HomeMy WebLinkAboutApril 25, 1972
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The regularly scheduled monthly meeting of the Grow
Township Zoning and Planning Commission was held April 25, 1972
at Crooked Lake school. Chairman Norm Stout called the meeting
to order with Commission members Holasek, Jones, Nash and Rither
present. James Kurth appeared regarding a request for variance
on lot sizes within the Nt of the swt Section 9 T32 R24. Subject
parcel is located in the R-l Zoning District. Kurth presented
a drawing of lot subdivision, aerial map of the area and stated
that the survey stakes on the south tier of lots, those fronting
on roadway desigated "1.'-1" were improperly placed. Roadway ""1'1"
is offset six (6) feet of the centerline on the westerly end
and offset nine (9) feet of the centerline on the easterly end.
Kurth stated that all lot area is exclusive of roadway; lots
lying north of roadway "'i'l" would be greater than 2t acres
(2.56 acre to 2.71 acre) while lots lying south of roadway "ill"
would be less than 2t acres (2.28 acre to 2.43 acre); road has
been constructed and rough graded but not accepted by Township
whereas roadway "H" has been accepted by the Township. Nash
referred to Ordinance No. 10, Section 17, Variances and 17.01
Hardship stating that variances are granted due to topography
or physical conditions of the land and that this situation does
not warrant a variance. Kurth stated that to realign road would
require an approximate twenty-five foot swath through existing
trees for the side slope and back slope; that there is no way
to make the lots on the south side of roadway "1:1" larger without
moving the road. Holasek stated that there should be seven
variances in that there are seven individual lots involved.
Kurth stated that the variance was filed lAW Ordinance No.8,
5.04 (1) "All other requests shall have a fee of $50.00."
Jones stated that the safest bet is to move the trees. It
was moved by Nash and seconded by Rither to recommend that the
Town Board disapprove the variance application of James Kurth.
Jones no~ed that we are losing our function as Zoning and Plan-
ning by asking for strict compliance to 2t acres. Nash stated
that we cannot issue variances which owners have not applied for
and that the variance is not to be used for more than one lot, to
have more would be a rezoning. Nash cited the case of Filiatrault
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~oril 25, 1972
variance which was a single problem and affected only one lot.
Stout stated that the Platting Ordinance requires a fifty foot
roadway and that roadway "1tl" is presently 66 feet wide. Stout
suggested that Kurth use the 50 foot roadway which would give
an additional 16 feet plus whatever is necessary to get the road
on the centerline. Kurth stated that it would require approximately
35 feet with the 66 foot road versus 29 feet with the 50 foot road.
Holasek asked why they didn't realize the lots were less then 2i
acres before they were sold. Kurth stated that they discovered the
error in the spring when they were staking out the property.
Commission informed Kurth that the road should be moved. Kurth
agreed with the Commission. Nash motion to deny the variance
request was passed. Ayes: Holasek, Jones, Nash, Rither
Nays: None. //Motion Carried.
Gary 'ivest, 2240 140th Ave. NW appeared before the
Commission regarding a variance in the side yard setback
requirements of Ordinance No.8, 6.02. Subject parcel is in the
R-4 Zoning District. West presented a plot plan showing that the
present side yard set back is 17 feet 5 inches on the southerly
corner of the garage and 13 feet no inches on the northerly
corner. West stated that the house and single car garage were
constructed prior to adoption of Ordinance No. 8 and because of
the slope of the lot the structure was placed at an angle to the
street. The structure adjoining the West lot is set back 10 feet
2 inches from the side yard property line and is the garage portion
of the structure. Both structures have fireproof siding. West
proposes to construct an addition to his garage resulting in a
proposed side yard setback of five (5) feet on the northerly corner
and nine feet five inches on the southerly corner. West stated
that the adjoining garage is also finished with fire proof material.
West submitted a signed statement from the adjoining property owner,
Melvin H. Weber, 2252 140th Ave ffiv, stating that he had no objection
to the variance of the side yard setback and the proposed garage
addition. It was moved by Nash and seconded by Rither to
recommend that the Town Board approve the Variance application
of Gary L. West, 2240 140th Ave WN, to vary the side yard setback
on Lot 7, Block 1, Red Oaks Manor Third Addition, from the required
ten feet to five feet on the proposed garage addition.
Ayes: Holasek, Jones, Nash, Rither
Nays: None //Motion Carried.
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1 il 25, 1972
Chairman called Donald Fawley. Fawley did not appear.
Ken Olson appeared regarding subqivision of lots in
Section 22. Olson submitted letter dated April 7, 1972 which
was addressed to the Town Board of Supervisors. Olson asked
consideration regarding exemption from the provisions of Ordinance
No. 10, Subdividing and Platting, for three lots in Section 22.
Subject letter and attachments are hereby made a part of these
minutes. Holasek noted that Ordinance No. 10, paragraph 14.01
is the only applicable section. Olson noted that the parcel
was a separate parcel but that the proposed lots were not.
Holasek noted that the Town Board is the Platting Authority.
Jones asked what Olson was qualifying for. Olson stated that
he wants to sell three lots by metes and bounds. Jones stated
that Olson would have to plat. Holasek stated that unless Olson
qualifies for a hardship under section 14.02 he must plat.
Olson asked what platting would do for the aesthetics of the area?
What would it do other than fulfill the Ordinance? Jones stated
that it changes nothing, the land is the same, it lays out the
same. Rither stated that the Town Board asked for a recommendation
from the Commission as to whether Olson should plat or be
exempted from the requirements of Ordinance No. 10; that the
Board should have so advised Olson at the April 11 Board
meeting. Jones stated that he approved of the subdivision but
it should be platted. It was moved by Jones and seconded by
Holasek to recommend that Olson follow the requirements of
Ordinance No. 10, Subdividing and Platting. regarding the proposed
subdivision of the st of st of Nt of SEt of WNt Section 22 Except
the East 240.0 of st of the N~ of SEt of NVlt of Section 22 T32R24.
Ayes: Holasek, Jones, Nash, Rither
Nays: None //Motion Carried.
Olson asked if he could start building the road. Stout stated that
he didn't think he could. Commission agreed that the road could
be constructed at any time.
Norm Hoium and Charles Backman appeared regarding a
sketch plan of lot subdivision lying within the r~lt of the WNt
of Section 7 T32R24. Subject subdivision is located in the R-2
Zoning District, and is comprised of 30.55 acres with sixteen
residential lots proposed. Rither noted that the preliminary plat
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. 'ril 25, 1972
was submitted to the Township clerk on April 13, 1972 and that
no sketch plan was submitted to the Commission as required by
Ordinance No. 10, Section 6. Hoium acknowledged statement and
stated that they would like to have a special meeting to
consider the preliminary plat prior to the next regular meeting
of the Commission. Hoium stated that they would bear the expense
of any special meeting. Commission discussed water table and
test borings. Rither noted that Block 2, lots 1,2, and 4, did
not conform to applicable ordinances, namely; Lot 1 was a corner
lot and was not platted at least 15 feet wider than interior lots
Ord. #10, 9.06c; lots 2 and 4 did not have the required width
at the front setback line, Ord. #10, 9.06b and Ord. #8, 6.02.
Discussion was held regarding the width of front setback of lots
in Block 1, those on the 172nd Lane rn~ cul-de-sac, noting that
lots 3,4, and 5 probably would not meet the required setback
width as proposed. Commission noted that the requirements are
set forth in Ordinances No. 8 and 10 and that compliance with
the Ordinances will be necessary to secure approval of the plat.
Hoium presented a sketch plan of subject area and stated that the
original preliminary plat will be revised and resubmitted.
Hoium presented sketch plan of Fox Crest Estates, located
in Section 22 within the R-1 Zoning District. Commission noted
that the proposed lotting arrangement and road layout was
generally acceptable noting that lots will front on interior
roads rather than onto the county road #18. Hoium stated that
the developer is Intercontinental Holding Corporation.
Chairman called Donald Fawley. Fawley did not appear.
Chairman called Edward Fields. Fields did not appear.
Horace Mayo and Charles Bankey appeared before the
Commission. Chairman stated that they were not on the agenda.
Mayo presented sketch plan of Cedar Crest Third Addition. Proposed
subdivision is located in Section 5 within the R-2 Zoning District.
Mayo stated that proposed development is single family residential.
Commission discussed lotting arrangement noting that outlots are
not permitted Ord. #10, 9.06i. Commission noted that Ordinances
#$ and #10 must be complied with in order to secure approval of
any proposed preliminary or final plat.
It was moved by Nash and seconded by Rither to adjourn.
Motion carried. Meeting adjourned at 10:50 PM.
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(~APril 25, 1972
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April 7, 1972
To: The Supervisors of the Town of. Grow:
Hr. Richard Schneider
Hr. Lyle Bradley
Hr. Harvin Christenson
I respectfUlly ask consideration be made regarding exemption from the
provisions of the ne.T Platting Ordinance adopted by Grow T01-ffiship,
February 15, 1972, for tpxee lots located in Section 22, for the fol-
lowing reasons:
.1. ihat in .June of 1969, this area Has surveyed out and
1. [3 acres uere sold to Douglas and Janet Boyer and
approved by the T01ill Board. Surveyor! s certificate
is attached. Also see Sec. 15 of the Platting
Ordinance.
2. I believe I fUrther qualify for this exemption under
Sec. 14.01, Paragraph 3, of the Platting Ordinance.
Copy attached.
Attached also is a copy of the survey of the three lots referred to in
this letter.
Sincerely,
Kenneth Olson
KO art
Attachments
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ft['GIGT'RCU u'-Ior.n LAWS Ol" 6Y"TC Of'MINNt:!iOTA
LICu,stO BY OHOIHAHCC OF CITY 01' I-lItHlE"POLIS
3010 r:A~T 55TH STREEI
PA, 4-46131
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I HEREBY CERTlf-Y THAT THE AUOVE: IS A TRUE: AHO CORRECT PLAT 01' A SURVE:\".OF'
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The EhSt 21:0.0 f(;ot or tilO SO\l'~h 1/2 of u;-;,' l:ll.l,th 1/2
of tho ~)0uth(}H3t 1/1 of tho lIo,.tll',10"t 1/4 of :;oction 22,
'J'oW!1:J1IiIJ 3~~ ,Hal\i;o 24, J,liol{h COu~1tJ' ,::itlIlO[)Otll.
[)OllC, L.4S J: ft"D Jf1~ET:E. 730ycP
10 3 J. C, Till S ;) T /lfGJ
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c""ON. """"';:7'''"''"''''''. N' . ,"00
SIGNeo. --. .'
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n{rJ'~"'J to pay ~ ~C{' (If fifty ,,(,IIM" (S~OOO) per lot
Cn.:,1'--' ,r t,n per (mf (It tIlt.' milrkl.t ...all'" of lhp.l,JIrH,J
~s ( /ll,nrd by IM( t!~".''''.m('nt H,'(A-dS IInd
forr~;lh<'lf .1l1ply IhN'lo. .....l..clll ...('r i, ~"(>"'("r. lots
uO?\I:'\J;;"I iH'Y rn,lnn.'r tll~I <HO? I<H~l~r lI'un fi...e i1(H-S
or X:O ',.(.t In ....id'tl !>hatl no! tn' ~vbi,-'d ',j puying a 'l'C
In !il.V of pulollC 1..lId C('OI(:.1!;C~1 t)vl m.:!y 1ft: !tvbjcct to
ded;coltit;.n cf land 'or public U$~.
SECT IOU 10.
'MPI{OV[;MEUTS.
COt-lSl"RUCTION
10.CI General C.onditions. U~.;n rc-r:eipl of
prf:!!im;r.~HY pldt .)rprCl....)ILJy tl-:e (o'Jncil "'l') prior 10
Council a~pfo"'vl (If lhr;> finZlI rldt. th(' !'u~-.jjvidl'r ~h",ll
milke provis;(,n, in Ihe m,I'''''''~r he;'"cin....t1rr !'ct fOdll,
f?r tl't' ir.~:f,JlI,)lion, at !lIe 50(;1(' ('~ptn~'! of tll~
t.ul..Jividt'f', (}l such irnr.rovO:-rrll"nt:; l>S shall be rcqlJirecl
by :hc (cfllm'Jr.ify, ...."lie" jPl[-I'"(1V('llH:nts rf"l,..,y jl1CllJde,
t;lul ;J((' not lil11iti!,j tu, SirCt:t" Sid('..,:dkS, Pl'bliC V,<'II('f
5\,$01(:1'11:.. <:'cnit;Jrv se....(r sy~:cr.-,s, serface and storm
drllill,-".;" sis1ems, LInd pubiic utilitY' 5eh'ict'5. Hie
Ins!a:!Ciljon of ~aid irnprc.vurlPn!s shall bc in
cc.nfc,rt;lif)' with approved (O,"lstr...,::1ion plans and
s:~>(ificdlion'S and all lIpplici>ble standards end
(lrdinimc\.'s,
10.02 Pcrformann Contrccl. Prier h 1he install~tion
of an,,.rcquircd imrrc...em~nts <.:nd prier to ~pproval of
thefil1ul p!<lt,the sUudivider ~hall en:"r ir,!o a confruct
W;1l1 Ill,", COfrlmvnity w~ich cC>!ltract ~llJrr rr..quire the
subdi.....ider b construct c.:aici improvcm(:r,.s il1 rhe sole
ey.peMi:" of the subdivider ;';ld in i1ccordance with
lIf.ttlr(lvt'd constn:cti-:;, plans .,nd sP'?cifjcat:on~ .'nd all
tfpp:ic<,hle sl,mdMd:; and ordi:'li'nce~. Sflid contract
sh~fI Fo\-'ide for Ihe supervi~ic',1 or cO:1strtJ::tion by lhe
l::/'J:Jlnrer; tinct said contr"::.t ".h.':l11 n'quire th3t the
Comnwnity he rE'i,nburs~d fer all co;.t~ in-:ufn:d by the
Ccmrrl\::1ily fer (>n9im'crin~ ,Jr,d I('J<;I fces an'J other
exp.2r,'j'!S in connt.'ctiN\ willl the mClldng of slJch
iOlprC'/('m~nts. 1"-: pcrform?r,(c of ~,1ioj coniract !:.hall
!:~ f:,'< ._,.-,:~! ~'<:'.vt~'(i iJy ,: '~o._h l'_.(rc,~., CCfJ(\5it (\:
perfo ,:e bond u:> hereinafler set forth.
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10.Ctj Fillilf1ci.:1 ~ecurify, Th~ p(:rformance contract
shill! n:quire the !.ub.jivid~r to make a ci1:>h t"ScrO'.<I
dt.'Posit or in Iir;;U thcrc'Of to furnish a p.:-rformance b::nd
in It"o~ f':lIIOwin!] arnol'nfs and upvn the followin!)
coodiliollS:
a, E:scre;w OC'fi?sif. The subdj\,rider sholll derx>sit with
1he T"e~surcr i:l cil~h amount cqtJ", 1 to 110 p{>rccnt "f the
10t,,1 cost of such irn;:.royelTlE"n!s 3S blimCltC'd by the
En~in('('r, inclvding the estimated expense of the
Comnll'nity for cnr;:ncerin-;! ?_rld leg;~l fces ll!'ld ofhc'r
e~~(Io:..'.'... incvrrc,{j b)' the Community in connection
wilt'. '",(' makir,g of such Impro.....ements.
b. Perforrnance Bond. In !i(:u of a c(:Ish csc:row
:fcposit, lh~ sul>divid~r m<JY furniSh a perforrnitnca
~o"d. wl!h a cc-rporAlp. sun.!y sat'sf.xtory 10 the
:ommunity. in a sum e."1uilllo 110 r;crccnt of the tolal
:o:;t of suc.h imprO'lcrncnts ':l~ cstim~:('d by lhe
:lY]iIIN'r, incluciln1 the cslimil!cd ")q}~ns~ cf the
:ommunity for (':'".'Jincer;n.J vi'd IC<]ul fees .:md 01her
~)(pcn!'('s inCllrred by 1he CC,/mmllnil\' in connection
'Ii'h the rn.::kin'1 of such im.....rov\!men13.
c. Cor.dition~. Th(! perform1tnce contr,"t shall
,,'"ovidc lor iI complefion di\le o:.n "which all cf the
cquirro ifllprOVt~(neflt' Shilll bt: fully installed,
"mplctC'd .,nd ilcccpted by thp. Ccrnrnunity. The
omplctioll ellle !:.h.:1I1 t~ de'?rrn'Il(.,J by the Council
.1Ier c(J:1!:.ullali()n wilh the ["n'Jinecr end the
llbdivider, "nd 5111311 b~ rc,)son)blc In (('Iaticn 10 the
onslruction 10 b!' "C'rfornled. H,t' !:.l'Cl~on<; ('4 thl~ year
nd pror.:-r corrcl31'on with cons:rl'c.f;e,n arlio.'ities In
'It:: Subdivision 1he p"'rfonll,lI}("(' cO,",1r,;lct ~hbll
rovl'J(' Ithlr In lh~ ('venl Ihe r<:,qvirr-.:! in:p(ovcm~nts
rc not compl('ted within the tir,,~ a 1101 I t'{'f, the
Clmmunily :..11,111 ll~ .:;I!owl:'d to C'Jl;;,rc.j!,f' if!:. po.........r to
l.COver on tile pr:rl';.rrn<lI1ce bond or utililC' Ihe escrow
('f>o~ltF- ... ~'1lp!':te the rcm,Jiniil] CI.'.T;,lruclion to
Qnlml ).In':1Mo3 ilnd spC\;ificr,tion'.i.. III Ill{' ('vent
.. .--^_~...., f....,~. r.."""'....._ '" 1_.....'..1....... __ .........._
C. Easements. All undergrO'Jnd ulilily service lines.
incll1ding waler, dr(}inClge ar,d sani1iJry seWN Syslems, (J) W.J5 (1 s;:paralc parcel of (1(11 I.:,...,; th<ln '....,-0 itrHl
V..nich travcrsE' private prc'pl'rty shall be insfalll'd Olle-h,)1f acres in arca iJnd 15:) fect in width on Ja:lu.:>ry
within recorded cast:ments. 1, 196~ or is ., si:-'~II(' pMccl N land not If:% than fivl"
~ acres and tlovill9 a width of not l('~:. tt-",m 300 feet
10.14, Non-Conformance. My non.cO;lformance with -0..:<_ ~___'_"'___'__"____"'_. "'_____ ___..~.~.
the standard!:. and ordin,:mces of the Commu:1ily i~ 'he In any CCl~e in which comr;lfance with Itle fo,eg(;illg
installation of t~,e required improv('m~nts by the re:iJricfiow:. wdl <.reell.! all ur1rlCCls5a~y h,lrd<;hip itr.d
SUbdi"idC1'" or hiS agents shall be cause for the f~1;rvrc,10corr.plvclC'lC5 nof inferfere willi fhe flllrpo<,C' of
Enginet'r to order ce~salion c.f all conslruclion with the lhe sul~ ivisi'Jn (((Iv!a I~ons, Ihe r 12-11 inlJ tOlvth'_lr ity r"nd'~
subdivision. In such event. no further construction wuive such (.orn;:-!ianCE> by iLrJc-plic,n o! a reS-Olul;cn 10
shall be allowed. thd! c-fl~c1 and Ih.? COfW('~'M'.CC rr,.)y 1twn be fj)o:-cl or
re(ord,~d. f,~.,. o\vn<:!r or d9.mf of :,.,e o','m'~r of I.~n(i w~o
conveys a I<'t or Pdrn~l in vioJat:0r'! of 11,e r,rov:sic>ns of
this ~(j!)c,vision Shilil forfeit and pay to f',C
n~L'n;cirh,Lly iJ p~n"lfy ot notlr-::;s l!lJn S3oo.00 lor c'ach
101 Cd pilrcd !to cOllvcyctL I, nl'Jn;,:ipalily mav "nioin
such conveYClnce or m<3y n:-co,,<.-r such pC'nlllly by a
civil (J(l;on in an\' court cf C0r:'"1r.~:C:l1 juri~d;cl~fm.
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pullllC rightof.W3Y one foot from the ptCPf>'rly 11,')1:' .lr:d
shull l)C at I(:d51 5 f('('1 wide.
10.13 f>uUic Utilities.
OF
a. Undrq:rNmd Utilities. f..r11f'ltphone. electric (lnd
9us ~f'rvice 1;~ll'S ~h"111 be pl.l(l~d l:arJ0rgfounri w;U',in
dediclltl.!d fH.;blic wilyS or rccord,..-.J ~u:;(>m('nf<; in such
mann~r liS not '0 <.onllict with oftl~r un:kr~lrovnd
SE'rvices i1n<'j in accor(lJn,e wilh Ccrnlnunity
Slandard'5. I,ll ufICl~rqround insta lIa' io:, (,f s("-rvic(> lines
within stre"t riyht!', of-way ~h.:lllLJ(> CCl1'rJC1rd prior 10
strC'et surlacin<). lJ":<lll cOm~I(::ion Of Ihl' in,lallillion of
uOclHgruvnd sc:rvicC" lines in dedicillC'd o;>....:-;:;c way~, a
tra<:ing and two (opir-s of r,lans ilrld spfcHic,)tions
ShCtN;ng the t:omp!('tcd installalion Sh.;ill be:: filed wilh
the Cl<:rk.
b. UtiHty Pol:?!>. All utility poles. excerf Iho!:.e
providing sfreet lighting, Sh,111 be placed in r('ar lot line
easements,
SECTION 11, FINAL PLAT,
11.01 Procedure. Prior to Council approvClI of a
final pIal, 1he following procedures shall be follcwed:
a, Filing (If Final P!!!t, Within 6 m')"It~s fr...lk:winl)
appro....,)l of tila p,e-li'llinMY pial. unlE:$S eHl eXlcns'cn of
time is requested ill writing by the subdivider i;nd
grantc'dby t~e Co~ncil, the subdivider s~al1 fil~ 7 copies
of the fif\al pia! wilh l:"'e CINk and Shall pelY i:l filing lpc
therefor of $10_00. Tbe final plJI shell I in.:::orpt)r:::!e all
chang!:'s requirt'd tlf Ihe Council, anj in all olt';er
r~pccls it shall conform to the preliminary plat as
ap;:>roved.lf thefin~1 pIal is nol filed within six monfhs
following C'ipprOval of the prel,minary plClt. the
C'ipprcval of the preliminary plat shall be considered
void. The final pI.}, may constitule o:lly fhat ~')rfion of
the preliminary pl;)t which the subdivider prcp.J~,es 10
.rt-<:oi"d iind c'!velop ilt Ihat timC', provid.:-d 111,11 su.:::h
portion shall conform to all rCQuir("rn('nfs of this
ordin.:mce, 2nd provided fllrther thaI Ihe r('m~in;nq
pt'rlion or portions of the preliminary plat rol
submitted as a final p!<'Jf sllall be Sunjec1to In.} ri9hl of
Ihe Community 10 iJjc,pt n~w or rC'....iscd pla1T;ng find
sUb.1ivision regulalioos.
QAPril 25,
1972
...... ..-.......-..-- ...... ...... -y-..-..
SECT:or4 14. f~[STRIr.TlON5 ON FILING 1<'40
RECCIHlIN(. lO~~"'F.YM.jCCS.
1101 R~~rri(lion!:. 0:-1 riling and RCCcld,nq. In
.l(tord.lnce W;!!l i1p>,licatJl(' ~""tt' le'w, no c()tIY(',',ln~C'
of 1;;wIIO ....hich Ii,,' re'}Ulclll':ns arc ;:Pr-llcablc !-r.lll b.'
li!r-c (,r r.:~-o(d('(!, if Ill': IJ'hi i:,; dl".cril>'-'~f In !l:~
C()"'I(.~',HKf' hy rn~I~'s itr.cj l.~:lund., or by rrfl'rl'ncf' t;. nn
un.::rprO\"t'd r'\liSlen"d l.ln:J ',urvC'y rn.l:lc illll"r /'pril
21, 1%1 or to im uniJppro\,(.rj pi". m.:;rll' ~,Ikr ~l'(h
(('~lul,lll('''S bC((lme l'fh~cl;...-(.. Th~ fCI'C.tlllinq rro'{I',;(lll
does pet appl,' I'.: (\ conveYJllCe if II~c' lard ll~'~(riL('d:
(1) \',',,H a 5l"par,llc J:.'arcd of rccord April 1, 1'/~5 or
tin' delII' 01 ,"">;-je;pliol1 (,f slJl,divi~i'-m f('qu!iltion\ lH\:!('"
Laws 1945, Chuplrr ?Ji7, whi(h'_'vcr i<; the 1"lcr. cr of the
actopl ion 01 !'ut ::li'.'ision rcguJ a fior~$ pl'rsu.:Jnt 10 oJ tlo'ne
rule charl,:r, or
('}) was Ihe- Sl'~Jject of a wrillen .:lgrc(lnen1 fo co~vC'y
enle(('d .ir--,l0 _f!ri?r,}O such lime,
1.U12 Hard:.l:ip. In any ca~e in which complia!lce with
he rorf:'(wmq re--,lrictio:1s will rr<-'.];eoan unnl'ce:,sary
'arc~h;p ,1nd f.,ij'Jre 10 comply do( ~ not intl'rfcrE' w:lh
ilk purpo:,e ('Ii !hiS ordinance, ltw (ouncil nl"ly w-livr:
5U(:h comrl;,lnce by acoptiOIl ot oJ f(.solufion to In,.., 1
cff<.'d and It;(' conveyance may lhi:>n LJe filed or
r('corded.
14.C,3 l'erl-111y. Any ownc.r or agl'nf of lhc ownC'r 01
lard wllo conveys a lot er parCE'l in violation of file
prOVIsions of t!1i~, sf:-<lion !>hali f('lrfeit and pay to Hle
COmr.1un;lYil penalty of nol less 1~I,ln SIN for each 101
or p~rc('1 so cc~wp.yed. The Co,nr~unil\' m,ly enjoin
svch convcyaflc<: (lr may rccovcl' such pen.1l1y by a
civil ael~O;l in (lny court of compclC'nt juriseJ;cticn.
"->-"~""->'<'~-'" - ,~..-,.-.,'- -~. -
SECTlOf.l'lS, PLATS r-"RCVIOUSLY APPROVCO.'.....-
i An pr!'lirniltary or fin"l plats. registered land
b. Filing of ^b~fract. At fhe timE' of riling the fi,J, Survey.>. or 0ttH:r !.l'b,,1ivisions Of 10r,cl ilPi)rovC'(; b'f Ihe
plat with the Clerk, the sub1i....id('r shilll al!:.,') file w;"lh TO':'rl 110,11",1 b....1 not fik;d with the Rr.:;IisfCr of l)':eds.
sakI Clerk iOn i1bstr.:;ct of title> or rC'gislercj ~rcp::>rty unc!<:>r prC'vious o"din,ln("~s shaH not 1)(' sUb:"'ct 10
ooslract,certlfledto(l:>te,evIl.Jcnclngownrrshlj.:lol I~e r('(!vir(>nH';lts of th;!. orc1in)nc~, provid(:d $ilid
premIses involvl'd In the plat. \ wbdivision is fill'cj within 6 months of !he ('ffC'cti"C' d.:!_lc
'- of ttlis ordi",,:1(c. .,<r_...._ ,~-" ~..-
c, RelC>rence. The Clerk !.hall refer copies of Ihl! finJI '--....----.._..-,....<-:..~"'.c"... ,.--
plat to the Enginrer, and !>h<lll re1~r Ihe .:,bs,,.,,,ct 10 tl;e SECTION 15. PERMITS
Atlorney for their examinillion and teport.
d. Reports. The EI1~inN'r and AttornE'Y shall !',u!'mit
1heir rC"porh 10 the Council wilhin lS ddYS nfter tile<
filing of the fin"l rlat. Thp. Engineer ~ha!l slate<
whether fhl:' fin.,l pl.:;t and the improvernC'nts (oniorm
to tile t;noinel'ring ilnd rft",i~n ~t<1r.rJi;r{f<; 'lnd
sp('CilicCllions of lhe ComnlUn:ty. Th(' A!IC,/tO('Y ~.h",!l
slall' his op;nionas 10 lhe tille 0f Ihc pr{'m:s'~~ involved.
e, Fcc-s. The subdivider sh.."ll pay the fe-Vi of l11e
Enqinl"('r iI;,d AflO'TIf'Y for their services <1n<.l ro::r('rlS
reoderN in ConnHtion with the final plilf.
f. CompliAnce Wifh law. 1hc final plat sha.lI be
16.011;npl'(I'lcmcnts. All electric :'lnd 4JC, di,;tribulior'\
lin~'s er p;pitl~J. rOo'ljwCJ'r'~. V.,LIk,c; .lr;'d olher simil,lr
improve('t]l'llto; ~h,-tlll>(> cOI'l:,trucl('j tlr)I'{ (:n a ~tr'_'L'l, or
cllll:r P'JL'i.::: V.'ilt'J( ('i1'~e(7l1'nl whi<:i1 is {!o:Sicjn.l!,'d Gr'I
<In ilp;lrovl'd J'!d!. (If prllpc-rly i,~d;c<"'!,?d on lht' oflici<ll
m,l::" (A 111" ((JI"1'lluniIV. or .....hi'h 1t,1S {llhenvi!,e been
appr(."ed l'y thi~ Council.
16.62 ^r:ce~s; r;o prrmit lor Ih~ crec lion of any
hlJildin'l ~1';111 bl~ isc,ved t':l:(,~":O ~u(h l.Uil,1in';.1 i!, 10 Ul'
IOCid(cl lop;.n ,I (''--'1'(1-'' of I~,nd al1l1llif1''/ ()II CI stf('('1 or
hi,:IHl.dY \.,lil(11 11;,':, !Wl':\ (k~'V:l,lkd on (In ilpprovc:l
pl.ll. l'r ('n t~ll {,ffi: i.l! n',11> (,I 111-' (011;IT~ur~ity, or wl1ich
hLiS Leen t1It'f'rw;sc npprov(',f hy Ire Council. lhi-:
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May 1, 1972
TO:
FROM:
SUBJECT:
Grow Township Board of Supervisors
Grow Township Zoning and Planning Commission
James Kurth - Variance on Lot Dimensions
Gentlemen:
On April 25, 1972, James Kurth appeared before the
Commission regarding his request for a variance on lot sizes
within the Nt of the swt Section 9, T32 R24. Subject parcel
is located within the R-1 Zoning District. Kurth presented
a drawing of lot subdivision, aerial map of the area and stated
that the survey stakes on the south tier of lots, those front-
ing on roadway "'iv" were improperly placed. Consequently, road-
way "IV" is offset six (6) feet of the centerline on the west-
erly end and offset nine (9) feet of the centerline on the
easterly end. Kurth stated that all lot area is exclusive
of roadway; lots lying north of roadway "\v" would be great-
er than 2t acres (2.56 to 2.71) while lots lying south of
roadway "W" would be less than 2t acres (2.2$ to 2.43); road-
way "W" has been rough graded. Commission notes that roadway
"w" has not been accepted by the Township.
Commission notes that Ordinance No. $, Section 5.04
Variances and Appeals, and Ordinance No. 10, Section 17,
Variances, 17.01 Hardship, both state that variances may be
granted if by reason of topography or physical characteristics
of the land,compliance with the Ordiance(s) would place an
undue harship on the property owner.
Commission finds that in this instance the need for
a Variance is a result of human error during the survey of the
property and therefore recommends that the Town Board of Super-
visors disapprove the Kurth request for variance on lot
dimensions.
.-
.
. .
James Kurth - Variance on Lot Dimensions
-2-
.
I
May 1, 1972
.
Ayes:
Nays:
Holasek, Jones, Nash, Rither
None
-s- Norm Stout, Chairman, Zoning and Planning Commission
May 1, 1972
TO:
FROM:
SUBJECT:
Grow Township Board of Supervisors
Grow Township Zoning and Planning Commission
Gary L. West - Variance of Side Yard Setback
GENTLEMEN:
On April 25, 1972, Gary L. West appeared before the
Commission regarding an application for Variance of Ordinance
No.8, Section 6.02, Side Yard Setback requirements as it
applies to a proposed garage addition to a single family
structure with an attached garage located at 2240 140th
Ave NVl.
West stated that the present side yard setback is
17 feet 5 inches on the southerly corner of the garage and
13 feet no inches on the northerly corner and presented a
plot plan showing the proposed set back of 9 feet 5 inches
on the southerly corner and 5 feet no inches on the northerly
corner. West stated that the adjoining structure at 2252
140th Ave ffi1 is setback 10 feet 2 inches from the property
line, and is the garage portion of the structure. It was
noted that both structures have fireproof siding.
West stated that his house and attached single car
garage were constructed prior to adoption of Ordinance No.8
and because of the slope of the lot the structure was placed
at an angle to the street.
West submitted a signed statement from the adjoining
property owner, Melvin H. Weber, 2252 140th Ave ~N, stating
that [Weber] had no objection to the variance of the side yard
setback and the proposed garage addition.
-2-
~ay 1, 1972
Gary L. West - Variance of Side Yard Setback
It was moved by Nash and Seconded by Rither to
recommend that the Town Board approve the Variance Application
of Gary L. West, 2240 140th Ave W#, to vary the side yard
setback on Lot 7 Block 1, Red Oaks Manor Third Addition, from
the required 10 feet to five feet on the proposed garage
addition.
Ayes:
Nays:
Motion
Holasek, Jones, Rither, Nash
None
Carried
-s- Norman Stout, Chairman, Zoning and Planning Commission
TO:
FROM:
SUBJECT:
May 1, 1972
Grow Township Board of Supervisors
Grow Township Zoning and Planning Commission
Town Board request for recommendation regarding
Kenneth Olson request for exemption from Platting
Requirements.
GENTLEMEN:
On April 25, 1972 Kenneth Olson appeared before the
Commission regarding subdivision of lots in Section 22. Olson
stated that he had petitioned the Town Board for exemption from
the requirements of Ordinance No. 10, and presented the Com-
mission with copies of the petition and attachments.
Commission notes that Ordinance No. 10, Section 15,
Plat Previously Approved, does not apply because the 1.$ acres
assumed to have been approved by the Town Board in June, 1969,
was the. only parcel surveyed, conveyed, or recorded at that
time. Olson acknowledged that the lots proposed to be sub-
divided were contiguous but not a part of said survey referred
to in his letter.
It was moved by Jones and seconded by Holasek that
Olson follow the requirements of Ordinance No. 10, Subdividing
and Platting regarding the proposed subdivision of the st of
st of Nt of SEt of NWt Section 22 Except the East 240.0 of st
of the Nt of SEt of tn1t Section 22 T32 R24.
Ayes: Holasek, Jones, Nash, Rither
Nays: None
Motion Carried
-s- Norman Stout, Chairman, Zoning and Planning Commission
o
CJ
- 1
GROW TOWNSHIP
PLANNING AND ZONING COMMISSION
MAY 30, 1972
AGENDA
'......J.
1. Public Hearing - Rezoning Petition - R-1 to R-4
L. Filiatrault Property located at Eidelweiss St NW
and Bunker Lake Blvd NW
, '.
2. Public Hearing - Preliminary Plat Nightengale Estates R-1
K. Olson Property located on 154th Lane mv and
west of Nightengale St NW
3. Public Hearing - Special Use Permit - R-1 Construction
Paul Jensen of a single story building, 22'X22' to house
a radio, TV, and HiFi repair shop. Petitioner
use of property is presently non-conforming in
that present use of property was established
prior to adoption of Ordinance No. g.
Petitioner now desires to discontinue repair
shop in existing building and move said shop
into the proposed building.
4. Public Hearing - Rezoning Petition - R-1 to R-2
Rolland Adrian DBA River Shores Estates, Inc.
Property located in the Nt of the SEt of
the swi Section 17.
'--./
5. Subdivision Sketch Plan
Norm Hoium
OV(~-r,ep/h./ ~eiV
~ ,(J..>
6. Discussion regarding conveyance of lot and building (residence)
Edward Fields
-I. ;11 S
7. Discussion regarding subdivision
Donald Fawley
g. Discussion regarding plat - Valley View Estates - Plat
previously approved by Grow Township.
Discussion regarding roads within Valley View Estates
Ray Klenk
q .;(,C-hoYd A.b-I:3- ~ t.~IVc. /UI-V,()~ (0, ;tJV6,uC. t<h9rc.e.
Sf//JP"-/f roAt /HG7J:;,cw~ ,E;Sm712S"
- No 0#0(,(,) -::D ( :D AI 0., .,c:} pp~
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June 5, 1972
TO:
FROM:
SUBJECT:
GROW TOWNSHIP PLANNING AND ZONING COMMISSION
PLANNING AND ZONING COMMISSION
PRELIMINARY PLAT: NIGHTENGALE ESTATES - KENNETH OLSON
GENTLEMEN:
A Public Hearing was held May 30, 1972 to consider
the aforementioned Preliminary Plat and the following is
submitted for your comsideration.
(1) Commission notes that the preliminary plat
presented on May 30, 1972 was in conformance with Ordinance
No. 10, Section $, Required Data. However, the plat filed
with the Clerk did not contain all of the required data.
(2) Chairman noted that a letter dated May 25, 1972
had been received from Caswell and Associates, Township Engineers,
stating that they had not received sufficient information to
perform a complete engineering review of the proposed plat.
(3) Olson stated that the required information had
been given to the engineer on May 26, 1972.
(4) No objections to the plat were heard.
(5) It was moved by Clendenning and seconded by Jones
to approve the preliminary plat of Nightengale Estates subject
to engineers report. Motion carried unanimously.
a~d &~~
Robert A. Rither, Chairman, Planning and Zoning Commission
Attach: (2)
( )
R~L) MAY 26 1972 ~ kv
.
7708 LAKELAND AVENUE NORTH
OSSEO, MINNESOTA 55369
Phone: 425-2 r 81 Area Code 612
f1ay 25, 1972
Mr. Robert Rither
17410 Blackfoot Street N.W.
Anoka, Minnesota 55303
Re: Engineering Reviewal of
proposed plat entitled
Nightingale Estates as per
Town of Grow, Subdividing
and Platting Ordinance No. 10
Dear Sir:
/' '\
'- )
In accordance with our discussions please be informed that as of the
close of the workday yesterday, we have not received enough information
to perform a complete engineering review of the above referenced
proposed plat.
Mr. Keith P. Olson contacted us yesterday and stated that he expected
to have the necessary information in our office sometime this afternoon.
Upon receiving all the information necessary for an engineering review
of this proposed plat as required by the above referenced ordinance, we
will contact you.
If you have any questions or if we can be of any additional assistance
please contact us.
Very truly yours,
~~
Dennis M. Anderson
DMA: cr
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CIVIL ENGINEERS . LAND SURVEYORS . GEOLOGISTS . SOILS & FOUNDATION ENGINEERS . MUNICIPAL CONSULTANTS
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Rh-l JUN 0 1 1972 A? MtPJ
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7708 LAKELAND AVENUE NORTH
OSSEO, MINNESOTA 55369
Phone: 425-2181 Area Code 612
1.1ay 31, 1972
Mr. Robert Rither
17410 Blackfoot Street N.W.
Anoka, Minnesota 55303
Re: Engineering reviewal of
proposed plat entitled
Nightingale Estates as
per Town of Grow, Subdividing
and Platting Ordinance No. 10
Dear Sir:
')
_/
As per our agreement, we have reviewed the proposed plat as referenced
above. Comments in regard to that reviewal are presented herein.
The proposed plat was checked with respect to Section 8, Required
Preliminary Plat Data, and Section 9, Subdivision Design Standards,
of the subdividing and platting ordinance as referenced above.
Comments will be made only on those items which do not seem to
comply with the requirements of the ordinance.
8.03b - Although the drainage or utility easement is indicated on
the proposed preliminary plat, it is felt that it could be labeled
in such a manner that it would be more clear and easier to identify.
\
o
8.03d - It appears as if the contour lines which are shown on the
prel iminary pl at are existing contours. These contours are indicated
in solid lines. There appears to be no indication of proposed contours.
This section indicates that existing contours shoul d be indicated in
dashed lines and the proposed contours shoul d be shown in so lid lines.
8.03h - There are no arrows or any other type of indication showing
the proposed surface drainage either within or beyond the 1 imits of
this preliminary plat.
9.03c-- It is understood that the proposed street within this plat
is proposed to be a rural section. If this is the case, a 1% minimum
grade is required. The grades, as indicated on the proposed street
profile for this preliminary plat, are less than this minimum
requirement.
&
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CIVIL ENGINEERS . LAND SURVEVORS . GEOLOGISTS . SOILS & FOUNDATION ENGINEERS . MUNICIPAL CONSULTANTS
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~F\-)JUN 0 1 1972--r.~aU
7708 lAKElAND AVENUE NORTH
OSSEO. MINNESOTA 55369
Phone: 425-2181 Area Code 612
Page- 2~-
Mr. Robert Rither
9.03d ,- There is no vertical curve indicated on the profile of the
proposed street plans. The minimum length of the vertical curve,
which woul d be required in this case, shoul d be 20 times the
algebraic difference between the percentage of grade of the two
adjacent slopes.
9.06a (2),- There is no indication of how these proposed lots could
be resubdivided to meet the size and dimension standards of lots
at such time when publtc water and sanitary sewer service is
available.
/ -.
If you have any questions or if we can be of any addltional assistance
regardtng the matters as presented above, please contact us.
''"-- j
Dennts M.
DMA:cr
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CIVIL ENGINEERS . LAND SURVEYORS . GEOLOGISTS . SOILS & FOUNDATION ENGINEERS . MUNICIPAL CONSULTANTS