HomeMy Public PortalAbout09-11-2001PLANNING COMMISSION MINUTES - SEPTEMBER 11, 2001
PRESENT: LENNY LEUER, RON JOHNSON, DICK PICARD, TOM SUPEL, JERRY
BROST, SHARON JOHNSON, MARY VERBICK AND RANDY
BRINKMAN. ALSO PRESENT: PLANNING AND ZONING
ADMINISTRATOR AND PLANNING AND ZONING ASSISTANT SANDIE
LARSON.
ABSENT; ELIZABETH WEIR
Chairperson Lenny Leuer called the meeting to order at 7:05 p.m.
Lenny recognized new member, Ron Johnson, stating that he had received a letter of
resignation from Susie Mackay. Sandie will write a thank you letter to Susie for her 8
years of service on the Planning Commission. Ron told the commission a little about
himself and was welcomed by all.
1. DANIEL BENNIS/BENNIS INVESTMENT PROPERTIES - 2185-2165 HOLY
NAME DRIVE - VARIANCE TO SUBDIVISION ORDINANCE FOR SOILS AND
RE -PLAT - PUBLIC HEARING
Loren Kohnen gave a brief background - Mr. Bennis had previously asked for a variance
to a garage addition and the planning commission suggested a lot -line re -arrangement
with the adjoining property so a set -back variance would not be required. Loren then
read his memo to the planning commission, explaining the 150' of shoreline that is
required. He also explained that the three lots being combined and then re --platted
consisted of Mr. Bennis's lot, the lot to the south and the outlot to the south. He put up
an overhead of the area.
Sharon Johnson wanted outlot' explained.
L. Kohnen said an outlot is a stand alone lot that cannot be built on until it is replatted.
Dan Bennis said he would really like to do this and wanted to build his garage. He said
this benefits both properties and there is plenty of room for a house on the new lot.
Lenny Leuer asked Loren how many of the residents had hooked up to the sewer and if
there was a time limit.
L. Kohnen said not all of them had hooked up yet and was not sure if there was a time
limit.
L. Leuer said one of the stipulations should be that Mr. Bennis hook up to the sewer.
Mary Verbick asked if he is hooked up to the sewer, if the variance is still required and
she was told yes, because the property is still zoned RR.
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September 11, 2001
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L. Leuer said that the sewer line was not there when the comprehensive plan was done,
so the zoning stayed RR.
M. Verbick asked what happens to the variance if the area is rezoned in the future.
L. Leuer said with a zoning change the variance would be null and void.
L. Kohnen said tonight first the variance has to be voted on and then the plat.
Tom Supel said when he first read this and if the sewer line was there it was silly to be
worrying about soils. That requirement is there for restricting the size of rural lots and to
make sure there is adequate space for a septic system. He said he has argued for a
long time that we stick with the ordinance, so he looked at the check list that the
planning commission had discussed plus the ordinance (825.45, subd. 1) that deals with
the six criteria for variances and how this relates to the Bennis request. ( findings
attached). He said his conclusion is that all 6 criteria and the ordinance is satisfied and
he would support the variance.
MOVED BY TOM SUPEL AND SECONDED BY MARY VERBICK TO RECOMMEND
APPROVAL OF THE 5 ACRE VARIANCE TO THE SUBDIVISION ORDINANCE FOR
SOILS BASED ON THE FINDINGS OF FACT RELATIVE TO ORDINANCE 825.45,
SUB. 1
MOTION PASSED
MOVED BY TOM SUPEL AND SECONDED BY RANDY BRINKMAN TO
RECOMMEND APPROVAL OF THE PRELIMINARY PLAT FOR DAN BENNIS WITH
THE FOLLOWING CONDITIONS:
1 When a new home is built on Lot 2, it must be built within required setbacks
2. It is acknowledged that the existing shed on Lot 1 is non -conforming because of
setbacks
3. It is acknowledged that the existing garage on Lot 2 is non -conforming because of
setbacks
4. The existing house on Lot 1 be connected to sanitary sewer within a time limit
suggested by the city council.
MOTION PASSED.
2 MINUTES OF JULY 10, 2001
The following corrections were made:
Page 1 - 1st paragraph, last sentence, change commotion to commission;
Page 2 - middle of page, delete `a'; last paragraph, change the a' to of a ;
Page 4 - change sentence in the middle of Dan Bennis's statement to read: She has an
electric car to get around the yard and this is stored in the garage, so with the van, his
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September 11, 2001
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wife's car, the electric car, the lawn mower and some stuff in the driveway, there is a lot
of things that he would like to get inside.
Page 8 - Mike Gair - last sentence, change `except for may for' to except maybe for;
next paragraph, change spelling of `luxery' to luxury; change 250002700 to 2500-2700;
and add range at the end of the sentence; last paragraph change ` 67 years an all' to 67
years and all
Page 10 - 2/3 of way down in M. Gair, delete the second `is'
Page 13 - change `p.m.' to a.m.
MOVED BY SHARON JOHNSON AND SECONDED BY TOM SUPEL TO APPROVE
THE MINUTES AS CORRECTED.
MOTION PASSED.
MINUTES OF AUGUST 14, 2001
The following corrections were made:
Page 1 - Change spelling of `caste' to cast
Page 2 - 2/3 of way down in Mary Verbick comment change `complaint' to compliant;
Page 3 - delete double comma in 7th paragraph
Page 10 - Dave Nash comment, adds to other; next paragraph, add c to et; next
paragraph, add It will be tough - - -
Page 11 - D. Nash comment, 2nd sentence, change `that' to than
Page 12 - top of page change last part of motion to read; into 68 lots for 68 townhomes
(34 buildings) - - -; condition #2 correct spelling to portion of, condition #11, period after
right -of way and delete rest.
MOVED BY MARY VERBICK AND SECONDED BY SHARON JOHNSON TO
APPROVE THE MINUTES AS CORRECTED.
MOTION PASSED.
Sharon Johnson asked that discussion of the training manual be on the October
agenda.
MOVED BY JERRY BROST AND SECONDED BY DICK PICARD TO ADJOURN.
MOTION PASSED.
Meeting adjourned at 7:48 p.m.
Planning and Zoning Assistant Date
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September 11, 2001
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