FEBRUARY PLANNING & ZONING COMMISSION

MEETING MINUTES

FEBRUARY 16, 2010

The meeting was called to order at 6:00 p.m. by Chairman of the Planning & Zoning Commission Larry Birnbaum. Present for the meeting were Chairman Birnbaum, commission members Kathy Meyer, Biron Wipson and Herb Dallum; supervisors John Goman and Jeff Bachke; clerk Cammy Hansen, Tony Vatalaro of Evergreen Real Estate and fire department member Zak McClelland. Absent were commission member Steve Kossett and supervisor Greg Andrews.

A motion to approve the January 19, 2010 meeting minutes was made by Biron and seconded by Kathy. All vote in favor. Motion carried with minutes to be placed in file.

Cammy informed the committee of our receipt of the judge’s order on the Walters case, 4193 W. Calvary Road: The judge found her guilty and gave her until April 29, 2010 to clean up the property and issued a $1,000.00 fine, $750.00 of which is stayed and will be forgiven if the property is cleaned up within the 90 day period. Larry wonders why the judge in this case would give a favorable outcome to the Town and prior cases have only received a “slap on the wrist.” Marty and Cammy will look at the other file Larry is referencing (Patricia Hansen) to see if they can detect any difference in how it was handled.

Marty updated the commission on the Larson case, 5756 Howard Gnesen Road: Marty attended the trial for this case on February 5, 2010. The judge found Mr. Larson guilty and we are now awaiting his order. Marty expects that the judge will give him a specific amount of time to bring the property into compliance or to move off of the property and will also impose a $1,000.00 fine.

Cammy mentioned that she recently had a conversation with the Town’s attorney, David Oberstar. He recommends that the Town Board considers revamping our zoning ordinance. He believes the current ordinance is more complicated than necessary and does not provide the Town with much power to enforce violations. Also, the Town Board should be approving planning and zoning decisions based upon recommendations of the Planning & Zoning Commission. Marty is going to contact David to get further information on his recommendations and will also get the most recent copy of the St. Louis County Zoning Ordinance as it has been amended several times. Herb stated that he is in agreement to updating the ordinance, but does not think we should spend the time and money to completely re-write the ordinance.

Marty updated the commission on a recent fire at the property located at 5573 Arnold Rd. Cammy is in the process of establishing the fire escrow account. Marty expects that the property owner will rebuild.

Marty stated that he has received notice from the MPCA regarding the plans for the closed landfill on the Rice Lake Road. They will be sending their plan to us when it is complete.

Marty mentioned that Al Ballavance spoke with Marty about the possibility of putting up three group homes on 4^th Ave. S. If this progresses it will require a Conditional Use Permit and one or more variances. Marty just wanted the commission to be aware of the possibility.

Marty also made the commission aware of an application for a vehicle storage building on the Riley Road that has been submitted by the City of Duluth.

Jeff updated the commission on the Ursa system; there still is no definite release date.

Business from the Floor: Tony Vatalaro, Evergreen Real Estate: Tony is here on behalf of his client, Bob Billington. Mr. Billington is interested in purchasing the former Letourneu property (now owned by Western Bank) on Rice Lake Road. He would like to put up a shop building for storage of equipment. There is a large amount of debris (concrete) on the land and he would want to bring in a crusher and get rid of that debris. Mr. Vatalaro and Mr. Billington would like to know what the intended use of that property is; residential or commercial. Jeff stated that this location is within the corridor that the Town has designated for commercial development in its Comprehensive Use Plan. Marty states that in his opinion, this would be the ideal opportunity to get this property cleaned up. The CUP that was existing on the property has been revoked. The property is zoned MUNS-5. An interim permit to crush the material on the site would be required. Mr. Vatalaro asked when the next meeting is scheduled for. Cammy answered that it is scheduled for March 16.

Marty stated that he is working with the County regarding the status of borrow pits in the Township. A map has been provided to Marty to update.

Having no further business to discuss, the meeting was adjourned at 6:50 p.m.