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1985-06-04 Public Hearing Minutes
• Pursuant to due call and notice thereof, the Planning and Zoning Commission held a Public Hearing on Tuesday, June 4, 1985 at City Hall. Chairman Tourville called the hearing to order at 7 :10 P.M. Present: Welk, Buesseler. Absent: Lindgren, Murray. The purpose of the Public Hearing was to hear all persons present referencing an application for a variance filed by Gerard LeTendre to construct a garage outside the front yard setbacks on his property at 1397 Mound Trail. Mr. LeTendre's property is unique with respect to the fact the County owns a portion of land between Mound Trail and Mr. LeTendre's property. A five foot setback from Mr. LeTendre's property line would be over 100 feet from the road. A copy of the certificate of survey is attached to and made a part of these minutes. The Planning and Zoning Commission listed the requirements to grant a variance from Ordinance #4 being: 65.03 -1 - Special conditions and circumstances exist which are pecular to the land, structure, or building involved and do not result from the actions of the petitioner; 65.03 -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; 65.03 -3 - Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; 65.03 -4 - The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonable diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, or welfare of the residents of the city. The Commission generally felt Mr. LeTendre's request met these guidlines. The Public Hearing was closed at 7:25 P.M. by Chairman Tourville. Respectfully submitted, crt ( 4 t Gonsior Debra onsior Clerk r D El N.C. HOIUM AND ASSOCIATES, L U I Telephone 1 • —.1 10130 CENTRAL AVE. N.E. (Hwy. 65)— BI- A►INE,MINNESOTA 55434 784 -5480 712 SOUTH MAIN ST. — CAMBRIDGE ,MINNESOTA 55008 689 -4798 CERTIFICATE OF SURVEY: PEARL LEROUX - • . • I (N E COR. OF . I SCALE: I" = 40' t Lo- 14, AUD. © • 4605 - 214 20 I Sus. No. 44, REVISED i -(1) DENOTES IRON ! l i r , __ r n e J o 0 _ 3€,c \ . ! ) 1. rn N n r \ in al ' t t l LEGAL DESCRIPTION: ici N . • 1, 4 / OIn Revised • y Z The East 125 feet lot 14, Auditor's - Subdivision No. 46, Anoka County, Minnesota , •"m m L being a part of Government - Lbt 5 in Section N ' / / ' r o _j 15, Township 31, Range 22, lying Southerly . of the Southerly line of County of Anoka N I t] F (Park) property, said line being more fully Ov N D • / ) described as follows: ° 0,� 2 Q O Commencing at a point on the East line of k-19 5, _, Ur said Lot 14 distant 373.17 feet South from ' /► . w/ i d L the Northeast corner of said Lot 14, said ►2 -- Q East line having an assumed bearing of I- South 0 degrees, 21 minutes, 37 seconds vi t to o id East; thence South 79 degrees, 03 minutes, Z 0 1 --I _z 22 seconds Nest along said Southerly line J ` RC O J andpthererterminatingstance of 1 007.11 feet N r � Z Q Subject to road easements, if any. ' l'a—rt # } 0 isl — , 9 N � ' o J W • Fi 2 Q J 3 4-1 Q ci ul < J ..4. J i i Q F -P ___ 125.0 __ - 0. J 5 38' 23"w , Z L N t J O ., ' l .. v TRp 1lr ree i t (P TRP E-1 -- • i 1 hereby certify that this survey. plan, OF report KE was prepared by me or under my direct super- P. vision and that I am a duly Registered Land • Survayor under the laws of the State of Minn- GENTERv1LLL esota. •1 e 7) , e : {keys] Date S/5/76 Reg. No. 4427 INV 4605- 214.20 h CITY OF CENTERVILLE 1 694 Sorel Street, Centerville, Minnesota 55038 429 -3232 CITY OF CENTERVILLE COUNTY OF ANOKA NOTICE OF HEARING ON VARIANCE 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 Hal], on the 4th day of June, 1985, at 7 :00 P.M. to hear all persons present regarding a variance request to build a garage outside the front yard setback requirements at 1397 Mound Trail. Dated May 14, 1985 0 '� Debra Gonsior Clerk /Treasurer /toter - k te, s • 1 ,04‘ Paic AA P2 w I 131 yA LAW OFFICES OF Burke and _Hawkins SUITE 101 299 COON RAPIDS BOULEVARD JOHN M. BURKE COON RAPIDS. MINNESOTA 55433 WILLIAM G. HAWKINS PHONE 1612) 766-2998 THOMAS M. FITZPATRICK May 22, 1985 Centerville City Council 1694 Sorel Street Centerville, MU 55038 Re: Eighth Street Vacation Dear Councilmembers: The following is a letter written in response to your request for my opinion concerning the proposed vacation of Eighth Street. Under Minnesota Statute 412.851 a city council may by resolution vacate any street on its own motion or a petition of the majority of land abutting on the street. The statute further provides "no such vacation shall be made unless it appears in the interest of the public to do so.... ". It is therefore incumbent upon the City Council to determine whether or not it is in the interest of the public to vacate this street. It is of no significance that a private individual may benefit by the vacation. Items which you should consider are access and need for the easement for future development, costs of maintenance or lack thereof, increased tax revenues by vacation, the affect and ability on adjacent properties to develop and the interests of the public to have proper development of such parcels and such other interests as may benefit the City as a whole. ks I have further advised you in the past the City must leave reasonable access to properties that abut or may utilize the easement. Removal of access to the property may result in damages to the property owners which could be sought from the City. Upon reviewing these considerations and with knowledge of the State statute I am hopeful that you can reach a satisfactory decision. S'nc� rely,, - William G. Ha kins WGH:mk