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HomeMy Public PortalAbout09-11-1996PLANNING COMMISSION MEETING - SEPTEMBER 11, 1996 PRESENT: ANNE HEIDEMAN, SUSIE MACKAY, PENNY ELSENPETER, CHRIS CROSBY, FRANK MIGNONE, DECKER VELIE AND BRUCE WORKMAN. ALSO PRESENT, PLANNING AND ZONING ADMINISTRATOR LOREN KOHNEN AND PLANNING AND ZONING ASSISTANT SANDIE LARSON. ABSENT: CAROLYN SMITH AND BOB BRADLEY Chairperson Penny Elsenpeter called the meeting to order at 7:30 p.m. 1. MINUTES OF AUGUST 13, 1996 MOVED BY ANNE HEIDEMAN AND SECONDED BY CHRIS CROSBY TO APPROVE THE MINUTES AS PRESENTED. MOTION PASSED. 2. RITA JUBERT - 1182 HIGHWAY #55 - SUBDIVISION - PUBLIC HEARING - 7:31 P.M. Loren Kohnen read his memo to the planning commission and put up an overhead of the site. He mentioned the letters from Shawn Gustafson and Glenn Cook. Anne Heideman asked Loren to point out on the overhead where Tamarack was south of Highway 55. Frank Mignone asked what the impact would be if the county wants a frontage road. L. Kohnen said they are not talking a frontage road now, but additional right-of-way of 50'. Chris Crosby asked if there would be an impact on the acreage and Loren said no. A. Heideman asked where the septic site was and Loren pointed it out and said it was far enough away from the right-of-way. Decker Velie asked if the land was sold can the house be improved or added on to. L. Kohnen said it could be repaired or added on to only 50% of the present value. D. Velie asked if that also pertained to the buildings. L. Kohnen said just the house, that there were too many buildings. Bruce Workman asked why 10 acres was chosen to be split off. LuAnn Eisinger said that is what her Dad had wanted to do and also that is the way the soils worked out. 1 B. Workman said that the potential for development is great in the area. Rita Jubert said that they had tried for 6 acres but it didn't work. A. Heideman said that we have to go by the comprehensive plan and have a sense where Clydesdale Trail might go. L. Kohnen showed on the overhead where it might possibly go. Penny Elsenpeter asked LuAnn if she and her mom had read Shawn's letter and she said yes. L. Eisinger said when they first talked to the county they had said 30'. P. Elsenpeter said that as a practice the city has requested right-of-way from properties that we know will have road improvements . The planning commission recommends to the city council that these additional right-of-ways are taken and the council makes the decision to do so or not. R. Jubert asked why now when they are not working on the road. L. Kohnen said that it is taken before work is done. He said that the county is talking to the property owners in the area now. F. Mignone wanted to know if the property owners were compensated. L. Kohnen said not if the right-of-way is taken at the time of a plat. P. Elsenpeter stated again that the planning commission recommends and the council decides about the taking of right-of-ways at the time of a subdivision. L. Eisinger said that they would rather not dedicate land especially not 50'. R. Jubert said that with the 50' it would not be a 10 acre parcel. B. Workman said that if you were not subdividing the county would have to purchase the additional right-of-way. There was more discussion on obtaining additional right-of-way. L. Eisinger asked what the new Hennepin County facility was and she was told it was the public works facility for Hennepin County replacing the one in Hopkins. P. Elsenpeter said that Glenn's letter discusses the extension of Tamarack Drive and wanted to know if there was any right-of-way now for that. A. Heideman said that it had been on the books for quite some time. B. Workman said that he thinks it makes more sense for the city to deal with the subdivision and the applicants to deal with the county. 2 D. Velie said he agreed with Bruce, the county can negotiate with the property owners. B. Workman asked if there were any plans that the City had for Tamarack north of the highway. L. Kohnen said no, that there would probably not be any plans until the Wessin's developed their property. B. Workman said that the assumption should be made that 50' will go to Highway 55. The question is do we deal with it or let the county. He said the only way we should look at it is if there is an impact on the lot with 50' less property. A. Heideman said she is loathe to make a motion without mentioning the right-of-way. D. Velie said he is confused. It is not our property, it is theirs. L. Kohnen said that it has been the city's policy to take right-of-way for the state, county or city if a subdivision/development occurs. B. Workman said if he was the developer he would wait and not do it until after the county had paid for the right-of-way. A. Heideman said that the applicants could ask that the application be withdrawn. L. Kohnen said or wait until the council meeting and see how the councils feels. L. Eisinger said that sounds like a good idea. MOVED BY PENNY ELSENPETER AND SECONDED BY FRANK MIGNONE TO CLOSE THE PUBLIC HEARING. MOTION PASSED. B. Workman said that the planning commission should not be involved in taking land on an uncompensated basis. L. Kohnen put up the overhead of the possible alignment for the future extension of Clydesdale Road. Susie Mackay wanted to confirm that if the city takes the right-of-way there is no compensation, but if the county does there is. L. Kohnen said not for sure. B. Workman said he thought the county would have to pay fair market price. P. Elsenpeter said no one has a problem with people getting paid. 3 MOVED BY FRANK MIGNONE AND SECONDED BY BRUCE WORKMAN TO RECOMMEND APPROVAL OF THE DIVISION OF RITA JUBERTS PROPERTY INTO TWO LOTS AT 1182 HIGHWAY #55 WITH THE FOLLOWING CONDITIONS: 1. Drainage and utility easements per city engineer. 2. Acknowledge that the buildings on Parcel A are a legal non -conforming use and if any of the buildings, the house included, are destroyed or damaged beyond 50% of their value, they cannot be rebuilt. 3. Acknowledge that Parcel A has six (6) accessory buildings which exceed the number and size allowed by ordinance. 4. Recognize that approximately 50' of additional easement will be going to Highway 55 and will not affect this plat. The planning commission recommends that the recommended additional right-of-way for Highway 55 be dealt with by the county as they are doing with the other adjoining property owners. Since there is no immediate plans for Tamarack Drive to continue north of Highway 55, the planning commission does not recommend taking of an easement at t his time MOTION PASSED. 3. GLADYS SCHLOSSER/TEA GROUP - CONDITIONAL USE PERMIT FOR ANTENNA TOWER AT 4001 HIGHWAY 55, EAST OF COUNTY ROAD 19 - PUBLIC HEARING - 8:03 P.M. Loren Kohnen read his memo to the planning commission and put up an overhead of the site and the tower. He stated that this was a free standing, self supporting tower. Anne Heideman said that she did not see a letter from the other tower that was there, AT & T. Have you communicated with them? Charles Wendel, representing the TEA Group, said their antennas are federally protected airways. A. Heideman said she was looking for some communication from them saying they have no problem with another tower next to them. C. Wendel said he is sure that a competitor would gladly write a letter saying they have a problem if we built 5 miles away. L. Kohnen said there will be no problems with interference. C. Wendel said this is all very carefully controlled by the FCC. L. Kohnen said there will be no problem as long as you stay away from the 275' fall zone. Susie Mackay asked why we do not want lights on the tower. C. Wendel said most places don't want it. 4 L. Kohnen said it will have red lights, but not strobe lights. Bruce Workman asked how many towers were being build in the Twin Cities. C. Wendel said they are also doing some antennas on the Hamel water tower, but it is proprietary information on how many we are building. L. Kohnen said that the city had agreed that the use of the water tower would be handled under a license agreement and not a conditional use permit. MOVED BY ANNE HEIDEMAN AND SECONDED BY CHRIS CROSBY TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT AND A HEIGHT VARIANCE FOR A 165' TOWER AT 4001 HIGHWAY 55 FOR AMERICAN PORTABLE TELECOM (APT) WITH THE FOLLOWING CONDITIONS: 1. Tower per plans submitted. 2. Egress to be on the present driveway with no additional cuts to Highway #55 3. There shall be no strobe lights attached to the tower. 4. There shall be no guy wires installed on the tower. 5. The 48 foot by 48 foot base area must be entirely enclosed by an 8 foot high chain link fence. 6. American Portable Telecom shall execute a contract to make annual payments I in lieu of taxes to the City for public services provided by the City to the broadcast facility, such as police protection, fire protection and protective inspections. Said payments shall be equal to the amount of real estate taxes that would actually be received by the City in each year if the antenna structure itself were taxed as real estate under the laws of the State of Minnesota, using the initial cost of $ as the market value of the antenna structure. 7 No development shall be permitted in an area 165 feet in any direction from the tower. 8. The City does not recognize the 48 foot by 48 foot parcel, described above, leased to American Portable Telecom as a separate parcel. 9. The Applicants shall pay to the City a fee in the amount determined by the staff to represent the actual cost to the City of reviewing this conditional use permit application. 10. Any violation of the terms and conditions of this conditional use permit or of any related section of the City's ordinance code shall be grounds for revocation of this conditional use permit. It is recommended that a height variance be granted on the grounds that strict compliance with the ordinance would prohibit the building of a tower to a height tall enough to complete a coordinated network of directional antennas to provide continuous, uninterrupted voice service to the public. MOTION PASSED. 4. DAWN CRAWFORD/ROSS LEWIS - 4600 PINE STREET - REAR YARD SET- BACK VARIANCE FOR DECK - PUBLIC HEARING - 8:16 P.M. 5 Loren Kohnen read his memo to the planning commission and put up an overhead of the site. MOVED BY BRUCE WORKMAN AND SECONDED BY DECKER VELIE TO RECOMMEND APPROVAL OF AN 8.3' SET -BACK VARIANCE TO ALLOW A DECK NO DEEPER THAN 14' , THE HARDSHIPS BEING THE DEPTH OF THE EXISTING LOT AND THAT THE LOTS TO THE REAR ARE UNBUILDABLE. MOTION PASSED. MOVED BY CHRIS CROSBY AND SECONDED BY PENNY ELSENPETER TO ADJOURN. MOTION PASSED. Meeting adjourned at 8:30 p.m. Planning & Zoning Assistant Date 6