Lakewood Planning and Zoning Commission Meeting
Tuesday, October 31, 2006 at 7:00 p.m.
Lakewood Town Hall
Call to order: Commission Chair of the Planning and Zoning Commission, Bob Wolfe called the monthly meeting to order at 7:10 p.m.
Present: Chair Wolfe, Angie Dickenson-Palmer, Phil Halverson, Dick Bodine, Robin Downs, Recorder Shannon Ostazeski, Zoning Administrator Brennan Mears, and public (see attached registrar).
Pledge of Allegiance: The Pledge of Allegiance to the flag of the United States of America was recited by all present.
Minutes of Previous Meetings:
Motion by Bodine to accept the minutes from July 25th, 2006. Second by Palmer. Minutes approved.
Motion by Halverson to accept the minutes from August 1st, 2006. Second by Wolfe. Minutes approved.
Motion by Halverson to accept the August 16th , 2006 minutes. Second by Palmer. Minutes approved.
Motion by Bodine to accept the minutes from September 26, 2006. Second by Wolfe.
Minutes approved
Select Representative to November 1,2006 Board of Supervisors Meeting: Angie Dickenson-Palmer.
Staff Report: Zoning Administrator Mears
Two permits were issued
Issued Jerry Lipe a permit up on the Radke Road. He bought it from Mr. Bruckelmyer. He applied for an oversized building. The barn would be back by the private drive. It is allowed because it is not technically a road and does not have to meet the setbacks of such.
Working with Bruckelmyer on Radke Road yet.
Sent letter about junkyard on Lester River Road.
Martinson’s cleanup deadline has passed.
Passed out Conditional Use and Variance checklist. Make changes if you would like and then return it to me with your suggestions.
Fines for Lipe Bro. Construction and Great Lakes Stone: Possibly the only person we could fine is GLS for operating without a condition use. Tim Stromme is going to get back to us about this.
Unfinished Business:
Town Board Meeting Report for October 4, 2006—Wolfe
Talk of switching from a 3 person to a 5 person. There was discussion about changing the date of elections from March to November. People seemed to think a 5 person board would be the way to go and that switching the election date would not necessarily improve the voter turnout. It would cost an extra 2,500 to have a 5 person board. There may be a special election on this issue.
They talked about the clerk/treasure positions and discussed appointments rather than an elected position.
The Town Board did get final approval for the CLU Grant.
(Mears excused himself at 7:30 p.m.)
New Business: none
Unfinished Business continued:
Zoning Ordinance Proposed text changes—Process of changing Ordinance—refer to Article VIII, Section 7 of Zoning Ordinance
Wolfe went through this section of the Ordinance and checked with the members to see if they agreed. Suggestions made by Commission members for the drafted text change proposal below.
Section 7
7.01 General
A. This Ordinance, and the Zoning Map, may be amended whenever the public health, safety, convenience and general welfare would best be served by such amendment, in accord with the Township’s Comprehensive Land Use Plan by the procedures set forth in this Article.
B.
The Commission shall conduct a public
hearing and make a recommendation to the Town Board. Final approval or denial
of the proposed amendment shall be by the Town Board.
7.02 Zoning Ordinance Text
A.
An amendment to this Ordinance text may be
initiated by the Town Board, citizen, Planning Commission, or the
Zoning Administrator, or a resident or land owner of
Lakewood Township.
An amendment not initiated by the Commission shall be referred to it for study,
further action as deemed necessary, and reported back to the Town Board in
writing. If the Town Board decides to proceed with proposed amendments, it
shall direct the Planning and Zoning Commission to hold one or more public
hearings.
B.
Public hearings on text amendments by the
Commission, including requirements of notice to the public, shall be conducted
pursuant to Minnesota Statutes regulating the adoption of ordinances
Ordinances by Counties, and by the standards set forth in Sec. 8 or this
Article.
C.
After conducting a public hearing on an
Ordinance text amendment, the Commission shall report in writing to the Town
Board within thirty (30) thirty-one (31) days of the close of the
hearing. Upon filing of a report by the Commission, the Town Board, in the
manner prescribed by Minnesota Statutes, may by Ordinance adopt the amendment or
any portion thereof as it deems advisable.
7.03 Zoning Ordinance Map:
A.
An amendment to the Zoning Map may be
initiated by the Town Board, the Planning Commission, Zoning Administrator,
or a resident or landowner of
Lakewood Township,
or by the property owner of record, or authorized representative. An
amendment not initiated by the commission Commission shall be referred to
it for study, further action as deemed necessary, and reported to the Town Board
in writing. If the Town Board decides to proceed with proposed amendments, it
shall direct the Planning and Zoning Commission to hold one or more public
hearings.
B. In the case of an amendment initiated by one or more property owners of record, a verified petition shall be filed with the Zoning Administrator containing the signatures of not less than fifty percent (50%) of the owners of property lying within one-half (0.5) mile of the boundaries of the property affected by the proposed amendment. The petition shall also contain the signatures of all owners of the property for which the petition is being filled, or shall be accompanied by documentation authorizing the person acting on behalf of such owners to act so.
C.
If
directed by the Town Board the The
Commission shall conduct at least one (1) public hearing on the all
proposed Zoning Map amendments and report to the Town Board in writing within
twenty (20) thirty-one (31) days of the close of the hearing(s).
1. The Commission shall give notice of public hearings for Zoning Map amendments in the manner prescribed in this Article.
2. The Commission’s report to the Town Board shall contain a statement of the evidence relied upon, the factual determination make from the evidence, and the criteria used in reaching its recommendation.
3.
Failure of the Commission to report to the
Town Board within the herein prescribed time shall be deemed to be
recommendation fro approval by the Commission of the proposed amendment.
D.
Upon the filing of a report by the
Commission or upon expiration of the
twenty (20)
thirty-one (31) day period, the Town Board may by resolution adopt the
amendment or any portion thereof as it deems advisable.
E. Once an amendment has been acted upon by the Town Board, the matter shall not be reconsidered, nor shall any additional amendments involving the same parcel or property be heard or considered by the Commission or the Town Board for at least twelve (12) months.
F.
Once a parcel of land has been rezoned by
petition, the development intended for said parcel of land must be substantially
begun, as determined by the Town Board, within twelve (12) months of the
date of approval of said zoning change. If the Town Board determines that
there has been a failure to substantially initiate such development,
it may result in the cancellation of cancel said zoning
change, and may determine that the zone classification may revert
to its previous classification, if so determined by the Town Board.
Motion by Halverson to approve these text changes. Second by Bodine. All approve. Motion passes.
5 minute recess at 8:15. Meeting reconvened at 8:20
Zoning Ordinance Proposed Text Change—Article VIII, Section 4 and Article VIII, Section 6.03—Appeal Process
Wolfe: Reads the text change proposal made by Zoning Administrator Mears.
Halverson: It should also say where you file, to whom and what time you can file them. A lot of times no one is here on Friday.
Bodine: It could be postmarked.
Palmer: We should refer this back to Mears so he and the Town Board can see what is reasonable.
Bodine: If you give it the postmark that should give them more than sufficient time.
Halverson: We can write something and they can change it if they want, lets just get something to them.
Suggestions made by Commission members for the drafted text change proposal below.
Section 4 Appeals from Decisions
A.
Appeals from Commission decisions may be
made to the Town Board of Supervisors within thirty (30) days of the decision.
B.
Appeals from Commission decisions shall be made to the Town Board of Supervisors.
The appeal shall contain the information required on the Appeal Form that may be obtained from the Township office. An appeal of a Commissions decision shall be in writing addressed to the Town Clerk and postmarked or hand delivered to the Town Clerk no later than seven (7) days after the decision.
Motion by Halverson to recommend the proposed text change. Second by Bodine. All approved. Motion passes.
Wolfe: What about the Board of Adjustment section?
Motion by Halverson that Ostazeski may draft the Board of Adjustment section with our drafted language. Second by Bodine. Motion passed
Drafted text change below.
Section 6.03 Appeals from Board of Adjustment Decisions
A. All decisions by the Board of
Adjustment in granting variances or in hearing appeals from any administrative
order, requirement, decision or determination shall be final except that any
aggrieved person or persons, or any department, board or commission of the
jurisdiction or of the County or State shall have the right to appeal within
thirty (30) seven (7) days after the receipt of notice of the
decision, to the Town Board of Supervisors.
The appeal shall contain the information required on the Appeal Form that may be obtained from the Township office. An appeal of the Board of Adjustment decision shall be in writing addressed to the Town Clerk and postmarked or hand delivered to the Town Clerk no later than seven (7) days after the decision.
Zoning Ordinance Amendment Process
Wolfe: Commission member Kerry Leider (not present) proposed that the Conditional Use applicant be the only one allowed to appeal decisions made by the Commission to the Town Board. His understanding was that was the original intent of the Appeal Ordinance. There used to be no appeal process except going to court. Three or four years ago this was changed.
Halverson: If it was made on a whim the Board can just throw out frivolous requests as they see fit. They wanted to stop things before they ended up in court.
Downs: Was there any other intent in that decision?
Wolfe: In the past the Board has informally responded to this issue before. They felt that an aggrieved person may be someone other than the applicant or landowner.
Motion by Wolfe that we reject this proposed text change. Second by Downs. Motion carried.
Driveway Definition Text Change Proposal
Discussed shortly and it was decided it should be tabled until next month.
Palmer: I would request that our proposed text changes be accepted by the Commission in the minute form and then presented to the Town Board next month.
Other:
Wolfe: Comprehensive Land Use Plan Update—How do we want to be involved?
Palmer: Have one or two people from this commission.
Halverson: We are hiring a facilitator. We could say we don’t want to be involved, we do and how many members. We don’t know what we are signing up for. It’s to decide what to do with the public input we get from the community. Do we want to get into Planning?
Bodine: I think we need to be a part of this. I would say whoever is involved should plan on giving time for at least one meeting a month.
Palmer: We could tell the board we want representatives at the meetings and rotate.
Halverson: I think we would need to be a committed group. You could always show up if you want to. I would volunteer to participate.
Wolfe: I would like to know what the commitment would be.
Wolfe: December meeting is scheduled for the day after Christmas. Do we want to change this?
Motion by Palmer to not have a meeting in December. Second by Downs. Motion passed.
Motion by Palmer to adjourn. Second by Halverson. Meeting adjourned at 9:25.
Respectfully Submitted,
Shannon Ostazeski
Township Recorder