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Home My WebLink About1985-08-06 Minutes Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regular meeting on August 6, 1985 at City Hall. Chairman Tourville called the meeting to order at 7:45 P.M. Present: Welk, Lindgren, Murray, Buesseler, Councilman Wilharber. Motion by Buesseler, second by Welk to accept the minutes of the July 2, 1985 meeting, Murray abstained, motion carried. OLD BUSINESS: Motion by Murray, second by Lindgren to amend the animal ordinance per the Attorney's recommendations, motion carried unanimously. Motion by Buesseler, second by Welk to forward amended animal ordinance to the City Council for adoption, motion carried unanimously. Motion by Buesseler, second by Murray to recommend to the Council the amendment of Ordinance #4, Table A - Schedule of Permitted Uses to include auto sales, service, and repair, as a permitted use in the Industrial Zone, motion carried unanimously Motion by Welk, second by Lindgren to recommend to the Council to grant a 10 foot rear yard setback variance to the property described as all of lots 4 through 6, block 13, Centerville, vacated street lying N of a line extended from the SE corner of said lot 4 to the SW corner of lot 9 block 12, Centerville except the Westerly 20 feet of said lots 4 through 6, block 13; lot 7 & 8, block 12, Centerville, motion carried unanimously. This recommendation was made based on the following standards: 1. Special conditions and circumstances exist which are peculiar to the land. 2. Literal interpretation of the provisions of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance. 3. This variance will not confer any special privileges. 4. Variance will not impair the public health, safety or welfare of the residents of Centerville. NEW BUSINESS: Appearance of Carole Wyman - 1695 Sorel Street. She requested clarification of the zoning of her property. It was confirmed her property is zoned Commercial. This zoning has prevented her from receiving financing on her home. She requested and received information on rezoning her property. She was also informed the Planning and Zoning Commission would be working on this ordinance in the near future. Presentation by Jim Merila - Merila & Associates, and Kenneth Briggs - Harstad, Todd Construction Co. They are proposing a plat of 103 homes behind Trippel's Market. The plat presentated incorporates lot sizes smaller than our ordinance requires. Their main purpose was to et directi from th Planning Zoning Commission as to whether or not they should r Page two - P & Z Meeting Minutes August 6, 1985 pursue this development trying to incorporate smaller lot sizes. Members of P & Z were willing to see what they had to offer. Brief discussion on Kerwin Johnson property at 7159 Mill Road. It was decided a Special Use Permit would be needed to add a third unit to his building. Clerk will check with County Recorder on the right of way on block 10 & 11 Village of Centerville. Motion by Murray, second by Buesseler to recommend the council amend ordinance # 41, section IV by adding the following: "No person shall bring glass containers into any designated Park Land in the City," and also to add Section XXI as follows: "Any person, firm, or corporation violating any of the provisions of this ordinance shall, upon conviction thereof, be deemed guilty of a misdemeanor as defined by state law," motion carried unanimously. It was stated that hiring an engineering firm with planning capabilities would be very helpful to the Planning and Zoning Commission. Discussion on the possibility of Mr. Jeff Speed moving a trailer home into the City. If it has a 12" overhang on all four walls, and meets the state codes, the P & Z felt it could be done. The rezoning matter was tabled until the next meeting. The 1986 budget was discussed and determined as follows: Meetings - $600.00 Seminars 200.00 Maps - 100.00 1986 Total *900.00 Motion by Murray, second by Welk to adjourn meeting, motion carried unanimously. Meeting adjourned at 10:55 P.M. Respectfully submitted, Debra Gonsior Clerk /Treasurer LAW OFFICES OF Burke and }Hawkins SUITE 10? 299 COON RAPIDS BOULEVARD JOHN M. BURKE COON RAPIDS, MINNESOTA 55433 WILLIAM G. HAWKINS PHONE (6121 7844998 THOMAS M. FITZPATRICK July 31, 1985 Debra Gonsior, Clerk Centerville City Hall 1694 Sorel Street Centerville, MN 55038 Re: Animal Ordinance Dear Debbie: I have had a chance to review the proposed animal ordinance and offer the following comments: Under Section 1 there is a subsection which is entitled ORDINANCE TO. I don't understand the heading and believe that this should be removed as well as Subdivision 1.15 which should be placed in another section of the ordinance. Section 1 for intent should include Subdivisions 1.21, 1.22, and 1.23. Subdivision 1.15 and Subdivision 1.10 really are substantive provisions and should not fall within the intent section which merely is a general policy statement of the purpose of the ordinance. I believe that I would put Sections 1.10 and 1.15 under Section 3 defined as Nuisances. Under Section 2, it is not clear to me what is the intent of this Section 2.5. It appears that a parcel of land is defined as any contiguous property that has a size of at least two and one -half acres with a dwelling located on it. I don't understand what difference it makes whether it is under one title or more than one title. The present language would mean that all property whether under one title or more would be considered a parcel of land. Under Section 4, Penalties for Noncompliance, I would merely make that read that "shall be deemed guilty of a misdemeanor as defined by state law." I don't believe there is any need to talk about imprisonment or the fine since that may change over the years and we want to have our ordinance reflect the current penalty for violation. Debra Gonsior, Clerk July 31, 1985 Page 2 I make no further recommendations in regard to the remainder of the ordinance. A question was raised on how this ordinance would affect the sewered residential zones. Subdivision 1.22 indicates that the intent of the ordinance is to keep animals on parcels of land containing less than ten acres but more than two and one -half acres if they are located within the rural residential /expansion residential area. Therefore unless a property is ten acres or more in the sewered residential zone, animals would not be allowed thereon. Sincerely, (jakilka z William G. Hawkins WGH:mk CITY OF CENTERVILLE 1 694 Sorel Street, Centerville, Minnesota 55038 429-3232 CITY OF CENTERVILLE COUNTY OF ANOKA NOTICE OF HEARING ON AMENDMENT TO ORDINANCE #4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Committee of the City of Centerville at the City Hall on the 6th day of August, 1985 at 7 ;00 P.M. The purpose will be to hear all persons present regarding an amendment to Ordinance #4 allowing auto sales, service and repairs as a permitted use under Industrial Zoning. Dated July 9, 1985 Debra Gonsior Clerk/Treasurer CITY OF CENTERVILLE 1694 Sorel Street, Centerville, Minnesota 55038 429 -3232 CITY OF CENTERVILLE COUNTY OF ANOKA NOTICE OF HEARING ON AMENDMENT TO ORDINANCE #4 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning and Zoning Committee of the City of Centerville at the City Hall on the 6th day of August, 1985 at 7:00 P.M. The purpose will be to hear all persons present regarding an amendment to Ordinance #4 allowing auto sales, service and repairs as a permitted use under Industrial Zoning. Dated July 9, 1985 Debra Gonsior Clerk/Treasurer •