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08-20-97 PCCITY OF TSEGO 8899 Nashua Avenue N.E. ON THE GREAT RIVER ROAD (612) 441-4414 Elk River, MN 55330 Fax: (612) 441-8823 August 19, 1997 Mr Richard Larson, President Mississippi Riverwood Associates, Inc. 8660 Highway 9 10 1 Elk River, Minnesota 55330 RE: AMENDMENT TO CUP - NOTICE OF 60 DAY TIME PERIOD FOR CONSIDERATION PURSUANT TO NUNN. STAT. 15.99 Dear Mr Larson: This letter is to inform you that the City of Otsego is hereby extending the time for consideration of the Conditional Use Permit Amendment which you applied for, and additional 60 days due to the attached request for continuance by the applicant. It appears that a meeting between the applicant and staff and further investigation will be necessary. The letter attached from William C. Pribble, Jr. Attorney for Mississippi Riverwood Association requests that the Otsego Planning Commission continue the hearing of August 20, 1997 at 8PM to September 17, 1997. If the Otsego Planning Commission grants the extension, the period for consideration will run beyond the initial 60 day period set forth in the statute. Sincerely, CITY OF OTSEGO Elaine Beatty, City Clerk/Zoning Administrator eb CC: City of Otsego Mayor and Council William C. Pribble Jr., Attorney Robert Kirmis, Asst. City Planner Andrew MacArthur, City Attorney Kevin Kielb, City Engineer City of Otsego Planning Commission File PK)'ESSIONAL ASSOCS. TEL No.612-593-1721 Aug 19 97 16:01 No.002 P.01 William C. Pnbble, Jr. Attorney At ie. August 19, 1997 I BY PAZ 441-8823 Carl Swenson, Chairman City of Otsego Planning Commission c/o Elaine Beatty Otsego Zoning Administrator 8899 Nashua Avenue Elk River, MN 55330 RE: Application for Amendment to Conditional Use Permit Mississippi Riverwood Associates Dear Mr. Swenson: The applicant requests a continuance of the hearing regarding the Amended Conditional Use Permit. It is presently scheduled for Wednesday, August 20th. The applicant and the staff have not had ample opportunity to harmoniously resolve the issues of rules applicable to the CUP. We would appreciate if the Commission would continue the hearing on this matter until September 184, 1997. Sincerely, William Pribb , Jr. cc: Andrew J. Mac Arthur WCP:at InL=fi ngp Towex 0 600 South ti{ghvey 169. Mo 670 • Mkx=po4 MN %426 . Ofkc (622) 593-0041. &&- (612) 593.1721 CITY OF OTSEGO COUNTY OF WRIGHT NOTICE OF PUBLIC HEARING: The Otsego Planning Commission will conduct a Public Hearing on Wednesday, August 6, 1997 at 8:OOPM at the Otsego City Hall at 8899 Nashua Avenue NE, Otsego, MN, or as soon thereafter as time permits. The matter has been initiated by Dick Larson, President of Mississippi Riverwood Association, Incorporated, 8660 Highway 101, Elk River, Minnesota, 55330. Legal description of the property is The North 3/4ths of Goy~t. Lot 3 and Gov't. Lot 2, lying easterly of Trunk Hwy No. 101, in Section 23, Township 121, Range 23 PID 4118-500-233100 and 118-500-232301, County of Wright, City of Otsego, State of Minnesota. Request is as follows: A. An amendment to the existing Conditional Use Permit to clarify the conditions All interested parties are invited to attend the Hearings to express their questions and concerns/comments. If you would like further information regarding the above described Hearings, please call the City of Otsego at 441-4414 in advance of the meeting. CITY OF OTSEGO- Elaine Beatty, Clerk/Zo g Adm. Dated: 7/7/97 Publish: July 16, 1997 - ELK RIVER STAR NEWS Posted: 7/8/97 Otsego City Hall 2 -Boards Hearing: August 6, 1997 - 8PM - P.C. August 25, 1997 - 6:30PM CC —� PUC1-13-19'37 10: 32 NAC - 612 595 9937 P.01i10 N I OWN r NORTHWEST ASSOCIATED CONSULTANTS !NC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH PLANNING REPORT Ire] FROM: DATE: RE: FILE NO: EXECUTIVE SUMMARY Background Otsego Mayor and City Council Otsego Planning Commission Bob Kirmis / David Licht 13 August 1997 Otsego - Buirge CUP 176.02 - 97.14 Tony and Leah Buirge have requested a conditional use permit to allow the establishment of a residential lot size greater than 2.5 acres in size within an A-1, Agricultural Rural Service District. Specifically, the Buirges wish to create a 10.0 acre residential parcel of land located north of 65th Street, between Highway 101 and River Road. According to applicable A-1 Zoning District provisions, residential lot sizes larger than 2.5 acres which are part of a one per quarter -quarter split may only be allowed via conditional use permit. Attached for reference: Exhibit A - Site Location Exhibit B - Detailed Site Location Exhibit C - Site Plan Exhibit D - Topographic Survey Exhibit E - Soil Survey 5775 WAYZATA E50ULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6 PHONE 6 1 2-595-9636 FAX b 1 2-595.9837 AUG -13-1997 10:33 FIAC 612 595 9837 P.03/10 10. All applicable A-1 District setbacks are satisfactorily met. 11. Comments of other City staff. ISSUES ANALYSIS CUP Review Criteria, Section 4.2.F of the City's Zoning Ordinance establishes a specific set of review criteria to be used in consideration of conditional use permit requests. The Ordinance specifically states that the Planning Commission and City Council must consider possible adverse effects of the proposed conditional use. Their judgement shall be based upon, but not limited to, the following factors_ 1. The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. 2_ The proposed use's compatibility with present and future land uses of the area. 3, The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). 4. The proposed use's effect upon the area in which it is proposed. 5. The proposed use's impact upon property values of the area in which it is proposed. 6. Traffic gsneration by the proposed use in relation to capabilities of streets serving the property. 7. The proposed use's impact upon existing public services and facilities including parks, schools, streets, and utilities and its potential to overburden the City's service capacity. Justification. The applicants wish to create a residential lot 10 acres in size within an A-1 Zoning District_ According to Section 20-51-5.G.2 of the City Zoning Ordinance, residential lot sizes larger than 2.5 acres may be allowed within the A-1 Zoning District via conditional use permit. Such lot must not, however, exceed 10 acres in size and must be a result of one of the following: 1. Existing buildings occupying an area larger than the lot size minimum; or 2. The land involved in the subdivision is non -tillable and marginal for use in agricultural production. 3 PUG -13-1997 10: 35 HPC 6121 595 933^ P. 05/10 Sewer and Water Systems. The submitted site plan illustrates specific sewage treatment locations. Additionally, however, the site plan should be modified to illustrate the proposed well location. As a further condition of CUP approval, the City Engineer and/or Building Official must make a determination that the proposed development site is capable of sustaining a private well and septic system. Setbacks. It is anticipated that proposed building setbacks will change as a result of the recommended lot size reduction. As a condition of CUP approval, the proposed residence must meet all applicable A-1 principal building setbacks as identified below: Front Yard 35 feet Side Yard 30 feet Rear Yard 50 feet Easements. As required by the City Subdivision Ordinance, 10 foot wide utility and drainage easements must be provided along all lot lines. In addition, a drainage easement should be placed over the site's wetland. The City Engineer should provide recommendation in regard to any further easement establishment including easement over the site's wetland. All site easements shall be subject to City Engineer approval. Park Dedication. As a condition of subdivision approval, the newly created lot should be subject to park dedication requirements as determined by the Park and Recreation Committee. CONCLUSIOIN The proposed 10 acre residential lot does not satisfy applicable Ordinance evaluation critaria as the majority of land involved is, according to the Wright County Soils Survey, considered tillable. Provided the "upland" area of the fat (excessive of wetlands) is reduced to 2.5 acres, our office would recommend approval of the requested conditional use permit suniect to the conditions listed in the Executive Summary of this report. PC: Elaine Beatty Kevin Kielb Andy MacArthur Tony and Leah Buirge 5 AUG -13-1997 10:36 NAC 612 595 9337 P.07i10 EXHIBIT B - DETAILED SITE LOCATION AUG -13-i913 10:37 NAC 513 595 83'' P. 09/10 EXHIBIT D - TOPOGRAPHIC SURVE LO _5 0. .Sc t?.�i. -Are A s P.n oicd 0rNt WA� S}ree4 A EXHIBIT C • SITE PIAN YJ 0