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
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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
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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
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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
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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
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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
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