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HomeMy WebLinkAbout1969-06-09 CPC MIN PLANNING AND ZONING COMMISSION CITY OF STILLWATER June 9, 1969, 7: 30 P. M. REGULAR MEETING The meeting was called to order by Chairman John Condon. Present: (members) John Condon (Chairman) , Fred Kalinoff, I. A. Bergen, Sidney Wihren, Eugene Bremer, and John Lawson (Building Inspector. ) Absent: Myron Melstrom, Harold Hohlt, Edward W. Simonet, Donald G. Carlson. Also Present: Robert Vacanti, 622 South Third Street, and John E. Heinlein of Heinlein Inc. , 207 West Myrtle, Albert E. Ranum, Attorney at Law. CASE # 51 Mr. Condon (Chairman) : Case Number 51. The fee has been paid. It ' s from Mr. Robert Vacanti at 622 South Third Street, a request for a variance to build a new two car garage, twenty-two feet by twenty- four feet and located as shown on attached sketch, two feet from sidewalk and two feet from West' lot line. Are you going to take down the old garage? Mr. Vacanti: Yes. Mr. Kalinoff: Your garage is going to be twenty-two feet deep? Mr. Vacanti: I was going to ask about that. I 'm going to change this. I talked to some people and I 'm going to bui]d it twenty-four by twenty-four feet. (At this time -extensive discussion was had concerning the above matter. ) Mr . Kalinoff: Well I will make a motion, if we are ready. Mr . Condon (Chairman) : All right. Mr. Kalinoff: That we recommend that he be able to build his garage he has asked for. Mr. Wihren: I will second it. - 2 - Mr. Condon (Chairman) : Motion made and seconded that the permit be granted as requested. All those in favor say aye. • (All in favor except Mr. Bergen. ) Mr. Condon (Chairman) : Opposed? Mr. Bergen: I don 't want to oppose it, but I just thought that if I talked to him for in the future that maybe he would see that that would be bad. (At this time further discussion was had. ) Mr. Condon (Chairman) : The motion has been passed. Mr. Wihren: Well you could also say recommend that the - if it' s feasible, set her back another two feet, four feet from the sidewalk. Mr. Vacanti: That would be a small additional cost of con- crete, it wouldn't amount to anything, just two feet more of concrete. Mr. Condon (Chairman) : I changed this so it says that it' s approved by the Planning Commission subject to the following conditions, and then I put, "Set back four feet instead of two feet. " Is that right? Mr. Vacanti: That ' s fine. Mr. Condon (Chairman) : I have been in contact with the City Attorney because we have talked about chang- ing our Planning and Zoning and I asked him to get me some alternatives as to what the Planning and Zoning Commission could do. For instance; right now we are mostly an investigative body, T iiioan we go ou L and look at the 1)r.opor Ly an(1w) make some recomendations, but we don 't have any authority. There are set out in Minnesota Statutes things that a Planning and Zoning Commission can have authority over, we could be the board of appeals for instance. We could, I think, hold the public hearings so that the Council wouldn 't have to do this. He was trying to get this for me, but he will not have it before the next meeting. 3 - Mr. Kalinoff: I was positive that some place there should be spelled out what we can and cannot do. I thoulit it was in the City Charter. There is nothing in there. Mr. Condon (Chairman) : There is something in the Minnesota Statutes, how you can set it up. You can do one, or three, or four things. Mr. Bergen: I don ' t think you can have any more authority. Final authority rests with the City Council. Look at the Metropolitan Plarring and Zoning Commission, all they have is recommendations. Mr. Condon (Chairman) : Well we can be in any case. Let' s get the recommendation from the City Council, but I am anxious to get this going so that we can then make some changes in the Planning and Zoning Act that we think are necessary. Mr. Condon (Chairman) : Do we have another matter here? Mr. Heinlein: Sometime ago you gentlemen approved a plot for me and I found out that we run into a litth trouble and we had to do a little job of replotting. Mr. Condon (Chairman) : Sir, could you give us your name for the Court Reporter? Mr. Heinlein: John E. Heinlein. And this is the way that the original - this is the way that we changed the lots and plotted it originally and this must have been a year ago. Mr. Lawson: I checked upstairs and this proposal that you had back in '67 was approved, but it was never recorded so evidently when it wasn't recorded it never became final. The way it is now it ' s still - this is the original. Mr. Bergen: _ Is this registered property? Mr. Heinlein: No. This is abstract property. Mr. Ranum: My name is Albert Ranum, I am an attorney with the Thoreen & Lawson Law Firm and I have been representing the people that occupy the property on the North side of the plot that you are looking at, 1, 2, 3, 4, 5, 6 lots. (At this time extensive discussion was had concerning the above matter. ) - 4 - Mr. Bergen: I would make a motion that we recommend that they approve it subject to the conditions that you mentioned and I would write them down. Mr. Condon (Chairman) : Those conditions - we went to get this Mr. Court Reporter. The conditions are that the North stake on the Northeast corner be located by the City Engineer relative to Olive Street. (At this time further discussion was had. ) Mr. Condon (Chairman) : Okay. We have a motion that we accept this plan subject to the location of the stake in the Northeast corner being cooberated by another survey, or - and what was the other? Mr. Bergen: And the easement. Mr. Condon (Chairman) : And the easement for ingress and egress all the way along the North-boundry ten (10) feet along the North boundry as shown in this platt plan. Mr. Bergen: And there was one other thing you mentioned. Mr. Heinlein: And we are going to deed the property between this and the property that they own now as such so this would have access to the culdesac, or to the other road. That' s the way I would make the motion then. Mr. Condon (Chairman) : We have a motion then. I hop you got that. Do we have a second to that motion? Mr. Kalinoff: I will second that. Mr. Condon (Chairman) : Okay. We have a motion and a second to accept the recommondation to the Council that they accept this plot plan subject to those two stipulations - three. Well the third one being - Mr. Heinlein: Did you want the stipulation of the deed in there too, Al? If you did that I wouldn 't have to get the decds out tomorrow. Mr. Ranum: Just so they get them. We can do it tomorrow. Mr. Condon (Chairman) : All right. We have discussed it a long time. Is there any more discussion? All those in favor say aye. (All members in favor) - 5 - Mr. Condon (Chairman) : Opposed? (No members were opposed.) At this time Mr. Lawson brought up a proposed addition to the VFW Hall and the matter was referred to Mr. Donald G. Carlson and the Architectural Control Committee for study and advisement by the following meeting. Mr. Condon (Chairman); : Can we get a motion to adjourn? Mr. Kalinoff: I will move that we adjourn. Mr. Bergen: Second. Mr. Condon (Chairman);: All those in favor say aye. (All members in favor. ) (At this time the meeting came to a close. )