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03/21/1961 - City Council Regular MINUTES OF A REGULAR MEm'ING OF , THE BOARD OF SUPERVISORS, EAGAN TOWNSHIP A meeting of the Board of Supervisors commenced at 7:00 0' clockI'M on Tuesday evening, March 2J., 196~ at the Town Hall. The following town officers on the basis of the verified election returns from the annual meeting on March 4Sb, 1961, were sworn in as the duly elected of'ficers of' Eagan Township for the terms as prescribed by law: Arthur Rahn Supervisor Martin Deslauries Constable Herbert Polzin Treasurer Dallas Savage Assessor. The regular meeting of the Board commenced at 8:00 0' clock fM, at which Chairman Bahn presided. The minutes of the preceding meeting were unanimously approved as read. Upon 1Il0tion duly made and. secon4ed, it was unanimously RESOLVED that Arthur F. Rabn be, and hereb1 is, e:).ecWd Cha1.rman of the Board of Supervisors to serve until the next annual meeting of the Township. Mr. Charles Rueger appeared in behalf of his application for a Phillips 66 service station on the Northeast corner of Cedar Avenue and Highway Ne. 13. He submitted detailed plans and specifications therefore, a legal description of the property involved, and verbal representation that he would obtain permission and right-ot-waf from the State of Minne- sota to tie in with the Cedar Grove Utilities Company sanitary sewage faci- lities. Upon motion duly made by Chairman Hahn and seconded by Supervisor Schwanz, it vas RESOLVED that Charles Rueger be issued a building permit in the sum of $20,000 for the construction of a gasoline service station upon the following described lands, to-wit: That part of tbe Northeast quarter (NE}f~) of Section Nineteen (J.9), Township T'.rlenty-seven (27), Range Twenty-three (23) t described as follows: Starting at the southwest corner of said Northeast Quarter (NE)4) Section, thence North alol'.g the West line of the Northeast Quarter (NE)4) Section One Thousand Fifty- Six (1,0,56) feet to the point of beginning: ther.ce Northeast- erly para11e~ to the State Highway #13 right of way a distar.ce of One Hundred forty-four (144) feet, thence at ri.:illt angles southeasterly a distance of 212 feet plus or minus to th~ north right of way line of State Highway #13, thence sou"ch- westerly along said right of way line 186 feet plUS or minus to highway site corner. thence southwesterly along said high- way site corner line 118 f'eet plus or minus to the west line of the Northeast Quarter eNE)/.) Section, thence north along said quarter section line l37 feet plus or minus to the point of beginning, excluding that portion taken for high way: purpOSGsc Also a permanent driveway easement starting at tho sou~heast corner of the above described property. thence northwes~erly a distance of 80 feet along said northeasterly property line to point of beginning, thence southeasterly along said property line 80 feet to the north line ot State Highway #13 right of way thence northeasterly along the northerly right of way line ef State Highwrq #13, a distance of One Hundred Sixty 0.60) feet, thence southwesterly to the point of beginning; subject to WIitten notification from applicant to the Town Board when the sewage and water facilities have been completed. Mr. John Todd appearing on behalf of Cedar Groye Construction Co.. t requested authority from the Board regarding the Rahn Road. Upon motion duly made by ChairDWl Rahn and seconded by Supervisor Trapp, it was RE- SOLVED that Cedar Grove Construction Co. be, and the same hereby is re- quired to dust-coat Rahn Road between County Road No. 7 and the North U.nc of property owned by Cedar Gr~ve Land Company. Mr. Todd further made request for action on the proposed street lighting on Cedar Grove No.1. The matter was referred to the Town Engin... eer for study and report and no formal action \flS taken on said request. Upon motion duly made and seeon4ed, it was unanimously RESOLVED that Thomas J. Diffie;,., G. J. Caldvell, 8.nd Joseph Adelmann, be, and the same hertby are re-appointed as members of the Advisory Plar:.ning Committee for a term of three years. The Town Attorney presented Pl'Oposed amendl'llents to Zoning Ordin- an-ce No. VI adopted by the Advisory Planning Committee, whi.-::h wer~ dis- '.mesad in detail. Upon motion d~ made b7 Chairman Rahnand seconded by SUP&!"viSOl' Schwanz, it was RESOLVED that Ordinance No. VI be, and t;h.::: same hereby is _ended &8 pl"OpOsed. coPY' of which is hereto attached as Exhibit "AU. Uponmotioft dulJ II84e and. eeoonUcl, it wasBESOLVED that~ in aocordallce v1th the Resolution adopted at the armual town lUeating March 14tb. 1961, authorizing the IIIaXi.mum compensatiotl to the Town. officers pro- rlded b)' law, the tollowing salaries be paid in the ensuing year: ~ $780 per . annum Su.pervisors (2) - $600 (each) per &MUll Clerk - 1600 per annum Treasurer - 1.500 per aaJ1UZ. It WD further RESOLVED tbat said salaries be paid to the appro- priate officers quarterlr. The restpation of Louis Fischer as Clerk was submitted and read. Upon motion duly made and seconded, it was RESOLVED that the Chairman re- quest Mr. Fischer to reconsider before eny final action be tak~n .upon his resignation. Upon motion duly made and seconded it was resolved that the fol- lowing 3.2 Beer licenses be, and the same hereby are gra~.te'i f.:>:f.\ ';hc year 1961, to-wit: s. J. LeTendre d/b/a! LeTendre Store d/b/a! Lost Spur Ranch Club d/b/a! Hillside I~n Koplitz Enterprises Laurence Tousignant Upon motion the meeting adjourned. Dated: Harch 21st, 1961. (~~ '~rki' Clerk Township of Eagan Dakota County. Minnesota *INANCE NO. VI ... ZONING ORDINANCE (AMENDED ) AN ORDINANCE for the purpose of promoting the health, safety, order, convenience and general welfare by regulating the use of land, the location and use of structures and oontrolling the density of population in the Town- ship of Eapn. The Board of Supervisors of Eaaan Township ordains: SECTION 1. PURPOSE, OON8;RUCTION ~ DEFINITIONS 1.01 -- PURPOSE. This O~nance is enacted pursuant to Minnesota Statutes Annotated Sections 368.01 and 412.221 and other applioable laws of the State of Minnesota for the purpose of promoting the health, safety, order, convenience and general welfare by regulating and controlling the use of land and the location and use of structures thereon and the density of population in the Township of Eagan. 1.02 -- CONSTRUCTION. This Ordinance shall be known as the "Eagan Township Zon1ng Ordinance". It shall be constz-ued as sett~ forth minimum req\li.rements for land use in the Townsh1p. Any other Ordinances of this Township containing greater requirements than contained in this Ordinance shall be controlling to the extent only of such greater requirements. 1.03 -- DEFINITIONS. All words and te:ma used in this Ordinance shall be given their 00IID1l. sense meaning coll8i.dered in context. For clarity the following terms are specifically defined. Structure - any building of whatever size, shape and materials. Lot - any parcel of land so designated in a recorded plat. Parking Space - 240 square feet of land area contiguous or adjacent to structure requiring parking space. Billboard ... any sign or billboard owned or used by anyone other than the owner of the premises upon which it is situated. Platted... all land covered by a plat as hereinafter defined. ~ - any land plat made, approved and recorded according to law with the Register of Deeds. St:orr - each 10 feet of height above ground level of any etruct\lre. EXHIBIT "A" Setback - The distance of any structure away from the lot lines, or risht-of-way lines where lot is contiguous to a street. SECTION ~. ~ DlS'l'a+CTS 2.01 -- CLASSIFICATION. The following land use cU.stricts are hereby established under which all lands in Eagan Township shall be classified: A, ...- Agricultural District P, -- Public Facilities District B-1, Residential Urban District R-2, Residential Double District R-3t -- Residential Multiple District C-l, -- Light Commercial District C-2, -- Heavy Commercial District I-l, -- Light Industrial District 1-2, -- Heavy Industrial District. 2.02 -- ZONING MAP. The Advisory Planning Committee of Eagan Township shall maintain a zoning map, copy of which is hereto attached as Exhibit "AU and made a part hereOf, Showing the use classifications of all land thereon. This map, or an authentic copy thereof, shall be available at all reasonable times for public inspection. 2.03 - At AGRICULTURAL DISTRICT Land so classified may be used only for the following purposes; general and specialized farming <except small animal farms, kennels and enterprises); nurseries; and road-side stands selling pro- ducts produced upon the same premises. Every dwelling structure in agricultural districts shall be situated upon a minimum of three (3) acres of land, and shall be subject to Section 2.05 Subdivision 4. 2.04 -- P, PUBLIC FACILITIES DISTRICT Land so classified may be used only for the following purposes: public structures, parks, camping grounds, play- grounds, swimming pools, golf courses, churches and hospitals. 2.05 ...... R-l, R-2, R-', RESID!Jf.rIAL DISTRICTS. SuDd. 1. R-l, URBAN. Land 80 classified shall be platted property prior to placing any structure thereon. Each lot therein shall contain a miniDlWll of 15,000 square feet with a minimum dimension of 100 feet on any street side and a minimum 'of 150 feet on all other sides of anY' such lot. In the sole event central water and sanitary sewage facilities are pro- vided, or will be provided simultaneously with the development of any area eo classified, each lot therein shall contain a minimum of 10,000 square feet with a minimum dimension of 85 feet on all sides of any square or rectangular lot. Only one sinsle family dwelling and garage shall be permitted upon any such lot or parcel. Subd. 2. B-2, DOUBLE. Land so classified shall be platted property prior to placing any structure thereon. Each lot shall contain a minimum of 15,000 square feet and a minimum dimension of 100 feet on any street side and a mini- mum of 150 feet on all other sides of any square or rectangular lot. Only oll.a (1) two-family or single faJlli4t dwelling and garage shall be permitted upon any such lot. Subd. 3. R." MULTIPLE. Land so classified shall be platted property prior to placing any structure thereon. Each lot shall contain a minimum of 40,000 square feet and a minimum dimension of 170 feet on all sides of any square or rectangular lot. Only one (1) multiple dwelling unit shall be per- mitted upon any such lot. Subd. 4. GENERAL RESIDENTIAL PROVISIONS. In all residential distriots all structures must be set back from lot boundaries as follows: Staat side or sides - 30 feet. The Board of Supervisors at any time may require an increase 111 lot square footage or dimensions if deemed necessary to insure safe and adequate water supply and sanitation facilities. The Board of Supervisors, for purposes hereunder. at any time prior to final approval of any plat may permit reductions in the dimensions of irregu- lar~ shaped lots to conform reasonably to the topography, streets and gener- al layout of any platted area. All lots in all residential districts shall be contiguous to a platted street. established road or highway on at least one side. 2.06 -- 0-1, C-2. CGfMERCIAL DISTlUcrS. Subd. 1. C-l, LIGHT COMMERCIAL. No structure or land classified light cOlllmereial shall be used except as follows: retail stores. automobile filling stations and garages, indoor theatres, financial institutions. motels, offices and other business and commercial enterPrises of like kind and character. The following additional uses may be permitted: undertaking and funeral establishments; any drive-in business, outdoor advertising, junk yards, laun- dries, animal kenne.ls, stables and riding academies, provided that a special use permit has been obtained in accordance with Section 3.04. Subd. 2 C-2, HEAVY COMMERCIAL. No structure or land so classified shall be used except as follows: all uses permitted under C-l, light commercial; shopping centers; wholesale and jobbing houses; commercial indoor recreational enterprises; any establishments serving intoxicating beverages including 3.2 beer; lumber yards, printing establishments; plumbing, electrical and building contractors shops and yards; storage facilities and warehouses for soft goods, and other commercial businesses of the same kind and character. Subd. 3, GENERAL COMMERCIAL PROVISIONS. In all commercial districts all structures shall be set back from any boundaries contiguous to agricultural and residential districts at least thirty (30) feet which shall be considered a buffer zone and suitably landscaped to screen said commercial district from said residential districts. No such buffer zone shall be used for parking, driveway or loading areas. \fuere adjoining lots or parcels of land are used commercially there shall be a setback from any such boundary line of at least ten (10) feet unless any such adjoining lot structures shall be joined by a party wall or so close as to approximate a party wall. In any event the use of any lands so classified shall be subject to Section 3.03 herein. structures in these districts shall not be in excess of the following height limitations: Light commercial, maximum height -- 2 stories Heavy commercial, Maximum height - 3 stories Adequate water supply, sanitaI1' sewage and parking facilities shall be provided as herein after set forth in Section 3.0'. 2.07 -- 1-1, 1-2, INDUSTRIAL DISTRICTS Subd. 1. 1-1, LIGHT INDUSTRIAL. No structure or land so classified shall be used except as follows: any use permitted under C-2, heavy commercial; stor- age and warehouses for hard goods, trucking and expre8S establishments; yards and terminals; metal fabricating and welding shops; storage and sales yards for any building materials; bottling plants and distributors; light processing and manufacturing plants; trailer camps; laboratories; and other industrial enterprises of the same kind and character. Subd. 2. 1-2, HEAVY INDUSTRIAL. No structure or land so olaasified shall be used except as follows: all uses permitted in 1-1, light industrial districts; heavy processing, fabrioating and manufacturing. SuM. 3. GENERAL INDUSTRIAL PROVISIONS. In all industrial districts all structures shall be set back from the boundaries of any parcel of land upon which it is situated as follows: Front yard 40 feet, Rear yard 30 feet, Side yard 20 feet, provided, however, that if any lands so classified hereunder adjoin any agri- cultural or residential district, the side yard setback shall be a minimum of 150 feet and the rear lard setback a minimum of 100 feet which area shall be completely in lawn and suitably landsoaped to screen said districts one from the other. Structures in these districts shall not be in excess of the following height limitations: Light Industrial, maximum height -- 'stories. Heavy Industrial, maximum height -- 4 stories~ No parking or unloadina areas and f'acili ties shall be parmi tted in any front yard area, and will only be permitted in side yard areas where, in addition thereto, the aforesaid setback minimums exist in addition thereto. Adequate water supply, sanitary sewage and parking facilities shall be provided and approved in accordance with Section 3. SECTION .b GENERAL REGULATIONS '.01 -- NON-CONFOBMING USES. Any lawful use of any structures of land existing at the time of adoption of this Ordinance not in conformity herewith may continue, provided that no substantial change or addition to any existing structure thereon is made, no such structure is moved or substantially des- troyed, and such non-conformins use is not discontinued for more than six months. In any suoh event the non-conforming character of any such structure and land automatically ceases. Prior to making a.ny change or alteration in any non-conforming structure, the owner thereot shall make application ~o the Board of Supervisors tor approval. 3.02 -“ˆmSKING FACILITIESž/In all R-3`Multiple,çb^m¥drcial anÂan- ds.rkal districtdëgquaÌ˜ÿcrki¥Ý:area B¨‚ml be @rovideÉ6with each struc- ture in aco{dance with the àklowhn:W P-3 Multiple«er‰Œ a€NL‰Œ-hªÖ| (1)2°ü¸huking@rpaces¡nr each residen- tial unit.y Iommerrisl retaiËgffibe@a4d"recreationaÕ¶ƒ¹"oneüÜ¡½"par Ótg spaR¥Ãgor eQch 200Ãdquare feet of floor space. 7ogmercial wholesaê'-- nn r1+ parki.ng s%m.ÇorÉ50ûšiquare¹ºjn: oF!floor“[qace. Theatres (indoor) -- nn (1) aa`king 3pÉHm fos a9h"10 seats. ´ütün an ·Mövel æ—:one (éÃqarking spaceZlor each dwelling unit. Indutyial -- one (1) îukinf p;cg for every y®<ÇÁ4)ZÆ ‹†ye®É4 A sð²¯eb par{hng sp÷še shall consist of a minimumTa~ea of1teo hundrÌO((201)m )qware feet. I€Ó4ùfitiäÿKünl s¾Ùr struR´–ses shall pro&ede adequate access for suchTpmrki.ng spaces aë'are`s@f5r"loading anddV(ˆˆdiO&VpíÚ.0øš7- S1'Ë‰‹]RRES.Prior CG the construction of any newX br the1a~ter- aÞBgn og n# mld, structu-r/òl anCU]üld i¥š{ny R-àŽtltip´t gre!tÿt than two- family unit, comecial or industrîk dirti9t"the owner sÁç(Ç™reÿ Ço ¿Ò Advð¯§{~ Pla®ning C§mittee for approval detailedTpbans ad2specifiÈJ|ionr jt2epefore, incl´ìðe co.ÐÑûve p§Ûts for·‚uer supply, sòaitary sewage I ps.rking faclgties, landscapiè+~.$-s o1e. dust, odor_zƒÉnoK$]„†nt¹Õv, andCëykot €lan fo3ôstructure location and such tger maee`ial andŒOita `s@t2e"Committee bN}¾pequ>N° 3.ûŽ:-- SPtƒª@L USE PElIUT# Any specific use of any lan llassified eithý'comlec3an /r industr±Ü]Œre- •Éno¿šxpresGN²)tet frth he–in, or any commercial or inustrial1e|terprisÈX(deele 8y"the Board oÿ«ôêrerv•šöíq a¥Þ:Advis^²š!Planning ComÌgttee to be extra hazardous, oxious, or a nuisáde cy@r?aqon of odor,B “Å sj|-ËÉno¢É or fAO®z+ shaœl requË«e a special use permit prio uo the1c}nstructÇDf or!at?rction of any@V®ÒwctuÒŸÆÏp th®šose of<Ê‚oy land so deøggnated therefore. Applicatio gor such special[úte pdr i. shall firstç¶]Šˆde‚Â']“e ŠÞlisor,M›efnnin7 CommiBCee which sha,l thereafter mk its ceqommendaÛBgn tn h? @oar¯hf Stpß©%IYüµr5W8^û¢!¤ƒîÃl©o¾·a·Õaèsõ/ quiréf for aNy approzb\ XeBeXn 8I_ nW 1v=n the foãhwinf o7merciã'entdrÃLÅŽª ç`ÝZŒ”¡²r£ê!»i´\W’¹ r~quire special use permits: Any establishments serving intoxicating beverages including 3.2. beer. Any manufacturing, fabricating and processing plant. Any trucking and express establishment, yards and terminals. Any commercial and industrial enterprise where it adjoins any residen- tial district. 3.05 -- SIGNS AND BILLBOARDS. In all residential districts only name and aedress, for sale, and for rent, temporary construction, no trespassing and other personalized signs shall be permitted. In all commercial and iIld.U6~ trial districts only professional and business signs directly related to a particular land use whereon such sign 18 located shall be permitted. Approval of any sign in excess of 50 square feet in size must be obtained before in- stallation thereof. No billboard shall be permitted in any residential or public facilities district. BUlboards may be peralitted in agricuJ.tural, commercial and indus- trial distriets provided approval is obtained ~ior to installation thereof. Any sign or billboard now existing which is not in conformity herewith may be maintained for a period of one (1) year after the effective date of this Ordinance at the end of which time it shall be removed. 3.06 -- APPROVAL. Approval as used in this Ordinance shall mean that application therefore shall first be made to the Advisory Planning Committee in accordance with its rules and regulations, after which said Committee with- in a reasonable time, but not to exceed thirty C~O) days, shall make its recommendation on the matter to be approved to the Board of Supervisors. The Board of Supervisors shall thereupon consider same in the light of the Com- mittee's recommendation and the health, safety, order, convenience and general welfare of the Township. Within thirty (30) days thereafter the Board of Supervisors shall approve or reject said matter by appropriate resolution, copy of which shall be mailed to the applicant. SECTION~. REZONING POOCEDtJRES. No rezoning nor change in the boundaries of any use district shall b~ made except after a public hearing and majority vote of the Board of Super'lis... ors in favor thereof; provided, however, that upon initial rezor-1ng from A - Agricultural to any other land use the Board of Supervisors may, upon its own motion by appropriate resolution. eo rezone without any publlc h.aring. The Board of Supervisors. on its own motion, may or upon a written petition of sixty per cent (6o'j) by number of property owners located within five hundred feet (500) of property to be affected hereunder, shall fix ~ time for hearing thereon. Notice of such hearing shall be given by one week's publication and posting. In addition to considering the reasons for such re- zoning or change by the proponents and opponents thereof. the Board shall refer the matter to the Advisory Planning Committee for recommendation befor.e taking any final action thereon. SECTION 2. HARDSHIP . In any situation arising under this Ordinance that produces extrem$ hardship upon any land owner, application may be made to the Board of Super- visors for appropriate relief in e.ccordance with Section 3.06. SEO'1'ION 6. ADVISORY PLANNING CD1MlftEE. . - An Advisory Planning Committee. to be known as such, is hereby created which shall consist of seven (7) members appointed by the Board of Supervisors, all of whom shall be resident freeholders of Eagan Township and initially ap- pointed upon the following bas1s: 3 members 1 year term. 2 members 2 year term. 2 members , year term. Upon the expiration of the foregoing terms eacb. vacancy shall be filled by the appointment of a member for a term of two (2) years. The Advisory Planning Committee shall promulgate such rules of procedure as it deems necessary to effectively transact its business which, upon the approval by resolution of the Board of Supervisors, shall become valid and binding for the purposes of carrying out the intent and purpose of this Ord... inance. The first Advisory Planning Committee, which shall be appointed upon the adoption hereof. shall elect from its own members a Chairman and Secretarl to serve for a term of one (1) year, and like procedure shall be followed each year thereafter. SECTlOO Z. REroIDIES, EB!, PF.l{ALTIES Mm VALIDITY 7.01 -- REMEDIES. The Board of Supervi80%'s may institute any legal pro... ceeding it deems necessary and appropriate to effect compliance with this Ordinance. 7,02 -- FEES. To defray administrative costs of rezoning and the issu- anc.e of a':lY special permits required hereunder or by the rules of the Adv-isory Planning Committee, any applicant therefore shall pay to the Township Clerk at the ti.me of filing application the sum of $25.00 for rezoning and the cum of $5.00 for any special permit: provided, however, that upon'initial rezonin~ from any lands in A - Agricultural to any other land use there shall be no f:i.} ing f~,'e. 7003 -- PENALTIES. Any person who shall violate any provJ..6~on of th.~...s Ord:inallc3 shall be deemed guilty of a misdemeanor and shall be punished Ly a fine of not to exceed One Hundred Dollars (100.00) or impriso~ment in the cot1.D.ty jail for not more than ninety (90) days, or both, for each offense. Each day of violation shall be considered a separate offense. 7.01+ -- VALIDITY. The invalidity of any part of this Ordinance as de- clared by a court of competent jurisdiction shall not effect the validity of the remainder thereof. 7.05 -- EFFECTIVE DATE. This Amended Ordinance shall become effective from and after the date of its publication according to law. Adopted this 21st day of March, 1961. BOARD OF SUPERVISORS. EAGAN TOWNSHIP By Arthur F. Rahn, Chatrman AjfJ; st: , --( I ~ to "I . /11.1/ (j'\'~~ / f ~ V'.LV' Louis Fisc~r, Clerk