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05-18-94 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 18, 1994 AT 8PM REGULAR PLANNING COMMISSION MEETING 1 CHAIR SWENSON WILL CALL THE MEETING TO ORDER: Chair Swenson called the meeting to order at 8PM ROLL CALL: ING ROSKAFT BRUCE RASK CARL SWENSON RON BLACK/CR ARLEEN NAGEL MARK WALLACE GENE GOENNER DENNIS MCALPINE JIM KOLLES (ABSENT) Staff present was: BOB KIR:MIS ELAINE BEATTY Council Member LARRY FOURNIER was present. 2 CONSIDERATION OF THE PLANNING COMMISSION MINUTES OF 514/94: ING ROSKAFT MOTIONED TO APPROVE THE MINUTES WITH THE RECOMMENDED CHANGE. BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. RON BLACK SAID ON ITEM #3: City of Otsego was the petitioner 3. DISCUSSION OF PRF -SCHOOLS IN AN INS ZONED DISTRICT BEING CUP AND TO ALLOW__ PARKS_ ASA PERMITTED_ USE IN AN INS DISTRICT._ SET HEARING DATE: Bob Kirmis commented the amendment regarding the Public Parks is straight forward. We are changing it from a CUP to a permitted use. He explained it is permitting pre-schools from a Permitted Use in an INS District to a Conditional Use Permit. Bob Kirmis explained further. Bob Kirmis read the information from NRC's Report of April 7, 1994 and explained. He talked about loading space. Items I - 7 were read from NAC's Report. Chair Swenson asked if there were any questions. There were none. Bob discussed the loading space and was not sure of the language, but make it clear we need a specific loading space that would not be used for a drop-off. It would be a CUP so the City would have more chance to look at it in detail. More discussion was had on the wordage of this loading space issue. Kirmis said he doesn't think of a CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 18, 1994 AT 8PM - PAGE 2 - loading space as a drop- off. Possibly it could be called drop off lane said Mark Wallace. Ing Roskaft said can we call it unloading or passenger loading? Mark Wallace wording was adopted. Ron Black said it sounded great. MARK WALLACE MOTIONED TO SET THE HEARING DATE FOR JUNE 15, 1994 AT 8PM. ARLEEN NAGEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 CONTINUANCE OF THE HEARING ON THE HISTORICAL ORDINANCE. (NOTE: MAY HAVE TO CONTINUE TO JUNE 1, 1994 AT 8PM1: ING ROSKAFT MOTIONED TO CONTINUE THIS HEARING UNTIL JUNE 15, 1994. DENNIS MC ALPINE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 5. HEARING FOR DONALD AND PHYLLIS GRENINGER OF 9455 LA BEAUX AVENUE NE PID #118-800-142402, REQUEST FOR A TRANSFER OF PROPERTY RIGHTS FROM ONE 40 TO ANOTHER FOR THE PURPOSE OF A I PER 40 ACRES BDIVISION OF THE PROPERTY. THE TRANSFER WILL BE FROM #118-800-142402 A DEED RESTRICTION WILL BE PLACED ON 40 ACRES OF THIS PROPERTY: Carl Swenson explained the Hearing and Elaine Beatty noted that the proper publications have been completed. Bob Kirmis explained the Staff Report of May 9, 1994. This is a transfer of Development rights. Part of a 200 acre farm approximately. They wish to transfer to a 90 acre tract directly to the South. Exhibit B was noted. This would enable the applicants to construct a new building. Bob noted that a variance was granted to the Greningers in 1989. The Wright Co. Toning Ord. allowed 1 per 40 transfers providing that the transfers occurred in pure 1/4 1/4 sections. There are no pure 40'S in his farm. He was granted a variance under the conditions that no more variances be allowed unless the property is rezoned. Bob Kirmis talked about the City's not requiring a pure 40. Mr Greninger is afforded developability because of the shape of his land. Bob Kirmis read the conditions of the report. (1 - 7) They have not received any comments from the Engineer or the Attv. on this. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 18, 1994 AT8PM- PAGE 3 - Chair Swenson opened the hearing to the public. DON GRENINGER said a restriction was thrown on the 96 acres because they built a house and never got a permit. No one else wished to be heard. The Hearing was Closed and brought back to the Planning Commission. Ing Roskaft said Mr Greninger has more than 200 acres of land. There are no actual 40's section -wise. This will allow him to make another request for a transfer of 40 acres, or are we saying no more transfer of property rights? 40 acres of this will be tied up. Don Greninger said it is the 40 to the North. Don Greninger said there has to be a little leway in zoning and planning that was established 100 years ago. Ing Roskaft said he is trying to make sure he has leeway for other transfers. Don Greninger said two transfers had been made. Ing Roskaft said he is transferring to a 96 Acre lot. Elaine Beatty said that already has a deed restriction on it. Dennis McAlpine asked about us doing something like this recently. Elaine Beatty said yes we had done other transfer of property rights. Gene Goenner - asked about why this was a CUP. Elaine Beatty said it is a transfer of property rights and the Ordinance is set up as a CUP for transfer of property rights, one per 40 Acres. GENE GOENNER MOTIONED TO APPROVE THIS CUP TO HAVE THE RIGHTS TRANSFERRED FROM ONE 40 TO ANOTHER. LNG ROSKAFT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Bruce Rask was concerned about the property and Mr Greninger not being allowed his transfers in the future. 6. ANY OTHER PLANNING COMMISSION BUSINESS: A report from Ron Black that the Council did accept the P.C. Recommendation on the 3RD Industrial Site and the Dauphinais :Mining request. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MAY 18, 1994 AT SPM - PAGE 4 - 7 ADJOURN• ING ROSKAFT MOTIONED AND BRUCE RASK SECONDED THE MOTION TO ADJOURN. MOTION CARRIED UNANIMOUSLY. GENE GOENNER, SECRETARY MINUTES BY ELAINE BEATTY, DEPUTY CLERK/ZONING ADM. EB