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04/24/1973 - City Council RegularMINUTES OF REGULAR MEETING OF ADVISORY PLANNING COMMITTEE VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA April 24, 1973 A regular meeting of the Advisory Planning Committee, Village of Eagan., Dakota County, Minnesota, was held on April 24, 1973, at 7:30 P.M. at the Village P.nll. Those present were Ix mbers Helmken, Marble, Hall, Dembroski, Harrison, livrphy and Toso. Chairman Marble convened the meeting. Upon motion by Member Harrison, seconded by Idember Toso the minutes of _he previous meeting were approved as presented. Mr. Elmer Scott and Attorney Edward McHenomy appeared on behalf of the application of Elmer Scott to rezone from A, Agricultural to I-1, Light Indus- trial, 12 acres in Section 24 on Highway #3. The matter had been continued from the March 27th meeting to acquire more information. It was noted that a Mack truck service dealer's agreement had been entered into betweenteAn, Inc. and Mack Truck on August 9, 1972 at 4185 South Robert Trail. It was further noted that an application submitted by Mr. Scott in 1972 for a gravel permit indicated an error by an owner that he desired industrial zoning on the'property. As a ie:ult of that error an agreement dated May 23, 1972 between the Town Board an4 Scott for a gravel permit inadvertently provided in the WHEREAS clause that the property was zoned light industrial. Subsequently a change in use of the building that originally had been constructed as a horse barn was made by Mr. Scott provide for servicing trucks and he has indicated that he now intends to build an additional service garage for his business on the location. The Planning Committee suggested there may be enough. I-1 zoning in the village, that this may be spot zoning, their concern over outside storage around the building, :heir concern about lack of utilities in the area and the concern that people in the area have not been notified adqquately concerning the rezoning and use - 1 - 14 of the property. Upon motion by Harrison, seconded by Hall, it was moved to recommend denial of the application for rezoning but to grant a conditional use permit to the applicant for the current use of the building on the property provided that the zoning not be changed to industrial, and that there be no change or expansion in the use of the present building. Four members in favor, two against and one abstention. The application of James Parker and Howard Kyllo for preliminary plat approval in Section 17 as a part of Jon Kroft Acres was continued to the May meeting. Mr. Larry Frank of Gold Medallion Corporation and D. H. Gustafson, Associates appeared on behalf of certain applications of Gold Medallion for prelimii:ary plat approval as follows: A. Surrey Heights Fourth Addition South of Yankee Doodle Road to consist of 12 buildings with 48 units. There would be a private interior street and double garage per unit on a 9.21 acre parcel. Mr. Frank indicated the home owners association would cover Surrey Heights #1 through #4 and that a new home owners association would cover Surrey Heights #5. A copy of the Home Owners Association Agreement was requested for filing with the Village. It was noted that the park donation would be in cash. Upon motion by Member Murphy, seconded by Hall, all members voting in favor, it was RESOLVED that the application be recommended for approval. All members voted in favor. B. Surrey Heights Fifth Addition, consisting of 7.64 acres for condominium apartments immediately South of Yankee Doodle Road. There would be five 17 -unit buildings and separate recreational facilities would be provided in Surrey Heights Fifth Addition, The Engineer recommended internal street of 26 feet rather than 22 feet. Upon motion by Member Murphy, seconded by Hall, all members voting in favor, it was recommended that the application be approved subject to the installation of the 26 foot private internal street, compliance - 2 - 0 0 with all ordinance requirements, submission of the Home Owners Association Agreement to the Village and adequate streets for fire fighting purposes. It was noted that a park cash donation was recommended to be made. The application for Gold Medallion for final plat approval for Surrey Heights Second Addition was continued. The application of Irving L. Kutoff, Eagan Realty Co., Inc. for prelims inary plat approval of Metropolitan Industrial Park in Section.13 was continued at the applicant's request. The application of High -Site, Inc. for revised plan approval and building permits for High -Site Manor, Second Phase was also continued at the request of the applicant. Mr. Ed Brunkhorst appeared on behalf of the application of Dakota Electric Association for a sub -station on one acre 300 feet North of Yankee Doodle Road in Section 1O.according to an earlier approved lay -out by the Village. It was noted that there would be a 30 foot private easement access, property is zoned A. Agricultural and that there would be a 7 foot exterior fence around the parcel. Upon motion by Member Harrison, seconded by Toso, all members voting in favor, it was recommended that the application be approved. Mr. Byron Watschke did not appear on behalf of the application for rezoning from A, Agricultural to C-1, Light Commercial and building permit for commercial building near Highway's #55 and #49. Upon completion of the regular agenda, as mailed to the Planning Committee members prior to the meeting and published in the Dakota County Tribune, the Committee determined to review only those applications that have been submitted prior to the meeting and within the eleven day application submission. Only in cases of great hardship to the applicants would the applications be heard sooner. A representative of Bergstedt, Walberg, Architects appeared on behalf of the application of DCR Company for building permit for additions to Cedarvale - 3 - 0 E I Shopping Center consisting of the Applebaums's Supermarket. Two additions of 40' x 80' and 20' x 60' including a new road pattern behind the Applebaum's market were requested. It was noted that there would be 5,000 square feet in the additions. There was concern by the Planning Committee Members about the landscaping according to the plan and strongly recommended that substantial plantings be installed around the shopping center. Upon motion by Member Harrison, seconded by Dembroski,it was ABSOLVED to recommend that the appli- cation be approved, but that the Council insist that shrubbery and plantings of a reasonable size be required in the development prior to grant of the building permit. All members voted in favor, except Member Hall who voted no because the item was improperly on the Agenda. Mr, Jerry Pautz appeared on behalf of the application of Antler Corpor- ation for revised site plan approval for one building in Rivergate Villa North of Yankee Doodle Road. Mr. and Mrs. Thomas Giguerre appeared and opposed the change in the site location because it does not conform with the original plan and further that they did not have sufficient time to review the change and acquire advice. It was noted the reason for the change in the site plan was because of extremely poor soil conditions in the location of the building that was currently under construction. Upon motion by Member Harrison and seconded by Hall, it was RESOLVED that the Planning Committee postpone consideration of the application for one month because the item was not on the Agenda or published in the newspaper and that an objecting neighbor hadn't been given sufficient time to make a formal presentation. All members voted in favor. Mr. Donald Teitjen, 555 Chapel Lane, Lot 6, Burrview Addition, appeared with his application for a variance from the font yard property line set -back to 8 feet 7 inches from the property line for construction of an attached garage. It was noted that Mr. Teitjen is under a hardship situation in that the road grades in front of his home are being set and determination is needed -4 - immediately whether to permit the variance. Upon motion by Member Harrison, seconded by Toso, all members voting in favor, it was recommended that the application be approved. Mr. Arnold Carlson appeared and discussed a proposal on behalf of Dakota County Electric Co-op to install street lights in residential areas which would provide that the developer could install the poles and increase the coat of the property to the purchasers. The maintenance and operation of the lighting could be included as an assessment against the property to be added to sewer and water quarterly billings. No action was taken and the matter was put over to the May APC Meeting, The Planning Committee discussed the strict enforcement of the November 1972 resolution of the Council to publish Agenda's of Council and Planning Com- mittee Meetings to permit the public to have a chance to review what will be discussed at the meetings. Upon motion by Member Hall, seconded by Dembroski, all members voting in favor, it was RESOLVED that the Rules of Conduct for Planning Committee meetings including the Resolution of the Council requiring publication in the newspaper of all Agendas of the Planning Committee and further the 11 day requirement for submission of applications prior to meetings, be strictly complied with and that exceptions be made only in cases of extreme hardship. Upon motion duly made and seconded the meetings adjourned. Dated: April 24, 1973 - 5 - MINUTES OF REGULAR MEETING OF ADVISORY PLANNING COMMITTEE VILLAGE OF EAGAN, DAKOTA COUNTY, MINNESOTA April 24, 1973 A regular meeting of the Advisory Planning Committee, Village of Eagan., Dakota County, Minnesota, was held on April 24, 1973, at 7:30 P.M. at the Village P.nll. Those present were Ix mbers Helmken, Marble, Hall, Dembroski, Harrison, livrphy and Toso. Chairman Marble convened the meeting. Upon motion by Member Harrison, seconded by Idember Toso the minutes of _he previous meeting were approved as presented. Mr. Elmer Scott and Attorney Edward McHenomy appeared on behalf of the application of Elmer Scott to rezone from A, Agricultural to I-1, Light Indus- trial, 12 acres in Section 24 on Highway #3. The matter had been continued from the March 27th meeting to acquire more information. It was noted that a Mack truck service dealer's agreement had been entered into betweenteAn, Inc. and Mack Truck on August 9, 1972 at 4185 South Robert Trail. It was further noted that an application submitted by Mr. Scott in 1972 for a gravel permit indicated an error by an owner that he desired industrial zoning on the'property. As a ie:ult of that error an agreement dated May 23, 1972 between the Town Board an4 Scott for a gravel permit inadvertently provided in the WHEREAS clause that the property was zoned light industrial. Subsequently a change in use of the building that originally had been constructed as a horse barn was made by Mr. Scott provide for servicing trucks and he has indicated that he now intends to build an additional service garage for his business on the location. The Planning Committee suggested there may be enough. I-1 zoning in the village, that this may be spot zoning, their concern over outside storage around the building, :heir concern about lack of utilities in the area and the concern that people in the area have not been notified adqquately concerning the rezoning and use - 1 - 14 of the property. Upon motion by Harrison, seconded by Hall, it was moved to recommend denial of the application for rezoning but to grant a conditional use permit to the applicant for the current use of the building on the property provided that the zoning not be changed to industrial, and that there be no change or expansion in the use of the present building. Four members in favor, two against and one abstention. The application of James Parker and Howard Kyllo for preliminary plat approval in Section 17 as a part of Jon Kroft Acres was continued to the May meeting. Mr. Larry Frank of Gold Medallion Corporation and D. H. Gustafson, Associates appeared on behalf of certain applications of Gold Medallion for prelimii:ary plat approval as follows: A. Surrey Heights Fourth Addition South of Yankee Doodle Road to consist of 12 buildings with 48 units. There would be a private interior street and double garage per unit on a 9.21 acre parcel. Mr. Frank indicated the home owners association would cover Surrey Heights #1 through #4 and that a new home owners association would cover Surrey Heights #5. A copy of the Home Owners Association Agreement was requested for filing with the Village. It was noted that the park donation would be in cash. Upon motion by Member Murphy, seconded by Hall, all members voting in favor, it was RESOLVED that the application be recommended for approval. All members voted in favor. B. Surrey Heights Fifth Addition, consisting of 7.64 acres for condominium apartments immediately South of Yankee Doodle Road. There would be five 17 -unit buildings and separate recreational facilities would be provided in Surrey Heights Fifth Addition, The Engineer recommended internal street of 26 feet rather than 22 feet. Upon motion by Member Murphy, seconded by Hall, all members voting in favor, it was recommended that the application be approved subject to the installation of the 26 foot private internal street, compliance - 2 - 0 0 with all ordinance requirements, submission of the Home Owners Association Agreement to the Village and adequate streets for fire fighting purposes. It was noted that a park cash donation was recommended to be made. The application for Gold Medallion for final plat approval for Surrey Heights Second Addition was continued. The application of Irving L. Kutoff, Eagan Realty Co., Inc. for prelims inary plat approval of Metropolitan Industrial Park in Section.13 was continued at the applicant's request. The application of High -Site, Inc. for revised plan approval and building permits for High -Site Manor, Second Phase was also continued at the request of the applicant. Mr. Ed Brunkhorst appeared on behalf of the application of Dakota Electric Association for a sub -station on one acre 300 feet North of Yankee Doodle Road in Section 1O.according to an earlier approved lay -out by the Village. It was noted that there would be a 30 foot private easement access, property is zoned A. Agricultural and that there would be a 7 foot exterior fence around the parcel. Upon motion by Member Harrison, seconded by Toso, all members voting in favor, it was recommended that the application be approved. Mr. Byron Watschke did not appear on behalf of the application for rezoning from A, Agricultural to C-1, Light Commercial and building permit for commercial building near Highway's #55 and #49. Upon completion of the regular agenda, as mailed to the Planning Committee members prior to the meeting and published in the Dakota County Tribune, the Committee determined to review only those applications that have been submitted prior to the meeting and within the eleven day application submission. Only in cases of great hardship to the applicants would the applications be heard sooner. A representative of Bergstedt, Walberg, Architects appeared on behalf of the application of DCR Company for building permit for additions to Cedarvale - 3 - 0 E I Shopping Center consisting of the Applebaums's Supermarket. Two additions of 40' x 80' and 20' x 60' including a new road pattern behind the Applebaum's market were requested. It was noted that there would be 5,000 square feet in the additions. There was concern by the Planning Committee Members about the landscaping according to the plan and strongly recommended that substantial plantings be installed around the shopping center. Upon motion by Member Harrison, seconded by Dembroski,it was ABSOLVED to recommend that the appli- cation be approved, but that the Council insist that shrubbery and plantings of a reasonable size be required in the development prior to grant of the building permit. All members voted in favor, except Member Hall who voted no because the item was improperly on the Agenda. Mr, Jerry Pautz appeared on behalf of the application of Antler Corpor- ation for revised site plan approval for one building in Rivergate Villa North of Yankee Doodle Road. Mr. and Mrs. Thomas Giguerre appeared and opposed the change in the site location because it does not conform with the original plan and further that they did not have sufficient time to review the change and acquire advice. It was noted the reason for the change in the site plan was because of extremely poor soil conditions in the location of the building that was currently under construction. Upon motion by Member Harrison and seconded by Hall, it was RESOLVED that the Planning Committee postpone consideration of the application for one month because the item was not on the Agenda or published in the newspaper and that an objecting neighbor hadn't been given sufficient time to make a formal presentation. All members voted in favor. Mr. Donald Teitjen, 555 Chapel Lane, Lot 6, Burrview Addition, appeared with his application for a variance from the font yard property line set -back to 8 feet 7 inches from the property line for construction of an attached garage. It was noted that Mr. Teitjen is under a hardship situation in that the road grades in front of his home are being set and determination is needed -4 - immediately whether to permit the variance. Upon motion by Member Harrison, seconded by Toso, all members voting in favor, it was recommended that the application be approved. Mr. Arnold Carlson appeared and discussed a proposal on behalf of Dakota County Electric Co-op to install street lights in residential areas which would provide that the developer could install the poles and increase the coat of the property to the purchasers. The maintenance and operation of the lighting could be included as an assessment against the property to be added to sewer and water quarterly billings. No action was taken and the matter was put over to the May APC Meeting, The Planning Committee discussed the strict enforcement of the November 1972 resolution of the Council to publish Agenda's of Council and Planning Com- mittee Meetings to permit the public to have a chance to review what will be discussed at the meetings. Upon motion by Member Hall, seconded by Dembroski, all members voting in favor, it was RESOLVED that the Rules of Conduct for Planning Committee meetings including the Resolution of the Council requiring publication in the newspaper of all Agendas of the Planning Committee and further the 11 day requirement for submission of applications prior to meetings, be strictly complied with and that exceptions be made only in cases of extreme hardship. Upon motion duly made and seconded the meetings adjourned. Dated: April 24, 1973 - 5 -