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HomeMy WebLinkAboutPlanning Commission Minutes 10-18-1972PLANNING COIZUSSION VILLAGE OF PLYMOUTH, MINNESOTA October 18, 1972 A regular meeting of the Planning Commission was called to order by Chairman Wahl at 7;39 p.m,. in the Council Chambers of the Public Works Building on Wednesday, October 18, 1972, MEMBERS PRESENT: Chairman Jim Wahl, Commissioners Fran. Hagen, John Roth, Jim Threinen, Warren Chapman, and Bill Keeley MEMBERS ABSENT. Commissioner Reg Kroskin STAFF PRESENT: Milton Dale,, Georgia Rehbein M37 iEcklund-Swedlund Custom Iiome Builders A- 37 ECKLUND-SWEDLUND Planner Dale introduced the proposal, stating that the HOME BUIMRS— petitioner requests approval of a Registered Land Survey Proposed R,L,.S. which would involve a 4.5 acre park and four single family for a Park lots approximately 20,000 square feet per lot. Mr. Dale pointed out that this property was originally scheduled for a Village park and was just recently donated by Ecklund- Swedlund for park. purposes. He added that Staff recommends Planning Commission recommend Council approval. Chairman Wahl questioned if this proposal had been before the park Commission; Planner Dale answered that it had but wc.s uncertain whether they had registered approval or disapproval. Commissioner Threinen utondered what the proposed park -wras based on Mr. Dale answered t' at it was based on the Guide Plan. Commissioner Feeley pointed out that originally, when Eckluna- Swedlund came to the Council fjr approval of other sections of IMPERIAL HILLS, there was a condition set forth by Council that no development would be accomplished on the lower portion of this property until drainage problems with Pinetree Lake had oeen solved. Commissioner .Keeley asked if these problems had been resolved•, Planner Dale answered, that to his knowledge they had not. Commissioner .Keeley stated that the park itself does not pose _a problem, but the other parcels might prove a problem in development, Commissioner Feeley then wondered who would have maintenance responsibility for the serpentine wall erected as an entrance facade for IMPERIAL NILLS, Planner Dale suggested that maintenance would perhaps be the respozisibility of Ecll.und-Swedlund; Mr. Keeley poi nted out that this is not specified in the R.L.S. Chairman Wahl questioned how much of the wall was included in the R.L.S ; Planner Dale answered that a 3S' wide strip of Land was involved. Planning Commission Minutes October 1.8, :x,972 The Public Hearing opened at 8:11 p.m,, PUBLIC HEARING bon Johnson, 18025 19th Avenue North,, stressed that there PROPONENTS is acritl.cai_ .need for parks in this area, especially for younger children whose parents will not allow them to cross either County Road 6 or Mato Highway 101.. Mr. Johnson stated that the creation of a park and four single family lots would not aggravate the .drainage problem, but rather the proposed Red Owl, Super Valu, and Shopping Center for the area would cause drainage problems, Chairman Wahl explained to the proponent that initial recommeridati,on had been that no development occur until the drainage problem was solved completely. Ir, Johnson stated he believed it would be unethical to check the development of the park.' Jerry Ericson, President of the IMPERIAL MILLS Homeowners: Association,, stated that he would- concur with Mr. Johnson ai, added that many of the residents of IMPERIAL HILLS had purchased their homes on the understanding that a park would be provided. Mr, Ericson ,stated that the residents had struggled to persuade Eckl,und-Swedlund to .increase park acreage from 4.3 acres to 4.5 acres.. As fox the wall, the proponent suggested that if it were knocked down, IMPERIAL MILLS would: suffer no great detriment; he added that this area is para of the proposed trail system. Mr. Ericson summarized by stating that the consensus of IMPERIAL HILLS was that the park should be developed, Public Hearing closed at 8.52 p.m. NEARING CLOSED/ Commissioner Kv ley made a motion, seconded by Commissioner MOTION TO Hagen, for action on the proposed R.L.S. Motion carried. ACT/CARRIED Commissioner Hagen pointed out: .that if we accept the entire proposal as park land and at the same time allow :qtr. John Yngve to subdivide his property off County Road 6 - which yjoin$ this park property - the result would be violation of the Ordinance for parks which specifies that no motorized vehicles shall be permitted in a park., Chairman Wahl ' clarified by adding that a 351 wade strip of land that is proposed as a public trail will, have to be crossed to meet the specifications of Mr. Yngve's driveway, as the Commission has recommended to Council that no access should be permitted onto County Road 24 from any of the four lots of the Yngve property. Commissioner Keeley made a motion, seconded: by Commissioner MOTION TO Hagen, to recommend approval of the R.L.S. subject to the RECOMINJEND petitioner posting bond with the Village to maintain the APPROVAL entrance structure until all lots in IMPERIAL HILLS are sold or develo2ed - at which time a: sum of money will be given to the Village to gva.rantee wall maintenance should some deterio rati,m occur. Planning Commission. Minutes October 1:8, 1972 Commissioner Roth stated he felt the park would be much more acceptable in size, shapo, and feasibility with the addition of Lot E to the proposed, park area. Commissi.ozxer Chapman stated that he believed the Commission should be advised by the PurkColArlissionastotheutilizationofthisland. Chairman Wahl moved that the motion on the floor be amended to MOTION TO add that Planning Commission recommendation would be contingent AMEND/ Upon the direction of the Park Advisory Commission. Motion CARRIED was seconded by Commissioner Dagen and carried unanimously,. The major motion, as amended, was called for a vote; motion, MAJOR MOTION carried, all ayes. CARRIED Planner Dale explained that the petitioners wish to rezone ALVIN PIETIG two lots, each 26$,000 square feet in size, frcm Single A.J. POPPELAAR Family to Two, Family Residential.. He added that the neighboring property owners have been notified of this request.. Planner Dale stated that Staff believes this Rezoning from request should be denied for these reasons: R-1 to R-2 1) The proposed change is not compatible with established land use patterns inasmuch as single family homes adjoin the petitioners' property on three sides, 2) The basic land use conditions in this area have remained unchanged since the adoption of the Zoning Ordinance, and consequentiy no need for change in :zoning is contemplated, 3) The change could be construed as a granting of a special privilege to an individual as contrasted to the general welfare, 4) The property can be used in accordance with existing zoning regulations, The Public Hearing opened at 8:53 p.m, PUBLIC HEARING Mr, Floyd Russell., 'representing A. J. Poppelaars, stated that PROPONENTS t proposal— ere recommended for approval, $50, 0.00 to 55,000 double bungalows with double garages would be, built and would be cgel.l-maintained lie added that because of soil conditions it would be costly to build single family dwellings on the sites. Due to the noise conditions involved with County Road 1. and Highway 55, Mr, Russell believed that single family homes would not sell at this. location, Mr. Russell stated that fir. Poppelaars had once tried to carry on a conversation with a woman who lives on Lot 19 but found it difficult because of the noise. He added that: the woman plans on. ;roving because of this problem. Mr. Russell, there Planniag Commission Minutes -4- October 18z 1972 related how a model home on Saratoga Lane h«d sparked interest but the lot on County Road 15 could not be sold because of the noise problem. Many people, Mr. Russell added, were interested in other lots that would not be so close to the highway. Commissioner Chapman questioned if the noise problem would be any better for someone living in a double bungalow, stressing that twice as many people would be .subjected to the noise probl,en.. Mr.. Russell: answered that the garages would be below and the living quarters above, thus inhabitants would not be in the direct line of high—vay noise and trees- could be planted to scroen the noise. He added that people who would rent would not be m;a'oJng the huge :investment that people who build a home would be ma :i,ng. Commissioner Chapman answered that the needs of renters ,should be considered, too. Commissioner ;Keeley asked if Highway SS was in exactly the same improved state as when the lots were purchased. Mr. Russell answered in the Commissioner Keeley then stated that he believed that thc, lots were purchased with the knowledge that the area was a single family neighborhood. Commissioner Threinen wondered if the property had been put upforsale. Mr. Pietig answered: that the land had been up for sale for three to our months and had also been advertised. ale stated that County Road 15 -was not really the problem, but rather Highway 55. Mr. Pieti,g also expressed the opinion that less: people would be brought into the area with double bungalows than with single family homes. Mr. Gail Norman, 10411 A County Road 15, stated that he OPPONENTS had lived directely east of Mr. 9iatig for 18 years and the highway was there when he moved in - a situation that remains unchanged. fir. Norman stated he cannot understand why the soil. 7aoses building problems for single family dwellings but not doubt: bungalows when -the latter are twice as heavy he added that when he moved into the area there existed a 99 - year pact for single family dwellings and he wondered how people from outside the area can come in and propose such a change. fir. Stephen B. Wennes, 320 A Trenton Lane North, stated that his property backs uta to the subject grope, ty. He stated that in 1.069 he settled in this area primarily because it was a single family neighborhood - and ,tressed that every endeavor should be made to maintain that status, Air. Wennes stated he failti to see noise as a problem, that he does not find the noise that annoying even in winter with the leaves are off the trees in the back of his lot, Since Highway 55 has been improved, Mr. Wennes felt much noise has been eliminated. The opponent summarized by saying that he 'believed noise; would be no less of a problem if double bungalows were built than if single family homes :+sere built - thus making the petitioner's noise a,rgument. irrelevant, Planning Commission Minutes October 19, 197 1`fir, Louis trewster, 403 Saratoga Lane, stated that his propertyisjustIaFoUnathcornerfromthe :subject property and he would like to see the, area retained as single family residential. He added that the .fact that 1,500 people toured the model bome on Saratoga Lane indic:_ttes interest in the area; but the fact that no one purchased a lot could indicate hack of finance as well as a noise factor. Ile stated that if an attractive single family dwelling were built, there would be continued interest. He pointed out that it was his belief that a builder's promise to i aintai,n rental properties are often not tied dow% by contractural arrangements and consequently fall by the wayside. Mr. Rw, E. Jacobson, 316 Trenton lane, stated that as a homesteader, he was t e ;a st one in Ivanhoe Woods awed fought all the battles when Plymouth was just a Township.. He stated that he would like to sea the area remain unchanged.. He further commented tl;a.t Staff had provided excellent reasons for denial of the request. Mr. Gary i?ruth, living just wast of the subject property, stated that contrary: to what the petitioner said, he is not moving out of the area because of the noise, but because his home: is too small for his fam1lyi He stated that A. J. Poppelaa.rs Construction. Company bought the subject land on a speculative basis and the residents of the area should not have to suffer because he 'bought property on a poor speculation, Public Hearing closed, 9:1.1 p,,m HEARING CLOSED/ Motion was made by Commissioner Keeley, seconded by MOTION TO ACT/ Commissioner Roth., to act on this proposal at the CARRIED present meeting, Motion carried, all. ayes. Commissioner Chapman made a motion, seconded by Commissioner; MOTION TC} K^Aley, to recommend denial of the proposal for the four RECOMMEND reasons outlined by Staff above, adding one point DENIAL 5) Previous course of action has been to deny all multiple zoning requests to the west of Quaker Lane Commissioner Threinen stated that he would concur with Commissioner Chapman, adding that to -rezone this area would clearly "be spot zoning. Motion to recommend denial carried unanimously. MOTION CARRIED i i planning Commission Minutes October 18, 197 1~he SS C2mpan}-34 55 COMPANY Planner Dale pointed out the, subject area on the map, ea.pl,ainiag that the petitioner wishes to rezone aux area of apprortjmately 12.2' acres from R-0 to 1-2, Staff recommends that the Planning Commission recommend den,,4 for the following reasons 1) The proposed change is incompatible with established land use patterns inasmuch as this area is primarily agriculttiral and/or scattered single family home sites,; 2) The property can be used in accordance with exist.in zoning regulations 3) There are adequate sites for the proposed use in other areas of the Village permitting such use. The public Tearing opened at 9:14 p:..m. PUBLIC HEARING Commissioner Keeley questioned the proposed use for the area if it were rezoned to 1-2. Mr. Louis Oberhauser, representing PROPONENTthepetitioner, stated that two oc s on one lot would be used by Bergerson-Caswell for new office buildings and storage facilities for a well -drilling business. He added that K'leven Floor Covering Company would have an office ,and warehouse facility for their business on the property also. Mr. Oberhauser stated that both uses retain a low number of on- site employees Bergerson,--Caswell with 1S and Kleven with 2-3 Mr. Oberhauser added that the piece of property in question is adjacent to a piece of property presently zoned commercial, with the railroad bordering the north, edge, lumber yard on the west side, Soo Line Industrial, Park on `the east side, and Highway SS on the south, Commissioner Threinen questioned Commissioner Keeley as to his findings on the eater Study as it relates to this area. Commissioner Keeley stated that it was adopted by resolution that possibly the 1-1 Industrial Area should be stiicken from the Guide Plan since supplying grater to the Soo Line Industrial Park would necessitate increasing the pipe diameter and water pressure in the southern and central portion of the Village in order tb,.serve the Soo Tine Industrial Area.. Mr. Bergerson of Bergerson-Caswell stated that he felt PROPONENT t7s area was 'best zoned according to the existing zoning and land use, He stated that private provision was being--.- made eing-. made for sanitary sewer in the area and wat-pr would be Provided for these two businesses until, such time as water is brought in with a local well. Mr, Zil1 agne, Real Estate salesman, stated that he had PROPONENT' initially sold the covaercial property to the Soo Line Railroad and now to t`1,e 55 Company - all within the last three, to five years. 11e stated he could see no reason for Planning Commission Minutes -7- October 18, 1972 this area's zoning to be changed and questioned if the Soo Line was aware that the zoning stood a chance of being changed., Planner Dale answered they were aware of that pcssibility. . Mr. Gagne stated that he and the people he represents own a total of about 900 acres in this area and would like to have a voice in the projected: changes of tote area, Public Nearing Closed, 9:3S p.m NEARING CLOSED/ Motion was made by Commissioner Hagen, seconded by Commissioner MOTION TO Threinen, that action be deferred until "a decision is made on DEFER/ that, portion of the Comprehensive Guide Plan.. Motion to defer CARRIED carried, all ayes. The uetitioner was informed that if time was a critical factor, he hid the right to appeal to the Village Council after 64 day for a. determination. at that: time. A-435 Loring 'Ziebarth A_43S LORING ZIEBARTH Planner Dale introduced the proposal to subdivide an Subdivision unplatted parcel of 3.02 acres into two parcels and suggested Request that Mr. Pat Fallon, representing Mr. Ziebarth, state the exact nature of the request. rix. Fallon indicated that Parcel, A belonged to Mr. Ziebarth, but Parcel B had been sold to Ms. Cleo T'omczyk approximately one and a half years ago; Therefore, Mr. Ziebarth is asking the Commission to recorraend approval of a conveyance that has already occurred: Mr. Fallon indicated that violation of the Ordinance was not intentional, As to conditions set forth by ;Staff, Mr. Fallon stated the petitioner has no objection to dedicating the right-of-way on County Road 24, but he cannot at this time grant an easement over land now belonging to Ms. Tomczyk. Commissioner Roth made a motion, seconded by Commissioner MOTION Threinen, to approve subdivision of the two parcels subject to TO the dedication of 17 feet of right-of-way fronting, on County RECOMMEND Road 24 from Parcel, A APPROVAL One amendment having failed, Commissioner Chapman again amended MOTIO'U TO the major motion to read that no building permits be issued for AMEND Parcel A until a plat plan.for the whole area is submitted for CARRIED Parcel A. Motion to amend was seconded by Comm issionex Keeley, and carried unanimously. Chairman Wahl called for a vote on the major motion made by MAJOR Commissioner Roth, seconded by Commissioner Threinen. Motion MOTION carried unanimously. CARRIED Planning Commission Minutes -8- October 18 1972 Wallace iirner A 43G WALLACE TURNER Planner ,Pale explained that the request: is to subdivide Subdivision an existing parcel into two parcels. Staff recommends Request the Planning Commission recommend Council .approval subject to the following; 1) Petitioner dedicate 27 feet of property along Fernbrook Lane for right -o£ -way purposes; 2) Petitioner continue to have access to FeTnbrook Lane until such time as Fer'nbrook Lane is widened, 3) Petitioner dedicate 30 feet along the east side of his property for street purposes;; 4) Petitioner provide the Village with utility easements as shown on Attachment #2'. Comm;Lssioner Keeley suggested that final action on Wendell Larson's property should be shown on Attac.-zment #4 as this has a. bearing on the street in the back which is also an important street in this proposal. Commissioner Feeley made a motion, seconded by Commissioner MOTION TO Threinen, to recommend approval of the request subject to the RECOMMEND four conditions outlined by Staff. APPROVAL Mr. Anthony Freund, potential builder on the subdivided property, asked how long it would take to ,secure approval as he would lime to begin building as soon as possible before winter sets in. It was stated that the request has to be approved by the Village Council which could be another two to dour weeks. Motion to approve the subdivision carried, all ayes. MOTION CARRIED 43$ Harold Ernst A. 438 HAROLD ERNST Planner Bale introduced the proposal, indicating that Subdivision Staff recommends approval of the subdivision subject to Request the following conditions; 1) Petitioner continue to have access to Xenium Lane until ,Xenium Lane is upgraded and a secondary street is provided; 2) Petitioner dedicate 40 feet of right-of-way along the east boundary of the parcel north of State Highway 55 - up to a point 600 feet south of the parcel's north boundary Attachment #2) Planning Commission Minutes -- October 18, 1972 Mr. Ernst, speaking for his mother who owns the land, stated that his mother is 92 years old and is on Social Security, This year, the assessed value of the property is $3,000, with a tax statement of over $1,000. Next year, the assessed value is $18,000 and the ax Gtatem zt will probablybl be three timess gr -eats than: it was this year,. bar. Ernst stated he believed that dedicatinga401right -cif -way after paying taxes on this land for 72 years would be. a strain on.h s mother since ber heart is not good. Commissioner, Roth :stated that if this 4 feet is dedicated and is not needed, it could be deeded back to the original owner. Commissioner Keeley asked what the proposed bridge would do to the south end of the property; Planner Dale answered it would: have to be .condemned prior to construction of the proposed interchange. Motion was made by Commissioner Roth, seconded by Commiss.ioRer MOTION TO Threinen, to grant the petitioner's request subject to the two RECOMMEND points brought forth by Staff. Motion carried, all ayes. APPROVAL/ CARRIED Discussion - Sidewalk and Trail Policy Commissioners Chapman and Roth left the meeting as discussion commenced..)' After review and discussion., the Planning Commission with a unanimous vote adopted the following policy; SIDEKALX AND TRAIL POLICY 10=18-72 1) Construct extensive trails as designated on the Comprehensive Land Use Guide Plan. 2) Constru:t as a natural extension to a planned' Trail System permanent street sidewalks along major and local thoroughfares and school walks where considered necessary in the interest of public safety. 3) Provide the opportunity for property owners to petition the Village Council for sidewalks or trail systems in areas so designated on the Comprehensive Land Use Guide Plan, Motion was made by Commissioner Keeley, seconded by Commisslaner. 10-04-72 Hagen, to approve the Planning Commission Minutes of 10-04_72. Minutes Notion carried all. ayes Motion to adjourn carried, 10:30 p.m. APPROVED BY PLANNING COMMISSION November 1, 172