06-03-92 PCCITY OF OTSEGO PLANNING COMMISSION MINUTES OF 6/3/92 AT SPM
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Meeting was called to order at 8PM by Chair, Carl Swenson.
The following members were present:
MARK WALLACE BRUCE RASK KATHY LEWIS
DENNIS MCALPINE JIM KOLLES CARL SWENSON
ING ROSKAFT ( 9PM ) GENE GOENNER ( 9PM ) RON BLACK-C.R.
It was noted that Ing Roskaft would be late and Gene Goenner
may not be able to attend.
The following Staff were present:
Bob Kirmis Elaine Beatty Dave Licht 9PM
Mayor Norman F Freske was also present.
Rask motioned to accept the minutes of 5/20/92. Wallace
seconded the motion. Swenson noted he would like to add to
the minutes that Jim Kolles had an excused absence from the
meeting. Motion carried unanimously with the addition.
ROGER AND JAYNE LUND HEARING: PID#118-500-164403 at
14817 NE 95TH ST Otsego, MN. Lot 1, Block 1, Pludes
Addition. A Cond. Use Permit for a garage larger than
allowed by the Ordinance.
Chair Swenson explained how the Hearing would be
conducted and Bob Kirmis was asked to give the NAC Planning
Report of May 20, 1992 (background on the matter).
The property is 3.6A in size and presently Zoned R-3
noted Kirmis and went over the structure use and
compatibility on Page #4 of NAC's Report. Based on NAC's
review, they have recommended approval of request, subject to
eight ( 8 ) conditions ( See attached Exhibit A)
Swenson asked if Mr Lund wished to add anything. He
answered no. He stated he agrees with the conditions.
Swenson asked if anyone else wished to be heard. No one
did.
Swenson brought it back to the Planning Commission for
any questions or comments.
Rask asked if it is being
was a two car garage which has
Lund said yes.
built on Lot 2, and said there
been turned into living space.
Lewis motioned to recommend approval of the CUP with the
eight (8) conditions listed in NAC's Report of May 20, 1992.
Rask seconded the motion. Motion carried unanimously.
This CUP for Lund will be added to the Council Agenda of
6/8/92.
Mr Neil McMillin, Wright -Hennepin Electric was next on
the agenda to discuss street lighting for the City of Otsego:
Mr McMillin stated he and Wright -Hennepin are very excited
about Otsego's new City Hall and he talked about street
lighting. He distributed a street lighting contract which he
said is typical. He presented different types of street
lighting with a overhead projector and explained lighting
possibilities and rates. He stated that Wright -Hennepin does
not add in an installation charges. It is billed into the
rate and amortized.
Mr McMillin showed the .Tames Addition layout and showed
CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 6/3/92 AT 8PM
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a typical lighting plan. He talked more about lighting for
the City. He recommends that at least, the major
interstections be lighted and the cobra lighting be used with
the colonial for residential areas. Discussion of Wright -
Hennepin and Elk River Munc Utilities was had and if the
lights were compatible with each other.
Black asked for the service areas of the different
Electric Companies in Otsego and Mr McMillian went over the
areas on the Otsego map.
REX OSTERBAUER - was returned to the P.C_ from Council
for discussion and reconsideration of Zoning (25A on O'Dean
Ave NE) .
Swenson asked Licht to comment on the Osterbauer
Rezoning and how the Otsego Ordinance pertained to it.
Licht explained that the City Council received
recommendation and part of the consideration was
interpretation of the Ordinance and request that the P.C.
revisit the matter with some discussion of the Ordinance.
Basically two conditions that need to be addressed.
1. Reasons for denial
2. Current Interpretationibf the Ordinance
The next item is i= you want the Ordinance changed from
the current Ordinance. Mr Licht apologized for not having
the Ordinance done, but he is waiting for information from
DNR.
This pertains to two sections of the Ordinance 20.52-6B
and 20.52.8.
Section 20.52.8 - The intent is in fact as I read it in
four per forty, is when you are dealing with a quarter
section that has not been sub -divided in the past, all of
these things pertain to this section. Licht said he thinks
the clear intent of Section 8 is clustering of development
for Ag preservation.
Section 20.52-6B - The County did not have a four per
forty so they divided down into 2-1/2 acre lots. You could
have in one particular area up to 16 lots. The County in
this manner had a higher density than the City. If the
Quarter/Quarter section was treated as a virgin area, we
would not have this section in the Ordinance said Licht.
With new quarter/quarter sections, we will allow clustering.
If the County allowed subdivisions of 20A or greater, that
person is qualifying for density of 4 per 40 or 2 per 20. If
they had 19A that would not qualify, they are one acre short.
Our reading for that basically the property does qualify
for a rezoning. That question before the Council is
rezoning. It is critical to get your reading.
1. The density, if that were the basis for denial,
qualifies for rezoning.
Licht said that any other questions, he will answer.
Wallace asked about the lot configuration. Licht said
CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 6/3/92 AT 8PM
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that 150' is the road frontage. Licht said it is recognized
that strip would not subdivide on their own, but the
adjoining property would probably go along, Licht explained.
The further back the house goes, the bigger the problems for
the owner, but that is up to the owner.
Rask asked if, as a Commission, dealing with 4 per 40 we
can rezone, but don't have any right to tell people where to
put their home. They are allowed it the way present zoning
is now said Rask
Swenson stated that the County had done some things that
are ackward to deal with, and we are talking about doing the
same thing.
Licht said that both lots that are being proposed meet
the lot frontage requirements.
Swenson asked for any other questions. Swenson said he
would like to clarify something. What you are saying is 25A
even thou it exists in two 40's doesn't matter. Because it
is divided, it sets a different context than dividing a whole
fresh 40 A. The reason why we have the P.C. is to deal with
things like this. There are times when things are not
developed as we would wish, said Licht.
Swenson asked if being in 2 - 40A parcels doesn't
matter? Licht said it did not.
Rask said with preservation of farm land do we have the
right to request placement of the home?
Licht stated as part of rezoning you don't. What you
can do, however, is recommend to the City Council that you do
not want the house in the back section. Licht recommended
making it a separate section. Osterbauer said it is hilly
where he is putting the house close to one acre of trees. (it
is a nice house setting).
Wallace said that a lot of our questions was on the Ag
land in the back 40 A. Can we recommend changing zoning on
only the front 40 A? Licht said you can recommend. If
public safety is a concern you can maybe make note to the
City Council. (Fire trucks access, etc.)
Swenson asked if farm land being farmed is good land?
Osterbauer said he didn't know. He stated that the
driveway would go down an area that is now along a fenceline.
Goenner said it is fairly good soil with adequate
rainfall. (he had looked the information up) .
Licht stated you can request to the Council that it be
gravel driveway, etc.
Black asked if this were not a proposed subdivision of
this particular site, what can happen is without anybody
saying anything, the property owner can come over and build
on the Westerly area? Licht said this is right.
Roskaft said this lot could have been created a long
time ago.
David L+enhardt,Atty. for Osterbauer said there were two
CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 6/3/92 AT SPM
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issues. Now there is three. Rezoning was being asked for.
Subdivision has been adequately addressed. The third issue
is where is housing going to be put? I agree with Mr. Black,
that it can be put pretty much anywhere on the site. The
required subdivision seems to be clearly allowed the way it
is written in the Ordinance.
Swenson said we need to consider this request.
Ing Roskaft motioned to rescind the action of the
Planning Commission last week on this Osterbauer matter. Rask
seconded the motion.
Swenson asked for any other discussion. There was none.
Motion carried unanimously.
Roskaft motioned to Rezone the Osterbauer property from
Ag to A-2. Kolles seconded the motion.
Black stated he hopes the Commission will debate this
and discuss it a little so we can have some understanding of
why the decision is being made.
Roskaft said he is hoping another motion and discussion
would be forthcoming and recommendation to the Council.
Motion carried unanimously.
Swenson asked for any other discussion.
Gunner said he feels it is a Long Range Urban Service
area for Rezoning. We are talking about 25 A that we are
allowing two houses to be built on. We are creating a one
per ten instead of four per forty. Where do we draw the
line in preserving Ag land? It was a prime concern in our
Comp Plan.
Wallace asked if we are giving up Ag Preservation by
rezoning Ag -2?
Licht said not necessarily. He is researching this
further as to house placement with protecting farm land.
Swenson said it would indicate that we are interested in
preserving prime farm land.
Wallace motioned as part of our Subdivision we request
the Council to consider that a minimal amount of ag land will
be taken. Goenner seconded the motion.
Swenson said both Mr Black and Mr Fournier asked that we
make clear what our intentions were. Does this do that?
Rask said he had more discussion. He would prefer to
cluster this up on the front 40A. With 43A He does not have
adequate frontage for 4 houses. The frontage would probably
allow 2 houses. 150' lot frontage is needed per lot. Licht
said that lot 284102 is undevelopable until a street goes in
there. There is no street frontage now. It is a recorded
lot so it was approved. We have six potential lots on the
80A now. That is within the density regulations.
Swenson asked about the driveway. Is it along the North
end of the property? Answer. Yes.
Goenner said we are creating a one per 10 within a 40A
where there are lots of record, because you are saying
without a Zoning change they are allowed one lot.
CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 6/3/92 AT SPM
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Licht said if you are a farmer and own 640A and you own
that land, the City does not say you can put your farmstead
right in the middle of that. There is nothing you can, or
want to do about that. The reason that 4 per 40 is in there
is to convey or simplify the 1 in 40 concept. Concept is to
say for 40A we allow 4 units. You can cluster and whatever,
but in one cut up forty we will deed restrict the balance so
you can't get more than 4 units. If you have a lot you are
still dealing with the 40, but you have to recognize that
those lots were legally created and they have their lots .
25A qualifies. 19-1/2 or 19.8 doesn't qualify. I think the
Ordinance need to be clarified to convey this.
Roskaft said the County does the 4 per 40 in bad
farmland (Ag Residential.
Rask said the big confusion was 40 and it was split
years ago. If you have two tens and a 20 could the 20 split?
Licht said following the density it would qualify.
Swenson said the two sections are separate and not tied
to 4 per 40.
Motion carried unanimously_
Black asked if 20.52.6 B density is clear? Licht said
Sec B and Sec 8 have to be related and clarified.
Lewis said it seems like the IOA needs to be looked at.
Rask asked does the lot for Osterbauer need to be that
configuration? Osterbauer said yes. Licht said NAC looked
at it and it was approved.
Roskaft had questions to ask of Licht. The Met Council
article, what does non -attainment areas mean? Licht said it
has to do with pollution control matters. Licht said it is
starting to show that the Metro is starting to move out.
Licht explained further and discussion was had.
Meeting adjourned at 9=45PM.
LW �_ k _�k _//_ _—)
JAME R KOLLES SECRETARY
MINUTES BY ELAINE BEATTY, RECORDING SECRETARY
Exhibit A
/ Roger and Jayne Lund
RECORKENDATION :
Based on the following review, our office recommends approval of a
conditional use permit to allow the construction of a 960 square
foot accessory storage structure subject to the following
conditions:
1. City Officials determnti uedt seere of the siis a te's pole bui need ding
potential for the co
for the purpose stated (storage of antique cars and motor
home) .
2. City Officials determine that the site's pole building has an
evident re -use related to the principal use.
3. No commercial or home occupation activities are to occur on
the site in association with the site's accessory buildings.
4. The proposed garage is painted to match the site's principal
structure.
s. The roof pitch of the proposed accessory building is the same
as the site's principal structure.
ture is
fted
6. The placement o ion of the proposed
approved resubdivision Cplans
to allow execut(see
Exhibit G).
7. If the applicant pursues further subdivision of the subject
property, either the existing pole building should be removed
or the following conditions should be complied with:
a. Extensive screening, in a manner judged acceptable by the
City, is provided around the existing pole building to
screen it from view of the public right-of-way and
neighboring residences.
b. The pole building is brought into compliance with Section
20-16-4.1 of the Ordinance which notes that accessory
structures exhibit the same or similar quality building
materials as the principal building.
8. Comments from other City staff.
2
June 5, 1992 From: City of Otsego Deputy Clerk/
Zoning Adm. Office
To: Norman F Freske
Floyd Roden
Doug Lindenfelser
Larry Fournier
Ron Black
Jerome Perrault
Planning Commission
Kathy Lewis called me 6/5/92 at 9AM to inform us that
they have sold their home in Otsego and are closing on it the
3rd of July.
She will not be sending another letter to the Council
and Planning Commission. She also will not be able to attend
Planning Commission Meetings from here on.
This is for your information.
Elaine Beatty
Deputy Clerk/Zoning Adm