Minutes - Planning Commission - 07/05/1995

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Commissioner Deemer inquired whether it was considered to rotate the position of the building in order to move the building closer to the highway. Mr. Toilette stated that he has come to a verbal agreement with Mr. Schmidt to position the building closer to the highway and as far from the south property line as possible. He explained that he is limited by the 110 foot setback from the centerline of the highway, so the building is now proposed to be approximately 110 from the centerline of the highway and 75 feet from the south property line. Commissioner Deemer suggested it may be possible to get closer than 110 feet with the thoroughfare setback discussions currently in process. Commissioner Deemer went on to inquire about the proposed gas storage, stating that he was very leery of above ground storage. Mr. Tollette explained that it will all be on the north side of the building and that he has checked with both the State of Minnesota and OSHA and will do whatever needs to be done. Commissioner Deemer declared that no one has above ground storage in the city, and the last time he checked, it was not allowed adjacent to residential property. Mr. Tollette replied that storage of gas on the north side of the building is in compliance with all the agencies he has contacted. Commissioner Hendriksen stated that of the three sites considered on the golf course, the southwest site is the only site; however he felt the best site would be the commercial parcel just northwest of the clubhouse and adjacent to Highway #47. Commissioner Hendriksen also submitted for the Commission's review a copy of a letter, dated November 12, 1984, from Wilbur F. Dorn, Jr. regarding the Rum River Hills PUD (attached to these minutes as Exhibit A). His interpretation of the letter was that there was a trade for the commercial use in the southwest comer of the PUD for three residential lots (total value of approximately $150,000 to $185,000), and that southwest parcel would be unbuildable in the future. Now, he feels they are coming back to use that land for something they said they weren't going to use it for. He stated that if they were to put this building adjacent to one of those residential lots, the property owners would be upset. Preferential treatment is being given to residential owners within the plat as opposed to residential owners outside the plat. Commissioner Hendriksen summarized that the commercial use in the southwest portion of the plat was bargained away for good and fair value, and the City should not then grant the use again; the problem, in essence, is of their own creation. Tom Anderson, 16831 Helium Street N.W. - stated he could see no interpretation in that letter that anything was traded away. He added that there was no mention about not being able to build on that parcel. Commissioner Hendriksen disagreed, and insisted that the statement that the lot is not buildable is there. He also explained that the letter indicates that the original proposal site for the driving range was not feasible, and Mr. Dom was asking to go from 20 to 23 lots with the justification that the land in the southwest corner of the PUD is not being used. Commissioner Deemer recalled stating that the original proposal was a rotten site for the driving range, public safety being the issue. He also recalled that the driving range wasn't in the southwest corner, it was in the southwest portion of the golf course. Commissioner Hendriksen explained again that his interpretation of the letter was that the range was being moved and creating additional open space which would not be buildable. Mr. Anderson disagreed with Commissioner Hendriksen's interpretation, and discussion ensued. Planning Commission/July 5, 1995 Page 3 of 13