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HomeMy WebLinkAbout04-16-81 r City of Lakeville Planning Commission Meeting April 16, 1981 Chairman Pat Harvey opened the Planning Commission meeting at 7:30 p.m. inthe City Council Chambers . Roll call was taken; Present: Miller, Antolik, Harvey, Johnson, Enright, Rice, Absent: Geisness Also Present: Pat Farrell, City Attorney; Sid Miller; City Building Official; Alan Brixius of Northwest Associated Consultants, Inc. Mr. Harvey asked far review and comments on the Planning Commission minutes of May 2, 1981.. No comments were made. $1.68 Motion was made by Enright, seconded by Miller to approve the April 2, 1981 Planning Commission meeting minutes. .Roll call was taken on the motion: Ayes: Antolik, Harvey, Johnson, Enright, Miller. Abstain: Rice. • Chairman Harvey opened the pub{ic hearing on the City of Lakeville's application to amend the zoning ordinance requirements for mobile home tie-downs and the deadline for compliance. Mr. Farrell stated it was a duly advertised hearing. Mr. Don Rieger stated he was in favor of the ordinance as amended as the orcinance as it exists is being applied unfairly indifferent trailer courts. He suggested that the ordinance be passed as amended. Mr. Harvey was not aware that an amendment to the ordinance was actually worded. Mr. Rieger stated that he was aware of a variance from the ordinance for parks in the hole, or households i financial trouble or physical hardship. Mr. John Sawicki of Queen Ann .presented a petition signed by 90°l0 of the residents of Queen Ann Trailer Court. He asked why the City made such a hasty decision enacting this ordinance. Queen Ann has existed since 1959 with no storm damage, so why tie- downs now. The location of the court determines if the court is safe from storms. Mr. Harvey read the petition. Ms. Barbaro Smith of Queen Ann Court stated that she had nothing against tie-towns, however, felt the individual homeowner should decide for themselves. The ordinance infringes on their rights. ' Ms . Anna Greene of Queen Ann Court stated that other courts. were not troubled with • .trailers being damaged by strong winds, except Ardmour. 'If'a trailer is blown over the homeowner can still salvage their belongings, but if a trailer is tied down during a tornado, the structure may explode. Y City of Lakeville Planning Commission Meeting Apri 116, 19$1 • Mr. Lyle Bock of Ardmour Court stated that ~4rdmour people weren't the people who told the City to start the ordinance. Mr. Mike Glowen of Ardmour Court stated that Ardmour court was hit by straight line winds and some neighbors lost homes. They had never stated that the tie-down would save the homes from tornados, however, many homes that are. tied down withstood the impact of a neighboring trailer. He further stated that the ordinance'should not be changed. It would be unfair to the residents of Ardmour who have already complied. Mr. Gene Westerdahl of Queen Ann stated he wasn't against tie-downs, however, he is against one park starting an ordinance for everyone. He stated he was located on a bed rock and was not able to place tierclowns: He felt it was an unfair expense to the home- owners and it should be an individual's option. Mr. Westerdahl stated that Queen Ann has experienced wirxls of 95 miles per hour and` only lost three sheds. Mr. John Ktytor of Queen Ann stated that a storm shelter would be more preferable than tie-downs. Mr. Emmitt Sholberg stated that the tie-down would give a false sense of security. He stated everyone out there. is in the same boat and he cannot foresee benefits from tie-downs. • Mr. James Irvin oF~Country View Court stat~sd that the trailers had to be blocked by code. Blocking to code and tie-downs would cost $7f~ to $800. He asked if the ordinance is currently in effect. Mr. Farrell responded that as of May 1 1981, individual homeowners and park owners would be in violation unless they comply with the ordinance. Mr. Irvin asked if this can be enforced on private property. Mr. Farrell replied that lots of things can be regulated on private property.. Ms. Athea Anderson of Country View asked if the ordinance had been amended for thirty days. Mr. Farrell stated the ordinance is currently active. Ms. Anderson asked if the City was going to remove trailers not in compliance after May 1st. Mr. Farrell stated that this would not happen and listed some of the alternatives the City would have available to it in enforcing the ordinance. Ms. Anderson stated that she has heard nothing but complaints about the ordinance. Many people are on fixed incomes and can't afford them, banks won't give loans for these tie-downs, and Country View Courts has a high water evel and the tie-downs wil{ not hold. Mr. Farrell stated that he attempted to locate some public assistance programs and thus far has come up with nothing. Mr. Harvey read the petition from Country .View Court. Mr. Jim Shea of Queen Ann said the law states that the City or the parks can require tie- downs. He felt that the parks should decide. . 2 t City of Lakeville Planning Commission Meeting Apri 116, 1981 Ms. Bonnie BaII of Ardmour Court asked where were these people when it was discussed by the City Council . She didn't want a neighboring trailer flying into her home. Ms. Bonnie Sevlt of Queen Ann stated that. the. contractor won't return to Queen Ann. He distroyed his auger due to bedrock. Mr. Robert Bauman of Country View stated that the tie-down strap has to be loosen during winter months.. If these straps are not loosened, .damage to the trailer can result from stress. How are the elderly going to loosen and tighten these straps each year, Mr. Don Schmitt of Country View asked if the City Engineer has done any research on the benefits. of the tie-downs:.:- Sid Miller responded; no. Ms. Clan Proska stated that it is their. responsibility to take care of their homes. To tie- . down a trailer it must be properly blocked and the cost would be $600 to $700. New trailers that are tied down don't receive a warranty . Ms. Geraldine Scholbert of Queen Ann asked what blocking meant. Sid Miller"responded that it .was adequately supporting the. trailer. • Mrs. Westerdahl of Queen Ann stated the. were on a fixed income and can hard) afford the Y Y bare essentials. How were they to afford the tie-downs? Mr. Farrell asked Ms-,. Proska if she had access to warranty information and if she could provide him with this information, -it would be helpful . Mr. Jim Sears stated that mobile homes manufactured in Minnesota require tie-downs, however, trailers in other states are not required to have them. Sid Mil{er replied that homes manu- factured in Minnesota-since 1.974 are required to have tie-downs and any trailer sold in the .state must meet code. Mr. Harvey asked about trailers purchased in other states and trans- ported here -are there any tie-down requirements? Sid Miller stated he didn~t know. Mr. James Irvin of Country View stated that Country View is located on a land fill and tie- downscannot be placed due to obstructions. Mr. Harvey asked if it was due to the condition of the fill. Mr. Irvin replied that they used anything that would. compact, i.e.; rocks, sand, cement. Mr. Lyle Bock of Ardmour stated that. they were also working at :the state level for the .provision of storm shelters and would appreciate help and support of the other trailer courts. Ms . Anna Greene'of Queen Ann started that ,Queen Ann had cement. patios that. the tie-downs would have to go through . 3 City of Lakevi l (e Planning Commission Meeting April 16, 1981 • Mr. Jim Shea of Queen Ann said the City should be concerned with individual safety and suggested that a provision of storm shelter should be recommended to the Council . Ms. Mary C~stercheck of Country View said that the last storm distroyed homes in Rosemount so they should require tie-downs on homes also. She stated she was totally against the ordinance . Mrs. Barbara Smith of Queen Ann said that conventional homeowners would be upset if they had to strap down their homes. Mr. Sawicki of Queen Ann asked what if we can't tie-down because of the bedrock. He suggested the ordinance be scrapped. Mr. Westerdahl of Queen Ann asked if the tie-down ordinance was class legislation. Mr. Farrell said it was not class legislation, explaining that the Building Code has many requirements for conventional homes that are not applied to mobile homes. Also the health and welfare clause enables the City to pass legislation to protect the health and we I fare of the City . Mr. Dan Rieger said that the metropolitan tie-down ordinances vary. Burnsville's ordinance has grandfathered in the existing trailers -tie-downs are required prior to resale. Finally, • tie-downs are not included in a trailer appraisal . Mr. Farrell stated he had not reviewed the Burnsville ordinance. Mr. Myron Anderson of Country View stated that he used flexible straps to tie-down his trailer that don't meet code. He stated that he can't afford the new tie-downs. He stated that it was a costly expense for a one time use. Mrs. Sindt of Country View stated that she can back her auger tie-downs out of the ground so the tie-downs are reuseable . Mr. Don Schmitt of Country View asked if sufficient engineering data was available at the time the ordinance was initially considered. Mrs. Sindt stated that the insurance companies give a preminium discount to trailers. with ti e-downs . Mr. Robert Bauman of Country View stated that tie-downs are only beneficial against winds up to 70 miles per hour and if blocked properly. _ Ms. Bonnie Ball of Ardmour asked if there- are legal ramifications for a trailer that flies into a tied down trailer. Mr. Farrell responded that the City should either enforce the ordinance throughout the City or discard the ordinance.. The City can be held liable if the ordinance • exists and is not enforced. The homeowner can take action against the owner of the trailer that wasn't tied down. 4 f City of Lakeville Planning Commission Meeting . April 16, 1981 Mr. Harvey asked if the Engineer could provide an alternative tie-down that would work in Queen Ann. Mr. Antolik stated his son lives in Queen Ann and had his trailer tied down. Mr. Tom Vrosso suggested that the City scrap the ordinance to protect the City liability and make the trailer owner happy. Mary C>stercheck asked if any study has been done comparing tie-down trailers against those not tied down. Mr. Harvey stated the damage done at Ardmour last year provided some comparison . Mr. Jim Sears said he would like to see the ordinance Left as written to be fair to the people who have. complied . Mr. Vrosso stated the majority say scrap the ordinance.. Ms. Karen Well of Country View asked where she could obtain information on how to install tie-clowns .herself. Mr. Harvey suggested that she speak to Sid Miller for that information. Betty Sindt added that park managers also have that information. • Mr. James Irvin asked how can ou tell if the anchor will hold. Mr. Harve stated the Y Y Building Inspector shall make an inspection. Sid Miller said if properly installed they should withstand 84 miles per hour winds. 81.69 Motion was made by 'Miller, seconded by Rice toclose the public hearing on the City of Lakeville's application to amend the zoning ordinance requirements for mobile home tie- downs and the deadline for compliance. Roll call was taken on the motion: Ayes: Unanimous. Mr. Harvey asked if Sid Miller had any information on the situation in Queen Ann Court. Sid Miller responded that they cannot drill in very far. Mr. Harvey asked if there are any alternative ways of anchoring into that bedrock. Mr. Farrell stated that the City should consider a time extension to give time to answer questions that have been raised. The warranty question is important and also the engineering questions. The proposed legislatiorrwould grant variances and depends on engineering information. Mr. Harvey interjected fihat if it is improbable to place anchors in Queen Ann he wouldn't pass this legislation. Mr. Farrell stated that the Commission must come to grips with the money situation. At • this time a time extension would be warranted. 5 r City of Lakeville Planning Commission Meeting Apri 1 16, 1981 Mr. Harvey said information on how to do it yourself .would reduce costs. Mr. Rice said the Planning Commission only makes recommendations, not legislation. He felt the Commission should send it back to the Council . Mrs. Enright said she has a lot of questions and would like to review the Burnsville ordinance . Mr. Antolik felt the time extension is warrgnted. He stated the trailer park should require the tierdowns. Mr. Miller stated he is concerned with the people who have already complied with the ordinance, on the .other hand the $600 to $700 expense also must be considered. He suggested that the trailer owner appeal to the state legislature for storm shelters. 81.70 Motion was made by Enright, seconded by Rice Whereas, the City Planning Commission of Lakeville has held a public hearing on April 16, 1981 regarding proposed amendments to the "tie-down provisions" of the Mobile Home Ordinance; and • Whereas, at the public hearing certain engineering, economic, .and legal questions were raised regarding the effect of the existing ordinance and the proposedamendments which require fur#her study before the Planning Commission can properly consider this matter. Therefore, the Planning Commission hereby recommends that the Council-extend the effective date of the tie-down requirement and provide the Planning Commission with the requested information as soon a feasibly possible. Roll call was taken on the motion: Ayes: Unanimous. Chairman Harvey opened a public hearing on the application of Thomas Berres fora con- . ditiona) use permit to operate a small engine repair and light welding business at 17134 Dodd Boulevard . 81 .7T Motion was made by Antolik, seconded by Enright to accept and forward to the City Council petitions received from Queen Ann and Country View Trailer Courts. Roll call was taken on the motion: Ayes: Unanimious. • b 1 City of Lakeville Planning Commission Meeting April 16, ] 981 Returning to the Berres public hearing, Mr. Farrell stated it was a duly advertised hearing. Mr. Berres stated his business would consist of a little welding and general repair. Mr. Antol ik asked i f th is was on the corner of Cedar and Dodd . Mr . Berres said yes . Sid Miller stated that the Dodd Park is developing and the special home occupation permit would expire after one year. The applicant would have to reapply fora 3 year permit. C~position can be voiced at that time . Mr. Johnson asked if the nearest house would be 300 feet away. Sid Miller said yes. Mrs.. Enright asked if there are safety requirements the applicant must. meet. Sid Miller responded that he must meet standards and the site is isolated so no problems are foreseen. Mr. Robert Miller asked if the applicant will change oil and have oil storage facilities. Mr. Berres said he will change oil and is proposing to have a 200 gallon tank and use the waste oil to heat the bui Idi ng i n the winter 81.72 Motion was made by Miller, seconded by Enright to close the public hearing on the application • of Thomas Berres fora conditional use permit to operate a small engine repair and light welding business at 17134 Dodd Boulevard . Roll call was taken on the motion: Ayes: Unanimous. 81.72 Motion was made by Rice, seconded by Antolik to recommend approval of a conditional .use permit contingent on-the applicant complying with the comments_of the Building Official's report..: Roll call was taken on the motion: Ayes: Unanimious. Chairman Harvey reopened the continued public hearing on the application of the City of .Lakeville to amend the zoning ordinance pertaining to Sec#ion 5 Administration -Variance and Appeals; Section 11.6 Minimum Floor Area per Dwelling Unit; Section 30 - R-5 Residential District Requirements for Townhouse and Quadraminiums; Miscellaneous Amendments of a minor nature. Mr. Harvey stated that. along with amending the permitted uses in the R-5 District, the permitted vse in the R-6 and R-7 Districts should also have been changed . Mr, Brixius stated that single family. units are not permitted in an R-6 district and for clarity the permitted uses are itemized . • • 7 r , . ~ City of Lakeville. Planning Commission Meeting April 16, 1981. . 81.73 Motion was made by Rice, seconded by Miller to amend zoning districts R-6 and R-7 as reads in the planner's report of April 8, 1981 . Roll call was. taken on the motion: Ayes: Unanimous Mrs. Enright found that the amendment had two changes from the original Section 5 of the ordinance, the minor variance exceptions and section 5.3 lapse of variance or appeal . Mr. Brixius stated the change in section 5.3 reduces the steps the applicant must take in requesting a time extension on a variance. $1.74 Motion was made by Enright, seconded by Johnson to recommend approval of the zoning amendment for Section 5 of the Lakeville Zoning Ordinance as it reads in the planner's report of March 12, 1981 . Roll call was taken on the motion: Ayes: Unanimous. Mr. Farrell introduced items that should be considered in a decision regarding the tie- down ordinance: 1 . Economic and engineering data on installation of ties in Queen Ann, Ardmour and • Country View, i .e . Bedrock -Queen Ann and water table -Country View. Engineering support for tie-downs. 2. Legal effect of possible loss of warranty by installation of tie-downs. 3. Availability of information for homeowner to install ties -past and future. 4. Lega! effect of having required individuals to install ties and who have installed ties and now releasing others from this requirement. 5. Question of whether ties can be removed and whether park owners prohibit removal when homeowner moves from park. Mr. Antolik stated he felt the park owner should be responsible for tie-downs. Mr. Harvey suggested sending information on how to install tie-downs. Betty Sindt said the information is available through perk management. • 8 P i V ~ City of Lakevi (le Planning Commission Meeting. • April 16, .1981 Mr. Harvey asked for discussionon miscellaneous amendments of a minor nature. Mr. Harvey raised a concern with Item Number Two -landscaping general residential". He asked if the City can enforce this. He noted that there have been cases in Wisconsin were regulations such as this have been defeated in court. Mr. Farrell said that the City should go along with the regulation. 81.75 .Motion was made by Rice, seconded by Enright to recommend zoning amendments of a minor nature. be approved as they read in the planner's report. of March 12, 1981. Rohl. call .was taken on the motion: Ayes: Unanimous. Chairman Harvey reopened'a public hearing for the cancellation. of the application of Felix Tillges to rezone lot 1, block 2 in Tillges Addition from R-4, Single and Two- family to R-5, Single-family, Two-family and Medium Density. Mr. Brixius stated the request for rezoning has been withdrawn and the hearing should be closed. 81.76 Motion was made by Enright, seconded by Antolik to close the public hearing. • Roll call was taken on the motion: A es: Unanimous. Y 81 .77 Motion was made by Rice, seconded by Antolik that whereas no formal rezoning application was filed by Felix Tillges to rezone lot 1, block 2 in the Tillges Addition from R-4 Single and Two-family to R-S, Single-family, Two-family and medium density, and public hearing was erroneously scheduled, a motion is made: to close the file on the Tillges rezoning until a formal application is'filed. Roll call was taken on the motion: Ayes: Unanimous. Other Bus;~ness: Mr. Harvey asked about park land appraisal for the park at Jacquard and 208th Street. Mr. Farrell said he had not received authorization for an appraisal. The City Council directed to talk with the Waxlebaums to discuss purchase, but no mention of a formal appraisal . ~ r Mr. Johnson stated the City Council gave away park land in Meadow 2nd Addition and promised the residents a park by June of 1981, but there is no park . 9 r City of Lakeville Planning Commission Meeting April 16, 1981 i Mr. Antolik brought up the proposed change in housing size, stating that he realized that the economy makes it tough to buy a house, however, the impact that small housing would have on the City must be considered. The developers are in it for the money. They are not concerned for the City, they don°t live here. 81 .78 Motion was made by Johnson, seconded by Harvey to extend the meeting past 10:30 p.m. Roll call was taken on the motion: Ayes: Harvey, Johnson, Enright, Miller, Antolik Nay: Rice Mr. Farrell stated that he recalled when the reduction to the present 960 square foot requirement occurred, everyone thought it would result in instance slums, but it hasn't. Future Agenda Items: Housing size amendment April 23, 1981 Kremer conditional use request Mr . Harvey asked if Kremer was a (ready operating, parking i n the street . Sid Miller stated Kremer was eratin a dis atch service and he counted three trucks in • oP g P a ha I f hour . Mr. Antolik stated that he was operating at County Road 46 and 161st Street out of a double bungalow and as many as three trucks at once have been parked there. Sid Miller stated another request for special home occupation may be on the next agenda. 81 .79 Motion was made by Rice, seconded by Antolik to adjourn the meeting. Voice vote was taken on the motion: Ayes: Unanimous. Chairman Harvey adjourned the meeting at 10:43 p.m. Respectfully submitted, Charles Johnson, Vice airman Acting Secretary AT T f,, attic Harvey, Chairman 1