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07-07-93 PCSEE FILE - TB-101CM.DOC CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 7/7/93 AT 8PM - PAGE 1 - Chair, Carl Swenson called the meeting to order at 8PM. The following Commission members were present: ING ROSKAFT CARL SWENSON RON BLACK/CR ARLEEN NAGEL/ALT GENE GOENNER BRUCE RASK The following Council Members were present: Norman F Freske, Mayor, Larry Fournier, Council The following Staff Members were present: Bob Kirmis, NAC, Larry Koshak, Engr, Elaine Beatty and Judy Hudson Minutes of the 6/16/93 Meeting were brought up for approval. Arleen Nagel brought up a few changes. On Page 2 it should read "RASK" not Vasseurs, and the date on the end page is wrong. Goenner motioned to approve the minutes as corrected_ Rask seconded the motion. Motion carried unanimously_ AGENDA ITEM #3: Charlie Christopherson - (Dennis Havel's Subdivision) "Dean Havel Dynamic Estates" in Section 17, Township 121, Range 23, PID #118-500-174300, sketch plan review (Continued from 6/16/93) Kirmis - Stated that this is an informal sketch plan Review and the intent is to get opinions and feelings on the sketch plan for the Subdivision. Kirmis summarized the proposal. It is a 4 -lot subdivision. It has A-1 Zoning and to be changed to A-2 (4 per 40) would be required. He explained NAC's Report of June 1S, 1993. He read from NAC's Report Pages 1-14, Page 3. 90TH Street has been added to the plan as requested by the Planning Commission. Mr Koshak, City Engr. and Mr Christopherson, Surveyor attended the meeting to answer any questions. (Koshak explained 90TH Street) There are power lines exisiting on the property now and they were discussed. SWENSON - Asked if the road is S of the easement, then does the property N of the line have access to that road? KOSHAK - The easement would be relocated to the property line abutting the existing easement. Swenson asked for further questions. ROSKAFT - Why couldn't the lines for the road be established now, rather than later on? KOSHAK - Because we are dealing with the parcel only at this time. It could be acquired, but it would have to be considered by the Council. It wouldn't appear that there is enough population to warrant that. CHRISTOPHERSON - The power line is 3' south of the property line. KOSHAK - The easement for the power lines is on the neighboring.property. There is an existing power line easement across there. GOENNER - What would happen if the property to the South wouldn't develop and this guy wanted to re -subdivide. He was told it couldn't re -subdivide without the road. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 7/7/93 AT 8PM -PAGE 2 - SWENSON - With the preliminary approval of this concept, what commitment do we have. This is only concept. They will be coming in for Preliminary and Final Plat at the same time. CHRISTOPHERSON - Dean Havel will be acquiring the back piece of land behind his property and he lives there now. GOENNER - We are dealing with a third party here for development. Roskaft and Black - said no we aren't. ROSKAFT - Motioned to approve the concept site plan as presented by the Staff. Nagel seconded the motion. Motion carried unanimously. AGENDA ITEM 4. Dave Plude - Amendment to the Conditions of the Subdivision to allow a second driveway entrance from Co Rd #39. Section 16, Twp 121, Range 23 - 118-500-164403 - R-1 Zoning. Kirmis explained from NAC Report of June 21, 1993. He explained the driveway issue and Wright Co's position on limited driveways. He read from Page 3 of the report. The traffic has more than doubled in five years. He recited policy from the Comp plan. On page 3, setting a precedent was discussed and Kirmis discussed Pg 4 of NRC's report. It is the opinion of NAC, that no physical changes have occurred to warrant a change in Subdivision approval and traffic volumes have doubled in the last five years, Kirmis said. NAC has recommended denial of this request. Page 5 of NAC's Report, conditions should be upheld if the Commission should decide to allow this request. (1-8 of Page 5) Kirmis noted that we have received a letter from Dave Montebello, Wright County Engineer and the County has recommended the original conditions of the Sub -division be upheld. DENNIS DALEN - Attorney representing Dave Plude. He stated that the County said that they wouldn't do it unless the City will, etc. This reporting is not well done. (He discussed the Plude property ad an article in the Star News.) He said he had tried to contact the reporter, but she hadn't returned his call. Mr Plude owned two pieces of property when he came into the Planning Commission. He wanted to move the line to make two regular shaped lots. He already had two accesses to the property, he explained. With the common access, we are discussing putting the driveway to the center lot line. He explained more. We have a permit with the County that they have already issued. I may have indicated to the County that the Council agrees, but I thought that is what I heard at the Council meeting. One person wants to put one home on this lot. We are asking to set up the driveway in the spot agreed upon in the original subdivision of this property. RASK - Prior to the original split did lots one and two have separate PID numbers? Answer. yes. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 7/7/93 8PM - PAGE 3 - DALEN - questioned Plude having two pieces of land and was made to subdivide to straighten a lot line. KIRMIS - Stated that thru sub -division, a newly created lot was formed. SWENSON - Let us backup, This is a Public Hearing. He asked if the proper publications and notices and postings had been done. Beatty answered yes. STEVE JOHNSON - a representative for Mr Lund. They had entered into a purchase agreement prior to the platting. They are concerned that their lot is going to be changed. Tom Ticen wants to purchase the lot from Mr Plude. They signed the purchase agreement on April 10, 1993. He is living in an apartment. He wants to build a house. His purchase agreement has expired and he needs a decision soon. DAN PLUDE - Who was with Mr & Mrs Plude stated that his comments are the same as the attorney. They are OK with the idea of putting the driveway where the City has asked them to put it. The County Engineer did give them a permit. RODBY - Who lives to the West of the lot did not see a problem with it. ROGER ENGSINGER - Of Halls Addition said he is wondering if this was further sub -divided would it have the same access or more? He is concerned because he has three small kids and they are along the road often. KIRMIS - Are you on #39? He said Ohland & 39. The City is primarily trying to limit high volume road access. Individual lot access would be to the local street, brought to intersect with the County road. ENSINGER - On that piece of property, I own the corner lot. South of me he was approached about an easement. Mr Plude came to me and I sent him to the neighbor. KIRMIS - The City would discourage single family road access to high volume roads. SCOTT RODBY - I don't see the logic here. It is the same number of cars one way or another. I don't see the difference. SWENSON - One of the problems is that any Ordinance you pass has to fit into the policy, etc/ DAN PLUDE - When they originally came in they came in for a change in the lot line, not sub -division. That is a lot with a conceptual plan. That is all it is. TICEN - In order for all the land to get developed in the future, Mr Lund and I would have to agree to develop it together. Is that right? KIRMIS - If you take the re --subdivision literally, that is true. DALEN - If it were to be developed according to this conceptual plan you would have thirteen lots on this plan. There is a driveway on this already. At this point the Hearing was closed and brought back to the Planning Commission. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 7/7/93 AT 8PM - PAGE 4 - RASK - I have concerns. I understood it was a sub- division. BLACK - It was totally different from what was there to start with. In the process there was some conditions attached to it. ROSKAFT - When we voted as a commission, we voted on a Sub -division and the common driveway would eventually become a street. SWENSON - It was two driveways which would become a street. ROSKAFT - If we were to approve separate driveways, can we wipe out the future Sub -division? This future subdivision is because if sewer and water become available they can subdivide. RASK - The man that is looking at buying it, why are we asking one-half of the driveway coming from the neighbor? Why can't it all be on his property? Discussion of the driveway was had. KIRMIS - The re -subdivision plan is not a subdivision plan. It is a concept. We want to see that it can work. SWENSON - Is the problem here the common driveway? DALEN - Mr Lund dosen't want to move his driveway. All the conditions Mr Kirmis put down address this. RASK - If they are placing the road where we are asking, would we deny access for the Lunds like we do for Havel's. ? KIRMIS - The intent is to get all single family access off of #39. MR ANDERSON, Atty. for Lund - (P.C. agreed he can speak, even though the Hearing is closed). Mr Lund agrees that his access will be eliminated and he is in agreement, if it is developed. FOURNIER - Mr Plude should be allowed to speak also. PLUDE - I did not come in and ask for rezoning or sub- division. I asked to adjust the lot line. I was told I had to subdivide it. Those two PID's are still the same. The boundaries have changed. Is there any other future conditions? SWENSON - The Staff recommends denial. What does the Commission wish? SWENSON - polled the Commission. ROSKAFT - Felt the rezoning had to be done because it was correcting the lot because it was in a certain zone. It was presented to me as a concept to be used in the future. If the drive is where it is going to be, the property owners could put a drive on the property line and go out as they choose. I'm disturbed in creating a precedent here. BLACK - Stated he is just listening GOENNER - For lots to be sold now and get a building permit, the lot would have to share a driveway. Lunds, when they purchased their property were unaware of this fact. Mr elude said they wanted ,a simple lot line adjustment. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 7/7/93 AT 8PM - PAGE 5 - KIRMIS - Read from the Subdivision regulations. The property was previously Zoned Ag which did not allow for the density. RASK - I have a question. We asked them to re - subdivide. Did we designate where the road would be. Where did we propose to put this driveway? Koshak explained where the road was to be placed. RASK - If the driveway would have been changed during the sub -division, it would have prevented these problems. KIRMIS - Co. road #39 has road access. RASK - Would Lund buy this property if he had seen this re -subdivision plan? DALEN explained. RASK - This land locked piece of property will not go away. ROSKAFT - Read from Dave Montebello's letter from Wright County Hwy Dept. NAGEL - Said she is concerned with setting a precedent. Why wasn't the Lund driveway moved right away? ROSKAFT - Wanted to table action. SWENSON - One gentleman has a purchase agreement in limbo and we have a responsibility to make a decision. ROSKAFT - The County Surveyor can set up the driveway where it should be. The county has already issued a driveway permit. RASK - I have a plat here that is incomplete. He spoke more on this. NAGEL - What happens if we OK this drive where we want it? ANDERSON - Mr Lund does not want to move his driveway. DALEN - For the record, Mr Plude has offered to move Mr. Lund's driveway, but Mr Lund declined. RASK - I find it hard to deny Mr Ticen's driveway permit. RASK motioned to allow Mr Ticen's driveway in that spot adjacent to the lot line - On Lot 2, B1 1, at the lot line between Lot one and two. GOENNER - Seconded the Motion. There was discussion= NAGEL - Are you including the Conditions from NAC's Report? Yes, eight conditions on Page 5, of NAC's Report RASK AND GOENNER agreed. ROSKAFT - If you deny the subdivision modification and that takes care of itself. RASK - withdrew his motion. GOENNER withdrew his second. DALEN.- I'm confused. We are asking for a modification of the subdivision. BLACK -- Isn't Roskaft saying based on what has been done, Wright. County will tell them where they can cross the ditch? CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 7/7/93 AT 8PM - PAGE 6 - ROSKAFT - Motioned that the Plude Subdivision modification be denied. Rask seconded the motion (For discussion purposes) GOENNER - If they a rn'tlbelagto Put problem the driveway in the right location, it ANDERSON - The owner of Lot 1, feels he is in compliance. NAGEL - Asked Mr Lund when he became aware of the joint access? LUND - He had to move his garage 1S'. When he came into the City to get a permit he found out about the re- subdivision plan and driveway. He will have to move his septic and trees if he has to move his driveway. KOSHAK - Said give them the permit. The County now has to take there step. I still recommend putting it on the driveway line. It is the County's issue now. DALEN - Asked if we could add that Building Permit be able to be issued. Motion carried unanimously. SWENSON SAID 7/12/93 IS THE COUNCIL AGENDA FOR THIS AGENDA ITEM #5 - MARY DARE BAUFIELD DRIVING RANGE (Cont. from 6/16/93) NOTE= This may not be complete - his - Stated that this issue is incomplete. ntinue the Hearing to July 21, ROSKAFT motioned to co 1993 if not acted on at that time it will not be continued Motion carried further. Goenner seconded the motion. unanimously. AGENDA ITEM #6 - SHERRY WHITE (John Anderson's property) Section 17, Twp 121, Range 23, SE of Co RD #39 and Nashua (Sketch Plan review of the Subdivision) This will be on the Agenda of Commission on 7/21/93 AGENDA ITEM #7 - ANY OTHER PLANNING COMMISSION BUSINESS SWENSONThisSaid is forhas theinformation wateroacbest Eamanagement mEmber practices. should read thru it and pass it around. BLACK - The Planning Commission reviewed the Wright County Water Management Plan and reported to the Council. The Council accepted the report. Also, the Intersection of County Rd #39 and Parrish, at the last meeting the Council gave the OK for 4 --way stop with the flasher if the City Attorney and Engineer agrees. KIRMIS - Update on the Wild and Scenic Ordinance. The DNR has proposed a change in the rule to allow no impervious surface requirements as long as it upholds the best water management practices. There will be a hearing on this. There has been some talk of allowing temporary mobile homes where homes are being reconstructed. Would the Some nrfinent to allow it? CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 7/7/93 AT 8PM - PAGE 7 - discussion was had on this, Black explained. The Planning Commission generally agreed. KIRMIS - Possible discussion of accessory buildings and the Ord. is coming up in the future. ROSKAFT motioned to adjourn the meeting. Nagel seconded the motion. Motion carried unanimously. MARK WALLACE, qtCRETARY MINUTES BY: Elaine Beatty, Recording Secretary EB PC= P.C. Mayor/Council/Perrault Olson EDA Licht Radzwill Koshak