08 - Approval of 07-21-2005 Minutes

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MINUTES PEQUOT LAKES PLANNING & ZONING COMMISSION REGULAR MEETING JULY 21, 2005 i I PRESENT: Bill Habein, Dean Williams, Tom Adams, Tom Woog, Roger Varilek, Scott Pederson and John Derksen. ABSENT: Mark Hallan. CITY PLANNER: Charles Marohn, PE. ZONING ADMINISTRATOR: Dawn Bittner. The meeting was called to order by Chairperson Woog at 6:37 p.m. APPLICANT: Allen Berens. Applicant requests Preliminary Plat of Keen Addition. Mr. Marobn passed out an updated Staff Report and explained it to the Planning Commission. He stated that he would like to remove Conditions 1 &2 of the Staff Report and add as Condition 1: 1. There be a deed restriction on Lots 3 &4,Block 1, restricting their access to CSAH 17. There was discussion of the Shoreland Overlay District. Kevin McCormack, Landecker and Assoc.,was in attendance representing the applicant. Staff had received a letter from Charles and Helen Aling. Mr. Woog read the letter and asked that it be made a part of the record. There was no public comment. Staff failed to notify the Department of Natural Resources. Part of this plat is within 1,000 feet of Sibley Lake. It was suggested that this matter be tabled until the DNR is notified. Mr. McCormack did not agree. He stated there had been due process and would rather proceed with an appeal. The 1,000 feet from the lake and the Shoreland Overlay District were brought up at the last meeting. Staff did not receive the revised Certificate of Survey in a timely manner. The letter from Tim Brastrup, DNR, Area Fisheries Supervisor, for the Hemmerick Preliminary Plat Application, was discussed. Arbitrarily applying the shoreland rules was a discussed. A motion was made by Dean Williams, seconded by John Derksen,to table this matter. Staff was directed to contact the DNR for their interpretation of the Shoreland Act in non-riparian lots in this zoning class. Mr. McCormack was reminded that he had been Planning Commission 1 July 21, 2005