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03-01-95 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MARCH 1, 1995 8 P OTSEGO CITY HALL 1 Chair Swenson will call the meeting to order, Chair called meeting to order at 8 PM ROLL CALL: Carl Swenson, Ing Roskaft, Bruce Rask, Mark Wallace, Jim Kolles, Eugene Goenner, Alternate Arleen Nagel, Larry Fournier, Council Rep. Site Inspection attendees: Carl Swenson, Ing Roskaft, Bruce Rask, Mark Wallace, Jim Kolles Eugene Goenner. Absent: Dennis McAlpine (called and notified the Chair) Professional Staff: Bob Kirmis, Assistant Planner, City Staff: Clerk/Zoning Administer Elaine Beatty, Deputy Clerk Judy Hudson Council Members present Mayor Norman F. Freske. onsideration of Minutes of 2-15-95. Ing Roskaft motioned to approve minutes. Seconded by Mark Wallace. All in favor. Motioned carried. Chair wants minutes to reflect that Bruce Rask's absence last time was excused. for; Bob Kirmis went over his report of February 1, 1995. This is a 4.1 acre parcel of land and it is the intent of the applicant to convey portions of the back parcel to abutting parcels of Island View Estates. At the time of platting, Wild & Scenic Zoning was not in place and 1 acre lots were allowed. To accommodate this parcel it must be rezoned from Ag -1 to R-1, a variance to allow a lot less than 2.5 acres and a variance to allow a lot width less than 200 feet in an R-1. Chair Swenson opened the Hearing to the Public. No one was present. Public Hearing was closed. Chair Swenson asked for discussion from the Planning Commission Members. 1 RP7.oning from AG-1AG-1 General Ag to R-1 Res (Long Range Urban Service) Chair Swenson asked for discussion from the Planning Commission Members. As a result of their discussion, their concerns were: * Taking the back 2 acre portion of property and splitting it up to abutting properties. Concerned that property owners wouldn't be aware that there would be an increase in property tax. Also what happens if not all property owners take on this additional land. Before subdivision, commission would like to see formal agreements and surveys. Planning Commission Minutes of March 1, 1995, cont'd. Page 2 * Drainage problems. Concerned that abutting property owners are aware that they might possibly be assessed for a drainage project because of acquiring this land. Commission would want to make sure that the developer takes care of the drainage portion. *Time frame applicant will follow up for request for subdivision. Bob Kirmis stated that these approvals are based upon the condition of approval of plat no later than June 1, 1995. Mr. Kirmis said the drainage issues would be addressed through the Developer's Agreement. Elaine Beatty said the developer has been requested to get formal acknowledgments from abutting land owners. Ing Roskaf motioned to rezoned parcel #118-800-142100 from AG -1 to R-1 Residential. Seconded by Mark Wallace. All in favor. Motioned carried. Discussion: Mark Wallace asked that now since the Wild & Scenic Ordinance has been approved if consideration should be given to rezoning all of the old R1. Carl Swenson questioned doing this because it would be so detailed and involved. Island View is partly R3 and R1 and wouldn't affect this parcel. Planning Commission Discussion: * Hardship - The Planning Commission questioned if this variance is a legal hardship. This parcel is a recorded lot of record and applicant could build a house on it. The commission members feel that the applicant by splitting off this property is creating the hardship himself and concerned that this circumvents the approval. If the applicant sells a portion of the lot to the abutting property owners, there would be a financial gain and hardship .is not to be based solely on economics. The commission was concerned they were setting a precedent if variance is approved. Bob Kirmis said that if variance is approved, you are decreasing the nonconformity of existing lots. He said we are basically correcting an error by the County, they excluded this property and we are trying to correct it. This can be considered as a unique situation and does not establish a precedent. Planning Commission Minutes of March 1, 1995, cont'd. Page 3. Mark Wallace motioned to grant the variance to allow a lot less than 2.5 acres in an area zoned R1 and on granting of the variance it is in keeping with the spirit of Otsego's Zoning Ordinances and that the City Council approves the R1 Zoning and that the Application for Subdivision is received no later than June 1, 1995, and that the City Council approves the subject property as stipulated in the report. Second by Ing Roskaft. All in favor. Motion carried. Elaine Beatty stated that this item will be on the City Council Agenda of March 13, 1995. Gene Goenner motioned to allow a variance for a lot with less than 200 feet Frontage in an R1 Zoning District and on the granting of the variance that it will keep in the spirit and intent of the Otsego Zoning Ordinance. Seconded by Bruce Rask. All in favor. Motion carried. Hearing* (Continued from 2-15-95) Maty Kos nire Owner requests consideration of a Preliminary Plat for MRD Commercial Park - Outlot A Property located on CO Rd #42/Co Rd #39/ and State Hwy #101 in Section 22. Twp 121 Rance 13_ Elaine Beatty said we have received a letter from Wally Kluse written on behalf of Mary Dare. They requested that the Hearing be continued to March 15, 1995. There will also be a meeting with them and staff. Ing Roskaft motioned to continued hearing until March 15, 1995. Seconded by Gene Goenner. All in favor. Motion carried. 3- Any other Planning Commission Business. Carl Swenson asked if the Industrial Site Sub -committee has any information. Mark Wallace replied that they are meeting March 2, 7PM. CM Fournier referred to the memo regarding the Planning Conference being held here at Otsego City Hall. He stressed that there will be very good information and encourage everyone's attendance. Mark Wallace brought up the rezoning of former R1, and should this be looked at since we have been asked to look into more of the zoning and planning. Carl Swenson suggested to put this item on an agenda in the near future and he will discuss this with staff. Gene Goenner inquired about the annexation and the Wild & Scenic Ordinance. Elaine Beatty said the Wild & Scenic is in place, you should have received your updates. CM Fournier said the City is still waiting to hear from the Municipal Board. Planning Commission Minutes of March 1, 1995, cont'd. Page 4. 4" Adjourn Ing Roskaft motioned to adjourn. Bruce Rask seconded. All in favor. Motion carried. Adjourned at 9 PM Dennis McAlpine, Secretary Minutes by Judy Hudson, Recording Secretary