05-20-92 PCCITY OF OTSEGO PLANNING COMMISSION MINUTES OF 5/20/92 AT 8PM
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Meeting was called to Order by Carl Swenson, Chair at 8:05PM
The following Commission members were present:
ING ROSKAFT EUGENE GOENNER KATHY LEWIS
CARL SWENSON MARK WALLACE BRUCE RASK
DENNIS MC ALPINE LARRY FOURNIER, REP.
The following Staff Members were present:
Bob Kirmis, Planner Elaine Beatty Judy Hudson
Swenson noted McAlpine could not make the meeting.
First on the Agenda was consideration of minutes of
5/6/92.
Roskaft motioned to approve the 5/6/92 minutes as
printed. Goenner seconded the motion. Motion carried
unanimously.
3. Rex Osterbauer - 23750 141ST AVE N, Rogers, MN.
Requesting rezoning from AG to A-2 (4 per 40) on 25 acres of
land PID #118-500-284201. Located in Sec 28, Twp 121, Range
23 on O'Dean Avenue NE.
Swenson turned it over to Kirmis who explained NAC's
Report of 5/13/92. The Osterbauer Rezoning is generally
consistent with the comp plan explained Kirmis. The only
concern is the two per twenty (2 Per 20A) instead of four per
forty (4 per 40A). The density is consistent with the comp
plan. He stated there are two considerations:
1. The City finds that the pursuit of a two (2)
dwelling units per twenty (20) acre development is
consistent with the intent of the A-2 District.
2. Comments from other City Staff
Lewis asked, wasn't the intent of the overall intensity
of the Long Range Urban Service Area four per forty acres?
This request is to establish a precedent as to how we
interpret our four per forty.
Goenner motioned to reject this division on the grounds
that it does not follow the intent of the City. Rask
seconded the motion.
Donna Grover - wanted to know why it doesn't follow the
plan?
Swenson said the intent of the four per forty was to
allow limited amounts of development, while allowing as much
farming as possible.
Donna Grover stated she feels it is a hardship for the
owners. They do not farm it and it is 20 acres of weeds.
Rex Osterbauer stated he had talked to Dave Licht at a
Staff Meeting and Mr Licht felt it fit into the plan and with
four per forty it was the intent that you could put four
houses on forty acres. If a home was on twenty acres there
would be deed restrictions placed on the rest of the land.
Kirmis stated that these people are pursuing this
rezoning now.
Swenson asked for further discussion on the motion.
CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 5/20/92 AT 8PM
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There was much discussion on possible scenario on the four
per forty and the surrounding splits as how it would work.
Motion was voted on and Roskaft, Goenner, Wallace, Lewis
and Swenson voted yes. Rask voted no and McAlpine abstained
for lack of information as he had come late. Motion carried.
At this point Mr Gary Inman asked if this was not a
Public Hearing and if the people in the audience had a chance
to speak.
Swenson said he hadn't realized it was a Public Hearing
and we would back up a little.
Beatty noted that the proper notices had been published,
posted and mailed to the residents.
Swenson noted that we had already heard NAC's report
from Kirmis.
Swenson then asked for any comments from the audience.
Gary Inman - 7262 O'Dean Ave NE said he owns Parcels
118-500-284202 and 118-500-784102. He has a house on 284202
and Parcel 118-500-203 has a house. There is 43 acres owned
by Frank Morsette. He said there are only two homes on that
40 acres now. Mr Osterbauer wants permission to build on
another 40. (4 per 40 zoning). In the event that Mr Morsette
would build, it would make the total of four houses, and Mr
Inman stated he has no objection to that. His wife Clara
Inman stated that she also has no objections.
Rex Osterbauer - said he has been working with Dave
Licht on this for quite a few weeks. Licht had said that
this is consistent with the land use plan and there shouldn't
be a problem with this rezoning.
Fournier - said he feels it should be clarified as to if
you need a forty acres to be able to rezone to four to forty
acres.
Wallace stated he would like to comment on Fourniers
comment. He stated he felt our recommendation to the Council
is to deny this rezoning, as per previous vote.
Osterbauer said he feels this was a premature vote prior
to the Hearing information from the public.
Swenson stated they will revote.
The Hearing was at this point closed to the public and
brought back to the Commission.
Swenson stated the P.C. needs to make a decision.
Rask motioned to accept the rezoning from A-1 to A-2 for
this reason:
Lot #118-500-284202 has taken a one per forty now. The
five acre split allows 200.00 foot frontage and 1039.00
depth. The one in the North corner is built and it allows
Frank Morsette a one per forty and he has four per forty
possible. If he asked for rezoning we can deal with it at
that time. We would request a deed restriction and a shared
driveway for Osterbauer.
Roskaft said we should rescind the first motion.
Goenner motioned to rescind the first motion_ Roskaft
CITY OF OTSEGO PLANNING COMMISSION MEETING OF 5/20/92 AT 8PM
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seconded the motion. Motion carried unanimously.
Roskaft seconded Rask's motion.
Goenner stated he has a problem with allowing this as
the main thrust of the Comp Plan was to protect prime ag
land. Two houses one on the front of this property and one
in the back would split up the land for farming. We are
dealing with two precedents and which is more important to
us?
Wallace stated he disagrees with allowing this because
this is in the middle of an Ag area. We are putting this
right in the middle of farm land.
Rask stated we have no basis for denial now.
Goenner stated our comp plan does allow for clustering
of houses. Vote was taken and Rask, McAlpine, and
Roskaft voted for the motion. Wallace, Goenner, Lewis
and Swenson voted against. (3 for/4 against)
It was noted that maybe in two weeks the Commission
could get more information from the Planner and re -look at
this.
Lewis stated she feels there is a lot of confusion and
this needs to be looked at closer.
Rask stated he feels we will gain no more knowledge from
postponing this.
Goenner stated he feels we are a recommending Commission
to the City Council so we should not re -look at it. The
Council will see that there was not complete agreement on
this.
It was agreed that a clarification was needed.
This Osterbauer property will be on the 5/26/92
( Tuesday) Agenda for the City Council.
#4. Resolution 92-24=
Discussion was asked for on this.
Goenner stated he feels he should be able to talk to people.
Swenson said he feels in most cases it would be clear if it
is an influence or not.
McAlpine asked if the Council also has a Resolution to
follow?
Wallace stated we are employees as a Commission and the
Council is a voted in body. He said he doesn't feel it is
relevant. If the people don't like the way the Council is
doing there job they can vote them out.
Roskaft said the State also has rules and he does not
feel he is an employee of the Council.
Fournier stated he feels that he would hope the Council
follows this Resolution also.
Goenner brought up the Conflict of Interest. Is there
an appeals process on this? (Where the City Attorney could
review this)
Swenson said it is the judgement of the Chair and it is
kind of an appeal. It could be very awkward if we get into a
problem at the beginning of a Hearing. It could delay a
b
CITY OF OTSEGO PLANNING COMMISSION MEETING OF 5/20/92 AT 8PM-
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Public Hearing. I don't foresee a problem said Swenson.
Goenner said it does not handle a conflict with the
Chair.
Wallace stated that in a conflict of interest seminar he
had recently attended, the speaker stated that if there was
any conflict of interest whatsoever, you should disqualify
yourself. We have to act as a unified body.
Roskaft stated that this commission should not play
politics.
Swenson agreed that we are to interpret the rules.
Rask said we are taking our power away by voting split.
Beatty noted that the Osterbauer matter will be brought to
the City Council on 5/26/92 (Tuesday). Licht will be at this
meeting and maybe the Commission would like to attend the
Council Meeting.
On the Resolution Fournier commented the Council wants
The Resolution to be a positive thing and if the public knows
about it, the Commission will have more credibility.
Goenner asked if anyone went to the Sherburne County
Meeting and could they give a 2-1/2 minute summary?
Beatty stated that Roskaft, Wallace, Kirmis and herself
attended and we had a one hour session with a professional
planner on basic planning and a one hour session with Ty
Bishoff, Sherburne Co Assessor who gave us tax base
information. How taxes in Sherburne Co are figured for the
different classes of property. He gave us some charts to
relate to.
Fournier noted that when he was on the P.C. he remembers
4 per 40 was per 40A.
Meeting adjourned
JAM R KOLLES, SECR TARY
By: Elaine Beatty, Recording Secretary
eb