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HomeMy WebLinkAbout08/10/87HASTINGS PLANNING ~MMISSION August 10, 1987 The regular meeting of the Hastings Planning Commission was called to order at 7:30 p.m. Members Present: Commissioners Stevens, Dredge, Kaiser, Anderson, Voelker, Folch, Ditty and Conzemius Members Absent: Commissioner Simacek Staff Present: Planning Director Tom Harmening, and Planning Intern Steve Bjork A motion was made by Commissioner Kaiser, seconded by Commissioner MINUTES Voelker to approve the July 27, 1987 Planning Commission minutes subject to a change being made to page one by correcting the spelling of the name Keanon to Kehnen. Upon vote taken, Ayes, 8; Nayes, O. Acting Chairman Folch opened the Public Hearing for the Lyle Cater minor subdivision at 7:33 p.m. Planning Director Harmening indicated that Mr. C~ater was requesting a minor subdivision to allow the East 75 feet of Lot 7,Block 1 be subdivided into a separate parcel of land. Harmening indicated that the minor subdivision appears to meet the Citys Zoning Code. Harmening also stated that staff has recommended approval of the subdivision. Harmening then explained that restrictive covenants are in effect for this piece of property, but indicated that a city cannot enforce these covenants. PUBLIC HEARING-MINOR SUBDIVISION-LOT 7, BLOCK 1, COUNTRY ESTATES-LYLE CATER Input was than received from members of the audience. Larry McNamara, 1281 Southview - Mr. McNamara stated that he is the President of the Country Estates Inc. McNamara explained that Country Estates established an Architectural Control Board to maintain the restrictive covenants. McNamara indicated that the proposed subdivision is in violation of the covenants (No.8). McNamara stated that Covenant number 6 has not been broken as of yet. McNamara then commented to the commission that he and Country Estates formally oppose the project. LuAnn Stoffel - Mrs. Stoffel told the Commission that the covenants were part of the Plat. Richard Pike, 1211 West 15th - Mr. Pike stated that the covenants run with the land. Pike also indicated that he felt the residents of Country Estates were being taken advantage of by Mr. Cater. Dick Stoffel - Mr. Stoffel told the Commission that this issue will be taken to court if need be. Don Brown, 1221 W. 15th - Mr. Brown stated that he received the covenants from the City in 1970. Brown said that the residents have followed the covenants. Lvle Cater - Mr, Cater stated that he anticioated subdividing the lot when he originally purchased the property in 1980. Mr. Cater stated that the neighbors on either side of the proposed lot had no objections to him building. Mr. Cater pointed out that the covenant doesn't say that you can't subdivide a lot. Mr. Cater indicated that the original lot was the largest lot in Country Estates. Cater stated that the lot is to large to maintain. Mr. Cater claimed that many of the lots in Country Estates are smaller than the .75 acre minimum. Cater claimed that Country Estates Inc. is no longer in business according to the State of Minensota. He stated that the Corporation hasn't been in business since 1968. Larry McNamara - Mr. McNamara asked to clarify some of Mr. Caters comments. McNamara said that neighbors were in opposition to the subdivision. McNamara questioned Caters assessment of the lot sizes in Country Estates. McNamara feels that Country Estates Inc. is still in existence. Dick Pike - Mr. Pike also claimed that the neighbors opposed the subdivision. Pike stated that the covenants were originally established in 1963 and would run for 25 years. Don Brown - Mr. Brown stated that the lots smaller than .75 acres were not part of Country Estates. Dick Stoffel - Mr. Stoffel stated that the lots smaller than .75 acres were not a part of Country Estates. There being no further comments from the audience, Acting Chairman Folch closed the public hearing at 9:15 p.m. The Planning Commission then discussed the legal implications of this matter with respect to enforcement of covenants by the city. After discussion, a motion was made by Commissioner Stevens, seconded by Commissioner Ditty to table the matter until the City Attorney can provide a response of the legal implications for the city. Upon vote taken, Ayes, 8; Nayes, O. Acting Chairman Folch opened the public hearing for the Denn Minor Subdivision at 8:29 p.m. Harmening gave a brief over view of the project. There being no questions from the audience, the public hearing was closed at 8:31 p.m. After discussion a motion was made by Conzemius, seconded by Kaiser to approve the Jerry Denn minor subdivision. Upon vote taken, Ayes, 8; Nayes, O. PUBLIC HEARING-MINOR SUBDIVISION-JERRY DENN LOTS 1 & 2, 10 & 11 AND N. 11 FT. OF LOTS 3 & 12, BLK 7, N:)DN. ~13 Acting Chairman Folch opened the public hearing at 8:32 p.m. Planning D~rec+or Narmen~ng gave a 6r~e~ over view o~ +he project. Harmening explained the situation about potential groundwater contamination. Harmening indicated that PCA and the County have approved the operation with certain conditions. Harmening also outlined potential overall conditions for approval. REOPEN PUBLIC HEARING- §P~I~L U~ P~t~IT- DAVIES EXCAVATING Don Cysiewski - Davies Construction - Cysiewski questioned the condition regarding the monitoring process. There being no further comments from the audience, Acting Chairman Folch closed the public hearing at 8:40 p.m. Commissioner Kaiser questioned if the wash water was running into the river. Harmening stated it was directly running into any river. After discussion, a motion was made by Stevens, seconded by Conzemius to approve the Special Use Permit and Soil Processing Permit with the following stipulations: The site is to be restored, upon completion of the mining operation, pursuant to the plans and restoration proposal provided to the city during the original application. Operating hours are not to be in excess of 7:00 a.m. - 5:00 p.m. Monday-Friday except holidays, in cases of emergency Davies may operate the pit during hours other than those noted upon approval of the City Administrator. 3. Davies Excavating, Inc. shall refrain from using 1~est loth St. between Trunk Highway 61 and Trunk Hwy 55 for hauling purposes. Minimum lowest floor elevation for the proposed future homes shall be at least elevation 694. By approving this Special Use Permit the city has in no way approved the proposed future subdivision of the property. The proposed contour of the pit illustrates that the pit will expand into Ravenna Township. Davies Excavating Inc. should receive approval from Ravenna Township for conducting mining operations within the Township. 6. Davies Excavating, Inc. shall comply with the following conditions specified by the Minnesota Pollution Control Agency: a. pumping rates from the pond shall not exceed 1500 gallons per minute. b. all water removed from the pond and used as gravel wash water shall be returned to the pond. c. Davies Excavating, Inc. shall submit a monitoring plan for their pond for MPCA staff approval if the City of Hastings Well Monitoring Program shows an increase of contaminates above drinking water guidelines. Upon vote taken, Ayes, 81Nayes, O. Acting Chairman Folch opened the public hearing at 8:45 p.m. Planning Director Harmening gave a brief description of the Planning Fee study. Harmening indicated that the proposed fees were based on the actual costs incurred by the city and a comparison of neighboring communities fees. PUBLIC HE~RING-PLANI~ING AND ZONING FEES Cory Gustafson - Hastings Construction : Mrs. Gustafson asked when the rates were last changed. Harmening wasn't positive but thought they haven't been changed since at least the early 80's. There being no further comments from the audience, Acting Chairman Folch closed the public hearing at 8:50 p.m. After discussion a motion was made by Stevens, seconded by Conzemius to approve the proposed planning fees. Upon vote taken,Ayes, 8; Nayes, O. Planning Director Harmening indicated that Hastings Construction was requesting final plat approval for Dakota View 2nd Addition. Harmening summarized the project and stated that staff recommended approval subject to certain restrictions. FINAL PLAT-DAKOTA VI B~ 2ND ADDITION -HASTINGS CONSTRUCTION A motion was made by Anderson, seconded by Ditty to approve the final plat for Dakota View 2nd Addition subject to the following recommendations: Ae Preparation of a final grading plan which is consistent with the original grading plan particularly with respect to the berm along 15th Street. B. Payment of $900 for interceptor sewer charges and $125.00 for the fee for reviewing the final plat. That the structures shall maintain a separation of at least 20 feet from each other and shall be setback a minimum of 25 feet from the boulevard property line and 35 feet from the outer boundaries of the plat. Furthermore, the developer shall take steps to insure that the common walls of the structures are located directly over the common lot lines as delineated on the plat. This would include having a surveyor monument the corners for each lot as well as complete the construction staking. That an amendment be made to the original develol~ent agreement to take into consideration the changes proposed and the conditions for approval. Upon vote taken, Ayes, 8; Nayes, O. subdivision rQ~quest did not meet the setback requirements. Harmening stated that a new survey has been submit?ed that appears to meet the setbacR requirements. After discusion a motion was made by Commissioner Dredge, seconded by Kaiser to approve the minor subdivision subject to the applicant providing legal descriptions for both of the affected lots. Upon vote taken, Ayes, 8; Nayes, O. Cammission Kaiser gave a committee report concerning the Maurus Home Occupation. The committee recommended that Staff and City Attorney develop home occupation guidelines for persons with health or financial problems. Planning Director Harmening updated the Planning Commission on various topics and on recent actions taken by the City Council. There being no further business a motion was made by Cammissioner Conzemlus, seconded by Dredge to adjourn the meeting at 9:40 p.m. Upon vote taken, Ayes, 8; Nayes,O. WILLIA~,~ 1ST ADDITION- MIKE WILLIA~,~ COMMll-FEE REPORT- HOME OCCUPATIONS OTHER BUSINESS/UPDATE ADJOURNMENT