Lakewood Planning and Zoning Commission Meeting
Tuesday, September 26, 2006 at 7:00 p.m.
Lakewood Town Hall
Call to order: Commission Chair of the Planning and Zoning Commission, Bob Wolfe called the Public Hearing to order at 7:05 P.M.
Present: Chair Wolfe, Dick Bodine, Al Eastman, Chris Roningen, Robin Downs, Kerry Leider, Phil Halverson, 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.
Determination of Voting Members:
Alternative Kerry Leider will be voting tonight
Minutes of previous meeting:
No minutes from August because of lack of quorum.
August 1st and 16th and regular commission meeting on July 25th.
Motion by Halverson to table the discussion about the minutes until the commission has a chance to review them all together. Second by Cutts. Motion approved.
Commission decided they needed the full packet of minutes together and suggested it would be nice to receive them in the mail ahead of time before approving them.
Previous unofficial meeting: Wolfe
Clint Massie came and discussed issues with Great Lakes Stone.
Talked a bit about appeal on the cell tower
Eastman: So they didn’t approve the cell tower?
Wolfe: The County requires the tower to be at least 1000 feet from a residential area and it was not, therefore it could not be allowed.
Wolfe: The applicant would be able to reapply under the new ordinance.
Leider: There is nothing to say his tower could not be within that limit. My biggest concern was how the appeal process impacts our commission. I wonder what value we have if our decisions are open to appeal by the board. We had just finished the process of the conditional use. Our work was reversed without any consideration of our board. Most of us did not even know there was a meeting of appeal. We went through the process and now I want to know if what Follmer would have needed to do was to request a variance.
Wolfe: It is absolutely appropriate that if there is a hearing they would let us know and more than through the posting of a public hearing. Despite all the hard work we put in the board acted appropriately. No one knows how we missed it but we did. This is exactly what the appeal process should be for. We put in a lot of time but we must remember we are an advisory committee.
Bodine: Just the fact that we have the number and diversity of people on this committee and the decision we make can be countered by three people makes it hard to sit here.
Wolfe: When we made that decision there were only three people making that decision. We did not have an overwhelming majority in support.
Eastman: The conditional uses were popular across the whole board. We hammered those out.
Mears: During the appeal hearing I said one of our conditions related to the space needed.
Eastman: MUNS-4 is not residential area it is a rural residential.
Leider: Requests minutes of that hearing so we can read the basis for their decision.
Mears: I’ll go make a copy. You don’t need to make a motion.
Leider: We didn’t have to note that specifically in the conditions, that should have been covered by a variance. I would like to see us reaffirm this by having the board explain their decision. I want to pursue this somehow.
Bodine: Yes we did overlook this but you think that the board would have requested he put his tower in another spot or recommend a variance.
Leider: I would request it be on our new business for next meeting: The conditional uses permit of Greg Folmer. With the information we could then go to the board and tell them what we think.
(Mears: passed out the 8-28-06 board special meeting on the appeal on telecommunication tower conditional use.)
Representative for October 4, 2006 Board of Supervisors Meeting: Phil Halverson
September 6, 2006 Board Meeting Report: Wolfe
Lipe Brothers Construction: Review of the conditional use permit
Five Person Board: Attorneys report on how to transition from a 3 to a 5 person board.
Cutts: Where did the suggestion come from to change it to 5?
Mears: It came from the board.
Wolfe: There is no ability for our board to discuss or be together because even 2 people make a quorum and it therefore is a public hearing. They also want to have more diversity. With 5 people you have the ability to spread out the workload and have more assets to draw on.
Eastman: We need to have a financial person. If they adopt that they could just do away with the PZ commission and save a little money. Let them make all the decisions. Have a board of adjustment and the town board.
Zoning Administrator Report: Mears
-1 permit has been issued.
-We need to decide a date for a review of the condition use permit for the Lipe Brothers
-Looking at a few salvage yards.
-Director of public roads says the Cant Road is a public road. I’m waiting for the official letter.
Unfinished business: Zoning Ordinance Proposed Text Change
Wolfe: I proposed new language last March. There are some areas in this section of the Ordinance that are ambiguous. The first is the process and the second is when the public hearing occurs.
Motion by Leider that when we consider text changes they be presented in a format exact to the current ordinance wording. Parts that are to be omitted would have a line striking through the wording, parts you want to be added they would be underlined or highlighted.
Second by Halverson.
Motion Passes. (One against, one abstention and the rest in favor)
Eastman: Reads 7.02 A. The way I read that a citizen or Rice Lake can come and request a text change. It should read a citizen or landowner of Lakewood Township.
Section 7 Amendments: Made by Commission members
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.
1. 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. The Town Board will then determine whether the commission will
conduct a public hearing.
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 by Counties, and by the standards set forth in Sec. 8 of this Article.
After conducting a public
hearing on an Ordinance text amendment, the Commission shall report in writing
to the Town Board within thirty (30)(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.
Eastman: In C. that should not be 30 days. It should be 10 days.
Halverson: What if it does take 30 days, such as we can’t get a quorum together.
Leider: It doesn’t hurt to be there.
Halverson: If we say 31 it can come back at the next regular meeting.
Wolfe: I move that we table this until next meeting and we have a copy of our changes to work on next meeting.
September 19th, 2006 Variance Hearing Report: Cutts
Melander on Wall Road was denied a variance because he could not create his own hardship.
Other Business:
Mears: Table the Driveway Definition Text Change Proposal
Halverson: You should be amending the general (101 J) instead of the access to a roadway.
Wolfe: Table The Zoning Ordinance Proposed Text Change – Appeal Process
New Business:
Mears: Conditional Use Permit for Lipe Bros. Construction on property at W. Tischer and Jean Duluth Road. On page 119 of our Ordinance it goes over permit noncompliance. The first issue is that Jerry Lipe is in violation for LBC. We need to decide what to do with Clint Massie. If Lipe were to sell land to Massie would the condition go with the land or would Massie have to apply for a variance?
Eastman: Back when we had this case Lipe did ask, and it is in the minutes, about leasing his land in that meeting.
Cutts: Massie said Lipe would be willing to get rid of the salvage yard for exchange of this working out so Massie can buy the land.
Wolfe: That could mean it would have to be turned into commercial.
Wolfe: We do need to review this
Mears: His conditional use says Lipe Bros. only.
Eastman: If he is willing to negotiate somewhat it could be a better deal.
Wolfe: We need to decide if he is operating outside of that conditional use permit. We should have a special meeting and review the conditions. Then we can present to the Town Board.
Leider: Do we still have to have the discussion when it seems obvious what we should do?
Mears: Yes. 11.03 (p. 106) Noncompliance section says we need to have a hearing to review the facts. We should schedule a hearing for after the next Board meeting.
Cutts: The next meeting night is Halloween.
Wolfe: Hearing three weeks from tonight, the 17th and our meeting on the 24th.
Motion by Downs to adjourn. Second by Bodine. Meeting adjourned at 9:20 p.m.
Respectfully Submitted,
Shannon Ostazeski
Township Recorder