04/11/1978 - City Council RegularMINUTES OF A REGULAR MEETING OF THE EAG'AN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
APRIL 11, 1978
A regular meeting of the Eagan Advisory Planning Commission was held on
April 11, 1978, at 7 p.m. at the City Hall. Those present were Chairman Harrison,
Members Blomquist, Roszak, Sperling, Hedtke and Hall. Also present were City
Administrator Hedges, City Planner Voss, Zoning Administrator Runkle, City Engin-
er Rosene and City Attorney Hauge.
AGENDA. An application of Peter Cordes and Eugene Sell for conditional
use permit for a restaurant with on -sale liquor on Lot 1, Block 2, Fox Ridge
Addition, was added to the agenda, which had been inadvertently excluded.
MINUTES. Blomquist moved and Roszak seconded a motion, with all members
voting in favor, to approve the minutes of the March 14th and March 28, 1978,
Planning Commission meetings, with the exception on page 4 of the March 28th
minutes, Naegele sign "C" application appears to be located on property zoned to
permit advertising signs.
OAR POND HILLS 2ND ADDITION. The Chairman convened the public hearing
concerning the application of Floyd Forsberg for preliminary plat approval of
Oak Pond Hills 2nd Addition in Section 36 adjacent to.Cliff Road. The 12 acre
parcel is contiguous to the 1st Addition with lots at least one acre in size.
After discussion, Hedtke moved to recommend approval of the preliminary plat,
Roszak seconded the motion, subject to the following conditions:
1. That the
park -trail areas will be seexd•as outlots on the final plat
and a Warranty Deed and acceptable title be granted to the City at the time of
submission of the final plat.
2. That satisfactory completion of the park dedication requirements be
made at the time of submission of the final plat.
3. That no variances be granted herein except for front and sideyard set-
back deviations for purposes of preserving trees or topographic problems that
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exist, according to normal City policy.
4. That the plat be approved by the Dakota County Plat Commission because
of its abutting County Road 132.
All members voted in favor.
CAPP HOMES WAIVER OF PLAT. The next public hearing convened by Chairman
Harrison concerned the application of Capp Homes for waiver from subdivision regu-
lations to divide Lot 3, Block 8, Cedar Grove No. 3 adjoining and East of Cedar
Avenue. Mr. Mike Perlst4.n, attorney, appeared for the applicant. The report of
the Zoning Administrator, dated April 5, 1978, was reviewed and Mr. Perlstein
indicated that all conditions are acceptable with the applicant. Hall moved to
recommend approval of the waiver, with the instructions to the Building Inspector
that all recommendations of the Planner should be taken into account at the time
the building permit is granted. Blomquist seconded the motion, with all members
voting in favor.
PROPERTY RESEARCH ASSOCIATES REZONING AND PRELIMINARY PLAT - CARRIAGE
HILLS MANOR. Mr. Ralph Wagner and Mr. Leonard Juster appeared on behalf of the
applicant. The Chairman convened the public hearing concerning the application
of Property Research and Development Company for rezoning from R-4 Residential
Multiple to R-1 Residential Single 15 acres in the NWk of the NW'k of Section 14,
lying at the Southeast corner of Lexington and Yankee Doodle Road and in addition,
a public hearing for preliminary plat approval of proposed Carriage Hills Manor
consisting of Single Family development. Fifteen acres would be zoned R-1, with
35 single family lots and the balance an outlot with R-4 zoning. Roazak moved
and Hall seconded a motion to recommend approval to rezone the 15 acre parcel
from R-4 to R-1; all members voted in favor. Hedtke then moved and Blomquist
seconded the motion, to recommend approval of the preliminary plat for Carriage
Hills Manor, subject to the following:
1. Review and approval by the Dakota County Plat Commission.
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2. Compliance with the park dedication requirements of the City.
3. Landscape plan being submitted by the developer and approved by the
City to provide that Lots 10 and 11 with backyards to Yankee Doodle Road will
include planting or berming along Yankee Doodle Road.
All members voted in favor.
EAGAN CONSTRUCTION COMPANY - BOWLING ALLEY CONDITIONAL USE PERMIT. The
Chairman then convened the public hearing concerning the application of Eagan
Construction Company for conditional use permit for bowling alley on Lot 1, Block
2, Fox Ridge Addition in Section'9 at the Northwest corner of Yankee Doodle Road
and Coachman Road. It was noted that the City Council on April 4, 1978, deter-
mined that a bowling alley in a Neighborhood District in this location is a
similar conditional use. A number of neighboring property owners appeared with
questions anc concerns regarding the location of the bowling alley and its devel-
opment. The two applications included a petition for conditional use permit in
order to construct a bowling alley and a petition for conditional use permit
for on -sale liquor in the facility. It appeared that the notice had been sent
to all owners within 350 feet according to ordinance. There was concern about
additional traffic in the area, the screening from the apartment complex to the
West, the use of liquor on the premises, and its conformity generally with the
surrounding residential area. After considerable discussion and after hearing
the future owners and operators, including Mr. Cordes and Mr. Sell, Hall moved to
continue the two hearings until the next meeting of the Planning Commission to
afford the applicant time to submit a list of proposed restrictions for operation
of the bowling alley and the on -sale liquor facility. Hedtke seconded the motion.
Hall voted yes. Those voting no were Roszak, Sperling and Blomgcist. Those
abstaining were Hedtke and Harrison, and rhe motion failed. Hedtke then moved to
continue the public hearing for 1'k hours to permit the applicants to prepare a
list of conditions for the operation of the bowling alley and liquor facility.
Blomquist seconded the motion; all voted in favor.
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FEDERAL LAND COMPANY CONDITIONAL USE PERMIT -,BICENTENNIAL ADDITION. The
next public hearing regarded the application of Federal Land Company for condi-
tional use permit for a motor repair facility and variance to allow a split
facility for a service station in Bicentennial Addition -Yankee Square shopping
center. Martin Colon appeared and explained the separated facility proposal and
in addition, the proposed variance consisting of 5 foot sideyard setback for the
auto service building. There was concern about location of a sidewalk along
Washington Drive, which is required under the Planned Development. After.discus-
sion, Blomquist moved and Hedtke seconded a motion to recommend approval of the
application for conditional use permit forservice station and for variance to
permit the required auto service bays on a separate parcel, subject to the follow-
ing:
1. There would be no auto body work permitted in this auto service center.
2. The cross easements for driveways and parking on the auto service site
and adjacent properties West and North shall be submitted to the City Attorney
for review and approval.
3. Outside lighting shall be provided at both sites.
4. The sidewalk along one side of Washington Drive required under the
PD Agreement shall be provided at the time of development of the service center.
5. That a method of watering landscaped areas shall be established and
approved by the City staff.
All members voted in favor except Sperling who abstained for the reason that he
felt that the traffic problems may become too great, particularly if a drive-in
bank facility is located next to the service pumps. Blomquist then moved and
Hedtke seconded a motion to recommend approval of the 5 foot sideyard setback
variance on the basis of hardship because of the need to locate the building 5
feet from the property line. All members voted in favor, except Sperling who
abstained.
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CAMERON:DEVELOPMENT COMPANY REZONING AND PRELIMINARY PLAT - CAMERON ACRES.
The public hearing next convened regarded the application of Cameron Development
Company and Richard Grekoff to rezone approximately 5.4 acres from R-4 to R-2 PD
and for preliminary plat approval for proposed Cameron Acres for 40 duplex and
townhouse sites. Mr. Grekoff appeared for the applicant. The staff recommended
that the zoning be retained at R-4 and that the street remain a private street
because of the inability to develop a 60 foot city street on the parcel. The
Homeowners Association would control the common area and also maintain the
private street. There was concern about adequate off-street parking and the
developer indicated 7 parking spaces. It was recommended by the staff that addi-
tional off-street parking spaces be provided. Mr. Grekoff withdrew the applica-
tion for rezoning. Mr. and Mrs. Tom Giguere, neighboring property owners, were
concerned about landscaping of the adjoining area and also the exit from the
private street to the North. Sperling moved and Hedtke seconded a motion to
continue the public hearing for the preliminary plat until the April 25th meeting
for further review and recommendation by the staff. All members voted yes.
JOHN AND ROBIN CLAREY KENNEL PERMIT CONDITIONAL USE. The public hearing
regarding the application of John and Robin Clarey for conditional use permit for
a dog kennel in Lot 4, Block 3, Wescott Garden Lots on agriculturaly zoned prop-
erty was next opened. Mr. and Mrs. Clarey were present and indicated the kennel
would be for private use only, with a maximum of five dogs at any time. Hedtke
moved and Sperling seconded a motion to recommend approval subject to the follow-
ing:
1. That the conditional use be reviewed each year prior to the renewal
of the kennel permit.
2. That all animal waste be adequately disposed of on a.regular basis.
All members voted in favor.
EAGAN CONSTRUCTION COMPANY RECONVENED PUBLIC HEARING. Mr. Jean Parranto
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again appeared for Eagan Construction Company, the developer of the proposed bowl-
ing facility on Yankee Doodle Road, and stated that the developer would agree to
ditch work for storm drainage along Yankee Doodle Road, that only vending machines
were planned for food and suggested the following conditions:
1. That additional parking will be provided if necessary.
2. That the parking area and the garbage area would be cleaned daily.
3. That the gamerooms will comply with existing and future ordinances of
the City of Eagan.
4. That there would be no direct access to Yankee Doodle Road.
Member Hall objected to a decision on behalf of the Planning Commission without
further study and input from area owners and residents. Chairman Harrison
stated that he felt that bowling and liquor were not compatible in the Neighbor-
hood Business in this area, which is mainly residential, and further cited poten-
tial traffic problems. Hedtke then moved to recommend approval of the conditional
use permit for the bowling alley on Lot 1, Block 2, Fox Ridge Addition, subject
to the following conditions:
1. That a revised landscape plan shall be submitted, including the West
side of the property, and to include watering facilities and landscaping along
Yankee Doodle Road.
2. That a drainage plan be submitted for approval by the City including
filling and leveling the drainage ditch along Yankee Doodle Road.
3. That the parking lot shall meet all requirements of the City for curb
and gutter, plus storm sewer and drainage purposes.
4. That there be adequate screening for the trash and waste collection
location, including top screening as well as side screening.
5. That special fencing or barriers be provided for protection of children
along the West line and the North line of the property adjacent to the residential
areas.
6. That the petitioner will comply with any amusement device - gameroom
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ordinance that is in existence of will be enacted by the City in the future.
7. That the applicant will meet with Mr. Applebaum to work out any prob-
lems concerning the West boundary area of the proposed bowling facility property.
8. That a conditional use permit issued at this time shall include the
proposed future expansion of the building provided all ordinance requirements,
including parking are met, and subject to review by the Planning Commission and
Council of the building plans and site plans prior to the issuance of a building
permit.
9. That all landscaping shall be completed within six months after the
facility is open for business.
Sperling seconded the motion and stated that he felt that a bowling alley is
needed in the general area. Those in favor were Hedtke, Sperling and Roszak.
Those no were Hall and Harrison. Blomquist abstained indicating she felt there
was not sufficient information. Hall voted no because he felt there was not
sufficient research and input, /although he felt that the use was proper in the
area
EAGAN CONSTRUCTION COMPANY CONDITIONAL USE PERMIT FOR ON -SALE LIQUOR. The
applicant proposed the following additions for the on -sale liquor on the bowling
alley premises:
1. That there would be no dancing facilities on the premises.
2. That the areas in which liquor is served will not be open during the
operation of any junior bowling leagues.
3. That there be no intoxicating drinks allowed in the gameroom.
Hedtke moved to postpone the hearing on the conditional use for liquor to April
25, 1978, Hall seconded the motion. There was discussion concerning the need for
variances from the liquor regulations. Those voting yes were Hall and Blomquist,
Harrison and Hedtke. Those voting no were Sperling and Roszak.
NAdGELE OUTDOOR ADVERTISING COMPANY APPLICATIOT.B. The continued public
hearings concerning the applications of Naegele Advertising Company for three
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conditional use permits for pylon advertising signs were nest convened. It was
noted that it appears under Ordinance 016 that conditional use permits are not
required for advertising signs of the nature requested and, therefore, the repre-
sentatives of the applicants present, Mr. Dan Henjum and Craig Lofquist, agreed
that the applications would comply with ordinance requirements for applications
for advertising signs under Ordinance 016. Mr. Henjum again briefly reviewed the
applications and stated that one advertising sign in the City is being lost and
that notice of the loss of a second sign has been received from MN/DOT. It was
also noted that the ordinance forbids signs in highway rights-of-way and further,
it appeared that the applicants did not submit information sufficient to determine
whether Ordinance 16.03 and 16.04 would be complied with in the case of the appli-
cation for each of the signs. Mr. Henjum suggested that in the case of the sign
within the proposed I35E right-of-way, that Naegele would enter into an agreement
with the state to relinquish any claim in theevent of the acquisition of the
right-of-way by the state, or that the sign B location would be moved and then
apply for a variance from the distance spacing under Ordinance 016. A neighbor-
ing resident appeared and objected to the sign B location for reasons including
those given at the meeting on March 28th.
Sign A - Hedtke moved and Hall seconded a motion to recommend the applica-
tion for Sign A proposed to be located East of Highway 013 and South of Blackhawk
Road on land zoned Neighborhood Business be disapproved under Ordinance 016 for
reasons including the following:
1. The proposed sign and location of the sign are incompatible with the
principles of Ordinance 052, Ordinance 016, Section 16.01, Subd. 1, and the Eagan
Land Use Development Guide in that it does not promote the health, safety and
general welfare of the City, its residents and property owners.
2. The City Council has in recent years attempted to control the arbitrary
and expanded spread of advertising signs throughout the City and particularly
along existing and proposed major thoroughfares.
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3. It does not comply with Ordinance #16.04, Subd. 3 in that it exceeds
the maximum size for an advertising sign and in the judgment of the Planning
Commission, the conditions including terrain, safety factors, site distance and
future proposed use of the site area do not justify the approval of a variance;
further that sufficient information and compliance with 16.03 and 16.04 has not
been submitted by the applicant. All members voted in favor.
Sign B - Hedtke moved and Sperling seconded a motion to recommend to the
Council that the application for Sign B proposed to be located East of Pilot Knob
Road and approximately 3.100 feet South of Yankee Doodle Road be recommended for
denial for reasons including the following:
1. The proposed sign and location of the sign are incompatible with the
principles of Ordinance #52, Ordinance #16, Section 16.01, Subd. 1 and Eagan Land
Use ESvelopment Guide in that it does not promote the health, safety and general
welfare of the City, its residents and property owners.
2. The City Council has in recent years attempted to control the arbitrary
and expanded spread of advertising signs throughout the City and particularly
along existing and proposed major thoroughfares.
3. Neighboring property owners and residents appeared and objected to the
approval of the sign permit at the original hearing and continued hearing in that
it would constitute a traffic hazard, potential nuisance in the area dnd tend
to depreciate the value of the property in the general area of the proposed sign.
4. The sign would violate the long time policy of the City in discourag-
ing development in the rights-of-way of proposed major streets and highways,
noting that the proposed location would be within what is proposed to be the right-
of-way of I35E or on lands zoned Agricultural.
5. The present zoning of the property does not permit advertising signs
under applicable ordinances, namely Agricultural zoning at the proposed location;
further that sufficient information and compliance with 16.03 and 16.04 has not
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been submitted by the applicant.
All -members voted in favor.
Sign C - Mr. Henjum and Mr. Lofquist stated that the proposed location
would not be within the proposed I35E right-of-way and it was noted there was
neighborhood opposition to the application. Member Roszak suggested that there
be additional fact finding and recommendation concerning the proposed location.
Roszak moved to instruct the staff to investigate fact finding procedures in
other communities and report to the Planning Commission at its next meeting
suggestions for fact finding procedures, noting that the Planning Commission
does not appear to have sufficient information to make a determination regarding
that application. Hedtke seconded the motion and all members voted in favor.
PROCEDURES MANUAL RDINANCE 1116. Harrison moved and Sperling seconded
a motion to continue consideration of the revisions for Sign Ordinance 1116 and
for the Procedures Manual until the next meeting. All voted yea.
MALLARD PARK 1ST ADDITION. Zoning Administrator Runkle indicated that
a proposal is being made by the current developer of Mallard Park 1st Addition
to request building permits for uses other than single family within the plat
currently zoned R-4. It was noted that the intention of the applicant at the
time of submission of the preliminary plat and the intention of the Planning
Commission and Council appeared to be that single family use would be made for
Mallard Park 1st Addition. The Administrator was asked to contact the proposed
developer and indicate that the use other than single family without Planning
Commission/Council approval would not appear to be permitted.
ADJOURNMENT. Upon motion by Roazak, seconded Blomquist, all members
voting yes, the meeting adjourned at about 11:45 p.m.
DATED: April 11, 1978
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City Clerk
MINUTES OF A REGULAR MEETING OF THE EAG'AN ADVISORY PLANNING COMMISSION
EAGAN, MINNESOTA
APRIL 11, 1978
A regular meeting of the Eagan Advisory Planning Commission was held on
April 11, 1978, at 7 p.m. at the City Hall. Those present were Chairman Harrison,
Members Blomquist, Roszak, Sperling, Hedtke and Hall. Also present were City
Administrator Hedges, City Planner Voss, Zoning Administrator Runkle, City Engin-
er Rosene and City Attorney Hauge.
AGENDA. An application of Peter Cordes and Eugene Sell for conditional
use permit for a restaurant with on -sale liquor on Lot 1, Block 2, Fox Ridge
Addition, was added to the agenda, which had been inadvertently excluded.
MINUTES. Blomquist moved and Roszak seconded a motion, with all members
voting in favor, to approve the minutes of the March 14th and March 28, 1978,
Planning Commission meetings, with the exception on page 4 of the March 28th
minutes, Naegele sign "C" application appears to be located on property zoned to
permit advertising signs.
OAR POND HILLS 2ND ADDITION. The Chairman convened the public hearing
concerning the application of Floyd Forsberg for preliminary plat approval of
Oak Pond Hills 2nd Addition in Section 36 adjacent to.Cliff Road. The 12 acre
parcel is contiguous to the 1st Addition with lots at least one acre in size.
After discussion, Hedtke moved to recommend approval of the preliminary plat,
Roszak seconded the motion, subject to the following conditions:
1. That the
park -trail areas will be seexd•as outlots on the final plat
and a Warranty Deed and acceptable title be granted to the City at the time of
submission of the final plat.
2. That satisfactory completion of the park dedication requirements be
made at the time of submission of the final plat.
3. That no variances be granted herein except for front and sideyard set-
back deviations for purposes of preserving trees or topographic problems that
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exist, according to normal City policy.
4. That the plat be approved by the Dakota County Plat Commission because
of its abutting County Road 132.
All members voted in favor.
CAPP HOMES WAIVER OF PLAT. The next public hearing convened by Chairman
Harrison concerned the application of Capp Homes for waiver from subdivision regu-
lations to divide Lot 3, Block 8, Cedar Grove No. 3 adjoining and East of Cedar
Avenue. Mr. Mike Perlst4.n, attorney, appeared for the applicant. The report of
the Zoning Administrator, dated April 5, 1978, was reviewed and Mr. Perlstein
indicated that all conditions are acceptable with the applicant. Hall moved to
recommend approval of the waiver, with the instructions to the Building Inspector
that all recommendations of the Planner should be taken into account at the time
the building permit is granted. Blomquist seconded the motion, with all members
voting in favor.
PROPERTY RESEARCH ASSOCIATES REZONING AND PRELIMINARY PLAT - CARRIAGE
HILLS MANOR. Mr. Ralph Wagner and Mr. Leonard Juster appeared on behalf of the
applicant. The Chairman convened the public hearing concerning the application
of Property Research and Development Company for rezoning from R-4 Residential
Multiple to R-1 Residential Single 15 acres in the NWk of the NW'k of Section 14,
lying at the Southeast corner of Lexington and Yankee Doodle Road and in addition,
a public hearing for preliminary plat approval of proposed Carriage Hills Manor
consisting of Single Family development. Fifteen acres would be zoned R-1, with
35 single family lots and the balance an outlot with R-4 zoning. Roazak moved
and Hall seconded a motion to recommend approval to rezone the 15 acre parcel
from R-4 to R-1; all members voted in favor. Hedtke then moved and Blomquist
seconded the motion, to recommend approval of the preliminary plat for Carriage
Hills Manor, subject to the following:
1. Review and approval by the Dakota County Plat Commission.
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2. Compliance with the park dedication requirements of the City.
3. Landscape plan being submitted by the developer and approved by the
City to provide that Lots 10 and 11 with backyards to Yankee Doodle Road will
include planting or berming along Yankee Doodle Road.
All members voted in favor.
EAGAN CONSTRUCTION COMPANY - BOWLING ALLEY CONDITIONAL USE PERMIT. The
Chairman then convened the public hearing concerning the application of Eagan
Construction Company for conditional use permit for bowling alley on Lot 1, Block
2, Fox Ridge Addition in Section'9 at the Northwest corner of Yankee Doodle Road
and Coachman Road. It was noted that the City Council on April 4, 1978, deter-
mined that a bowling alley in a Neighborhood District in this location is a
similar conditional use. A number of neighboring property owners appeared with
questions anc concerns regarding the location of the bowling alley and its devel-
opment. The two applications included a petition for conditional use permit in
order to construct a bowling alley and a petition for conditional use permit
for on -sale liquor in the facility. It appeared that the notice had been sent
to all owners within 350 feet according to ordinance. There was concern about
additional traffic in the area, the screening from the apartment complex to the
West, the use of liquor on the premises, and its conformity generally with the
surrounding residential area. After considerable discussion and after hearing
the future owners and operators, including Mr. Cordes and Mr. Sell, Hall moved to
continue the two hearings until the next meeting of the Planning Commission to
afford the applicant time to submit a list of proposed restrictions for operation
of the bowling alley and the on -sale liquor facility. Hedtke seconded the motion.
Hall voted yes. Those voting no were Roszak, Sperling and Blomgcist. Those
abstaining were Hedtke and Harrison, and rhe motion failed. Hedtke then moved to
continue the public hearing for 1'k hours to permit the applicants to prepare a
list of conditions for the operation of the bowling alley and liquor facility.
Blomquist seconded the motion; all voted in favor.
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FEDERAL LAND COMPANY CONDITIONAL USE PERMIT -,BICENTENNIAL ADDITION. The
next public hearing regarded the application of Federal Land Company for condi-
tional use permit for a motor repair facility and variance to allow a split
facility for a service station in Bicentennial Addition -Yankee Square shopping
center. Martin Colon appeared and explained the separated facility proposal and
in addition, the proposed variance consisting of 5 foot sideyard setback for the
auto service building. There was concern about location of a sidewalk along
Washington Drive, which is required under the Planned Development. After.discus-
sion, Blomquist moved and Hedtke seconded a motion to recommend approval of the
application for conditional use permit forservice station and for variance to
permit the required auto service bays on a separate parcel, subject to the follow-
ing:
1. There would be no auto body work permitted in this auto service center.
2. The cross easements for driveways and parking on the auto service site
and adjacent properties West and North shall be submitted to the City Attorney
for review and approval.
3. Outside lighting shall be provided at both sites.
4. The sidewalk along one side of Washington Drive required under the
PD Agreement shall be provided at the time of development of the service center.
5. That a method of watering landscaped areas shall be established and
approved by the City staff.
All members voted in favor except Sperling who abstained for the reason that he
felt that the traffic problems may become too great, particularly if a drive-in
bank facility is located next to the service pumps. Blomquist then moved and
Hedtke seconded a motion to recommend approval of the 5 foot sideyard setback
variance on the basis of hardship because of the need to locate the building 5
feet from the property line. All members voted in favor, except Sperling who
abstained.
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CAMERON:DEVELOPMENT COMPANY REZONING AND PRELIMINARY PLAT - CAMERON ACRES.
The public hearing next convened regarded the application of Cameron Development
Company and Richard Grekoff to rezone approximately 5.4 acres from R-4 to R-2 PD
and for preliminary plat approval for proposed Cameron Acres for 40 duplex and
townhouse sites. Mr. Grekoff appeared for the applicant. The staff recommended
that the zoning be retained at R-4 and that the street remain a private street
because of the inability to develop a 60 foot city street on the parcel. The
Homeowners Association would control the common area and also maintain the
private street. There was concern about adequate off-street parking and the
developer indicated 7 parking spaces. It was recommended by the staff that addi-
tional off-street parking spaces be provided. Mr. Grekoff withdrew the applica-
tion for rezoning. Mr. and Mrs. Tom Giguere, neighboring property owners, were
concerned about landscaping of the adjoining area and also the exit from the
private street to the North. Sperling moved and Hedtke seconded a motion to
continue the public hearing for the preliminary plat until the April 25th meeting
for further review and recommendation by the staff. All members voted yes.
JOHN AND ROBIN CLAREY KENNEL PERMIT CONDITIONAL USE. The public hearing
regarding the application of John and Robin Clarey for conditional use permit for
a dog kennel in Lot 4, Block 3, Wescott Garden Lots on agriculturaly zoned prop-
erty was next opened. Mr. and Mrs. Clarey were present and indicated the kennel
would be for private use only, with a maximum of five dogs at any time. Hedtke
moved and Sperling seconded a motion to recommend approval subject to the follow-
ing:
1. That the conditional use be reviewed each year prior to the renewal
of the kennel permit.
2. That all animal waste be adequately disposed of on a.regular basis.
All members voted in favor.
EAGAN CONSTRUCTION COMPANY RECONVENED PUBLIC HEARING. Mr. Jean Parranto
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again appeared for Eagan Construction Company, the developer of the proposed bowl-
ing facility on Yankee Doodle Road, and stated that the developer would agree to
ditch work for storm drainage along Yankee Doodle Road, that only vending machines
were planned for food and suggested the following conditions:
1. That additional parking will be provided if necessary.
2. That the parking area and the garbage area would be cleaned daily.
3. That the gamerooms will comply with existing and future ordinances of
the City of Eagan.
4. That there would be no direct access to Yankee Doodle Road.
Member Hall objected to a decision on behalf of the Planning Commission without
further study and input from area owners and residents. Chairman Harrison
stated that he felt that bowling and liquor were not compatible in the Neighbor-
hood Business in this area, which is mainly residential, and further cited poten-
tial traffic problems. Hedtke then moved to recommend approval of the conditional
use permit for the bowling alley on Lot 1, Block 2, Fox Ridge Addition, subject
to the following conditions:
1. That a revised landscape plan shall be submitted, including the West
side of the property, and to include watering facilities and landscaping along
Yankee Doodle Road.
2. That a drainage plan be submitted for approval by the City including
filling and leveling the drainage ditch along Yankee Doodle Road.
3. That the parking lot shall meet all requirements of the City for curb
and gutter, plus storm sewer and drainage purposes.
4. That there be adequate screening for the trash and waste collection
location, including top screening as well as side screening.
5. That special fencing or barriers be provided for protection of children
along the West line and the North line of the property adjacent to the residential
areas.
6. That the petitioner will comply with any amusement device - gameroom
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ordinance that is in existence of will be enacted by the City in the future.
7. That the applicant will meet with Mr. Applebaum to work out any prob-
lems concerning the West boundary area of the proposed bowling facility property.
8. That a conditional use permit issued at this time shall include the
proposed future expansion of the building provided all ordinance requirements,
including parking are met, and subject to review by the Planning Commission and
Council of the building plans and site plans prior to the issuance of a building
permit.
9. That all landscaping shall be completed within six months after the
facility is open for business.
Sperling seconded the motion and stated that he felt that a bowling alley is
needed in the general area. Those in favor were Hedtke, Sperling and Roszak.
Those no were Hall and Harrison. Blomquist abstained indicating she felt there
was not sufficient information. Hall voted no because he felt there was not
sufficient research and input, /although he felt that the use was proper in the
area
EAGAN CONSTRUCTION COMPANY CONDITIONAL USE PERMIT FOR ON -SALE LIQUOR. The
applicant proposed the following additions for the on -sale liquor on the bowling
alley premises:
1. That there would be no dancing facilities on the premises.
2. That the areas in which liquor is served will not be open during the
operation of any junior bowling leagues.
3. That there be no intoxicating drinks allowed in the gameroom.
Hedtke moved to postpone the hearing on the conditional use for liquor to April
25, 1978, Hall seconded the motion. There was discussion concerning the need for
variances from the liquor regulations. Those voting yes were Hall and Blomquist,
Harrison and Hedtke. Those voting no were Sperling and Roszak.
NAdGELE OUTDOOR ADVERTISING COMPANY APPLICATIOT.B. The continued public
hearings concerning the applications of Naegele Advertising Company for three
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conditional use permits for pylon advertising signs were nest convened. It was
noted that it appears under Ordinance 016 that conditional use permits are not
required for advertising signs of the nature requested and, therefore, the repre-
sentatives of the applicants present, Mr. Dan Henjum and Craig Lofquist, agreed
that the applications would comply with ordinance requirements for applications
for advertising signs under Ordinance 016. Mr. Henjum again briefly reviewed the
applications and stated that one advertising sign in the City is being lost and
that notice of the loss of a second sign has been received from MN/DOT. It was
also noted that the ordinance forbids signs in highway rights-of-way and further,
it appeared that the applicants did not submit information sufficient to determine
whether Ordinance 16.03 and 16.04 would be complied with in the case of the appli-
cation for each of the signs. Mr. Henjum suggested that in the case of the sign
within the proposed I35E right-of-way, that Naegele would enter into an agreement
with the state to relinquish any claim in theevent of the acquisition of the
right-of-way by the state, or that the sign B location would be moved and then
apply for a variance from the distance spacing under Ordinance 016. A neighbor-
ing resident appeared and objected to the sign B location for reasons including
those given at the meeting on March 28th.
Sign A - Hedtke moved and Hall seconded a motion to recommend the applica-
tion for Sign A proposed to be located East of Highway 013 and South of Blackhawk
Road on land zoned Neighborhood Business be disapproved under Ordinance 016 for
reasons including the following:
1. The proposed sign and location of the sign are incompatible with the
principles of Ordinance 052, Ordinance 016, Section 16.01, Subd. 1, and the Eagan
Land Use Development Guide in that it does not promote the health, safety and
general welfare of the City, its residents and property owners.
2. The City Council has in recent years attempted to control the arbitrary
and expanded spread of advertising signs throughout the City and particularly
along existing and proposed major thoroughfares.
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3. It does not comply with Ordinance #16.04, Subd. 3 in that it exceeds
the maximum size for an advertising sign and in the judgment of the Planning
Commission, the conditions including terrain, safety factors, site distance and
future proposed use of the site area do not justify the approval of a variance;
further that sufficient information and compliance with 16.03 and 16.04 has not
been submitted by the applicant. All members voted in favor.
Sign B - Hedtke moved and Sperling seconded a motion to recommend to the
Council that the application for Sign B proposed to be located East of Pilot Knob
Road and approximately 3.100 feet South of Yankee Doodle Road be recommended for
denial for reasons including the following:
1. The proposed sign and location of the sign are incompatible with the
principles of Ordinance #52, Ordinance #16, Section 16.01, Subd. 1 and Eagan Land
Use ESvelopment Guide in that it does not promote the health, safety and general
welfare of the City, its residents and property owners.
2. The City Council has in recent years attempted to control the arbitrary
and expanded spread of advertising signs throughout the City and particularly
along existing and proposed major thoroughfares.
3. Neighboring property owners and residents appeared and objected to the
approval of the sign permit at the original hearing and continued hearing in that
it would constitute a traffic hazard, potential nuisance in the area dnd tend
to depreciate the value of the property in the general area of the proposed sign.
4. The sign would violate the long time policy of the City in discourag-
ing development in the rights-of-way of proposed major streets and highways,
noting that the proposed location would be within what is proposed to be the right-
of-way of I35E or on lands zoned Agricultural.
5. The present zoning of the property does not permit advertising signs
under applicable ordinances, namely Agricultural zoning at the proposed location;
further that sufficient information and compliance with 16.03 and 16.04 has not
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been submitted by the applicant.
All -members voted in favor.
Sign C - Mr. Henjum and Mr. Lofquist stated that the proposed location
would not be within the proposed I35E right-of-way and it was noted there was
neighborhood opposition to the application. Member Roszak suggested that there
be additional fact finding and recommendation concerning the proposed location.
Roszak moved to instruct the staff to investigate fact finding procedures in
other communities and report to the Planning Commission at its next meeting
suggestions for fact finding procedures, noting that the Planning Commission
does not appear to have sufficient information to make a determination regarding
that application. Hedtke seconded the motion and all members voted in favor.
PROCEDURES MANUAL RDINANCE 1116. Harrison moved and Sperling seconded
a motion to continue consideration of the revisions for Sign Ordinance 1116 and
for the Procedures Manual until the next meeting. All voted yea.
MALLARD PARK 1ST ADDITION. Zoning Administrator Runkle indicated that
a proposal is being made by the current developer of Mallard Park 1st Addition
to request building permits for uses other than single family within the plat
currently zoned R-4. It was noted that the intention of the applicant at the
time of submission of the preliminary plat and the intention of the Planning
Commission and Council appeared to be that single family use would be made for
Mallard Park 1st Addition. The Administrator was asked to contact the proposed
developer and indicate that the use other than single family without Planning
Commission/Council approval would not appear to be permitted.
ADJOURNMENT. Upon motion by Roazak, seconded Blomquist, all members
voting yes, the meeting adjourned at about 11:45 p.m.
DATED: April 11, 1978
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City Clerk