Loading...
HomeMy WebLinkAboutJune 29, 1971 -.f)~t!nd.Q 6-.2'-?J J. Sa.n:~~l;''t\ 1?_Q,~J - Anoll.. c.olA.....-Iy ~. :fa mu: !YlojOAI Spefll'a./ Ilse. 'P",tllt1l'j 3. EJJ.D~ W4/1 \/Q.~;4t\e.e... J/. Re.:zo t'Il'uC. Po. b/ic. Ilea r,.n, - se.c.f,'on /1:, 5'. Jo.W\~~ CDn rov QlL~6.J.,~Y\6a ,", 'Ke:z.Dnihj - 'Sed,.", 3.a June 29, 1971 TO: FROM: SUBJECT: GROW Tmv.uSHIP BOARD OF SUPERVISORS GROW TOW1ISHIP ZONING AND PLANNING COMMISSION REZONING PETITION OF THE ZONING AND PLANNING COMMISSION GENTLEMEN: In accordance with the prOVlSlons of the Township of Grow Ordinance No. $, Zoning Regulations, paragraph 5.04, Rezonings, the Commission herewith submits for your consideration a report of findings regarding the aforementioned rezoning petition. 1. The rezoning was initiated by the Township of Grow Zoning and Planning Commission. A Public Hearing was held June 29, 1971. 2. Subject area was found to be subdivided via metes and bounds descriptions into residential lots none of which meet the require- ments of the R-1 Zoning District. 3. Commission notes that of six lots in subject area, three lots have been granted variances on lot dimension requirements. 4. It is the opinion of the Commission that subject area should be rezoned from the R-1 Zoning District to the R-3 Zoning District thereby terminating the need to issue additional variances on lot sizes and to correct what is considered to be an error or omission on the Zoning Map. 5. No objections to the rezoning were heard. 6. The Commission recomme'nds to the Town Board of Supervisors that the South 621 feet of the Northwest Quarter (t) of the Northwest Quarter (t) of Section 16, Township 32, Range 24, Township of Grow, Anoka County Minnesota be rezoned from Single Family Rural District (R-1) to Single Family Suburban (R-3). ss/ Norm Stout, Chairman, Zoning and Planning Commission A meeting of the Grow Township Zoning and Planning Commission was held June 29, 1971 at Crooked Lake school. Chair- man Norm Stout called the meeting to order at 8;00 PM with Commission members Christenson, Holasek, Jones, Langseth, Nash and Rither present. Chairman Stout introduced Mr Hutchinson of the Anoka County Sanitation Board. Hutchinson's remarks to the Commission explained the duties of the Sanitation Board and how it relates to the township. Hutchinson stated that their involvement can be broad, encompassing solid waste and water quality. The Board responds to complaints received from property owners, makes field investigations of problems and provides consultation or enforcement for municipalities. Hutchinson noted that more [private sewer] systems are failing now than in the past. Hutchinson cited faulty design of the systems as the major cause of failure, noting that proximity to the water table, tight soils, inadequate capacity, no septic tank, or a poorly installed system, i.e., system bid one way and installed another way by the contractor, result in system failure. Referring to the State Code for Private Sewer Systems, Hutchinson stressed two points; (1) know where the water table is located in relation to the tank bottom, maintaining a minimum four foot separation, and (2) be certain the surrounding soil is capable of absorbing the volume of fluids to be introduced. Discussion was held regarding evaporation rates, absorption areas required for residential areas, purpose of septic tank, cesspool, drain field and percolation tests. Hutchinson stated that if the percolation tests were performed to State standards and specifications it would then be acceptable although he would question where the holes were put in and how many test holes were bored. Discussion was held regarding the application of James Moen for a Special Use Permit to construct a double bungalow in an R-4 Zoning District. Moen stated that he planned to build a split entry with a gravity drain in the basement. Holasek asked if Moen can comply with specifications. Stout replied that the system must be four feet above the water table. Holasek asked if there is any requirement that asks for high water table data. -2- June 29, 1971 Ron Smith stated that the FHA requires four, four foot test holes in the basement. Langseth stated that he is asking for high systems. Holasek stated that we should be telling builders that in X area you must put in a sump pump, that you cannot rely on gravity drain because the water table is too high. Ron Smith noted that on Osborne Road by Unity Hospital, you would hit water at three feet just about any time of the year and saw nothing wrong with requiring four test holes at the time the footings are inspected. Hutchinson stated that the holes would still not tell you where the water table is. Langseth stated that Round Lake was once a good lake, that it is now a slough hole and asked if it will ever be the same again. Hutchinson noted that the area around the lake was ditched - altered by man. Langseth stated that soil absorption tests should be made at each building site before they at least install their system. Stout read Ordinance requirements. Moen stated that he could find examples of systems which do not comply with the Township Ordinance; that he was being given the run-around because he was a small builder. Moen stated that he wants to comply with the ordinance and do what is required, and offered to build the basement of the proposed double bungalow four feet higher in order to comply with the requirements. Moen stated that he was paying a high rate of taxes and wanted to know what he was to do if he could not build on the lot. Holasek stated that either Moen gets the permit or he does not. Jones agreed, noting that if Moen can comply then there is no problem. Jones asked what determines the water table that in this case (Moen) there is a pond nearby. Stout stated that we need to know where the high water mark is in relationship to the 881 foot elevation as stated on the Percolation Test, taken by Ronald Harless, 173 Yoho Drive, Anoka, Minnesota, as presented by Moen. Jones stated that we should have some means of determining the high water mark in other areas of the Township. Hutchinson stated that ground water has gradient, and that it changes, just like a stream. Hutchinson noted that at the time a builder comes in, two determinations should be made; (1) what is the capability of the soil to absorb and, (2) where is the water table. Hutchinson noted that the water table level could be determined by borings, memory, or records. Referring to the Harless report, Hutchinson stated that all that is known is that the hole -3- June 29, 1971 was dug thirty-six inches deep and we must assume it was dry because the report does not state otherwise. Hutchinson stated that the absorbtion area must be in native soil, with a maximum of eighteen inches backfill. Langseth asked if the site should be rechecked and another test hole drilled. Stout stated that should be the case and thereupon asked Moen how high the SSl foot elevation was above the water table. Moen stated that he did not know; he did not think it necessary or he would have had it done. Moen asked about the house on Round Lake road. No comments heard. Schneider suggested that the basement be dug, the test holes be dug, and if the water does not appear, it should be acceptable. Moen wanted to know this isn't done in every case and why just his. Stout replied that it is supposed to be done and it is the building inspectors fault that it is not enforced - we have the Ordinance. Moen stated that he is willing to comply with the requirements. Jones stated that the only thing that is in the way is the fact that we do not know if you are six and one-half feet above the water table. It was moved by Jones and seconded by Ho1asek to leave it up to Harold Langseth to determine the high water table; if the distance is sufficient to meet the requirements of Paragraph sixty (60) of Ordinance No.7, that a Special Use Permit be issued to James Moen to construct a double bungalow on property as described within the Special Use Permit Application, dated on or about June 11, 1971. Christenson asked how the water table will be determined. Moen stated that he would have his engineer determine the high water table. Langseth stated that we should have a certificate certifying the location of the water table. Hutchinson stated that there are five ways to determine the water table, namely; use engineer, registered land surveyor, commercial testing organization, township personel, and individual land owner if properly supervised. Moen stated that subject property is approximately 110 feet wide and 220 feet deep; parking will be provided on each side of structure, and access will be from 13Sth Avenue NW. Christenson asked how infor- mation regarding water table will be transmitted back to the Commission so it can be included in the report to be submitted to the Town Board of Supervisors by July 13, 1971, the Board's next meeting. Christenson read paragraph five (5) of Ordinance No. S. -4- June 29, 1971 Moen stated that he had read the section referred to by Christenson. Langseth stated that he would be at the site in the morning. Appleby, Town Board Chairman, stated to Moen that the Ordinance says the next regular meeting, which is the second Tuesday of the month. The Zoning and Planning meetings will be reduced to two meetings per month during July and August because of the cost involved. Rither stated that he would await the test results so that it could be included in the Commission report to the Town Board of Supervisors. Supervisor Schneider presented the variance report on the Hall variance application and requested either a yes or a no answer. Rither stated that a recommendation is not required, the Ordinance states that a report of findings shall be submitted to the Town Board. Schneider stated that the Commission should be albe to make a decision one way or another. Ho1asek stated that one concern of the Commission was the two lots which weren't built but then would be if the present variance was granted; that granting one variance would set the precedent for the others. It was moved by Jones and seconded by Langseth to recommend approval of the variance application of Eldon Hall. McPherson stated that they would make it a part of the variance that no variance would be submitted for lots C and E. Nash stated that this would be going outside the Ordinance, we cannot deny him the opportunity to apply for another variance. McPherson stated that not to grant the variance would be taking Hall's land away by denying him its use, that it would be taking his land away without due process. The motion of Jones to grant the variance was defeated with two (2) ayes and four (4) nayes. Chairman Stout opened the Public Hearing to rezone the South 621 feet of the Northwest i (Quarter) of the Northwest t (Quarter) of Section 16, Township 32, Range 24, Township of Grow Anoka County Minnesota fromSingle Family Rural District (R-1) to Single Family Suburban (R-3). Subject rezoning was initiated by the Grow Township Zoning and Planning Commission to correct an error on the Official Zoning Map. Subject area was found to be subdivided via metes and bounds descriptions into residental lots; that of six lots, threeliavebeen granted variances on lot dimension requirements. Therefore, it is the opinion of the Commission that subject area should be re-zoned from R-l to R-3 -5- June 29, 1971 thereby terminating the need to issue additional variances on lot dimensions and correcting what is felt to be an error of omission on the Official Zoning Map. Rither asked if there were any objections to the rezoning and none were heard. It was moved by Rither and seconded by Nash to recommend to the Town Board to rezone the South 621 feet of the Northwest Quarter(t) of the Northwest Quarter (t) of Section 16, Township 32, Range 24, Township of Grow, Anoka County Minnesota from Single Family Rural District (R-1) to Single Family Suburban (R-3). Motion carried unanimously. James Conroy appeared before the Commission stating that he had plans to build a grocery store in the Nt of Section 33 and that subject area was zoned commercial for many years. Commission noted that subject area is located in the R-4 Zoning District. Langseth stated that the store would have to have sanitary facilities. Holasek stated that the area would have to be rezoned. Conroy stated that the road abutting the property does not belong to the Township and there are some back taxes to be paid.', Rither stated that the matter of the road would have to be taken up with the Town Board. Jones noted that subject area is located in Neighborhood #3 in the Comprehensive Plan. Conroy stated that he wanted the entire area rezoned. Jones stated that Conroy must fill out the zoning forms, pay fee and follow the procedures in the Ordinance and that construction must begin within two years of the rezoning. Holasek referred Conroy to the requirements of the Ordinance and the choices available depending upon what type of development is desired. Conroy stated that he wanted to erect a pole building on his property to be used for storage of camper, electrical equipment. and commercial vehicles. Holasek stated that the requirements would depend on whether or not it was in a residential or commercial zone, that the conditions would be more restrictive under commercial zoning than residential zoning. Conroy asked if he could get a permit for the building as the lot is now zoned. Stout replied that such use would require a special use permit and suggested that Conroy obtain a copy of the Ordinance, decide what is wanted, and examine what procedures must be followed. It was moved by Jones and seconded by Rither to adjourn. Motion carried. Meeting adjourned at 10:50 PM. Robert A. Rither, Clerk, Zoning and Planning Commission