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Home My WebLink About2004-09-07 P & Z Packet tervi[[e 'Lstab{isheJ 189 PLANNING AND ZONING COMMITTEE MEETING AGENDA TUESDAY, SEPTEMBER 7, 2004 6:30 p.m. L CALL TO ORDER 1. Roll Call n. APPEARANCES/PRESENTA TION(S) 1. Mr. John Thill, 1375 Mound Trail (preliminary Request for Variance) IlL PUBUC HEARING (S) 1. Shonagh BoylelRichard S. Carlson - Lot Split/Lot Combination 2. Robert KoranlRichard S. Carlson - Lot Split/Lot Combination 3. Kruger & Boyle Parcels Purchased by Richard S. Carlson (Hunters Crossing 2nd Addition, Phase II - MUSNComprehensive Plan Amendment AdvancementlReduction 4. Mr. Cheldon Frank, 1597 Peltier Lake Drive - Variance Request to Build Home on Non-Conforming Lot 5. Mr. Dennis ShudylRehbein Properties Lot Split/Lot Combination 6. Mr. Dennis Shudy/Ms. Colleen Carpenter Lot Split 7. Mr. Ray Olson, 6805 - 20th Avenue South - Special Use Permit IV. OLD BUSINESS V. NEW BUSINESS 1. Ordinance Review 2. Rezone Request Mr. Richmond Evans, 6716 Centerville Road (From R-l to R-2) - Admin. Error VI. DISCUSSION ITEMS VB. CONSIDERATION OF MINUTES 1. July 6, 2004 Planning and Zoning Meeting Minutes VIII. ADJOURNMENT ervi[fe STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING LOT SPLIT REQUEST FOR PIN #R26-31-22-22-0004 - (6709 CENTERVILLE ROAD) & LOT COMBINATION FOR PIN #R26-31-22-22-0011) THE PROPERTY TO BE SPLIT IS CURRENTLY OWNED BY SHONAGH BOYLE WITH A PENDING PURCHASE AGREEMENT WITH KCR INVESTMENTS (MR. RICHARD S. CARLSON) FOR THE REQUESTED NEW PARCEL. THE PROPERTY TO BE COMBINED IS CURRENTLY OWNED BY KCR INVESTMENTS. BOTH PARTIES ARE REQUESTING THAT 213.99' X 480' BE SPLIT FROM THE REAR OF THE PARCEL AND COMBINED WITH PIN #26-31-22-22-0011 FOR THE FUTURE DEVELOPMENT OF HUNTERS CROSSING 2ND ADDffiON, PHASE 2. THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider the requested lot split submitted by the current owner Shonagh Boyle and lot combination submitted KCR Investments (Mr. Richard Carlson) to allow 213.99' x 480' to be split from the rear of PIN #26-31-22-22- 0004 and combined with PIN #26-31-22-22-0011 for the future development of Hunters Crossing 2nd Addition, Phase 2. Mr. Carlson and the owner of 6719 Centerville Road (Kruger) have received approval to split the rear of their parcel in preparation of the planned development which would leave no land remaining land locked. The meetings are scheduled for Tuesday, September 7, 2004 and Wednesday, September 8, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the lot split/lot combination as requested. Both public hearings will be held in Council Chambers located at 1880 Main Street, Centerville, Minnesota 55038. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. September 3, 2004. 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: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. August 17, 2004 ! .I I i ~ ~ ! :a:: b' 213.99' x 480' E Ii' ! /SSO '71foill 51rccl . (clllC/,'iffc, ~l\f'A{. 55iUS (r~ta{Jl's:fz"..J10')/~ (I '/)4"<) 1"1'.' 'I '(I"/)t/')l) ~ "'l) ~ Vii, dl 0- CITY OF CENTERVILLE ,~. '. ~. ~ .. 11.\ '. ~.( h, APPLICA TION F~T COMBlNA TION/REZONING LOT SPLIT/LOT COMBINATION: X FEE: Any additional costs incurred for engineering, legal fees, publication or othcr rcquircmcnL~ REZONING: DATE PAID: FEE OWNEJ\: ADDRESS:\) STREET LOCATION OF PROPERTY: I' APPLICANT'S INTEREST IN PROPERTY: FEE OWNER ?( CONTRACT PlJRCHASER LEASE HOLDER OPTION TO PURCHASE ~~'P~~~~~~iUE~~~'~y&~~:~V~~~ Signature of Applicant 3/~/()'-1 Dat t/ I I I , f I I I I I l~ KCRINVESTMENTS,LLC 7671 CENTRAL AVENUE FRIDLEY, MN 55432 (763) 786-1218 " 2082 DATE --::>/?1IOl:r13~91g $~:~:6vJ~ Do ~~.. ill DoIldsonBack. '". ." .. - -. ," - .-,." H~,,a.-{7~i~l78. ~~ame(nO) ~~78' B~ne(2)_(763)~-2178 ._lnfo~(763)..~ - -. ~ ~ "- '" N ~ ~g> ~ .... "'\,0 .~ ~~"? ~ ~ ;;; g> ~ ~ 8!--;!: ~] '~~ ~ ~ri 11100 2oB2111 +1:09. 9 .~!;B 51: ' I- Z ::> o ::2: <t 8 -i 0> Ei> ",- Of ::l "" t Of V)'Y' ,~ ~ " 'f' ;;;? '" 0\,0 '" '-- ~ u. o o w > jjj o w c:: ....... 'l J ~ ~ I' I~ _0 ~ ~ I~ ii~~ N ] ~ ~ ~- ~ ~;f. ~ ~ ~ ~1,,-lA - N CO o N w (? 'It ~ ~ :r: o 0 w c:: :r: ::l o OJ Gl Gl " IL 1tI c: 0 ,2 c:: 13 ~ g .~ <( C Gl a:S ~ ~ ~ t5 Ii .0: t ~ .~ ~ >- In '<t o o N cD N >- "S -, v.i l'J) Q) t:: "Ci) ::J ..Q '- ::J ~ '- Q ::J ~ ~ s:::: (U ~ =II: c.. oQi tl Q) 0::: M LO <::) ..,... 10 1 Mr. 2 3 Mr. MrMrs First Name Keith n~ho~agh Richard S. Table1 8/27/2004 Last Name House Number Street Address Kruger or Curre 6719 Centerville Roa Boyle or Curre 6709 Centerville Roa ------- ._- Carlson & Asso 7671 Central Avenue Page 1 Cit Centerville Centerville Fridley State IMN IMN I IMN Code 55038 55038 55432 Table1 8/27/2004 Page 2 ~ U: - -- N~thw"s' Co,"", of S~"oo 26 T31 R22. 1'/ An Anoka County Monument ' , Y //_NOrth hne of the Northwest Quorter of the Northwest Quarter of Section 26, TJ1, R22 .l-=_ __ _ _ ___ __ __ _ _ _ _ L_ _ _ _ _ _ _ _ _ _ _ SBB"'3S'45"E 131562 : : ---r--------------------------------i.:-~I , I I ! I 'I I J I 1 I j I I I I I I I I I I I I I I I I I I ' I I , - I I I , I I I : : : I I ! ' '\ rx I I :i i ~\ I I I I I I I I I I "- \' : : : \~ I I i : 10\ I , ii' \ tx ! n CO f==~~ : I' ~ \ I V I I I I I I.J\ I 1 I . "- \' :ill . 0 \ ' I I I I : tl \ ~ ~I 'x \ 1 u : : ~I -I c_ e G '- ~----ll~J I : I~I I -J I ~ 1 I 1 I"'! 0\: : Ii: I I I I I I I Iii I I I I I , I () I ] i i ! I,I t----tJ II .3 I I I I I I o , ,I i,l I I I :5 I I I_ i ~------------------______ ----J-_ ____ ~------------~ I i I f I. I -<j>- I r --------+---------___ I I 1 I I I~! I --<>------, / I" I I I 1 I I I / 11;1 I I I I / :i: : :~: 1 (-'1 I": I , I ~' +00. I 1 I I'" I I I I 0". I " I , : '. <,). 0 I 1 I 'I I I I "Qo}' ~ S88'35'45"E "! .. 1 I 1"1 5'88'35' 45"E' i' I' " , I ~ 300.081 , I 480.13 990.51 \J -P-n~OIL ,:.1-. ,-7' I I 'W 510.38 .~; /1 1/ CO I Ie ?' 300.08 00'-- 0> : :~ ~ P I 1 A ~ " . I ~ I Ilggj arce g I" I : :!i~___________~6!'o.O!'..__________.: Parcel 1 Parcel 1 B I ~ 5: I I r- 24.75 (1-1/2 Rods) ~ ~ ~. I I ~ I ;;' I 1 I N City of Centerville I P I I I 480.14 g I, ',--\ 810.41 I f/) I I ' N88'34'25"W 1290.55 I 1 : \." _ South lloe of th, No'thw,oj Quo"., of t:~t:o~~,~~~ort~~~~:'ct;on 26. T:ll. R22. I I P 1i o "' '0 a ! '0 a i . ~ .... o ~ (} '0 ::; ~ \ \ \ , I hereby certify that this survey was prepared by me or under my direcl supervision, and thot I am Q duly Registered Land Surveyor under the laws of the State of Minnesota. AODITIONS DA IT hRWN. CHKD. iAppvo / REVlSIONS COMMENTS L1~ ~ Mattke Surveying & Engineering, Inc. PROJECT TIlLE Boyle Property, Centerville, MN NO. ~ tJ. Pt..=... Tedd W. Mattke, RLS Date: 'i?/Jv/Ol.j Minn. Reg. No. 15612 L I~~ j. ~ p ~ c o "' GRAPHIC SCALE 'f l~~J.~..~~r i '0 ( Dof FEET) 1 inch "" 100 It. i o . o z Basis of Bearings is Assumed. . Denotes Iron Monument Found o Denotes Iron Monument Set and Marked "RLS 15612" a o o . ~ o z a Present ProDe~ DCSCriDtiOD: P.rcell: That part of the NorthWest Quarter of the Northwest Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota, lying South of the North 1100.60 fi:et. and Easterly ofthc West I-Y. rods. AND Parcel 2: The East 300.00 feet of the South 40.00 teet ofthal part of South 219.40 feet of the North 1100.60 feet of the Northwest Quarter of the Northwest Quarter ofScctiou 26, Township 31. Range 22, AnokaCounty, Minnesota, lying Eastcrlyofthe West l-y'rods. New ProDertv DesmntioDs: P.rcellA (10 be conveyed 10 Ricb.rd S. C.r1son): The West 504.75 feet of the Northwest Quarter of the Northwest Quarter of Section 26, Township 31, Range 22, Anoka County. Minnesota, lying South of the North 1100.60 fi:et, and East of the West I-Y. rods. Parcel JB (10 be retained by Boyle): PorceIl: That port ofthc Northwest Quarter of the Northwest Quarter of Section 26, Township 31, Range 22, Anoka County, Minnesota, lying South of the North 1100.60 fi:et. and East of the West 504.7.5 feet. P.....12: (No cbange In ownenhlp or property description.) The East 300.00 feet of the South 40.00 feet ofthal pari of South 219.40 feelofthc North 1100.60 feet of the Northwest Quarter ufthe Northwest Quarter of Section 26, Township 31, Range 22, Anoka County,Minnesota, IyingEnsterly of the West 1-\c\ rods. Richard S. Carlson Development, LLC Fridley, MN 55432 AUTHORITY 7671 Centrol Avenu. NE (763) 788-1218 7671 Central Avenue NE Fridley, MN 55432 (612) 783-0300 DRAWING TITLE Certificate of Survey and Proposed Split DRAWN CADO APPROVED ThM I s 1" 5' I DRAWING I OF CHECKED OAIT8/18/041: CALE: - 0 . tervi[[e 'Esta6[ishd 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING LOT SPLIT REQUEST FOR PIN #R26-31-22-22-0011- (KCR INVESTMENTS- MR. RICHARD CARLSON) & LOT COMBINATION FOR PIN #R26-31-22-22- 0003 - (MR. ROBERT KORAN - 6759 CENTERVILLE ROAD) THE PROPERTY OWNERS HAVE AGREED THAT CURRENTLY THERE IS AN ENCROACHMENT ISSUE WITH A STRUCTURE THAT IS OWNED BY MR. KORAN AND IS LOCATED ON KCR INVESTMENTS PROPERTY. BOTH PARTIES BA VE AGREED TO A LOT SPLIT OF 17' X 73.28' FROM PIN #R26- 31-22-22-0011 AND LOT COMBINATION TO PIN #R26-31-22-22-0003 TO ALLEVIATE THIS ENCROACHMENT ISSUE AND ARE REQUESTING CONSIDERATION OF APPROVAL. THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider the requested lot split submitted by the current owner KCR Investments (Mr. Richard Carlson) of IT x 73.28' of PIN #R26-31- 22-22-0011 and to combine same with PIN #R26-31-22-22-0003 currently owned by Mr. Robert Koran, 6759 Centerville Road. This requested lot split/lot combination would alleviate an existing encroachment issue. The meetings are scheduled for Tuesday, September 7, 2004 and Wednesday, September 8, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the lot split/lot combinations as requested. Both public hearings will be held in Council Chambers located at 1880 Main Street, Centerville, Minnesota 55038. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. September 3, 2004. 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: ksykes@centervillemn.com or tbender@centerviIlemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. August 17, 2004 Teresa Bender, City Clerk-MCMC Published in the Quad Community Press on August 24 and August 31, 2004 ,-- I ' , ct11lCIT A i :g "- lEI 5t . 1 Z 1711jl ''11~ I;I"InDr A ~ I:l:I CI 0< o D::: ~ 5 II! ~ z b' tervi{{e 'EstaECislied 1857 1880 'Main Street, Centervi((e, 'M'l'f 55038 (651)429-3232 fax (651)429-8629 RECEIVED OF AMOUNT Robert Koran '" " $194.00 ( PJN'1PfJ~ -,~/-ZZ- //-/JLJ~ J FOR: Lot SoliULot Combination CHECK # 6912 Aoolication Fee SURCHARGE 6759 Centervllle Road BY Kim Stephan July 22, 2004 Thank you for your business. Receipt # 1 0 3 8 t'~tervi[[e uta6[ished 1857 1880 %ain Street . Centervi[[e; %'J{ 55038 (651) 429-3232 . ~a;'( (651) 429-8629 CITY OF CENTERVILLE APPLICA TION FOR LOT SPLITILOT COMBINA TION/REZONING LOT SPLIT/LOT COMBINATION: ~ FEE: /9! .tiJ + Any additional costs incurred for engineering, legal fees, publication or other requirements REZONING: DATE PAID: STREET LOCATION OF PROPERTY: 67 S 9 CENTERVILLE ROAD LEGAL DESCRIPTION OF PROPERTY: SEE ATTACHED SIZEOFPARCEL(S): 17.00' X 173.28' PROPERTY OWNER: RICHARD S. CARLSON PHONE#: (763) 786-1218 DEVELOPMENT, LLC FEE OWNER: SAlVlE AS ABOVE ADDRESS: APPLICANT'S INTEREST IN PROPERTY: X FEE OWNER LEASE HOLDER CONTRACT PURCHASER OPTION TO PURCHASE DESCRIPTION OF REQUEST: CORRECT ENCROACHMENT REASON FOR REQUEST: (GOOD NEIGHBOR) , at any time, Signature of Property Owner Date Table1 8/27/2004 10 I MrMrs I First Name I Last Name I House Number! Street Name __!!______ iCurrent !Owner j 1658~Roa~__~ 2 _ ICurrent lQwner __; 1668,Dupre Road _ 3, ICurrent IOwner , 1680iOupre Road ------4'----- ICurrent . fOwner - j 1694!Oupre Road --------5-'Mr.-&Mrs~--IOavid--------Mckers or Curri 6756:Centerville Rmi ----~ . . ' _._-------~-- 6Mr. & Mrs. I Robert iKoran or Curre ! 6759:Centerville Roa- ________.____~---~.-----.l_-----,"-------.L..---"--- 7iMr. iRichard S. Carl i& Assoc. or Cu i 7671 iCentr~1 Avenue 8:Mr. - I Keith iKruger orCurrei~- 6719'Centerville Roa ------g:----~honagh----TBoyle or Curre r 6709;Centerville Roa ~ Page 1 Cit Centerville Centerville Centerville Centerville Centerville Centerville ~r~ql_~~ __ _ Centerville Centerville State Zi Code 55038 55038 55038 55038 55038 55038 55432 55038 55038 MN MN MN MN MN MN MN MN MN Table1 8/27/2004 Page 2 soo~ot;l:1>-3'"O ..... 00 5" ..,.., (1) =r ~ g 0.. ~ ~ C!9. ~ 6 ......(1)(JQ~~'1:l(1) ~ ~ ~ '< t::!. P:> - (1)........~....(J tv (1) (1) S' (JQ ...... .. 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CD o ~ (J) C .., ~ '< 0' :1 ::s o . ervi[[e STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING COMPREHENSIVE PLAN AMENDMENTS THE PLANNING & ZONING COMMISSION AND CITY COUNCIL HAVE PREVIOUSLY BEARED AND APPROVED OF LOT SPLITS ASSOCIATED WITH PIN #'s R26-32-22-22-0004 (BOYLE - 213.99' X 480' OF REAR OF PARCEL), R26-31-22-22-0009 (KRUGER - 219' X 480' OF REAR OF PARCEL) & LOT COMBINATIONS TO R26-31-22-22-0011 (KCR INVESTMENTS - MR. RICHARD S. CARLSON) IN PREPARATION OF THE FUTURE DEVELOPMENT OF HUNTERS CROSSING 2ND ADDmON, PHASE 2. KCR INVESTMENTS (MR. RICHARD S. CARLSON) REQUESTS CONSIDERATION OF THESE TWO (2) NEW PARCELS TO BE ALLOWED TO BE BROUGHT INTO THE 2001-2005 MUSA DEVELOPMENT STAGINGIDATE KCR INVESTMENTS - MR. RICHARD S. CARLSON PREVIOUSLY REQUESTED, WAS HEARD AND GRANTED PLANNED UNIT DEVELOPMENT (PUD) AND COMPREHENSIVE PLAN AMENDMENT ADVANCING THE DEVELOPMENT STAGINGIDATE FOR ANTICIPATED DEVELOPMENT MUSA) FROM 2006 & 2011 TO 2001-2005 (CONSTRUCTION 2003) FOR THE HUNTERS CROSSING 2ND ADDmONS PHASE 1 & 2 (JUNE 11, 2003) THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider the requested Comprehensive Plan Amendments. The Planning & Zoning Commission and City Council have previously heard and approved of lot splits associated with PIN #'s R26-32-22-22-0004 (Boyle - 213.99' X 480' of rear parcel), R26-31-22-22-0009 (Kruger - 219' X 480' of rear parcel) & lot combinations to R26-31-22-22-0011 (KCR Investments - Mr. Richard S. Carlson) in preparation of the future development of Hunters Crossing 2nd Addition, Phase 2. KCR Investments (Mr. Richard S. Carlson) requests consideration of these two (2) new parcels to be allowed to be brought into the 2001-2005 MUSA Development StaginglDate. KCR Investments - Mr. Richard S. Carlson previously requested, was heard and granted Planned Unit Development (PUD) and Comprehensive Plan Amendment Advancing the Development StaginglDate for anticipated development MUSA) from 2006 & 2001 to 2001-2005 (Construction 2003) for the Hunters Crossing 2nd Additions Phase 1 & 2 (June 11,2003). The meetings are scheduled for Tuesday, September 7,2004 and Wednesday, September 8, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the Comprehensive Plan Amendments as requested. Both public hearings will be held in Council Chambers located at 1880 Main Street, Centerville, Minnesota 55038. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. September 3, 2004. 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 emaiI: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. August 17, 2004 Teresa Bender, City Clerk-MCMC Published in the Quad Community Press on August 24 and August 31, 2004 ! IIIUI' .I. I ~ 2001-2005 II: ~ ~ z: ~ - 2020 ! E /1 ID 1 Mr. 2 3 Mr. 4 City MrMrs First Name Keith Shonagh__ Richard S. of Table1 8/27/2004 Last Name House Number Street Address KrugElr or Curre 6719CEl~tervi"e Roa 13())'le or Curre 6709 Centervill~Roa Carlson & Asso 7671 Central Avenue - --- -----~.-. Uno Lakes 600 Town Center P Page 1 Cit Centerville Centerville Fridl~__ Uno Lakes State Zi Code IMN ~_L__ 55038 ,MN . J 55038 IMN ' 55432 IMN 55014 Table1 8/27/2004 Page 2 ~teTVi[{e .. ... ","";,Ii.! w, STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBLIC HEARING VARIANCE REQUEST PIN #RI5-31-22-41-0001 - PROPERTY IS CURRENTLY ZONED R-2 (SINGLE FAMILY RESIDENTIAL) AND DOES NOT MEET THE MINIMUM REQUIREMENTS OF 15,000 SQUARE FEET, MINIMUM WIDTH OF LOT BEING 100 FEET AT FOUNDATION AND SETBACK REQUIREMENTS OF 35' (FRONT YARD SETBACK). THE PUBLIC BEARINGS WILL BE BELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider the requested variance submitted by Mr. Cheldon Frank: to be allowed to construct a single-family home on less than the required 15,000 square feet minimum area, less than required 100' lot width at foundation and less than required front yard setback of 35'. The meetings are scheduled for Tuesday, September 7, 2004 and Wednesday, September 8, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the variance in the three (3) areas requested. Both public hearings will be held in Council Chambers located at 1880 Main Street, Centerville, Minnesota 55038. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. September 3, 2004. 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: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. August 17, 2004 Teresa Bender, City Clerk-MCMC Published in the Quad Community Press on August 24 and August 31, 2004 "" ..~ 8 1 To Whom It May Concern: I would like to request a Variance on lot 1 block 2, burque addition no. 1. The variance is necessary for two separate reasons, in order for me to build a home on the vacant lot. 1. Minimum Area needed on a conforming lot is .15,000 Square feet. 2. Minimum width of a conforming lot is 100 feet from where the home sits. (@ j;;..~d,cf1 ) Provided with this letter is a site plan that explains that I cannot meet those requirements due to the dimensions of the platted lot. The square footage of the lot is only 12,009 feet, and the width of the lot at where the home sits is roughly 85 feet wide. Thanks for looking this over and let me know if you have any other questions. 612-232-1872 G1J}:::~~fI~ PETITION FOR VARIANCE Status of Applicant: Owner Legal Description of Property: (/6 1 i I (~V[ Applicant: C~~ ~\C,!V~ Street Address: 7 ~ \~.1 C \t," '~V\, ~ U rJ...- City/State/Zip: Gv",w v ~ lk V"'- ^' S ~ 0 ~ ~ '>4 Lease Holder Other Lo \- 1- ~\ Oc\<. L- i Fee: $194.00 + Legal Fees Zoning: ;e;e, Date: Phone: Co ll- 1...1'1-\ () '''' ~ lAf C1\.U?- M D: L. (j.", i\.e\ I .1 Street Address (subject property): )<XK ~\ \-~ \,e,...J'CL Dr u V'-lL.- 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 Ordinances (Ord. #4, Division 180) require 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 located. Signature of Applicant: *By paying the above stated , understand that no efunds will be issued in full, in part, or at any time, even though the outcome of Council's action is denial of the request. 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. 1. 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. ~ " Q 'LstaG{isfiea 1857 1880 'lvlain Street, Cmtervi((e, 'M'){ 55038 (651)429-3232 fax (651)429-8629 RECEIVED OF AMOUNT Cheldon FranK $194,00 FOR: CHECK # 3300 Variance Request SURCHARGE Lot 1, Block 2, Buraue Addtion #1 BY Teresa Bender I,"'"" 17 2004 Thank you for your business. Receipt # 1 0 9 6 Table1 8/27/2004 10 MrMrs First Name Last Name House Number Street Name _1_l\t1r. ... :~~t~~_~... ..~~.pe~!!<:l~_C?~!:......._____.1_~~~;~~~t~~~~Cl~~~~ 2 Ms. Rachel Rock or Curren. 1568'Peltier Lake Ori _ ___._..._ ___________ __ __._.__ ,.....____" _." .__ ._____.__,____..._.. _.u._, ___ ..__."U_, _ _.'___ _~.______________,_~,___________.______,_______.~_,___ 3 Current .. ___ .~!!..e!:___..._._.___.__._!~~.?E_El.!~~~!:~~_~_~~ . '4Mr.'--'Thomas. Oario or Curren 1573'Peltier Lake Ori -5 Mr. .Oale "---Ca-rson-orCurr-- --._'1580'Peltle-rLake-Orl _. _ 'M_~'._____'~_.__ ____ _ _' .,___. _. .'_. .__.~_ . '_____.__.~_.______ __ ___,_.. _,. .__ m. __, __ .___.___. _ ,,_._____ '___" . . _ _ _ _._ . __,,__. ,_.__.____. _~'____~.______~ ____,________._,_,____ ~~~: .. . ..~~_!f~Elry.. ....___.~_()_~i!1~_9~~ ',..____!?81 +J='.~.I!!~!:~~.g~. 7 Mr. John :Watson or Curr . 1585,Peltier Lake Ori -."-.~~~_.___~~~.__. ..__:~()~~r-.'. -=,_.=.G-~~~~~~Cu-n___-__:.-_~_._:::~.1~f~~ti~j1~~~_~~. 9Mr.Kevin Peickert or Cur 1588,Peltier Lake Ori .... . ."--I~,!0s.-- . -.-----:.Ml~~~II~ ...:::._-:_~:~~~.~~_~~~t!r:~_-..~----~=.~~.I~~~eIQ~~~~~~~ 11Mr. Richard Michlitsch or C 1600:Peltier Lake Ori 12Mr. James _ ...__:.~a-hl~~~!1j=~i~~....1~05.E~I~~~~~~~~~Q~ -.--.~-I~M~~:~~___.-.---.13~_6. . _._!3.~.~~()r.~~~~_ ....._!~!Q,~~lti~~.~~~~_I:?~ . .__.____ _____~i.~~:.~J~lrs:___.__mQ~.~l~'_ _'.. ___.i~~~()~()L~~rr~. . ...n.___.. .1_6J~fel!~r "!:~~~Q~ ..____.!~ ~.!":_~.~~:._.. . _.C?~!!~__.. .___._L~~o_~':l.()~_9~~~n. ._...__._~~~.~:~-~~.~r.~~k~-I:?~ .1_~.~r...~_~~:..__L~.~~~~ ..___ltI~~~~(;~~__()r~ .._.. ._.._.._._.~.~?l,.P.~I~.~r..!:~~_~~ri _..1.?~~:.8&.Mrs:._______.:~~r)' iKoch or CUrren. 1626-Peltier Lake Ori . __._.~_~.~~..._____.______..__~Cl!"'1_~~ .~=I~~i~~~i9:~~r~.-__::......~-j~~~:!'~!i~i~~~~))1i ._ .__.._ .1.~.~~:...~.~!.:'.:__..~~~. ..~~!!lJ.or. ~lJ r!~'.1._______.._.____.1~4(~~~~_~!!:~~t_ ._._. . ._..___~~~ r.:~~!~:~Cl~._'~()~~_()!.~_lIrr~_r1._._ n._.!.~6f'el!i~r. ~Cl__~e qr~ 21 Mr. Greg Rohr & Eileen iCopland or Cur' 1560 _Peltier Lake Ori ~ Page 1 Table1 8/27/2004 Cit State Code Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Centerville MN 55038 Page 2 CERTIFICATE OF SURVEY FOR: CHELDON FRANK NORTH SCALE: 1 INCH = 30 FEET << EXISTING LEGAL DESCRIPTION Lot 1, Block 2, BURQUE ADDITION NO.1, ANOKA COUNTY, MINNEOSTA. << AREA SUMMARY: LOT 1, = 12,009 SQ. FT. TO EDGE OF WATER. << NOTES: UNDERGROUND UTILITIES NOT LOCATED OR SHOWN EASEMENTS, IF ANY, MAY EXIST. THERE WAS NO EFFORT MADE TO RESEARCH RECORDED OR UNRECORDED EASEMENTS. BEARINGS SHOWN ARE ASSUMED. THE EXISTING LEGAL DESCRIPTION WAS PROVIDED BY THE OWNER. THERE WAS NO EFFORT MADE TO RESEARCH OR SURVEY THE ADJOINING PROPERTIES FOR GAPS AND OVERLAPS. << CERTIFICATION: I hereby certify that this survey. plan or report was prepared by me or under my direct supervision and that I am a duly licensed land Surveyor under the laws of the e of Minnesota. 7-28-04 ate I Lb--= PEL TIER LAKE _ BB5.0 ON JUl.. Y nND. WA1f:;R f:;l..f:;VAIION -H WA1f:;R == 5B4.7. 100 2004. ORDINt~l..\~igD f:;Lf:;V.==BB7.3 Yf:;A .' . = ~=-~=-=- =~-~;~=_=:::5'-;:~Ey (l;:f-""--l(:; " -,- .. "'1\2-'i;.'i;. /" '0/ /' ~J,~'( I -~"---'O~:l\2-~ \G-"- BBB 'BGJO /' I, I ,. ---.-1-..-.. '/" I \', I ,'\2-~ \ / ./ / l_- FOUND ''';.-;.-12.52 I 6'1 SURVf:;Y l..trt:: / ~ / CAS1 IRON "I ~ L -'7 / r <" - . r:: ~1 ~ 'n' .~- " . .$_ MONUMENT K ' 9~. ~ 1/J,"'1'h' ,'0\\""" \ - I --9'4: 0 PLA T \' ' , ,7- i I -~ \ \7-"~\~'i;. -...J ~_.,J.".('JP-'2 B"-1\2-'i;.'i;. d ~ , · ' /,"''j \ , I , -I ~~'i;. CJ -1>-.,., , -,- , /..I..-1,~'r' ,. ~ / '$I 'I ~ I)" . r ~, I / .J.,--f- ~,./ , · ~ , ", , , r:U1 1_\ L./_.l4''-'''-' . t / ' , r I' I"" 0 I r--' I . r' "~/ /1-<' ~x ~/ 1-- c.o " " I-Vl tj ~/ ~/ , I 0 ~! ' , 15L5: Cl:l 0 I :..- ....- /I \ /0- ~ ,;: \--\- I /,- I , II") ~ '^" I / I I ; ,I (C/O) ~ / Cl:l 'J ____,.________...~ ~!-.i- "J / tz::1 .':::: I -----------600' ./ '0 I ~ - - . ~ Bn \ '5 / ~"I . . 1 / .:.:- ~I ..,,:-,"- Z ill .... \ -,. / -. I , <,," '.D'~ Cf) .:: ....."'./ a)' \ PROPOS.EI:}/tG./A,,' nA~f0 /~ /1)",,/''-/?B [n6 .....~ N I UJ . / I \'V\ ?" ,/ XI aD) ''0\. ) ~ !=' HOIJSE \ 0 ~ III / ill C-\:.-, 10 J I 24 On'i:;'i;. .! . ~// /" ~Z- ~ / ~\ B~'\~~l ~ /,/ ~.-, . · 3.5.0 ",.to--e~F;tMEl'. '.' r_ II 3' ./ "'-.....I · / --G" _____J r+ . , /',// \ "~~:JT/ -~~"'''~~;~ //"."'-~ r I I / N IJ}"/~ v r, I/''\ /' '\ I ,/\ ",., - / (J:),,( ., <-'/i ...-// <..3 r < I I I I fA. / IV" \2-'i;. -- ~7 ,,,..,,, ~ D L. -- L. - ,.... ,.... I \ ~ " L - R. 7-0"'1 1ft ~ \ C) \ / III i \rI. I \ ! ~ L= 77.38 nv\; -< I (J \ / F-OUND , \ \ I I G,~BRG.==S85m}~9';W ~ I, /\ /__ _ ~2" ANCHl_ , /- ---:; -1503 22-1 -'-:"'''' ", (IRqN' PIPf:; '-Ti --- 1-77.21 RO), 'j,." f..,.--.__ ':~......Lo',&t:'EV='l06.q ---- U 6-!t:...47"1i \. I OU ""-) ---<?/"d furY I.. I ''--..- I PO LT' \ER/lAKE DR' S,,/-\ ,--FOUND I? Br1UMINOU5 ROAD /' tt -' CAST IRON ~. r ((i 90-;<" MONUMENT 1\) ~ B\ild!l1INOUS CURB '~ ---- 0 ~ =====-- --- -- ~ \ \ \ \ \ \ \ \ \ \-- PROJECT LOCATION: xxx PELTIER LAKE DRIVE CENTERVILLE, MINNESOTA TIMBER PLANTER) ...,..:;::-;'-- 56 -g CATCH BASIN HYDRANT SIGN WATER VALVE UTILITY POLE LIGHT POLE TELE/ELEC BOX GAS VALVE OVERHEAD WIRES WELL MANHOLE CULVERT GAS METER FENCE CONCRETE DENOTES FOUND 1/2" IRON PIPE DENOTES SET 1 /2" IRON PIPE MARKED RLS 25718 r:l o ~, h~" :u C;-1 ,,-~x---- /' / // ClO2.GJ . o Ul .J>. 4 --- Suite 8100 200 East Chestnut Street Stillwater, MN 55082 Phone 651.275.8969 Fax 651.275.8976 dlt-csls@ mcleodusa .net --- --- --- 4- CORNERSTONE LAND SURVEYING, INC ')'f' Z /7L ~)-/ 6~'df) ~fl0 ~ h/mcd th1 9j?ft~ i;.30 /Jh1 .aJd~~ rfa-wv '. ;;d+W ~ /'rf2*tV ~ ~~ ~~;tr ~~. p~o;G /5[57 rf~c7~.fJ.v, ~d&-wfr-P!Lv~, ~ ~~ ~/U0vll- ~!I-~c;V ~~~ , !)~;P ~, T~~ 1n~~Jn ISg 1 r --i/;tt;;u f~ /J-V (!~~. 00cJ88 :..~ I'ITV III II ~...... I :fi!I r.._ :IIIIItr - :t :r I121III 11'_ I Itd n -- I II , - I A It' t:" c:: u 00Wt pI'EET 1880 %ain Street . Centervi[[eJ %'11[ 55038 Tsta[j[iskea 1857 CITY OF CENTERVILLE (651) 429-3232 . ~a;'( (651) 429-8629 APPLICATION FOR LOT SPLITILOT COMBINATIONIREZONING SIZE OF P ARCEL(S): APPLICANT'S INTEREST IN PROPERTY: FEE OWNER M CONTRACT PURCHASER LEASE HOLDER (OPTION TO PURCHASE DESCRIPTION OF REQUEST: ~\ S.~\\.T REASON FOR REQUEST: 10 plA..-~~ 1.3CLC- pn-~l By paying the above stated fee, I understand that no refunds will be issued in full or in part, at any time, even if outcome is.deni~. // 0 / 6</~/~ )dntIJttf ~ Signature of App icant ::Y Signature of Property Owner Dar-iV---ot; d~ {Y-~ ... ....... ...-....-..... ....... -- - - .< I I I I .....I....6.....~..._...,.. ..........>>..._... I I l"L.:~A:~ V't :-1. 1 ;::~U ...,,~t:~r\ I ""_""lloI!l!I~"! t ....~...-..~ ~-..--" K..IOf1r-"I' ~ I :3~J~:r::::~~ ~=:N: ::.\ I Irf~ ' .. fir Z'-"-~:h U _.-_.--L:~-':':::::J-'--'-- r--!-- IllCC!I'1Df -11111; r I I~I I I (II I [ 1: I ~.. I I -.----.--.--.-----.--.--.-----------.-[f 2 :! I -- 1111. III ' ~ t I.. 12 ! j j! : - ~ I~ I} ! U ~ ,.,_ OF"'''' ~ 1 ('n lilt 16 _ zo ~-~;;-;;~.-_._-'--.- T--. oj ~ '.Jf~.1$40 3Q. IT. - II- I ~ I~ i ! ~ l~ 1/'- ~f' : i f I ~-- j .- 1-,/r.IJ -~~ I ~, !Ill l R l.JrA61Nc51 P"O eox 36& 1oIlolQO, I'N 5UU T.~ A26-13A FART . OF THE BJI2 OF 1HE sWv4 OF SEC. 24. lWP. 3l. RNQ. 22 ....,..",..........\1III<<I(I(j71\J.~ ! I OF: SCI\LIl , IlOI - ZOll I'm ,.. II> _ ~ . .s>> NO. 07-04eM . '\lORTH ~ ~ ~~~ ~tr " 7'D2'.&lo .A,IU:.l . .,.&0 A&1WI _ '3"-~ S'Q. n. (m lU). S4 ~ .60 .u;Jt8S .. llr.Bii4 6(1. n.) Ii ~!'1 G --- . ...... TI!IV1It/AL TRAH$PaRT '.I~ 2DTII A__ "rc :4-U.::..,,'-OOIII 'I / \ I '\ -_/ \ ,(..... _ _ w:r.... \ I .-./ I 1..,........ (' 1 \\ \ " l ~ IUt? .lCJlSS\., t.... "1 . ~'~ ~ ,rr.:., \\;. ::: : ..... ;.. - , . . \"';" ~,-,---",,-""'~l~~-k.,. \ . \ \-~I - o,..-~\ \ ) ,I ~ 1 - =-,', '. -....-...., ~ .~. ,/~, ..J./ '...".-.--....-- .. 5 . ~"'''''l''t.' :"6' ~I '::<.<',,::" ..........-... "',,'. .'_II"""'rl/IOI' IIC JIII/. " - AJtU .. 1&.00 .tJ:UtI _ '63.4~t sq. n. "... _ ....v '. .../) ..........i~ 'fo".l..,,- ,,- f ,... . . .-at r ..CrroH ,.. -- -.--. -.'- '7' p 1'T"'l,,/? ld WdSG:G0 p00G ~l 'bn~ ,SaI~'-M'f1IfH''''I. L0Lplp91S9 'ON X~..:I m NN31->OO~ WO~..:I 10 MrMrs 1 2~()yal Oaks R . 3 ~oyal Oaks ~. 4 6 Mr. First Name Mueller Pipelin Current Current Rehbein Dennis Table1 Last Name or Current Own Owner Owner Pror:'~rties or C. Shudy Page 1 8/27/2004 House Number Street Address 6812- 20th Avenue 2044 Gateway Circle --,- - "' ----, --,_.- ..-- -- - -- ---~ 205?~~te,^,1lX.. Ci rcle P.O. Box 368 679520th AvenueS Cit Centerville Centerville Centerville Hugo Hugo State !MN I IMN iMN !MN iMN Table1 Page 2 Field3 Field2 Field1 I . 29391South 166th St !New Berlin 1000!Gateway Circle ICenterville 1000 iGateway Circle !Centerville IP .0. Box 368 ,Hugo 679S;2Oth Avenue S IHugo 8/27/2004 Field4 WI MN MN MN MN Table1 8/27/2004 Code 53151 55038 55038 55038 55038 Page 3 tervi[[e 'Estafj{ishea 1857 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVll..LE NOTICEOFPUBUCHE~G LOT SPLIT REQUEST FOR PIN #R23-31-22-44-0002 - (6985 - 20th AVENUE, MS. COLLEEN CARPENTER) THE ENTIRE PARCEL SIZE IS 1.66 ACRES OF .02 ACRES TO BE SPLIT (THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SEC 23, TWP 31, RANGE 22, ANOKA COUNTY MN, LYING EASTERLY OF THE EASTERLY RIGHT-OF-WAY LINE OF CO. RD 54 THE CONTRACT PURCHASER OF THE NEW PARCEL IS MR. DENNIS SHUDY THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider the requested lot split submitted by both Ms. Colleen Carpenter (owner PIN #R23-31-22-44-0002 - 6885 - 20th Avenue) & Mr. Dennis Shudy, contract purchaser. The entire parcel size is 1.66 acres of .02 acres to be split (that part of the southeast quarter of the southeast quarter of See 23, Twp 31, Range 22, Anoka County MN, lying easterly of the easterly right-of-way line of Co. Rd 54. The meetings are scheduled for Tuesday, September 7, 2004 and Wednesday, September 8, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the lot split as requested. Both public hearings will be held in Council Chambers located at 1880 Main Street, Centerville, Minnesota 55038. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. September 3, 2004. 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: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. August 17, 2004 Teresa Bender, City Clerk-MCMC Published in the Quad Community Press on August 24 and August 31, 2004 ~ II II . :,..~~--"'" --=,-:::.'~ -..- _~-=-,.'__.....J ("ITV I f\ ~ - i r...lIJIIO:.~ - t II . :r . III!1ID R'DR:Ii! I I I\J n -.. A Ii j:" ~ ... u C[CoIII pI'EET '- .... .' ,tervi[[e 1880 9vfain Street . Centervi[{e, 9vf'l{ 55038 'Esta6{is/iea 1857 CITY OF CENTERVILLE (651) 429-3232 . :Fa?C/651) 429-8629 APPLICATION FOR LOT SPLITILOT COMBINATION/REZONING K Any additional costs incurred for LOT SPLIT/LOT COMBINATION: FEE: /9t/,tf) + engin~,legalfees,publicationor A.... __~A - , other requrrements UJ"'"~" r7Z z., . REZONING: ,A..J #-t>~ATE PAID: ~ ~ 0/-'. - ,~/3)-ZZ-4lJJ:-~ rtf./A ;!fJtP STREETLOCATJON OF PROPERTY: 9-GJ fl. &voL 5" ~1 ;0/0. ~ I- tt-.. St"A (' . ~ 2.... c ~- SIZE OF P ARCEL(S): <"CJ P.- I?c. PROPERTY OWNER:~ ~p~....,...... . FEE OWNER: S' ~-<.. ADDRESS: PHONE #: APPLICANT'S INTEREST IN PROPERTY: FEE OWNER L CONTRACT PURCHASER LEASE HOLDER OPTION TO PURCHASE DESCRIPTION OF REQUEST: ?-oj- s:"o/ciT h~ f1"o.i!t~ tJ Yc!Jp~t-'y / ' , REASON FOR REQUEST: I'!Jb ra-<:~ Y'c~ 4 ~~ 4 Cc..ecff By paying the above stated fee, I understand that no refunds will be issued in full or in part, at any time, ~OU~~denm. iL~ Signature of App~ J!F'~ ofProp"'Jl\ (?-- (e-- & <f ~ y Date FOR: R &; R l.EASlNG, INC. PO BOX 324 HUGO. MN ~ 'IElFPHONE: (651) 426-l345 SKETCH AND DESCRIPTION '1- / q.. -;.~ 0, -:::.; t:: " -:Sill 0, 0'<" ~ilI \ ~ 0'.;<' 33 ~--- \ \ 50 50 \ t-~............ I" I -- __~ \ I O'(T! \ __- /' (")~ - 0 -- 0 UI 0 o~ U \\~ '\' i \\!~ -iOt ~ . 0_ ~ ~ -n I 'lJ1~ :> \ ~ I ~Q g \ ~\ i \ l !~ \ ~ \: \ ~ \ ~ I I \ I \ : I II I \ Lu r o .;: NE corner ot the SE 1/4 ot l t"JOi (--the SE 1/.4 of Section 2.3, 33 f2~'11 TownShip .31, Range 22 -- -~ ~)------~--- " : \ . I \ \ \ j I I I I , I I ---~-,------ TOTAL ACRES: 805 SO. FT. · 0.02 AC 1"'''\ " \' A I '"" J J Y " I . \ ,..... f ,-, L_ ". It 1.,,,-.... I , 1\ lo'\ ....... '" ,-,. , ........ I" I,., I "'" -.- ,.,. It . 11\11 II I', I ""1/\ I " , L"" ,,.,....,., I I. \ I ,-, L_ r, A ,.'" I , ........ , \ ...... K . /-, I \ I , PROPERlY DESCRIPTION That part of the Southeast Quarter of the Southeast Quarter of Section 23, Township 31, Range 22, Anoka County, Minnesota, lying easterly of the easterly right of way line of County Rood No. 54. I hereby certify that this survey. pion or report was prepared \,. me or under my direct supervision and that I om 0 duly ~ensed lond Wifr under the laws of the state of Minnesota. oottZt ~(. 2002 By. ~ SIJr~..V('\~t,Ai",-n..."("\!.0 lJ~~~~.. ~ 1""<=:~ METRO.!bND SURVEYING ~~~g. UTTLE Cfi.-;~~ge; tvrV. 55'? PI-KJ/IEr.. (6!>D .7D9:'Vf1~ P AX' (6~. 766-0612 ~~l_ l\f. <tJ~.." ^_ , Table1 8/27/2004 I MrMrs I First Name I Last Name I House Number! Street Address 1 [KCI lor Current IOwner 2005;Gateway Circle 2:Rocket -- IProperties or iCurrent-Owner--! 2025:Gateway Circle 3!Royal Oaks ---lRealty or Curre I Owner --------r 201 O;Fairview Street 4!Royal Oaks - lRealty or Curre rowner~--~--- i 2034!Fairview Street - t--------------------L..------------- 5;RoyalOaks iRealty or Curre iOwner i 2062jFairview Street =--==-__ 61Re~!___-~===LManufacturing--~~curr~'!t ~!!I=_____ 6869)2Oth Avenue~S_ 7iMr. & Mrs. _ IKenneth _ jCarpenter arC l--- 6885)2Oth Ayenu~~_ 81Mr. & ~_r:;~IKenneth___________+~arpenter or C! 6895/2Oth A~nue S_ 9iCenter_______ lOaks ._---1ATTN: ~~!~J 6907i2Oth Avenu~ S_ 10iBGL jPropertles or !Current Owner 1 6939:2Oth Avenue S ! ~_._------ . I --~t----------r_:_-.--- 11 :Mr. !Wayne iRodriguez or C i 1960,Center Street --------12!Mr.-&-Mrs:--pesse-----------[Andersonor-C--1- 1965!Center Street -- ~-'-_._- ;---_____.~_._._____;____~-~---F.---! -1 I - - .---..- 13:Mr.& Mrs. I Robert _ :Schaefer or Cu i 1970iCenter Street ---- 14:-~~~=-_=------IRehbei~1'~op~ior cUI"!:..~~I2w~_L---___Jp .0. B~~~68=~ 15!Mr. (Dennis !Shudy ! 6795:2Oth Avenue S ID -- --- \~v V' Page 1 Cit Centerville Centerville Centerville Centerville Centerville Centerville Centerville Centerville Centerville Centerville Centerville Centerville Centerville Hllgg Hugo State MN MN MN MN MN MN MN MN MN MN MN MN MN MN MN Code1 55038 55038 55038 55038 55038 55038 55038 55038 55038 55038 55038 55038 55038 55038 55038 Table1 House Numbe Street Address Cit 2 2005Gateway Circle Centerville 2025 Gateway Circle Centerville 1000 County p~oadE?horeview 1 000 ~()~ntYpF3()aduE l?horeview _1QPO ~o_l1nty ROc:ld E~~oreyiew 6869 - 20th Avenue Centerville 6885 - 20th AvenueCenterville 6895 - 20th AvenueCenterville 4870 Viki~9E3o_ulevaJ\noka 705W. Lake Street Minneapolis 1960 Center Street PCenterVille- 1965 Center Street Centerville ---- ~.- . - ---~----- ,,- ----~ 1970 Center Street Centerville P.O. Box 368 Hugo 6795 20th Avenue SHugo Page 2 8/27/2004 Table1 8/27/20.0.4 State2 Zi Code2 MN 550.38 MN 550.38 MN i ~1~ MN--~--T 55126 MN i 55126 _~______~J______. MN ___________1___ _ 550.38 MN i 550.38 MN --=--==-_=~L-=-~___ 55o.3~ MN I 5530.3 MN ---------L----- 5540.8 MN _______~__:__________ 550~.!! MN _________L____ 5~o.38 MN I ~ro8 ---_._---,----_.-.-~~~--,----- ~_____L________.E5o.38 MN 550.38 Page 3 ,'. tervi((e .'l'" , 'Estafiisliecf 1851 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE NOTICE OF PUBUC BEAmNG SPECIAL USE PERMIT REQUEST PIN's #R23-31-22-44-0005 - 6805 - 20th AVENUE SOUTH, R23-31-22-44-0006 & R23-31-22-44-0009 - PROPERTY IS CURRENTLY ZONED B-1 (COMMERCIAL) PER THE CITY'S COMPRENSIVE PLAN AND THE CURRENT USE DOES NOT MEET THE CRITERIA ESTABUSHED IN ORDINANCE #4, SECTION 080-090: COMMERCIAL DISTRICT (B-1). THE PUBLIC HEARINGS WILL BE HELD BEFORE BOTH THE PLANNING AND ZONING COMMISSION AND CITY COUNCIL NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission and the City Council of the City of Centerville will consider the requested special use permit submitted by Mr. Ray Olson to allow the continued operation of semi-tractor trailer storage, restoration and resale on PIN #'s R23-31-22-44-0005, R23-31-22-44-0006 & R23-31-22-44-0009. The meetings are scheduled for Tuesday, September 7, 2004 and Wednesday, September 8, 2004 respectively at 6:30 p.m. or shortly thereafter. The purpose of the meeting is to ascertain public input regarding the above request and the possibility of granting the special use permit as requested. Both public hearings will be held in Council Chambers located at 1880 Main Street, Centerville, Minnesota 55038. The City Hall is ADA accessible. Requests for hearing assisted devices or a sign language interpreter must be received before 4:00 p.m. September 3, 2004. 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: ksykes@centervillemn.com or tbender@centervillemn.com with questions or concerns. This notice is also available on the City's web site: www.centervillemn.com. August 17,2004 Teresa Bender, City Clerk-MCMC Published in the Quad Community Press on August 24 and August 31, 2004 r.._ :IIIIIrr - -- !I: 1I C IT Y o F L I N 0 -.. LAKES ... CE,IWl $TII'EET .. Q~D. 'cl~fi ... c;i~O' ."2: '" .:;! ;:,~~~:~~,1,-~~ .0 ,--,'/,/-'~;'~:~--- o ..... o .... D:J "" .. .0 ..iJ .[1"' . o. . tervi[[e 'Esta6Cisnea1E57 1880 ~in Strut, Centerv{lfe, 'MW 55038 (651)429-3232 Jax (651)429-8629 RECEIVED OF AMOUNT B & R Pro......rtles $194.00 . FOR: CHECK # 10187 SN>t'laI Use Permit R.....uest SURCHARGE 6805. 20th Avenue BY Terua BatdD August 9, 2004 Thank you for your business. Receipt# 1084 ..J, eivtervi{{e 'Estafj{ished 1857 1880 :Jv[ain Street . Centervi[[e; 'Jv['J..L 55038 (651) 429-3232 . 'Yare (651) 429-8629 CITY OF CENTERVILLE SPECIAL USE PERMIT REQUEST NAME 'Sf>llr () 150"",, FEE /91. 09 <j- ,&tJ 4- .bJ' hei COMPANY~T R. f'~p'ed6es PAID ADDRESS: _ () _)' ~ <~ .ftt flu e-- , TELEPHONE NUMBER:~i~?Ji - ;;z,tlLft( STREET LOCATION OF PROPERTY' D S" OW ~ ;1\ i/,J.e_. ~. PROPERTY IDENTIFICATION NUMBER: ~ ;2.5 Jl2 ~, Db oS 00 0 '10007 LEGAL DESCRIPTION OF PROPERTY see UJ;p I e.--:5 If' SIZE OF PARCEL(S): H"tt<o"/Q. , SP~CIAL USE PERMIT REQUEST oY e.p..il C .:-e VI e - . 'tJ~.. 111'",,- A f ~ /-iJbri 0.4? l::t.. 'to J;<,t.{Yk>Be/IJ ./Pt"S ~ /11,4X .. PLANNING & ZONING ACTION: CITY COUNCIL ACTION: 1 have read the attached Ordinance #4, Division 195: Special Use Pennits (Page 57 - 58). 1 was also presented with that Section of Ordinance #4 that 1 may/may not be in compliance with and fully understand that if 1 am denied the ramifications of same. By paying the above stated fee, 1 understand that no refunds will be issued in fi1l1 or in art, at any item, even if the OlltcO:~~ Signature of Applicant Nff ~I 0'-/ Date ) tervi{{e 'Esta6{islietf 1857 1880 'Main Street, Centervirfe, 'M'l'f 55038 (651)429-3232 fax (651)429-8629 RECEIVED OF CHECK # 10187 SURCHARGE 6805 - 20th Avenue BY Teresa Bender August 9, 2004 Thank you for your business. , Receipt # 1 0 8 4 AMOUNT $194.00 10 MrMrs First Name 1 Mueller Pipeliners 2 B & R Properti or -- ~- , 3 First Class Concrete 4 Mr. Reubin Linz 5 J & L /nvestmeor 6 R & R Leasing or Table1 Last Name or Current Own Current Owner or Cu rrent Own or Current Own Current Owner Current Owner Page 1 8/27/2004 House Number Street Address 6812 - 20th Avenue 6805 - 20th Avenue 6845 - 20th Avenue 6867 - 20th Avenue .201 ~gate\\,aYc;iLc:'e 6805- 20th Avenue Cit Centerville Centerville Centerville Centerville Centerville Centerville State IMN IMN '- [MN [MN IMN iMN __L ! Code 1 55038, 55038 ; 55038 ' 55038 ' . 55038\ [- 55038 : T able1 Page 2 8/27/2004 Field2 Field1 Cit 2 2939iSouth 166 Stre INew Berlin 6805!- 20th Avenue !Centerville 740,- 148th Avenue iHam Lake 6867i- 20th Avenue !Centerville 35611centerville Roa !VadnaiS Height 6805,- 20th Avenue Hugo State2 WI MN MN MN MN MN TabJe1 8/27/2004 Code 53151 55038 55304 55038 55127 55038 Page 3 M.....e...m. ..I\ n '; .. T;li\ . "',j :..;\./;., '.i ",'-,-, -if TO: Planning and Zoning Commission J~. Teresa Bender, City Clerkl\ . FROM: SUBJECT: Ordinances #4,6, 6A, 39, 50 & 54 (Enforcement, Procedure for Removal/Abatement, Penalty & Recovery of Costs) DATE: July 30, 2004 It has been brought to the attention of staff that there are many inconsistencies within ordinances and the above are just a few for you to review. Staff would like to combine Ordinance #6, 6A, 50 & 54 as a nuisance ordinance with consistent Enforcement Removal/Abatement, Penalty & Recovery of Costs language. Staff would like to add Procedure for Removal/Abatement, Penalty & Recovery of Costs to Ordinance #4 which does not contain language regarding these issues. The Building Official has requested that Ordinance #39 remove language regarding Building Official and danger of falling. The Building Official feels that the Zoning Administrator, designee or Police Department may also enforce the ordinance. Ordinance #39 does not contain language regarding Penalty & Recovery of Costs. Staff will continue to review these ordinances and provide additional information at the meeting. Effective 11/23n3 City of Centerville - Ordinance #6 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #6 AN ORDINANCE PROHffilTING THE MAINTAINING OF NUISANCES WITHIN THE VILLAGE OF CENTERVILLE, MINNESOTA; DEFINING NUISANCES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF: THE VILLAGE COUNCIL OF THE VILLAGE OF CENTERVlLLE ORDAINS: SECTION 1. No person, firm or corporation shall cause or permit any nuisance as hereinafter defined to be maintained or permitted upon private or public property within the Village of Centerville, Minnesota. SECTION 2. Nuisance is hereby defined and constitutes the following: 1. Accumulation of tin cans, bottles, trash, ashes, or debris of any nature of description. 2. The parking, keeping, placing or storing of, or the permitting of parking or storage of old machinery or junk cars on public street or alley, or on any private lands or premises which are owned, occupied or controlled by the one so doing, or so permitting, except where such is being pursued in accordance with existing zoning and the issuance of a special use permit therefore. This shall also apply to anyone who shall park, keep, or place such vehicle even ifhe be not the owner of the lands upon which such vehicle is parked, kept, or placed. For the purpose of this section, a junk car means any motor vehicle which is not in operable condition, or which is partially dismantled, or which is used for sale of parts or as a source of repair of replacement parts for other vehicles, or which is kept for scrapping, dismantling, or salvage of any kind, or which is not properly licensed for operation within the State of Minnesota by the State of Minnesota. An application for a special permit may be made by the property owner on which the vehicle will be stored. The special permit can be issued by the Clerk/Administrator if the following conditions are met: - There is only one non-registered/non-operable vehicle on the property. Page 1 of3 Effective lI/23n3 City of Centerville - Ordinance #6 - All property owners within 150 feet of the property on which the vehicle is proposed to be stored will be mailed a notice informing them of the permit application and given the opportunity to comment. (City staff will make the determination of which property owners are within 150 feet of the applicant's property). - The City has not received more than one (1) documented negative comment from the property owners within 150 feet ofthe applicant's property. - The Public Works Director has reviewed the site and submitted a recommendation that the outside storage of the vehicle appears to not be disruptive to the surrounding area and does not interfere with easements and street right of ways. - The vehicle does not appear to pose a hazard as determined by the Public Works Director. Such special permit will expire on December 31 of each year. Special permits must be renewed annually and shall be non transferable. Permits taken out during the year will not be prorated. Should the applicant meet the above requirements and the Clerk! Administrator grants the permit the applicant shall pay an annual fee to the City of Centerville. The fee shall be as determined in the City Fee Schedule which shall be reviewed annually. Special conditions which are unique to the individual application may be imposed. Application denied by the Clerk! Administrator may appeal to the City Council. Properties which have more than one non-registered/non-operable vehicle and request a special permit shall make application to the City Council versus the Clerk! Administrator. 3. Placing the contents of any cesspool, septic tank, privy vault or garbage can upon the surface of the ground. 4. Placing paper, litter or debris upon open ground. 5. Causing or allowing any unnecessary noises or annoying vibrations. SECTION 3. Any person who shall violate an rovisions of this ordinance shall be guilty of misdemeanor pon conviction thereof shall be punished by a fine not exceedin or by imprisonment in the County Jail for not more than 90 day ~,,)t~t-/ ~r~ SECTION 4. This ordinance shall be in full force and effect from and after its publication. Amended 3/14/90 Page 2 00 Effective 11/23n3 City of Centerville - Ordinance #6 Passed by the Village Council this 14th day of November, 1973. (Signature on File) Mayor, Walter Prachar (Signature on File) Lu Marcello, Clerk-Treasurer Published in the Spring Lake Park Life on November 23, 1973 Page 3 of3 . Effective: 03/04/86 City of Centeryille - Ordinance #6-A CITY OF CENTERVILLE COUNTY OF ANOKA STATE OF :MINNESOTA . ORDINANCE # 6-A AN ORDINANCE PROVIDING AN ABATEMENT PROCEDURE FOR NUISANCES . The City Council of the City of Centerville does hereby ordain: SECTION 1. Declaration of Policy. The City Council of the City of Centerville has determined that the health, safety, good order, general welfare, and convenience of the public is threatened by certain public nuisances on property within the City limits. It is declared to be the intention of the Council to abate these nuisances, and this ordinance is enacted for that purpose. SECTION 2. Whoever, by his act or failure to perform a legal duty, intentionally does any of the following is guilty of maintaining a public nuisance and may be ordered to abate the nuisance as provided herein, charged with a misdemeanor, or both: tA ~ 1. . J Maintains or permits a condition which unreasonably annoys, 1f?u injures, or endangers the safety, health, morals, comfort or repose ~ of any considerable number of members of the public. .. j . n .~ IAfJ. 2. Interft::res with, obstructs, or renders dangerous for passage any ~_ " 1) v_PUbliC highway or right of way, or waters used by the public. ~ U 3 Willfully opposes or obstructs a health officer of physician charged r\ j 1 91 () l . with the enforcement of the health laws in performing any legal V duties. , W\(J> '" \r ~D 1;D 4. Is guilty of any other act or omission declared by state law or City ordinance to be a public nuisance. SECTION 3. Hearing Examiner. 11 o/~ 1. Position Created. The position of Hearing Examiner is hereby created. The City Council may contract with third parties for the furnishing of all services of the Hearing Examiner as contained in this ordinance and set the rate of compensation therefore. 2. Duties of the Hearing Examiner. The Hearing Examiner shall have the following duties: Page 1 of 4 Effective: 03/04/86 City of Centerville - Ordinance #6-A 1. Set dates and hear all contested cases following appeals of orders of the Zoning Administrator or Chief Building Official. 2. Take testimony from all interested parties. 3. Make a complete record of all proceedings. 4. Affirm, repeal or modify the. order of the Zoning Administrator or Chief Building Official and prepare written fmdings of fact. SECTION 4. Inspection and Investigation. 1. - b ~/ ~. -~ ~ .1 \ , l;~' nl t roJ- Vrr~ =!f Periodic Inspection. The Zoning Administrator or Chief Building Official shall cause to be inspected all public and private places within the City which might contain a public nuisance as defmed in this Code as often as practicable to determine whether any such conditions exist. The Zoning Administrator or Chief Building Official shaH also investigate all reports of public nuisances located within the City. Entry on Public and Private Places. The Zoning Administrator, Chief Building Official or their duly authorized agents may enter upon all public and private places at any reasonable time for the purposed of inspecting those places for public nuisances. SECTION 5. Abatement of Nuisances. Upon a detennination by the Zarling Administrator or Chief Building Official that a public nuisance exists on any public or private property within the City, the Zoning Administrator or Chief Building Official shall order the public nuisance to be abated in a manner consistent with the City Ordinances and state law. SECTION 6. Procedure for Removal of Public Nuisances. 1. Whenever the Zoning Administrator or Chief Building Official fmds with reasonable certainty that a public nuisance exists on any public or private property in the City of Centerville, he shall notify the affected property owner by personal service or by certified mail that the nuisance must be abated within a reasonable time, not less than twenty (20) days from the date of service of the notice. Service by certified mail shall be deemed complete upon mailing. The order shall state with specificity the nature of the violations and the requirements for compliance. The order shaH also state that the property owner may, within twenty (20) days of the date of the order request a hearing before the Hearing Examiner and shall set out the procedure by which that hearing may be requested. The order shall also state that failure to abate the nuisance or request a hearing within the Page 2 of 4 Effective: 03/04/86 City of Centerville - Ordinance #6-A applicable time periods will result in summary abatement procedures, and that the cost of abatement will be assessed against the- subject property. Upon expiration of the time required by the notice, the Zoning Administrator or Chief Building Official may abate the nuisance unless a request for a hearing has been timely filed. 2. Any property owner who feels aggrieve by an order of the Zoning Administrator or Chief Building Official issued pursuant to this ordinance may request a h~aring before the Hearing Examiner. Such request shall be filed in writing with the office of the City Clerk within twenty (20) days after service of the notice by the Zoning Administrator or Chief Building Official. The City Clerk shall notify the Hearing Examiner who shall notify the property owner of the date, time and place of the hearing. The hearing shall be conducted no more than ten (10) days after the Hearing Examiner receives notice of the request, unless a later date is mutually agreed to by the Hearing Examiner, the property owner and the City. Bother the property owner and the City may appear at the hearing with counsel and may call such witnesses and present such evidence as is determined by the Hearing Examiner to be relevant. The Hearing Examiner's order shall be accompanied by written findings of fact. Any person aggrieved by the decision of the Hearing Examiner may appeal that decision to the City Council by filing notice of such appeal with the office of the City Clerk. At its next available regular meeting, following the filing of a notice of appeal, the Council shall review the decision and findings of the fact of the Hearing Examiner and shall affirm, repeal or modify that decision. The city shall take no action to abate any nuisance while the matter is still pending before the Hearing Examiner or the City Council. 3. The Zoning Administrator of Chief Building Official shall keep a record of the costs of abatements done under this ordinance and shall report monthly to the City Clerk or other appropriate officer all work done for which assessments are to be made, stating and certifying the description of the land, lots or parcels involved and the amount assessable to each. 4. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for each abatement, against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the County Auditor and collection the following year along with current taxes. Such assessment shall be payable in no more than ten (10) equal armual installments, pursuant to Minnesota Statutes, Section 429.,Q1', Subdi\ision ~ JDI Page 3 of 4 Effective: 03/04/86 City of Centerville - Ordinance #6-A SECTION 7. Interference Prohibited. No person shall prevent, delay or interfere with the Zoning Administrator, Chief Building Official or their agents while they are engaged in the performance of duties set forth in this ordinance. SECTION 8. Validity. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity ofthe remaining portions of the ordinance. SECTION 9. Penalty. Any person violating any provision ofthis ordinance shall be guilty of a misdemeanor as defined by state law and subject to the penalties thereof. SECTION 10. Effective Date. This ordinance shall take effect and be in force upon its passage and publication required by law. Adopted by the Centerville City Council on the 1ih day of February, 1986. (Signature on File) Leon R. L'Allier, Mayor ATTEST: (Signature on File) Debra K. Gonsior, Clerk Published in the Quad Community Press March 4, 1986 Page 4 of4 Effective 05-01-01 City of Centerville Ordinance #39 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE # 39 An ordinance regulating signs in the City of Centerville, Minnesota and providing for the administration and enforcement of such regulations. The City Council of the City of Centerville ordains as follows: DIVISION 10: . General Provisions Section 010-010: Title. This ordinance shall be known as Ordinance #39, City of Centerville Signage Ordinance except as herein referred to as "this Ordinance". Section 010-020: Purpose and Intent. It is the purpose of this Ordinance to: · Establish a set of standards for the fabrication, erection, use and maintenance for signs, symbols, markings, advertising devices or other items that serve as visual communication media. · Allow creativity in sign design while at the same time ensuring that the public is not endangered, annoyed, distracted or displeased by unsafe, disorderly, indiscriminate and unnecessary use of visual communication media. · Administration and procedures for requiring permits, payments of fees and providing for penalties for non-compliance. Section 010-030: Repeal of Conflicting Ordinances. Those parts of Ordinance #4 (Zoning Ordinance) or any parts of other Ordinances inconsistent herewith are hereby repealed. In all other respects said Ordinance #4 (Zoning Ordinance) and other Ordinances shall remain in full force and effect. Section 010-040: Definitions. Advertising Sign - An "Advertising Sign" is a sign, which directs attention to a business commodity, service or entertainment not exclusively, related to the premises where such a sign is located or to which it is affixed. Area Identification Sign - A freestanding sign that identifies the name of a residential subdivision, commercial or industrial development. Billboard - A sign erected for the purpose of advertising a product, event, person or subject not entirely related to the premises on which the sign is located. Page 1 of 11 Effective 05-01-01 City of Centerville Ordinance #39 Business Frontage - The Jinear frontage of that portion of a building facing the right-of-way and occupied by one separate business. Business Sign - A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. Canopy - A permanent roof structure attached to and supported by the building. Changeable Copy Sign - Any sign that is characterized by changeable copy, letters or symbols, regardless of method of attachment. Directional Sign - An on-premises sign designed to guide or direct pedestrian or vehicular traffic. Flags - Devices generally made of flexible materials, such as cloth, paper of plastic, and displayed on poles, strings or wires, but excluding the flag of any country or state. Flashing Sign - An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. Freestanding Sign - Any sign supported by structures or supports that are permanently anchored in the ground and that are independent from any building or structure. Historical Identification Symbols - Those symbols which have historically been identified with the service the establishment provides, are common to similar enterprises in all other localities and are not a particular trademark or business identification. Illuminated Sign - A sign that has an artificial light source directed upon it or which has an interior light source. Major Anchor - A single tenant in a shopping center that is at least 20% of the total square footage and in excess of 50,000 square feet. Motion Sign - A sign that revolves, rotates or moves. Political Sign - Any sign which states the name or picture of an individual seeking election or appointment to a public office, or pertaining to a forthcoming public election or referendum, or pertaining to or advocating political views or policies erected on private property, which is erected by a bona fide candidate for political office or by a person or group supporting such a candidate and which contains the name of the person or group supporting such a candidate and which contains the name of the person or group chairman responsible for the erection and removaJ of the sign. Page 2 of 11 Effective 05-01-01 City of Centerville Ordinance #39 Portable Sign - Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T -frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day-to-day operations of the business. Setback - The minimum horizontal distance between a lot line and a building Iihe or use. Sign - The term "Sign" shall mean a name, identification, description, display, illustration structure or device which is affixed to, or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. Sign Area -: The entire area within a continuous perimeter enclosing a sign, exclusive of sign embellishments, which may extend beyond said perimeter as regulated herein; such perimeter shall not include any structural elements lying outside of said sign and is not an integral part of the display. Double-faced signs are permitted with the maximum square footage allowed on each face as that allowed for a single face sign; multi-faced sign areas may not exceed the area permitted for a single faced sign. Sign Height - Height shall be measured from grade to the uppermost points or level of sign surface. Temporary Sign - A sign that is not permanently affixed. All devices such as banners, pennants, flags (not intended to include flags of any nations) searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures. Wall Advertising Sign - An advertising sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. Window Sign - A sign affixed to or inside a window in view of the general public, but excluding merchandise on display. . DIVISION 15:. General Regulations . A. Signs are prohibited within the public right-of-way or. easements except that the City Council may grant a Special Use Permit to locate signs and decorations on or within the right-of-way for a specified period of time. Page 3 of 11 Effective 05-01-01 City of Centerville Ordinance #39 B. Flashing signs, motion signs or similar devices shall be prohibited in all districts except commercial district signs that meet the criteria detailed in the commercial district standards. Approved traffic signs are exempt from this provision. C. Unless specifically allowed in this Ordinance, interior illuminated signs are permitted in all districts except Residential. All illuminated signs shall have a shielded light source. D. Business signs shall not be painted, attached, or in any manner affixed to trees, rocks or similar natural surfaces. No signs of any type shall be painted directly on to the roof or the sides of a building. E. Signs that interfere with the ability of vehicle operators or pedestrians to see traffic signals, or which impede the vision of traffic by vehicle operators or pedestrians are prohibited. F. Signs shall not project above the roofline of any structure without the issuance of a Special Use Permit. G. No sign shall physically obstruct any window, fire escape or opening intended to provide entry or exit to any structure or building or public way. H. All signs and sign structures shall be properly maintained in a safe, orderly condition at all times, including the replacement of defective parts, cleaning and other items required for the maintenance of the sign. Vegetation within ten feet in any direction of the base of ground signs shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. I. No signs may be placed on utility poles in the community. J. There may be no more than one identical sign per lot in a residentially zoned area. K. The changing of the advertising message of a painted or printed sign, or changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign permit, but will otherwise be done in compliance with this Ordinance and any other applicable laws. L. No sign may by reason of its location, color or intensity, create a hazard to the safe and efficient movement of Page 4 of 11 Effective 05-01-01 City of Centerville Ordinance #39 vehicles or pedestrian traffic. No private sign may contain words that might be construed as traffic controls, such as "Stop", "Caution", 'Warning", or otherwise resemble any official marker erected by a governmental body or agency, unless such sign is a directional sign. DIVISION 20: Permitted si~ns with no permit required Section 020-010: Political Signs. Political signs posted by bona fide candidates for political office or by a person or group promoting a political issue for a candidate may be placed in any district subject to the requirements of the district. Campaign signs may be posted for a period not to exceed sixty (60) days and shall be removed within seven (7) days following the date of the election. Only one sign (1) per candidate will be allowed per lot. Section 020-020: Temporary Signs. A. Temporary banners and pennants shall be displayed for no more than fourteen (14) days. A maximum of six (6) occurrences per year are allowed. Banners or pennants determined to be an integral part of the design or architecture of a building are permitted. B. One temporary identification sign, setting forth the name of the project, architect, engineers, contractors, planners and financing agencies, may be installed at a construction site in any district for the period of construction. The sign area of a temporary identification sign shall not exceed thirty-five (35) square feet. C. In any district, one (1) temporary real estate sign may be erected for the purpose of advertising the lease or sale of property upon which it is placed. Only one (1) such sign shall be permitted per street frontage. Such sign(s) shall be removed within seven (7) days following the lease or sale of the property. The maximum size of such signs for each district is as follows: Residential Districts - Ten (10) square feet Commercial Districts - Thirty-two (32) square feet Industrial Districts - Thirty-two (32) square feet Mixed-Use Districts - Sixteen (16) square feet Agricultural/Rural Residential - Thirty-two (32) square feet In any district, one (1) temporary "help wanted" or "now hiring" sign may be erected for the purpose of advertising employment positions. Only one (1) such sign shall be permitted per street frontage. Such sign Page 5 of 11 Effective 05-01-01 City of Centerville Ordinance #39 shall be removed upon filling the employment position. The maximum size of such signs for each districts are as follows: D. Commercial District - Thirty-two (32) square feet Industrial District - Thirty-two (32) square feet Mixed-Use District - Sixteen (16) square feet Agricultural/Rural Residential - Thirty-two (32) square feet E. Signs pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided permission of the Council must be obtained to erect such signs upon or over public property and provided further that such signs shall not be erected or posted for a period of more than fourteen (14) days prior to the date of the event and must be removed within three (3) days after the event. Section 020-030: Directional Signs. Directional signs having a surface area not greater than five (5) square feet. Section 020-040: Memorial Signs. Memorial signs or tablets, or names of buildings and date of erection when cut into a masonry surface of constructed of metal, wood or stone and attached to the building not exceeding a sign surface area of four (4) square feet. Section 020-050: Freestanding Signs. Freestanding signs for garage sales or similar events occurring within the corporate limits of the City, not exceeding four (4) square feet in sign surface area, erected on private property with permission of the landowner, and displayed for not more than three (3) consecutive days. Section 020-060: Window Signs. Temporary or permanent window signs duly authorized by zoning and other laws of this City, provided that all such signs on a frontage shall not have a total sign surface area greater than 50% of the glass area, excluding doors, on such frontage and provided that a minimum of one-half of the open window space must be below a horizontal line which is five (5) feet above the interior floor of the commercial establishment. Merchandise displays in windows shall not be considered a part of the sign area if such display is not to be continued for a period of more than eight (8) weeks. DIVISION 25: Portable Signs Portable signs are prohibited in residential districts. Portable signs in all other districts are allowed with permit as specifically authorized below. Portable signs used for the purpose of directing the public will be permitted subject to the following conditions: A. Said sign is coincidental to or used in conjunction with a public function; and Page 6 of 11 Effective 05-01-01 City of Centerville Ordinance #39 B. Said sign is used for a special business promotion or event; and C. The period of use for such a sign shall not exceed fourteen (14) consecutive days; and D. No business may have more than six (6) special promotions or events per year; and E. Portable signs may not exceed eighty (80) square feet. DIVISION 30: District Regulations Section 030 - 010: Residential/Public Districts (R1,R2, R2A, R4, R5, P1) Permitted Signs A. Residential Identifications - Not more than two (2) square. feet per nameplate or six (6) square feet in area for each multiple-family building. B. Institutional Identifications - Churches, schools, parks etc. allowed up to thirty-two (32) square feet; not taller than eight (8) feet. C. Business Signs - Home-based businesses may have a sign that is no larger than four (4) square feet. The sign may not be an interior-illuminated sign. Section 030 - 020: Commercial District (81) Permitted Signs A. Wall Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. B. Free Standing Signs - One (1) free standing sign per business or business complex provided, however, said sign does not exceed two hundred (200) square feet in area and thirty-five (35) feet in height. C. Area Identification Signs - One (1) area identification sign is permitted per street frontage, however said sign does not exceed sixty four (64) square feet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-of-way. Section 030-030: Industrial District (11) Page 7 of 11 Effective 05-01-01 City of Centerville Ordinance #39 Permitted Signs A. Wall Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. B. Free Standing Signs - One (1) free standing sign per street frontage provided, however, said sign does not exceed two hundred (200) square feet in area and thirty-five (35) feet in height. C. Area Identification Signs - One (1) area identification sign is permitted per street frontage, however said sign does not exceed sixty four (64) square feet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-of-way. Section 030-040: Mixed-Use District (M1) Permitted Signs A. Wall Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. B. Canopy Signs - Signs on these structures are allowed as long as the sign area does not exceed ten percent (10%) of said wall area. C. Ground Signs - One (1) ground sign is permitted per street frontage; however, said sign does not exceed eight (8) feet in height and thirty-two (32) feet in area. DIVISION 35: Comprehensive Siqn Plan Required A comprehensive sign plan is required at the time of Planning and Zoning Commission review of any proposed new commercial or industrial development. Said plan shall indicate the location, size, height, color, lighting and orientation of all proposed signs and shall be submitted for approval pursuant to the regulations of the City of Centerville. Building permits and inspections are necessary as required by building and electrical code. Fees for required permits or hearings shall be set by approved annual resolution of the City Council. Section 035-010: Application for Permit. Every application for a sign permit must be accompanied by a plan drawn to scale and including the following: A. The dimensions of the sign and where applicable the dimensions of the wall surface of the building to which it is to be attached. Page 8 of 11 Effective 05-01-01 City ofCenterville Ordinance #39 B. The maximum and minimum height of the sign. C. The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. D. The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. E. If the sign is to be illuminated, the technical means by which this is to be accomplished and the hours of illumination. F. Where the sign is to be attached to any existing building, a diagram or photograph of the face of the building to which the sign is to be attached. G. The name and address of the owner of the sign and the address of the property where the sign is located. H. Where a ground level sign is proposed with berming, a diagram showing grade level and dimensions of the berm. I. When a multi-tenant comprehensive sign plan is submitted, the plan must include the location, size, height, 'color lighting and orientation of all signs. J. Where a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from the established grade, size, color, lighting and hours of illumination. DIVISION 40: Adjustments and Appeals The commission of adjustments and appeals will be comprised by all members of the Planning and Zoning Committee. The Planning and Zoning Committee will hear and make recommendations to the City Council regarding: A. Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the City in the enforcement of this Ordinance. B. Petitions for variances from the literal provisions of this Ordinance in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. Criteria for granting a variance will be the same as the criteria for granting a variance in the City's zoning ordinance. Page 9 of 11 Effective 05 -01-0 1 City of Centerville Ordinance #39 DIVISION 45: Non-Conforming Signs Section 045-010: Legal, Conforming. All signs existing as of the adoption date of this ordinance conforming to the requirements of this ordinance and not requiring a permit under the provisions of this ordinance, may be maintained so long as the sign continues to comply with the provisions of this ordinance, as it may from time to time be amended. Section 045-020: Legal, Non-Conforming, Signs. All signs existing as of the adoption date of this ordinance which would be prohibited by ordinance or which would require a permit under this ordinance but have not received a permit, will be deemed to be legal non-conforming signs. Legal non-conforming signs may continue to exist without a permit and without constituting uua violation of this ordinance until one or more of the following occurs: A. The sign is structurally altered (except for normal maintenance) in a way that makes the sign less in compliance with this ordinance than it was before the alteration. B. The sign is relocated to a position making it less in compliance with this ordinance than it was before the relocation. C. The sign is replaced. . f)/ Any new primary sign is erected or placed in connection with I / I~ O. the enterprise using the legal non-conforming sign. I I ~ v DIVISION 50: Enforcement ~~ " ~ If a sign is in violation of this ordinance, or is in danger of falling, or i~erwise a ~~ Jv menace to the safety of persons or property, the Building Official may give to the owner of the property on which the sign is located, written notice specifying the violation, ordering the cessation of the violation and requiring either the removal 7 of the sign or remedial work in the time and manner specified in the notice. In ~J2. the event of failure to comply with the notice within thirty (30) days, the Building /" V'~ Official may remove the sign or cause such remedial work to be done. The cost of the work performed by the City, must be paid to the City by the owner of the property on which the sign is located. If payment is not made within thirty (30) days after a statement of costs is sent to the owner, the costs may be assessed against the property by certifying the costs to the County. If a sign that has been removed is not reclaimed and costs paid within thirty (30) days after its removal, the sign may be sold or otherwise disposed of by the City. If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and reasons for the removal will be given to the owner of the property on which the sign is located as soon as possible. D. 'lMHit. Page 10 of 11 7 ... ,r.( Effective 05-01-01 City of Centerville Ordinance #39 DIVISION 55: EFFECTIVE DATE This ordinance shall take effect the day following the second publication in the city's official newspaper. (Siqnature on File) Tim Swedberg, Mayor Attest: (Siqnature on File) Jim March, City Administrator Adopted: April 11 ,2001 Published in the Quad Community Press on May 1,2001 Page 11 of 11 Effective: 12/26/90 City of Centerville Ord. #50 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #50 AN ORDINANCE REQUIRING PROPERTY OWNERS TO PROVIDE FOR REMOVAL OF SNOW, ICE, DIRT, AND RUBBISH FROM SIDEWALKS ADJACENT TO THEIR PROPERTY. The City Council of the City of Centerville does ordain: SECTION 1. CLEANING OF SIDEWALKS. All owners of property in the City of Centerville shall provide for the removal of snow, ice, dirt, debris, litter, branches and other obstructions or accumulation of materials from all public sidewalks adjacent to their property within 24 hours after its deposit thereon. SECTION 2. REMOVAL BY CITY: ASSESSMENT OF COSTS. Any snow, ice, dirt, debris, branches and litter remaining on the public sidewalks of the City is in violation of this ordinance and may be removed by the Director of Public Works or his designee. The Director of Public Works shall determine the cost of such removal and the owner of the property abutting the sidewalk from which the City has made such removal shall be charged for said cost. On or before September 1 of each year, the City Clerk shall list the total unpaid charges for removal from a public sidewalk of snow, ice, debris, branches and litter against each separate lot or parcel to which they are attributable under this ordinance. The Council may then spread the assessment charges against the property benefited as a special assessment under Minnesota Statutes, Section 429.101 and other pertinent statutes for certification to the County Auditor and collection along with the current taxes the following year. SECTION 3. IMPROVEMENTS/OWNERSHIP. Nothing contained in this ordinance shall prevent the City Council of the City of Centerville from undertaking any public improvement with respect to the construction, maintenance, replacement, repair, relocation, or removal of sidewalks in the City of Centerville pursuant to Minnesota Statutes Chapter 429 or any other applicable ordinance, statute or law. Further, this ordinance shall not be construed as to empower the owner of any land adjacent to any public or municipal sidewalk to claim ownership thereof, to remove any sidewalk without the replacement thereof, or to place or permit any form of barricade, obstruction, or other hindrance to the free passage of any pedestrian thereon, without the express written consent of the City Council of the City of Centerville. Page 1 of2 SECTION 4. PENALTY. Effective: 12/26/90 City of Centerville Ord. #50 Any person who violates, disobeys, omits, neglects or refuses to comply with the provisions of this ordinance shall be guilty of a petty misdemeanor and upon conviction shall be punished as defmed by State statute. Adopted by the City Council this 26th day of December, 1990. ATTEST: (Signature on File) George Haberman, Mayor (Signature on File) Tamara Mitz-Miller, Clerk/Administrator Page 2 of2 STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE #54 AN ORDINANCE REGULATING WEEDS AND GROWING GRASSES AND PROVIDING PENALTIES. THE CITY COUNCIL OF THE CITY OF CENTERVILLE, MINNESOTA DOES ORDAIN: Section 1. Section 2. Section 3. Section 4. Definition. "Weeds" shall be defined to mean and include all noxious weeds as defined by the statutes of the State of Minnesota and all such useless and troublesome plants as are commonly known as weeds to the general public. Noxious Weeds. Because the growth of noxious weeds and other harmful vegetation is subject to needless abuse, creating a detriment to public health, comfort, and safety of the residents of the City of Centerville, as well as, creating a general aesthetic depreciation, the growth of such vegetation is hereby declared to be a public nuisance. Growing Grass. Weeds or grasses growing to a height greater than twelve (12) inches upon any lot or parcel within the City, or which have gone or about to go to seed, may be declared to be a public nuisance. In determining whether weeds or growing grasses constitutes a public nuisance the foregoing factors shall be considered: 1. The weeds or grasses are located within 100 feet of an occupied dwelling, office or industrial building. 2. That the weeds or grasses create a general aesthetic depreciation of the neighborhood. 3. The weeds are noxious weeds as defined by Minnesota State Statutes. 4. The weeds or grasses are a detriment to the public health, comfort or safety, of the residents ofthe City. Enforcement. The Police Department, Zoning Administrator, Building Official or other agents shall enforce the provisions of this Ordinance. These departments shall have the power to inspect private premises and take all reasonable precautions to prevent the commission or maintenance of public nmsances. Section 5. Section 6. Section 7. Section 8. Effective June 26, 1991 City of Centerville Ord. #54 Abatement. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on the premises in the City, the officer shall notify in writing the owner/occupant of the premises of such fact and shall order that said nuisance be terminated and abated. The notice shall be served in person or by certified or registered mail. The notice shall specify the steps to be taken to abate the nuisance and the time; not exceeding five (5) days, within which the nuisance is to be abated. Such notice shall also state that in the event of non-compliance, abatement will be done by the City of Centerville at the owner's expense. When no owner, occupant or agent of the owner can be found, notice shall be sent by registered mail to the person who is listed on the records of the county auditor or county treasurer as the owner; service will be complete with mailing. If the notice is not complied with within the time specified, the enforcing officer shall abate the nuisance. Recovery of Costs. The owner of the premises on which such a nuisance has been abated by the enforcing officer shall be personally liable for the cost to the City of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, the City Clerk or other official designated by the Centerville City Council shall prepare a bill for the cost and mail it to the owner. Thereupon the amount shall be immediately due and payable at the office of the Centerville City Clerk. If these amounts are not paid the City Clerk shall, on and before September 1, next following abatement of the nuisance, list the total of unpaid charges for each abatement against each separate lot or parcel to which they are attributable under this section. Council may spread the charges or any portion thereof against the property involved as a special assessment under other pertinent statutes, for certification to the county auditor and collection the following yearly along with current taxes. Such assessment shall be payable in no more than ten (10) equal annual installments, pursuant to Minnesota State Statute 429Pl:Sw!"j. :.:. Appeal. Any person aggrieved by a decision of the enforcing officer or his assistants, may appeal that decision to the City Council by filing a written request with the enforcing officer, or his assistants, within five (5) days of service of the notice provided herein. The enforcing officer, or his assistants, shall within five (5) days cause the appeal to be placed on the next regular City Council agenda and shall notify the appellant of the date, time, and place of such meeting. The City Council shall have authority to affirm, amend, or reject the decision of the enforcing officer. Separability. Should any section, subdivision, clause, or other provision of this Ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance as a whole nor any part thereof other than the part so declared to be invalid. Page 2 of3 Effective June 26, 1991 City of Centerville Ord. #54 Section 9. Penalty. Any person violating any provision of this Ordinance is guilty of a misdemeanor and upon conviction thereof shall be punished as defined by Minnesota State Statute. Section 10. Additional Penalty. It is a misdemeanor for any person to prevent, delay or interfere with City employees when they are engaged in the performance of duties set forth in this chapter. Adopted by the Centerville City Council this 26th day of June, 1991. ATTEST: (Signature on File) Mayor, George Haberman (Signature on File) Clerk/Admin., Tamara M. Mitz-Miller Amended on: July 28, 1993 Published in the Circulating Pines on September 16, 1993 Amended on: December 27, 1995 Page 3 of3 Minnesota Statutes 2003,429.101 Page 1 of2 Minnesota Statutes 2003, Table of Chapters Table of contents for Chapter 429 429.101 service charge as special assessment on benefited property. Subdivision 1. Ordinances. (a) In addition to any other method authorized by law or charter, the governing body of any municipality may provide for the collection of unpaid special charges for all or any part of the cost of: (1) snow, ice, or rubbish removal from sidewalks; (2) weed elimination from streets or private property; (3) removal or elimination of public health OE safety hazards from private property, excluding any structure included under the provisions of sections 463.15 to 463.26; (4) installation or repair of water service lines, street sprinkling or other dust treatment of streets; (5) the trimming and care of trees and the removal of unsound trees from any street; (6) the treatment and removal of insect infested or diseased trees on private property, the repair of sidewalks and alleys; (7) the operation of a street lighting system; (8) the operation and maintenance of a fire protection or a pedestrian skyway system; or (9) reinspect ions which find noncompliance after the due date for compliance with an order to correct a municipal housing maintenance code violation; as a special assessment against the property benefited. (b) The council may by ordinance adopt regulations consistent with this section to make this authority effective, including, at the option of the council, provisions for placing primary responsibility upon the property owner or occupant to do the work personally(except in the case of street sprinkling or other dust treatment, alley repair, tree trimming, care, and removal or the operation of a street lighting system) upon notice before the work is undertaken, and for collection from the property owner or other person served of the charges when due before unpaid charges are made a special assessment. Subd. 2. Procedure for assessment. Any special assessment levied under subdivision 1 shall be payable in a single installment, or by up to ten equal annual installments as the council may provide. With this exception, sections 429.061, 429.071, and 429.081 shall apply to assessments made under this section. http://www.revisor.1eg.state.mn.us/stats/429/101.html 7/30/2004 Minnesota Statutes 2003,429.101 Page 2 of2 Subd. 3. Issuance of obligations. (a) After a contract for any of the work enumerated in subdivision 1 has been let, or the work commenced, the council may issue obligations to defray the expense of any such work financed in whole or in part by special charges and assessments imposed upon benefited property under this section. (b) Section 429.091 shall apply to such obligations with the following modifications: (1) such obligations shall be payable not more than two years from the date of issuance; (2) the amount of such obligations issued at one time in a municipality shall not exceed the cost of such work during the ensuing six months as estimated by the council; (3) a separate improvement fund shall be set up for each of the enumerated services referred to in subdivision 1 and financed under this section. (c) Proceeds of special charges as well as special assessments and taxes shall be credited to such improvement fund. http://www.revisor.leg.state.mn.us/stats/429/1 01.html 7/30/2004 Mel11o.. . TO: Chair Hanson and Commission Members FROM: Teresa Bender, City Cler0.~' SUBJECT: 6716 Centerville Road (Zoning Classification Error) DATE: September 3, 2004 Mr. Richmond Evans, owner of 6716 Centerville Road is in the process of selling his home and has encountered problems with the title company due to the improper/error in the City's Zoning Map and classification of his property. Currently the property is zoned R-l, Rural Residential with a minimum area of 10 acres. The property is approximately 1.33 acres. Due to the timing of the submission of the rezone request, both public hearings will be held at Council level; however, your recommendation is needed in this matter. Thank you in advance for your consideration of this matter. CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JULY 6, 2004 Pursuant to due call and norice thereof, the Planning and Zoning Comorission held their regularly d Bnan Hanson t Tom Wilharber N 0 ABSENT: Jennefer Klennert Hunt COUNCll.: Linda Broussard Vickers STAFF: Mr. Moore-Sykes I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:36 p.m. n. PUBLIC HEARING(S) 1. Centerville Redi-Mix. Mr. Dennis Shudy (Site Plan Review) Chair Hanson opened the public hearing at 6:38 p.m. Chair Hanson asked for information on ponding as it was not provided. Mr. Shudy provided the ponding information to the Commission. Chair Hanson asked if all offices were on the first floor. Mr. Shudy explained that half of the mezzanine is open to the offices below and there is storage over the locker room and break room. Chair Hanson asked if there would be any customers upstairs or anything that would require that it be ADA accessible. Mr. Shudy indicated there would not be any customers on the upper level. Chair Hanson asked whether a grading plan was available. Page 1 of5 Planning and Zoning Commission July 6, 2004 Meeting Minutes Mr. Shudy provided the drawing to the Commission. Council Liaison Broussard Vickers advised that the City is looking at requiring that dumpsters be more enclosed than the current requirement and asked that he consider that at the time of construction. Motion by Commissioner Wilharber. seconded by Commissioner Lakso to close the uublic heann!!:. All in favor. Motion earned unanimously. Chair Hanson commented that he likes the plan and feels it will be a nice addition to the City. He then agreed that the dumpsters should be screened. Motion by Commissioner Lakso. seconded by Commissioner Wilharber to recommend Council auuroval of the urouosed site ulan. All in favor. Motion carried unanimously. Chair Hanson noted this matter would be on Council's agenda on July 14, 2004. ID. APPEARANCES 1. Chairperson Hanson Welcoming JeffHanzal to the Commission Chair Hanson welcomed Mr. HanzaI to the Planning Commission and asked Staff to have the oath of office available for the next meeting. IV. OLD BUSINESS None. v. NEW BUSINESS 1. Mr. Hal Liebel. 7397 Main Street Request for Letter Mr. Hal Liebel of 7397 Main Street addressed the Commission and explained that he would like to rezone and subdivide his property into two developable lots and eliminate the business that is there now sometime in the future. He then said that the County has asked him to come to the City for a letter indicating it is possible to have two developable lots. Chair Hanson asked where the burial mound is located and whether that affects the ability to subdivide. Mr. Liebel indicated he talked to the Archaeological Society and asked about the requirements and setbacks and was told there are no setbacks as long the mound is not Page 2 of6 Planning and Zoning Commission July 6, 2004 Meeting Minutes disturbed. He then said that he was told they would prefer a 20 foot setback but could live with a 10 foot minimum. Ms. Moore-Sykes asked if Mr. Liebel had discussed access to those lots with the County. Mr. Liebel indicated that ifhe does not have access onto Main Street he would be able to access the property through The Shores development. He then indicated it may also be possible to have access onto Mound Trail. Mr. Liebel asked the Commission for a letter that states that without taking into consideration the widening of the road that he does have two developable lots. Chair Hanson indicated he was concerned about the impact of the burial mound on potential development. He then said that he would like to know what the state requirements are. Mr. Liebel indicated that he could obtain further information on the requirements. Council Liaison Broussard Vickers suggested that the City provide a statement that the lot meets the minimum size requirements for two lots but she is not sure that the City can state that the property is buildable. Commissioner Wilharber questioned whether access to the burial site has to be provided through an easement. Commission asked Staff to supply the information that it meets requirements and is eligible for rezoning. Commissioner Wilharber indicated the Comprehensive Plan would need to be amended and told Mr. Liebel that he would be asked to pay for it. He then said that the property is zoned commercial and the auto body shop would be a nonconforming use and if it were destroyed by something then it could not be rebuilt should the property be rezoned to R- 2. He further commented that he would like to see information in writing from the state as to the requirements concerning the burial mound and whether an access easement would be required. Mr. Liebel indicated that an access easement could be provided if it is necessary. Mr. Jeff Nottum of 7238 Main Street indicated he lived in S1. Paul for a few years and Mounds Park has huge mounds and they brought the walking paths pretty close to them so he does not feel there would be an issue with developing and providing access to them. Council Liaison Broussard Vickers recommended stating that the rezoning is subject to final approval of the Bureau of Indian Affairs or whomever has jurisdiction over the burial mound to ensure that the requirements are met. Page 3 of6 Planning and Zoning Commission July 6, 2004 Meeting Minutes 2. Mr. Peter Despen of 1688 Heritage Street Peter Despen of 1688 Heritage addressed the Commission and indicated he was told by Staff that he could only build a 20 x 20 garage and he would like to build a 26 x 28. He then said he has a half acre lot and letters from the neighbors indicating they do not have an issue with it. The Commission discussed his request and informed him that in order to grant a variance he would need to meet the hardship requirements and they do not see that he would meet them. Mr. Despen said he feels that the fact that the neighbors do not care should be taken into consideration. He then commented that he feels it is discriminatory that swimming pools can be half the size of the back yard but a garage is limited to 2%. 3. Mr. JeffNottum of7238 Main Street Mr. Jeff Nottum addressed the Commission and explained that he has the option of purchasing 75 feet of property to add to his and then he would have 118 feet plus 75 feet and asked whether he would have enough square footage for two lots. The Commission discussed the request and suggested that Mr. Nottum meet with Mr. Palzer to determine how his property fits within the ordinance requirements. 4. Mr. Sheldon Frank Mr. Sheldon Frank of 7313 Old Mill Road addressed the Commission and indicated he is interested in purchasing a lot on Peltier Lake Drive and he has been told that the lot does not meet City lot size requirements. He then asked whether he would be allowed to build on the property or whether he would need a variance. Chair Hanson recommended checking with the DNR for setback requirements from the Lake. Council Liaison Broussard Vickers recommended contacting Mr. Palzer to determine how the ordinance would apply to that particular lot. She then said that she does not think the City can prevent someone from building on a previously platted lot but, it would be nonconforming and that may cause an issue for someone getting a mortgage because, if it were destroyed, it could not be rebuilt. VI. DISCUSSION ITEMS 1. Ordinance #4 - New Format Ms. Moore-Sykes reviewed the memo from City Attorney Hoeft and noted that it is his . recommendation that the City does not need to make any changes to Ordinance #4 Page 4 of6 Planning and Zoning Commission July 6, 2004 Meeting Minutes concerning the slaughterhouse. She then explained that anyone coming in would need 10 acres and would have to apply for a conditional use permit so the City has the ability to control the use. Ms. Moore-Sykes indicated that the moratorium will expire and no action is necessary by the City. Council Liaison Broussard Vickers asked the Commission to choose some of the more straight forward changes and move them through. The Commission discussed having the public hearing at Council level to save time. Commissioner Wilharber indicated that he would like to see it again to avoid the possibility of missing something. Council Liaison Broussard Vickers indicated that she had provided wording from Jeff Paar to Chair Hanson for consideration. Chair Hanson read the proposed wording concerning changes in the drainage language in Ordinance #4. He then said that he does not feel that the City should get involved in this at all. Council Liaison Broussard Vickers asked the Commission to discuss the request when all members are available for comment. VB. CONSIDERATION OF MINUTES 1. June L 2004 Planning and Zoning Meeting Minutes Chair Hanson asked for an update on ATVs and snowmobiles. Ms. Moore- Sykes indicated that Staff had not provided one to her. She then agreed to look into it and provide that at the next meeting. Motion by Commissioner Wilharber. seconded by Commissioner Lakso to aoorove the Minutes of June 1. 2004. as Dresented. All in favor. Motion carried unanimouslv. vm. ADJOURNMENT Motion by Commissioner Wilharber. seconded by Commissioner Lakso to adiourn the July 6. 2004 Plannini! Commission Meetin~ at 8:00 o.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary Page 5 of6 TimeSaver Off Site Secretarial, Inc. Planning and Zoning Commission July 6, 2004 Meeting Minutes Page 6 of6 / M'Je" , ' --. ; ;; . . .... '.' .-.:. -..' ; -, ,: _~ -;" .", :1 :y \ _,';- '. 'J .: - ,,' _, .' --) - .1m: !..' j,O,.') .. " . ,~' ',..,'.i.. '",} ':, .] .; TO: Honorable Mayor, Council Members, Committee/Commission Members & Staff FROM: Administrative Staff SUBJECT: Rice Creek Watershed District (RCWD)- (Role/Communication/Requirements) DATE: September 2, 2004 We have found, that on occasion, it is very difficult detennining whether or not RCWD approval is needed, who should be contacted, when a residentlbuilding would need to contact them, etc. It was suggested at a recent staff meeting that RCWD may be available for a presentation/seminar to staff, Council, Committees and Commissions. Staff consensus was that an afternoon meeting be held, 2:00 p.m. It was also felt that Council and Committees/Commissions may benefit from the same information but that meeting would need to take place in the evening. Ms. Dawn Dubats and a co-worker will be leading the presentation/seminar and they are available on the following dates at 2:00 p.m. Monday, September 27,2004 Tuesday, September 28, 2004 Thursday, September 30,2004 Friday, October 1,2004 If there is enough interest generated by Council and Committee/Commissions, we will schedule an evening presentation/seminar. This memo is to ascertain whether there would be enough interest in the evening presentation/seminar to warrant one. Please let your liaison know your desires. Thank you.