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11-20-91 Planning Commission MINCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES 11-20-91 - PAGE 1 - Chairman Roskaft called the meeting to order at 8:05PM. Members present were as follows: MARK WALLACE BRUCE RASK CARL SWENSON LARRY FOURNIER ING ROSKAFT KATHY LEWIS JIM KOLLES Staff members present were as follows: BOB KIRMIS ELAINE BEATTY JUDY HUDSON First item on the agenda was the consideration of the minutes of 11--6-91 Planning Commission Meeting. Swenson motioned to approve the minutes with the correction on page 2 - paragraph 11 it read "Kirmis said it is an obvious indirect situation and will impact as it is a precedent as she is obviously directly 'farming." Change to read " Kirmis said it is an obvious indirect situation and will impact as it is a precedent as she is obviously "NOT" directly farming_" Larry Fournier seconded the motion. Motion carried unanimously- MAURICE HARPSTER -- Subdivision of Sec 36, T 121, R23 PID #214-000-M362400. Division of 5.1 acres from +83 acre subdivision overlays two existing residences on the Wilbert Bouley Farm which have been in existence for 80 years. The submission of the plat (and subsequent recording) will rectify a non --conforming Gond. (two principal building on one lot) and will allow individual home lots to be saleable. The property is zoned W/S and lies in the long range urban service area of the City. Roskaft asked Beatty if all the proper notices were mailed and published and posted. Beatty answered yes. Kirmis stated that this is a 5.1 acres of land subdivision and he sees this subdivision as a positive action to rectify a non --conforming condition. He also stated that there are twelve conditions in NAC"s Report that have to be met. Kirmis read the following twelve conditions and commented on each and he stated that NAC recommends approval of this subdivision with the twelve conditions met. 1. The structure exhibiting the setback non --conformity from County Road #42 is subject to discontinuance requirements as stipulated in the Zoning Ord. 2. The three access points which currently serve the two proposed lots are consolidated to provide a single access. 3. The subject subdivision is subject to comment by the Wright County Hwy Dept in regard to right-of-way dedication. 4. Each lot in the subdivision is provided a vehicular turnaround area so that vehicles are not required to back onto County Road #42. i J 5. The proposed subdivision is subject to review and comment by the Department of Natural Resources. 6. A conceptual ultimate development plan for the area is developed to provide an assurance that the subject subdivision will not limit the developability of adjacent river abutting property. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES 11 -20 -91- -PAGE 2 - 7. The plat is subject to review and comment by the City Engr in regard to drainage. 8. The City Engineer comment as to the acceptability of existing septic systems which serve the proposed lots. All septic systems must meet the approval of the City Engr. 9. Field entrance on north line of Lot 1 be moved off of lot 1 to eliminate possible 2nd entrance to lot. 10. Preliminary plat should identify locations of drainfields and wells to verify distances from structures and property lines. 11. The subject subdivision is subject to park and trail dedication. 12. Comments by other City Staff. Mr Harpster and his wife were present and Roskaft asked for any comments from them. Also present was neighbor Sim Talbot. Mr Harpster stated the setbacks shown on the site plan by Taylor Land Surveyors are wrong. Harpster said he re -measured and came up with different, larger setbacks for the distance of house from the road. Harpster will contact Dennis Taylor to re -survey this. He gave the Commission a copy of a sheet he had which had written on it the different measurements he had found. A copy is attached to the minutes. Harpster stated he found 115.11' from the center of Co Rd #42 which is off by 30' from Taylor's figures. Fournier asked about the twelve conditions and if he has met them? Harpster said it is mostly inspection type of items and he had no problem with those. Harpster asked about #1 non -conforming condition? Kirmis told him in regard to the setback non -conformity, Section 405.1 of the City ordinance (former Wright County) states that non -conforming buildings shall be discontinued within a reasonable period of amortization of the building. Effective 1 January 1973, reasonable periods of amortization were established. These periods, based on building construction type, are as follows= BUILDING TYPE AMORTIZATION PERIOD Wood Construction 40 years (Expires 1 January 2013) Wood & Masonry Const. 50 years (Expires 1 January 2023) Fire Proof Const. 60 years (expires 1 January 2033) It must be recognized that the discontinuance of the non -conforming structure is required regardless of whether the subject subdivision is Pursued. Harpster talked about the driveways and combining of same. There are large lilac bushes that have been there for years on the property line where the combined driveway would I go and also phone connections there. He asked if there is some leeway in this? He said the two houses use the driveways no more than once or twice a day. Harpster stated he has no problem with any of the other information. Larry Fournier motioned to continue the Hearing until 12/18/91 at 8PM or as soon after as possible and until the C-) CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES 11/2D/91 - PAGE 3 - site plan is accurate and the joint driveway is reviewed and commented on by Wright Co Engr. Wallace seconded the motion. Motion carried uninimously The Zoning Ordinance initiation of Amendment was discussed for A-2, one per forty requires a maximum lot size of 2-1/2 acres. There has been some question on this. In order to encompass buildings on a split, sometimes it encompasses more than 2-1/2 acres. Licht envisions a Cond Use Permit to allow more than 2-1/2 acres where existing buildings are there, or land is not productive from a farming standpoint said Kirmis. We need the Planning Commission comments if you feel an amendment is something you would like to pursue. Roskaft stated the City Council is the Board of Adjustment. They have to make that decision. In some areas it is a hardship, in some ways. The Board of Adjustment has been the City Council and on Cond Use Permits, etc. the final decision is the City Council. He asked how this will be written up in the Ordinance? Beatty told the Commission that we have two requests before us now. Both are marginal farm land and one wants 5 i acres the other needs more acreage to find a buildable site and also meet the road frontage requirements as there is wetland involved. Swenson stated that he felt it is better to change the ordinance then allow a variance. Swenson motioned to direct NAC to prepare an amendment to the Ordinance on one per 40 splits which is the maximum of 2-1/2 acres to allow up to ten acres in special circumstances with a Cond Use Permit. Lewis seconded the motion. Motion carried unanimously. Fournier asked if there is special conditions these lots will have to meet? Kirmis answered defiantly, non -tillable, etc. all agreed. Beatty asked Commissioners if they would please stop by the Hall and pick up their information on Tuesday before the Planning Commission Meeting. We will put the information for Wallace, Rask and Kolles in envelopes on the board out front and the other members will pick their information up in their boxes. There was questions on how we are coming on Ordinances? answer= The Industrial Ordinances are being worked on by Dave Licht and will be distributed, hopefully before the next Planning Commission Meeting. We also need to adopt the Shore lands Ordinances and the Wild and Scenic. (They need to be looked at.) Swenson said he would like to get the Industrial Ordinance Information before the next meeting so they have time to review it. All Mem ers agreed. Ros ft declare the et* adjourned. JAMES R tPLLES, SECRETARY BY: ELAINE BEATTY, REC. SEC.