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