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September 1, 2009 Plan Commission Mtg - Rezoning: D. Krahn and W. Berger
PLAN COMMISSION MEETING
September 1, 2009 @ 7:00 P.M.
David Krahn (ND-650)
Members Present: Chairman William Krueger, Kathy Janssen, Paul Huguet, Keith Brunner, Francis Rabas, Norbert Hansen, Steve Olsen, Michelle Wallerius, Clerk and Attorney James Sickel.
REZONING REQUEST OF David Krahn:
A meeting of the Plan Commission was called to order at 7:00 p.m. by Chairman Bill Krueger to hearing a rezoning request of David Krahn to parcel off approximately 2 acres from ND-650, which present contains 38.063 acres for the construction of a single family home for his youngest son, whose secondary employment is the main employee of the family farm located at 4597 Church Road in the Town of Glenmore. Son wants to be closer to the farm, but does not live right on the farm because it is likely the farm will be sold at some point to his oldest son when he retires.
P. 34 of the Town Comprehensive Plan read by Attorney Sickel. 1.5 acres minimum with 200 feet of road frontage. Plan also for an exemption when associated with farm operation. Which is relevant in this instance. Zoning standards addressed and reviewed by Board as outlined on p. 83 of the Zoning Code.
Francis Rabas questions property lines.
Keith Brunner raises concern about the 300 ft of buffer required in the conservatory plan. P. 134 of Town’s Comprehensive Plan sets minimum and maximum set backs. Questions what is the slope on this property and how far is the proposed parcel from these drainage ditches? Figure 7-10 shows that they do fall under a navigable stream and the 300 feet setback must be complied with.
Mr. Krahn states this particular location was selected because they are farmers, and want to preserve as much farmable land as possible.
Attorney Sickel states that a CSM would assist in determining the slope, appropriate setback from the navigable stream and would answer many of these concerns. The actual distance the home then be appropriate determined and property lines adjusted accordingly. Percentage of slope could then be accounted for and no further areas of concern. A CSM would also be required when the property is transferred. Mr. Krahn would prefer to not proceed with a CSM at this time, unless of course the re-zoning request is approved. Concerned he would spend a good amount of money for a CSM and then have the zoning denied.
Steve Olsen makes a motion to table request until the slope percentage is determined; it appears to be minimal but needs to be addressed before voting on this rezoning request so parcel can be appropriately established. Seconded by Paul Huguet. All in favor: 7 ayes, none opposed. MC
Plan Commission to reconvene at a date and time to be determined to vote on this rezoning request when Mr. Krahn can provide requested information on the slope.
Mike Deprey of 4871 Kane Lane raises concern over R. Kane Lane that it is a single lane road with a half of cul-du-sac. He is not opposed to the construction of a new home, but raises concern about improvements to R. Kane Lane.
SECOND MEETING OF THE
PLAN COMMISSION
September 1, 2009 @ 7:00 P.M.
Members Present: Chairman William Krueger, Kathy Janssen, Paul Huguet, Keith Brunner, Francis Rabas, Norbert Hansen, Steve Olsen, Michelle Wallerius, Clerk and Attorney James Sickel.
CONTINUATION OF REZONING REQUEST OF WADE BERGER on remand from the Court: A meeting of the Plan Commission was called to order at 7:40 p.m. by Chairman Bill Krueger as a continuation of the August 11, 2009 meeting.
Attorney Olejniczak raises concern about the historical misconceptions of this rezoning request and has provided an August 25, 2009 letter and attachments for the Plan Commission’s review and consideration: Page 10 - Mr. Berger highlights 9 points that support and are in favor of rezoning pursuant to the Town’s Zoning Code.
Attorney Sickel advises the Plan Commission that this rezoning request is from June 21, 2004 and would refer them to the followings factors when considering this request. P. 83 of the Town Zoning Code and the Town’s Comprehensive Plan, which did not exist 5 years ago, but should be taken into consideration when making their decision. Attorney Sickel believes the Plan Commission should review this request at the present using both the Zoning Ordinance guidelines and Comprehensive Plan.
Wade Berger addresses the Plan Commission. He is requesting two buildable lots from this parcel for a retirement home which would include a hobby far and/or organic garden and a second parcel for a future home for his son when he returns from service in the Army. He would also be fine with the rezoning of one lot at this time and could request the rezoning of the second parcel at a later date when he son is finished with this service. Mr. Berger discusses the nine points as to why the parcel should be rezoned. This parcel is similar to other properties in the area that have multiple dwellings on 40 acres (three homes on Langes Corner/ 3 homes on Park Road). He intends to create a hobby farm which preserves the “farm” atmosphere in the community and has planted 9,000 plus trees on the both parcels.
Norb Hansen inquires as to why it took him so long to come back to the Board to rezone this parcel? He states he was asked by the prior Town Chairman and attorney to wait a period of time. Due to family obligations (work, restoration of his cabin, etc.) he has not had the opportunity until now to devote time to his rezoning request. Mr. Berger anticipates building a retirement home in 3 years and a second home maybe in 14 years when his son returns from service.
#1 Issue: Cluster of homes in surrounding areas. Question as to how many homes were constructed prior to the ordinance being in place/how many were built prior to 1974. Mr. Berger believes many homes were constructed during that timeframe that fell outside those parameters and the minimum 35 acres.
Fay Lau (member of the public) questions size of land. Commission states the parcel is 31.9 acres with two homes presently located on this 40 acre parcel.
Norb Hansen questions the street address. The April 2003 request has County Hwy T and the second request has Eastwind Drive. The second rezoning request referenced Eastwind Drive and when the CSM was created for the second home it included Eastwind Drive. Clerk clarifies she utilized that CSM when putting this rezoning request together and may have misstated the property address incorrectly. Plan Commission referred to Attorney Olejniczak’s letter of August 11, 2009 as to what Mr. Berger is currently requesting.
Francis Rabas questions how he intends to “hobby farm” when he has planted 9,000 trees. Mr. Berger states only the south side of ND-176-2 has trees. The balance of the property is HEL which is not suitable for farming. Steve Olsen states this is not the County’s interpretation of HEL land. Francis inquires if the land was previously farmed? Mr. Berger states it may have been prior to him purchasing it, but it is HEL. Steve Olsen questions if he signed up for any conservation type programs. Mr. Berger states no and does not believe the land is in CRP.
Question about whether Eastwind Drive has been improved or maintained by the Town. Mr. Berger states he believes the Town did plow it up until 2003. Mike Calewarts (member of the public) state the Town previously plowed all private driveways, but the Town ceased doing so a number of years ago. In the past, it was common practice to plow resident driveways. State statute 82.31 states the Town has to accept the road. Original CSM dated June 8, 1993. No Resolution on record by the Town. Attorney Olejniczak does not believe it is relevant whether the Town accepted the road or not. Mr. Berger is not asking that the Town do anything with Eastwind Drive and is not relevant. Plan Commission states it needs to determine whether the parcels have 200 feet of road frontage and that is based off of Hwy T or Eastwind Drive. Norb Hansen raises concern about existing homes and what street address they have and what street address the two new homes would have. Hwy T would be appropriate for all four. The two existing homes have already taken 400 feet of frontage on Hwy T. No frontage to the back.
Kathy Janssen still is considering the Smart Growth Plan. As a resident of this Town and not as a committee member of the Smart Growth Committee, she attended every meeting for 18 months and listened to the committee and residents. She cares what the people of this Town want and the Smart Growth Plan reflects those wants.
Clerk states that on p. 167 of the Town Minutes, June 6, 1993 – Approval of the CSM recorded. Clerk unaware of the 1993 CSM and only reviewed the Minutes for the more recent CSM that was created after construction of the second home.
Being no further questions, comments or concerns, Steve Olsen recommends the Commission cast their vote and turn sheets into the Chairman.
Chairman Krueger reads the following votes:
Paul Huguet – opposed Norbert Hansen – opposed
Keith Brunner - opposed
Kathy Janssen – opposed Steve Olsen – opposed
Francis Rabas - opposed
William Krueger – opposed
Plan Commission opposes rezoning request 7-0, no votes in favor.
Motion by Steven Olsen and seconded by Keith Brunner to adjourn the Plan Commission meeting at 8:35 p.m. MC
Archive:
August 31, 2010 Special Town Board Meeting Minutes
August 17, 2010 Plan Commission Meeting Minutes
July 20, 2010 Plan Commission Meeting Minutes
July 12, 2010 Regular Monthly Meeting for July
June 15, 2010 Plan Commission Meeting Minutes
June 14, 2010 Regular Monthly Meeting for June
May 18, 2010 Special Town Bd Meeting - Garbage/Recycling contract
May 4, 2010 Regular Monthly Meeting
April 20, 2010 Plan Commission - Zoning Code Updates
April 13, 2010 Draft - 2010 Annual Meeting Minutes