Loading...
HomeMy WebLinkAbout2013-06-04 P & Z Packet PLANNING AND ZONING COMMISSION =: teryille MEETING AGENDA TUESDAY, JUNE 4 1 2013 6:30 p.m. I. CALL TO ORDER IF YOU ARE UNABLE TO 1. Roll Call MAKE THIS MEETING, II. APPEARANCES /PRESENTATION(S) PLEASE LET US KNOW AS SOON AS POSSIBLE. THANK III. PUBLIC HEARING (S) YOU! 1. Variance Request, Home Detail, Inc., Mr. Jeffery Magdik, 7261 Main Street — Front -Yard Setback Less than Required 2. Conditional Use Permit Request, King Core & Metals, Mr. John Haluptzok/Building Owner, Mr. Craig Kozar, 7095 — 21" Avenue South — Operate a Core & Scrap Dealer /Recycling Facility Entirely Within Building Amendment to City Code, Chapter 156, Table 156 -A.1 — Inclusion of Recycling & Waste Processing (Entirely Within a Building) IV. OLD BUSINESS V. NEW BUSINESS 1. Adopt Findings & Recommendation — 7261 Main Street 2. Adopt Findings & Recommendation — 7095 — 21" Avenue South 3. Lot Split, 7387 Old Mill Road — 50' to 7383 Old Mill Road & 50' to 7389 Old Mill Road, Mr. & Mrs. Robert Chiodin & Mr. & Mrs. Al Jaques 4. Lot Split, 7230 LaValle Drive — To Align Property Line w /Row of Trees (Portion of 7230 LaValle Drive going to 7242 LaValle Drive as Described in Survey Dated November 27, 2007 VI. DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES 1. May 7, 2013 Planning & Zoning Commission Meeting Minutes VIII. ADJOURNMENT *REMINDERS ** City Council Meeting - June 12, 2013, 6:30 p.m. Council Chambers City Council Meeting - June 26, 2013, 6:30 p.m. Council Chambers Parks & Recreation Committee Meeting - June 5, 2013, 6:30 p.m. Council Chambers Planning & Zoning Commission Meeting - July 2, 2013, 6:30 p.m. Council Chambers (Consider Rescheduling August 6, 2013 Meeting Due to Night to Unite) Garage Sale/Recycling & Clean Up Days- June 14 & 15, 2013 (Clean Up Day is the 15` at LaMotte Park from 8:00 a.m. - 4:00 p m., Shredding from 8:00 a m. - 12:00 (noon) 5 boves free, Mr Michaels Recycles Bicycles from 8 a.m - 4:00 p m. (See Web Site for More Details) 23' Annual Festival of the Lakes - July 26, 2013 - All -Star Softball Game, 6 -7:00 p.m., Kickball Tournament, 6 -9:00 p.m., "Live Music'. 6 p.m. - Midnight, Firevvorks, Dusk & Food & Beverages, 6 -11:30 p.m. July 27, 2013 - 8K & 5K Run. Walk, Hidden Spring, 8:00 a.m , Kids Free Fun Run (LaMotte Park), 9:00 a.m., Softball Tournament, 9 -8:00 p.m., Kickball Tournament, 9 -4:00 p.m., Parade, 11:00 a.m., Inflatable Kids Rides (LaMotte Park), 12:00 (noon) -8:00 p.m., Kelly's Komer Volleyball Tournament, 12:00 (noon) -Done, Free Yoga in the Park (Hidden Spring), 3:00 p.m., "Ware Road Band" (LaMotte Park Hockey Rink), 8- Midnight & Food & Beverages, 9-11:30 p.m July 28, 2013 - Softball Tournament, 9 -5:00 p.m , Raffle, 3:00 p.m., Food & Beverages, 9 -5 p.m. tewdle Esr4ffidicA 217 * City Review will cease if costs PETITION FOR VARIANCE exceed deposit and deposit is not replenished. Date: May 2, 2013 Fee: $250.00 + $300.00 Deposit* Zoning: Applicant: Home Detail, Inc by Jeffrey MaQdik Street Address: 2562 Tournament Players Cir. S Phone: City /State /Zip: Blaine MN 55449 Status of Applicant: Owner Lease Holder Other X Contract Buyer Legal Description of Property: _ Lot 14, Block 2, Buraue Addition No 1 7261 Main Street Description of Request: Setback variance Reason for Request: Irri lar sha a lot makes buildin im ossible Anoka Count ANuired hart of the property A variance is a use that is not generally permitted by the City's zoning ordinances but which is allowed in special cases only. A request for a variance from the City's zoning ordinances will be granted upon a showing of undue hardship by a property owner who is determined to have a unique situation. "Undue hardship" means that the property cannot be put to a reasonable use if the conditions of the zoning ordinances are followed, that the property owner's particular circumstances are unique and not self - created, and that granting a variance will not alter the essential character of the locality or neighborhood. Economic hardship alone will not constitute undue hardship if some reasonable use currently exists under the terms of the City's zoning ordinance. If the property owner purchased the property knowing that the City's zoning ordinances prohibited a use, the property owner's circumstances are self - created. Minnesota Statutes (MS 462.357, Subd. 6) and City Code 156, Section 156.310 requires that the following conditions must be satisfied for approval of this request. Please respond to these conditions using additional sheets of paper if necessary. 1. Because of the particular physical surroundings, shape or topographical conditions of the parcel or lot, the proposed variance would relieve an undue hardship, as distinguished from a mere inconvenience, should the applicable ordinance be strictly enforced. 2. The purpose of the proposed variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land, but would correct extraordinary circumstances applicable to this property but not applicable to other property in the vicinity or zoning district. 3. The alleged difficulty or hardship is caused by the City Ordinance and has not been created by any persons presently having an interest in the parcel of land. 4. The variance will not adversely affect public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood. 5. Variances will not be granted that allow a use that is otherwise not a permitted use in the zoning district that the subject property is loc Signature of Applic t: *By paying the above stat fegfisr;sdenia th o refunds will be issued in full, in part, or at any time, even though the outcome of Coun ' 'l of the r equest. APPLICANTS, PLEASE NOTE: All developers or property owners must submit the following information to the City of Centerville by the Tuesday that is 30 days PRIOR to the meeting of the Planning and Zoning Commission or the City Council meeting at which the request will be heard at a public hearing. I . Complete the application for the specific request and pay the fee. 2. Submit a complete survey and site plans (including measurements, dimensions), showing lot lines and building footprint, driveways, sidewalks, curb cuts, ingress, egress, etc. on the property and its relation to adjacent properties. 3. Explanation of materials that will be used and plans for screening, landscaping, fencing and dumpster enclosures. 4. Drawings of completed buildings, if appropriate to the project, and materials used. 5. Storm water retention and drainage plans. The Rice Creek Watershed District and/or other water management organizations may need to be notified of the project. 6. A letter explaining the reason for the variance request. The letter must also demonstrate the variance will not impact the surrounding properties nor impact the characteristic of the neighborhood in any manner. C: 7a ow al i � +ti � z • .� t � i' 77 i --_ i 00 CITY OF CENTERVILLE tpp� 0 ,6 e o -, / ` -',s �" c. L 1 BLOXIX tn = Z , ° ' DRAINAGE & UTILITY EASEMENT - PER ANOKA COUNTY HIGHWAY - -(' �/ �•S. 1 - RIGHT -O -WAY P NO 237.95 7 45- / S89 043'45"E NOTICE OF PUBLIC HEARING The City of Centerville Planning and Zoning Commission will hold a public hearing on Tuesday, June 4, 2013 at the Centerville City Hall, 1880 Main Street, Centerville, MN, in the Council Chambers beginning at 6:30 p.m. or shortly thereafter to consider a request for conditional use permit submitted by Mr. John Haluptzok to operate a core and scrap dealer /recycling facility at 7195 — 21"Avenue in the Industrial (I -1) District. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m., May 31, 2013. All persons interested are invited to attend and to be heard. You may contact the City Clerk's office at (651) 429 -3232 or by facsimile (651) 429 -8629 if you need additional information. If you desire, you may email: dlarsonga centervillemn.com or tbendergcentervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com Teresa Bender, City Clerk -CMC Published in the Quad Community Press on May 21, 2013 ivilfe W CITY OF CENTERVILLE CONDITIONAL USE PERMIT REQUEST NAME: John Haluptzok FEE: $250.00 + $500.00 Dej2osi t COMPANY: King Core & Metals PAID: ' f t � ADDRESS: 7093 - 21st Avenue N TELEPHONE NUMBER: 651-982-6318 STREET LOCATION OF PROPERTY: 7095 - 21st Avenue NorLA PROPERTY IDENTIFICATION NUMBER: 24- 31 -22 -23 -0011 LEGAL DESCRIPTION OF PROPERTY: LOT 7 BLK 1 INDUSTRIAL PARKJ PARK SUBJ TO EASE OF REC SIZE OF PARCEL(S): 200 312' CONDITIONAL USE PERMIT REQUEST: To operate a Recycling Center accepting aluminum cans, car rims & clean radiators, brass, copper and stainless steel. We also accept auto part cores, batteries & non - ferrous metals. All items are accepted inside the facility. No outside storage is needed. I have read the attached City Code, Section 156.030 pertaining to the B -1 Zoning District and the need to apply for a Conditional Use permit. I have also read the attached City Code, Section 156.320 pertaining to Conditional Uses also. Qtcol g the a understand that no refunds will be issuedll or in a an item, even if the s al. y 4i4gn , 5E� ya 6 5,7 Si na re of A pplicant *Ppe Owner Date ------------------------------ ------------- (Office Use Only Below This Line) PLANNING & ZONING ACTION: CITY COUNCIL ACTION: . J 1 1 ti all va "'� - -8-tr "oM 511 �4 3NI� 1S'�3 �� •• •.� F5" ti 16 Q�j a •� ; � � ter. ry \\ , � f `�~ , Ill• 4— REV LAJ 3M 4=3 f 7 - an to O � -..i 2i d� % i'� V / 4 f .�,,, • 1�< � ir+ Z � � � 4 � r -��CnQ Q r � k 1 • I :g� � o �� �,. �: � �° ', ,,vim, I +� \ � \. � � $ g � 7 • -- ' _ � 'tea._ ; + \\ __ - \ .P .J\C \CSC .00 �✓ ' � - _ �- ��� ! �� � ���� �. l _- - V � I • i �r r � `_ /• �€ . � cn `� ;� r -� .- �.q,.w ��i i w 'l a! � •\ � � ~�`� i � ©R �. `\K� g m I �� .. \ a� '��•, 8y €, ?`._ r _� �s�` :,' � i/ F i i i � _— i i . \�` n ; T� - • .�� I I �W a�� 3',: v • =jam' �/'� �\ _ ,_ \\ -- --- + - �i &��3 .-` i - - • \ \ ` ::, { 'i: \: t a �. S fl�.. ¢. grit t F Y i ! � 7 a ° a ■ = E s z ! a� r :•`��� E 1! [ �l��it�+lr� ,r tiaa�°r~ pR'A g R a >; e s 6[ d9s r !' !r i { • s i ! ! r [� { r i f tI � sr kv p �- oR 5a a! a< r _ { �1 ` I � a { i ¢ +d 1 11 PH l!l F lit am mill ez ° r 4 r r C cn teryiffe � E 445,' CITY OF CENTERVILLE APPLICATION FOR LOT SPLIT/LOT COMBINATION/REZONING /SITE PLAN REVIEW t)6 Any additional costs incurred for LOT SPLIT /LOT COMBINATION: f - FEE: Z + engineering, legal fees, publication or F ' other requirements REZONING: DATE PAID: SITE PLAN REVIEW: i l STREET LOCATION OF PROPERTY: � Z42 Z D Zia L�-1��a I IF '�) zw LEGAL DESCRIPTION OF PROPERTY: < .5ee SIZE OF PARCEL(S): PROPERTY OWNER: L4 Vtre,vr_ P&_+F.esnu PHONE #: S . 29 .0 FEE OWNER: vJ "\! ADDRESS: �v APPLICANT'S INTEREST IN PROPERTY: X FEE OWNER CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE DESCRIPTION OF REQUEST: i REASON FOR RF�QUEST: _PA � s u3 tj r By paying the above stated fee, I understand that no refunds will be issued in full or in part, .ay.�ny time, eve if the outcome is d vial. ' Sig7ture of Applicantgrtttue of Pr6perty caner Date To: The City of Centerville Re: Application for Lot Split — Statement regarding the Survey done by Kurth Surveying, Inc., dated November 27, 2007 Regarding the Proposed Split Survey, dated November 27, 2007, done by Kurth Surveying, Inc., there have been no changes to either the Peterson or LaValle properties. All buildings currently on the property are the same as depicted on the survey. There are no additional buildings on either property. I 21 e13 Dean LaValle, App icant Date 0 r 3 Kathryn LaV Ile, Applicant Date LaVerne Peterson, Property w er Dat6 - May 29, 2008 EXISTING LEGAL DESCRIPTION TRACT "C" - "LaVALLE PROPERTY" That part of Lot 9, REVISED AUDITOR'S SUBDIVISION NO. 46, Anoka County, Minnesota, described as follows: Commencing at the northeast comer of Lot 13, AUDITOR'S SUBDIVISION NO. 46; thence South 85 degrees West along northerly line of said Lot 13, a distance of 210 feet, thence South 63 degrees, 47 minutes West along said northerly line, a distance of 238 feet, thence South 26 degrees, 47 minutes West along said northerly line, a distance of 63.71 feet to the point of beginning of the land to be described, thence continuing South 26 degrees, 47 minutes West, a distance of 100 feet, thence deflecting to the right 121 degrees, 1 minute, 30 seconds a distance of 340.45, more or less, to its intersection with the following described line; beginning at a point on southerly right of way line of County State Aid Highway No. 14 (aka Centerville extension of Main Street), 553 feet west of the east line of said Lot 9 (as measured along said right of way line), thence southwesterly at an angle of 113 degrees, 49 minutes (as measured from east to south) to the southerly line of said Lot 9 and there terminating; thence northeasterly along above described line a distance of 147 feet to an intersection with a line bearing North 34 degrees 43 minutes West from the point of beginning, thence South 34 degrees 43 minutes East distance of 354.85 feet, more or less, to the point of beginning. EXISTING LEGAL DESCRIPTION Parcel "Cl" - "PROPERTY ACOUIItED FROM ST. PAUL WATER DEPT." That part of Lot 13, REVISED AUDITOR'S SUBDIVISION NO. 46, Anoka County, Minnesota, described as follows: Commencing at the most northeasterly comer of said Lot 13, said corner marked by an iron pipe monument in concrete and capped RLS 5332; thence South 84 degrees 50 minutes 00 seconds West along a northerly line of said Lot 13, assuming the east line of said Lot 13 and the east line of Government Lot 4, Section 15, Township 31, Range 22, bears North, a distance of 209.80 feet to a cast iron monument lettered "St. Paul Water Department; thence South 64 degrees 17 minutes 30 seconds West, along a northerly line of said Lot 13, a distance of 99.86 feet to a 1 inch iron pipe monument; thence South 64 degrees 18 minutes 00 seconds West along a northerly line of said Lot 13, a distance of 100.43 feet to a cast iron monument marked 'Judicial Landmark "; thence South 63 degrees 33 minutes 40 seconds West, along a northerly line of said Lot 13, a distance of 36.33 feet to a cast iron monument marked "Judicial Landmark "; thence South 26 degrees 34 minutes 40 seconds West, along a northwesterly line of said Lot 13, a distance of 63.60 feet to a cast iron monument marked "Judicial Landmark" and the point of beginning of the parcel being described; thence South 27 degrees 08 minutes 50 seconds West, along the northwesterly line of said Lot 13, a distance of 100.00 feet to a 1 inch iron pipe monument; thence South 48 degrees 13 minutes 20 seconds East, a distance of 72.00 feet, to an iron pipe monument capped 20270; thence continue South 48 degrees 13 minutes 20 seconds East, a distance of 27 feet, more or less to the Low Water Mark of Centerville Lake (for the purposes of this description the low water is assumed to be at elevation 883.27 feet, N.G.V.D. 1929); thence northeasterly along said Low Water Mark to the intersection of a line which bears South 45 degrees 24 minutes 20 seconds East from the point of beginning; thence North 45 degrees 24 minutes 20 seconds West, a distance of 33 feet, more or less, to an iron pipe monument capped 20270; thence continue North 45 degrees 24 minutes 20 seconds West, a distance of 123.00 feet, to the point of beginning. CADocuments and Settings\All Users\Documents \Word\Lavalle Peterson Combined 05- 29 -08.doc Page 1 of 4 Pages May 29, 2008 TOTAL COMBINED TRACT C - NEW DESCRIPTION FOR "LaVALLE PROPERTY" aNCLUDES " C " & "Cl" & 11 D2'# That part of Lot 9, REVISED AUDITOR'S SUBDIVISION NO. 46, Anoka County, Minnesota, described as follows: Commencing at the northeast comer of Lot 13, AUDITOR'S SUBDIVISION NO. 46; thence South 85 degrees West along northerly line of said Lot 13, a distance of 210 feet, thence South 63 degrees, 47 minutes West along said northerly line, a distance of 238 feet, thence South 26 degrees, 47 minutes West along said northerly line, a distance of 63.71 feet to the point of beginning of the land to be described, thence continuing South 26 degrees, 47 minutes West, a distance of 100 feet, thence deflecting to the right 121 degrees, 1 minute, 30 seconds a distance of 340.45, more or less, to its intersection with the following described line; beginning at a point on southerly right of way line of County State Aid Highway No. 14 (aka Centerville extension of Main Street), 553 feet west of the east line of said Lot 9 (as measured along said right of way line), thence southwesterly at an angle of 113 degrees, 49 minutes (as measured from east to south) to the southerly line of said Lot 9 and there terminating; thence northeasterly along above described line a distance of 147 feet to an intersection with a line bearing North 34 degrees 43 minutes West from the point of beginning, thence South 34 degrees 43 minutes East a distance of 354.85 feet, more or less, to the point of beginning. Together with: That part of Lot 13, REVISED AUDITOR'S SUBDIVISION NO. 46, Anoka County, Minnesota, described as follows: Commencing at the most northeasterly corner of said Lot 13, said comer marked by an iron pipe monument in concrete and capped RLS 5332; thence South 84 degrees 50 minutes 00 seconds West along a northerly line of said Lot 13, assuming the east line of said Lot 13 and the east line of Government Lot 4, Section 15, Township 31, Range 22, bears North, a distance of 209.80 feet to a cast iron monument lettered "St. Paul Water Department; thence South 64 degrees 17 minutes 30 seconds West, along a northerly line of said Lot 13, a distance of 99.86 feet to a 1 inch iron pipe monument; thence South 64 degrees 18 minutes 00 seconds West along a northerly line of said Lot 13, a distance of 100.43 feet to a cast iron monument marked "Judicial Landmark "; thence South 63 degrees 33 minutes 40 seconds West, along a northerly line of said Lot 13, a distance of 36.33 feet to a cast iron monument marked "Judicial Landmark "; thence South 26 degrees 34 minutes 40 seconds West, along a northwesterly line of said Lot 13, a distance of 63.60 feet to a cast iron monument marked "Judicial Landmark" and the point of beginning of the parcel being described; thence South 27 degrees 08 minutes 50 seconds West, along the northwesterly line of said Lot 13, a distance of 100.00 feet to a 1 inch iron pipe monument; thence South 48 degrees 13 minutes 20 seconds East, a distance of 72.00 feet, to an iron pipe monument capped 20270; thence continue South 48 degrees 13 minutes 20 seconds East, a distance of 27 feet, more or less to the Low Water Mark of Centerville Lake (for the purposes of this description the low water is assumed to be at elevation 883.27 feet, N.G. V.D. 1929); thence northeasterly along said Low Water Mark to the intersection of a line which bears South 45 degrees 24 minutes 20 seconds East from the point of beginning; thence North 45 degrees 24 minutes 20 seconds West, a distance of 33 feet, more or less, to an iron pipe monument capped 20270; thence continue North 45 degrees 24 minutes 20 seconds West, a distance of 123.00 feet, to the point of beginning. Also together with: All that part of Lot 9, REVISED AUDITOR'S SUBDIVISION NO. 46, Anoka County, Minnesota, described as follows: Commencing at the witness comer as set by the Anoka County Surveyor on March 25, 1964 on the East line of Section 15, Township 31, Range 22 and on the North shore of Centerville Lake; thence northerly along said east line, 191.82 feet to a point on the tangent line of a 6 degree 00 minute curve on County State Aid Highway No. 14; thence deflect 50 degrees 58 minutes northwesterly, 219.42 feet to the central angle of said 06 degree 00 minute curve; thence deflect 38 degrees 05 minutes westerly, 329.58 feet to the end of said 06 degree 00 minute curve; thence continuing westerly on course 1.15 feet; thence deflect 58 degrees 18 minutes southwesterly, 40.82 feet to a 1 inch iron monument marking the northwesterly line of the property of Francis W. & Elenore M. LaValle as described in Book 379 of Deeds, Page 359, Office of the Register of Deeds; thence continuing southwesterly on course along said northwesterly line of the LaValle property, 285.03 feet for the point of beginning; thence deflect 64 degrees 42 minutes southeasterly, 340.45 feet to an 1 inch iron pipe monument on the northerly line of Lot 13, AUDITOR'S SUBDIVISION NO. 46; thence deflect 58 degrees 58 minutes 30 seconds southwesterly along said line of Lot 13, 127.72 feet; thence deflect 99 degrees 40 minutes northwesterly, 321.22 feet to said northwesterly line of the LaValle property; thence deflect 86 degrees 03 minutes 30 seconds northeasterly along said northwesterly line of the LaValle property, 250.47 feet to point of beginning; Which lies northeasterly of a line drawn southeasterly from a point on the northwesterly line, distant 25.0 feet southwesterly of the point of beginning, to the southeasterly comer of said tract, said corner marked by an 1" iron pipe monument. CADocuments and Settings\All Users\Documents \Word\Lavalle Peterson Combined 05- 29- 08.doc Page 2 of 4 Pages May 29, 2008 EXISTING LEGAL DESCRIPTION TRACT "D" - "PETERSON PROPERTY" All that part of Lot 9, REVISED AUDITOR'S SUBDIVISION NO. 46, Anoka County, Minnesota, described as follows: Commencing at the witness comer as set by the Anoka County Surveyor on March 25, 1964 on the East line of Section 15, Township 31, Range 22 and on the North shore of Centerville Lake; thence northerly along said east line, 191.82 feet to a point on the tangent line of a 6 degree 00 minute curve on County State Aid Highway No. 14; thence deflect 50 degrees 58 minutes northwesterly, 219.42 feet to the central angle of said 06 degree 00 minute curve; thence deflect 38 degrees 05 minutes westerly, 329.58 feet to the end of said 06 degree 00 minute curve; thence continuing westerly on course 1.15 feet; thence deflect 58 degrees 18 minutes southwesterly, 40.82 feet to a 1 inch iron monument marking the northwesterly line of the property of Francis W. & Elenore M. LaValle as described in Book 379 of Deeds, Page 359, Office of the Register of Deeds; thence continuing southwesterly on course along said northwesterly line of the LaValle property, 285.03 feet for the point of beginning; thence deflect 64 degrees 42 minutes southeasterly, 340.45 feet to an 1 inch iron pipe monument on the northerly line of Lot 13, AUDITOR'S SUBDIVISION NO. 46; thence deflect 58 degrees 58 minutes 30 seconds southwesterly along said line of Lot 13, 127.72 feet; thence deflect 99 degrees 40 minutes northwesterly, 321.22 feet to said northwesterly line of the LaValle property; thence deflect 86 degrees 03 minutes 30 seconds northeasterly along said northwesterly line of the LaValle property, 250.47 feet to point of beginning; EXISTING LEGAL DESCRIPTION Parcel "Dl" - "PROPERTY ACOUIRED FROM ST. PAUL WATER DEPT." That part of Lot 13, REVISED AUDITOR'S SUBDIVISION NO. 46, Anoka County, Minnesota, described as follows: Commencing at the most northeasterly corner of said Lot 13, said comer marked by an iron pipe monument in concrete and capped RLS 5332; thence South 84 degrees 50 minutes 00 seconds West along a northerly line of said Lot 13, assuming the east line of said Lot 13 and the east line of Government Lot 4, Section 15, Township 31, Range 22, bears North, a distance of 209.80 feet to a cast iron monument lettered "St. Paul Water Department; thence South 64 degrees 17 minutes 30 seconds West, along a northerly line of said Lot 13, a distance of 99.86 feet to a 1 inch iron pipe monument; thence South 64 degrees 18 minutes 00 seconds West along a northerly line of said Lot 13, a distance of 100.43 feet to a cast iron monument marked "Judicial Landmark'; thence South 63 degrees 33 minutes 40 seconds West, along a northerly line of said Lot 13, a distance of 36.33 feet to a cast iron monument marked "Judicial Landmark "; thence South 26 degrees 34 minutes 40 seconds West, along a northwesterly line of said Lot 13, a distance of 63.60 feet to a cast iron monument marked "Judicial Landmark "; thence South 27 degrees 08 minutes 50 seconds West, along the northwesterly line of said Lot 13, a distance of 100.00 feet to a 1 inch iron pipe monument and the point of beginning of the parcel being described; thence continue South 27 degrees 08 minutes 50 seconds West, along the northwesterly line of said Lot 13, a distance of 99.00 feet to an iron pipe monument capped 20270; thence continue South 27 degrees 08 minutes 50 seconds West, a distance of 28.72 feet to a point, said point also lying on the Low Water Mark of Centerville Lake (for the purposes of this description the low water is assumed to be at elevation 883.27 feet, N.G.V.D. 1929); thence northeasterly along said Low Water Mark to its intersection with a line which bears South 48 degrees 13 minutes 20 seconds East from the point of beginning; thence North 48 degrees 13 minutes 20 seconds West, a distance of 27 feet, more or less, to an iron pipe monument capped 20270; thence continue North 48 degrees 13 minutes 20 seconds West, a distance of 72.00 feet, to the point of beginning. PROPOSED LEGAL DESCRIPTION TRACT 11 D2" - "PETERSON PROPERTY TO BE DEEDED TO LaVALLE" All that part of Lot 9, REVISED AUDITOR'S SUBDIVISION NO. 46, Anoka County, Minnesota, described as follows: Commencing at the witness comer as set by the Anoka County Surveyor on March 25, 1964 on the East line of Section 15, Township 31, Range 22 and on the North shore of Centerville Lake; thence northerly along said east line, 191.82 feet to a point on the tangent line of a 6 degree 00 minute curve on County State Aid Highway No. 14; thence deflect 50 degrees 58 minutes northwesterly, 219.42 feet to the central angle of said 06 degree 00 minute curve; thence deflect 38 degrees 05 minutes westerly, 329.58 feet to the end of said 06 degree 00 minute curve; thence continuing westerly on course 1.15 feet; thence deflect 58 degrees 18 minutes southwesterly, 40.82 feet to a 1 inch iron monument marking the northwesterly line of the property of Francis W. & Elenore M. LaValle as described in Book 379 of Deeds, Page 359, Office of the Register of Deeds; thence continuing southwesterly on course along said northwesterly line of the LaValle property, 285.03 feet for the point of beginning; thence deflect 64 degrees 42 minutes southeasterly, 340.45 feet to an 1 inch iron pipe monument on the northerly line of Lot 13, AUDITOR'S SUBDIVISION NO. 46; thence deflect 58 degrees 58 minutes 30 seconds southwesterly along said line of Lot 13, 127.72 feet; thence deflect 99 degrees 40 minutes northwesterly, 321.22 feet to said northwesterly line of the LaValle property; thence deflect 86 degrees 03 minutes 30 seconds northeasterly along said northwesterly line of the LaValle property, 250.47 feet to point of beginning; Which lies northeasterly of a line drawn southeasterly from a point on the northwesterly line, distant 25.0 feet southwesterly of the point of beginning, to the southeasterly comer of said tract, said corner marked by an I " iron pipe monument. CADocuments and Settings\Ml Users\Documents \Word\Lavalle Peterson Combined 05- 29 -08.doc Page 3 of 4 Pages May 29, 2008 TOTAL COMBINED TRACT D - NEW DESCRIPTION FOR "PETERSON PROPERTY" (WCCLUDES "Dl" & "D" MINUS "D2 "1 All that part of Lot 9, REVISED AUDITOR'S SUBDMSION NO. 46, Anoka County, Minnesota, described as follows: Commencing at the witness comer as set by the Anoka County Surveyor on March 25, 1964 on the East line of Section 15, Township 31, Range 22 and on the North shore of Centerville Lake; thence northerly along said east line, 191.82 feet to a point on the tangent line of a 6 degree 00 minute curve on County State Aid Highway No. 14; thence deflect 50 degrees 58 minutes northwesterly, 219.42 feet to the central angle of said 06 degree 00 minute curve; thence deflect 38 degrees 05 minutes westerly, 329.58 feet to the end of said 06 degree 00 minute curve; thence continuing westerly on course 1.15 feet; thence deflect 58 degrees 18 minutes southwesterly, 40.82 feet to a I inch iron monument marking the northwesterly line of the property of Francis W. & Elenore M. LaValle as described in Book 379 of Deeds, Page 359, Office of the Register of Deeds; thence continuing southwesterly on course along said northwesterly line of the LaValle property, 285.03 feet for the point of beginning; thence deflect 64 degrees 42 minutes southeasterly, 340.45 feet to an 1 inch iron pipe monument on the northerly line of Lot 13, AUDITOR'S SUBDIVISION NO. 46; thence deflect 58 degrees 58 minutes 30 seconds southwesterly along said line of Lot 13, 127.72 feet; thence deflect 99 degrees 40 minutes northwesterly, 321.22 feet to said northwesterly line of the LaValle property; thence deflect 86 degrees 03 minutes 30 seconds northeasterly along said northwesterly line of the LaValle property, 250.47 feet to point of beginning; Which lies southwesterly of a line drawn southeasterly from a point on the northwesterly line, distant 25.0 feet southwesterly of the point of beginning, to the southeasterly corner of said tract, said comer marked by an I" iron pipe monument. Together with: That part of Lot 13, REVISED AUDITOR'S SUBDIVISION NO. 46, Anoka County, Minnesota, described as follows: Commencing at the most northeasterly corner of said Lot 13, said comer marked by an iron pipe monument in concrete and capped RLS 5332; thence South 84 degrees 50 minutes 00 seconds West along a northerly line of said Lot 13, assuming the east line of said Lot 13 and the east line of Government Lot 4, Section 15, Township 31, Range 22, bears North, a distance of 209.80 feet to a cast iron monument lettered "St. Paul Water Department; thence South 64 degrees 17 minutes 30 seconds West, along a northerly line of said Lot 13, a distance of 99.86 feet to a 1 inch iron pipe monument; thence South 64 degrees 18 minutes 00 seconds West along a northerly line of said Lot 13, a distance of 100.43 feet to a cast iron monument marked "Judicial Landmark "; thence South 63 degrees 33 minutes 40 seconds West, along a northerly line of said Lot 13, a distance of 36.33 feet to a cast iron monument marked "Judicial Landmark "; thence South 26 degrees 34 minutes 40 seconds West, along a northwesterly line of said Lot 13, a distance of 63.60 feet to a cast iron monument marked "Judicial Landmark "; thence South 27 degrees 08 minutes 50 seconds West, along the northwesterly line of said Lot 13, a distance of 100.00 feet to a 1 inch iron pipe monument and the point of beginning of the parcel being described; thence continue South 27 degrees 08 minutes 50 seconds West, along the northwesterly line of said Lot 13, a distance of 99.00 feet to an iron pipe monument capped 20270; thence continue South 27 degrees 08 minutes 50 seconds West, a distance of 28.72 feet to a point, said point also lying on the Low Water Mark of Centerville Lake (for the purposes of this description the low water is assumed to be at elevation 883.27 feet, N.G.V.D. 1929); thence northeasterly along said Low Water Mark to its intersection with a line which bears South 48 degrees 13 minutes 20 seconds East from the point of beginning; thence North 48 degrees 13 minutes 20 seconds West, a distance of 27 feet, more or less, to an iron pipe monument capped 20270; thence continue North 48 degrees 13 minutes 20 seconds West, a distance of 72.00 feet, to the point of beginning. CADocuments and SettingsWI Users0ocumentsMordEavalle Peterson Combined 05- 29 -08.doc Page 4 of 4 Pages f LC . .. . .... . 3CIISNI N1 fn .6 ..q .. . . .. NNMNS 111ITI—I _tl — -, ^­ I. Jo 133d 11 371�� ........ ...... ...... I. I. .. ..... 1.11113.111 • In 0, . ....... .. .... I .. I . ..... ..... ..... . .. . .... ............ ... .. .... ' 02COl 'IMI �M ­1'"d J. • -pis t 8 — ..... ... ... .. .... .... .... .... ....... I .... ....... mg�, . . .. ........ . . ... .... I. .. I ....... 4 .... ... .... ..... 1. .. .. ... .... . % • ... .•. d01 HO uoJU J. S�1131 q3sl�� It .1IMI17 7 P­; r ZV101— .. .. ..... .... I. .. ..... . .... ........ . j . ,, . . . .. ... .... I- ..I' ... . . ....... . ....... .. .. x !{ .. n; 1 44'."! : t7 . . ..... .... MI. p �q ilk ..... I coewl - W 3ull Jo 31viijIld3� mdj MISNJM[q --d.a -1. 1. ,l IT. 11 1., - P l p -d IS p b:� ....... .. .. W-VIS -V —1— 1— W ...... :S3iON ...... ..... .... .... I .. . I. .. .. I. .. .......... ............ .... ­,. ........ .... .... ...... ` x .­ I. '.1:. ...p. ­ . ., "... " � . I— ..... I. ...... . ....... I . .... ... ... I. . . _$" _1 " I • ....... ....... I .... .. , I ....... ....... q. ... ..... ....... 1 . .1,6., p ­j .. ...... .. . ... ...... . .. ­7 M­ A W—I 11 1 11 1-1 A 10—I St— ­7 ow 31711— A 11 1 -If -91 ............ - — -- — - ............ .... . ....... . ­.l ..... .... ... ..... .. ....... I . .... I .. . ....... ..... .... .. .. ....... I 1 11 'o I M . ..... .. ... I . ...... ... I :, � I V, v tbi o od Q 'M 1 :1 - 1'f� ­- 1 vl ............ . I, I.., I I. ...... .... 0 Ml .......... .. .. ...... ... ........ . ....... .. ....... .. .. ...... ...... ....... .. ..... ....... 1.4 -.:.: .. .. I. ....... . .... .... .. . ..... 1.1 .. .. .. .... ­ ­ j ..... . . I ... .... I . .... I ............ ... .... ..... ".. .. ., , ... . .... .. I. ..... .... .. I ........ .... ... .. .... ... ... I. V. . ...... ...... .... ........ . ..... '... 3 1 .­_ p ..... ........ .. ...... . I . . .... ........ .. . ........ . ... . ....... .. .. . .. . ...... ....... ........ ... .. ... I . ........ . .... . .... ..... ...... MXWUgd .. . ....... • CD . ...... I I. ""111 4, ....... .. .... . ... ... ....... .... . ... .... . ....... I". .... .. .... ...... 4­1 -11 ....... .... U.14�N1111 .. ...... .... . ....... I. .. j-, 2 . ....... ...... . ..... ......... ...... ...... (D . .. .... .... .... 47 Ot t R !Io Al VffdO x NOSH 919d .. ..... ... .. ........ .... ....... .. ....... I. .... I.— , p r In .... I. .... .. .. .... ........ ....... . .. .... ............ .... (D r ............... 1 . . 11 '1"1 41"- .... ...... . I . .. .. ..... . ... .. .... .. . ............ . . 977YAR7 .. I IX . r 9. � 0 ...... .. .... Sam 0 .. ........ . ..... .. ....... ... .. ..... .. . .. ......... .... ...... .. ....... 1 4- 1 . .... ....... . .. .. ..... . (D .... . ....... ....... I . ...... . ..... ...... ...... .... ... . .. .... . I .. ........ I ....... I. ....... . 1 1­1 T .... ....... .. ...... . .... ..... .; ..... .. .... ......... .: " .... ... ... I . ...... I '13 . ..... ...... .. 1 1 p l . * 1 1 �1. 11 1.;... .... I. I . VN% ...... .. ....... .. ....... I. ..... ... .... ...... .". 1:12 . . %. ." o .. I, 7.0 11. A. ....... I .... . ..... ..... .. .... .. .... .. .. ... .. .. ..... .... 4L .... . .. .... .. I . .. ....... . ... .. _Z 51 6­ .... 11 ' A' ;: ........ :iJ ;OOL I,,NOSN313J,, 1V101 .. ... .. ...... . 1.4 os ;009t , YNi ... .... .... . . I .: ....... . .... . :9 .. ..... I. I, ... ...... L:, A lj*Os �009 ,M ID IDY81 - X3 0 T .. .... 1­1 ­lx 17va1 'x3 x.%, .." _ 1 . "", . .71., f,l:X­; WN ;o ­ I .:­., "a.. ........ .... . .... OL 9 : � 0 3] i3yNi 'dOHd IVA 'l., IVIOI .... .. . . OS ;009 ... .. ...... - ;001 .1 -, :os ;009:� ,lh iovNi :X3 - 13 . OS ;0(1 9c '. D -Oval • x3 AIVEFdOWd 977VAV7 SNMOQNV3ag V3NV 101 CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular meeting on May 7, 2013, at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner Eric Larson Commissioner Thomas Wood Commissioner Russ Koski ABSENT: Commissioner Olaf Lee Commissioner James Flint Commissioner Matthew Montain (Leave of Absense) STAFF: Administrator Dallas Larson OTHERS PRESENT: Co uncil M e m ber Lo I. CALL TO ORDER. The meeting was called to order by Chairperson Mosher at 6:30p.m. 1. Roll Call APPEARANCES: None 11. PUBLIC HEARINGS The Planning and Zoning Commission held a public hearing to consider an amendment to City Code, Chapter 156, amending Table 156 -A.1 inserting "Recycycling and Waste Processing within a building" as a conditional use in Industrial District I -1. No one appeared to speak in regard to the proposed amendment. The hearing was slosed at 6:39 p.m. III. OLD BUSINESS 1. Keeping of Chickens in the city. The Commission reviewed proposed language which included changes proposed by Circle Pines. The city has been working with its partner cities served by the Centennial Lakes Police Department to have common ordinance language. The Commission was okay with the proposed changes but proposed to add the word "neighboring" in front of the word residential in section 7. 2. Amendment to the City Code, Chapter 156, Table 156 -A.1 to insert "Recycling and Waste Processing Entirely Within a Building" as a Conditional Use in 1 -2 Page 1 of 3 City of Centerville Planning and Zoning Commission May 7, 2013 IV. NEW BUSINESS. 1. Petition for front setback variance - 7261 Main Street The Commission received a request for setback variance from Jeffrey Magdik which would allow a thirteen foot variance from the setback. A site plan was reviewed. Some commissioners expressed concerns over issuing the variance. Motion by Commissioner Koski, seconded by Commissioner Wood that a public hearing be scheduled at the next meeting to consider the proposed Conditional Use. All in favor, except Commissioner Larson. Motion carried. 2. Petition for variance to place accessory building in side yard - 1889 Quebec The Commission received a request for a variance to allow an accessory building in the side yard toward 73 Avenue. The applicant's lot is encumbered by a fifty foot easement across the rear yard which limits the possible locations for an accessory building. The easement is held by Great River Energy. Great River has indicated that they may allow a building in the easement if it is at least 25 feet back from the power line, and may require a survey. The applicant believes that the side yard would be a better location and have less adverse affects on his property. Commissioners expressed concerns tht the case may not be able to qualify for the deferment, since it appears that other options have not been fully explored. The applicant will be notified of these concerns in the event he wishes to withdraw the application and receive a refund of fees and deposits. Motion by Commissioner Larson, seconded by Commissioner Koski that a public hearing be scheduled at the next meeting to consider the proposed Conditional Use. All in favor, except Commissioner Larson. Motion carried. 3. Request for Conditional Use Permit — 7093 — 21 Avenue North (King Core & Metals), Core & Scrap Dealer Mr. John Haluptzok/Building Owner Craig Kozar After review, consensus of the Commission was that the matter should be set for public hearing pending council approval of the Code amendment that makes this conditional use possible. Motion by Commissioner Larson, seconded by Commissioner Koski that a public hearing be scheduled at the next meeting to consider the proposed Conditional Use. All in favor. Motion carried unanimously. V. DISCUSSION ITEMS: None VI. CONSIDERATION OF MINUTES 1. Planning & Zoning Commission Meeting Minutes of April 2, 2013 Motion by Commissioner Koski, seconded by Commissioner Mosher to approve minutes from the April 2, 2013, meeting. All in favor. Motion carried unanimously. VII. ADJOURNMENT Page 2 of 3 City of Centerville Planning and Zoning Commission May 7, 2013 Motion by Commissioner Wood, seconded by Commissioner Koski to adiourn the meeting at 7:48 p.m. All in favor. Motion carried. Transcribed by: Dallas Larson, Administrator Page 3 of 3 NOTICE OF HEARING The City of Centerville Planning and Zoning Commission will hold a public hearing on Tuesday, June 4, 2013 at the Centerville City Hall, 1880 Main Street, Centerville, MN, in the Council Chambers beginning at 6:30 p.m. or shortly thereafter to consider a request of Home Detail, Inc., Jeffery Magdik, for a variance from the normal front -yard setback for the property located at 7261 Main Street, legally described as Lot 14, Block 2, Burque Addition No. 1. The requested encroachment into the required setback is proposed to be thirteen feet. City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m., May 31, 2013. All persons interested are invited to attend and to be heard or may submit their concerns in writing. You may contact the City Clerk's office at (651) 429 -3232 or by email to tbenderAcentervillemn.com if you need additional information. Teresa Bender, City Clerk -CMC Published in the Quad Community Press February 21, 2013.