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HomeMy WebLinkAbout1998-12-03 OPH Memo to Planning Commission Re Public Hearing Comments • Memo yy To: oak Park Heights Planning Commission CC: Mayor and Council, City Administrator, City Planner From: Lisa Schleusner, Administrative Secretary Date: 12/03/98 Re: Comment on December 3, 1998 Planning Commission I received a call today, December 3, 1998, from Esther Langer, 5680 Penfield Avenue North, regarding the Public Hearing on a conditional use permit for a student transportation facility and bus garage on Stagecoach Trail. Ms. Langer stated her opposition to the CUP being granted in that there are too many trucks on that road now and she doesn't want to see even more traffic with the buses. • Page 1 Memo To: Oak Park Heights Planning Commission Cc: Mayor and Council, City Administrator, City Planner From: Melanie Mesko, Administrative Assistant Date: 12/02/98 Re: Comment on December 3, 1998 Planning Commission I received a call on December 2, 1998 from Carol Luczak, 5835 Peller Avenue North, regarding the Public Hearing on a conditional use permit for a student transportation facility and bus garage at 5302 Stagecoach 'frail North. Ms. Luczak is unable to attend the meeting and wanted to register her opposition to the CUP being granted. She said that she felt that there is already too much traffic on Stagecoach and this is not a good use for the area. Ms. Luczak also said that once a use like this is allowed, it will always be there. Overall, she opposed the noise and traffic that would be generated from this use. • Page 1 SPOT ZONING: THE SINGLING OUT OF A SMALL PARCEL OF LAND FOR A USE CLASSIFICATION DIFFERENT AND INCONSISTENT WITH THE SURROUNDING AREA. FOR THE BENEFIT OF THE OWNER AND TO THE DETRIMENT OF THE OTHER PROPERTY OWNERS. NUISANCE: AS A GENERAL RULE, AN OWNER IS AT LIBERTY TO USE HIS PROPERTY AS HE SEES FIT, HOWEVER THERE IS A LIMITATION TO THIS RULE, WHICH IS DEEPLY IMBEDDED IN OUR LAW; AN OWNER WILL NOT BE PERMITTED TO MAKE AN UNREASONABLE USE OF HIS PREMISES TO THE MATERIAL ANNOYANCE OF HIS NEIGHBOR IF THE LATTER'S ENJOYMENT OF LIFE OR PROPERTY IS MATERIALLY LESSENED. SUCH A RULE IS IMPERATIVE, OR DAY TO DAY LIFE IN OUR CONGESTED CENTERS WOULD BE INTOLERABLE AND UNBEARABLE. IF A CITIZEN WAS GIVEN NO PROTECTION AGAINST UNJUST HARASSMENT ARISING FROM THE USE TO WHICH THE PROPERTY OF HIS NEIGHBOR WAS PUT, THE COMFORT AND VALUE OF HIS HOME COULD BE EASILY DESTROYED BY ANY ONE WHO CHOSE TO ERECT AN ANNOYANCE NEARBY, AND NO ONE WOULD BE SAFE, UNLESS HE WAS RICH ENOUGH TO BUY SUFFICIENT LAND ABOUT HIS HOME TO RENDER SUCH DISTURBANCE IMPOSSIBLE. THE LAW WILL NOT PERMIT A PERSON TO BE DRIVEN FROM HIS HOME, OR TO BE COMPELLED TO LIVE IN POSITIVE DISTRESS OR DISCOMFORT BECAUSE OF THE USE TO WHICH OTHER PROPERTY NEARBY WAS PUT. CONDITIONAL USE PERMIT: SHOULD ENSURE THAT NO NUISANCE WILL BE CREATED AND THE USE WON'T AFFECT THE INVESTMENT BACKED EXPIATIONS OF THE SURROUNDING PROPERTY OWNERS IT MUST FIT IN WITH THE NEIGHBORHOOD c/o Chris Danielson PN � Planning Commission City of Oak Park Heights City Hall • 14168 N. 571h street Oak Park Heights, Mn Dear Members of the Commission and Council Members: I am unable to attend the public hearing to consider a conditional use permit fo Ryder Student transportation, therefore, I am writing this on my behalf. I am adamantly oppos .d to the Ryder company using this facility. There are a significant number of reasons for oppo king the permit and I will be brief with only a few of the major ones. • The safety and well being of my family, especially my two children, ages 8 an 11, is the greatest of my concerns. The traffic at the current time is so heavy on stagecoach trail tr at my wife and I refuse to let our children play anywhere in the front or side of our house. I hav recently taken down a basketball basket and stored the chiidrens bicycles for fear of them leading to n accident. It was not like this when we purchased our property in 1994. To add 100 or more bu s to the existing problem is not only hazardous, but unfair to us as residents in this once quiet a. • The noise problem at this time surely is in violation with the MPCA standards et forth in chapter 7030 of the Minnesota statute 116.07. Traffic noise exceeds daytime standard f both L50 and L10 and the decibel guidelines found in subpart 2, of chapter 7030.0040. Add an ditional 100 diesel engine buses not only in daytime hours, but now in nighttime hours from 10pm lam, and again I think an unfair situation is worsened. The buses will be started at approximate 5 am on good weather mornings and as early as 3:30 am in cold weather. They begin their r from 5:30 until . 6am and return and depart continuously through the afternoon and into late ev ing. This information came from Ryder and the Minnesota Pollution Control Agency. WI' Dn Junker sanitation used the property, they did not begin working until after 7 am. • I have been told on several occasions by members of the council and city sta' that the purchase of the Bell property and development in this area will not affect the value of my pr erty. This is not true. With a bus facility this close and the traffic, noise and exhaust smell, they is not a reasonable opportunity to find a buyer for my property. These houses in this area are som what of a island in the middle of industrial and institutional zoning. The only real market for this a d my neighbors property is to commercial or industrial development. The industrial will not ha en due to the grade and location of the property and commercial is not likely to spend the money o, houses when they can get the property without the house somewhere else. The city has said to e and my neighbors, they are interested in our situation.... just not at this time. My question is how :)ng do we have to r , wait, and what is fair for all of us as homeowners in the city of Oak Park Height • I maintain the belief that this is already a done deal. This hearing is really a f rmality to show an attempt by the city to be fair and do the right thing. If this is not the case, I don' hink Ryder would have a mobile home trailer already on the Junker site. I am discouraged to thi k that the four homeowners in close proximity to the site were the only people contacted whe this move will affect so many others in our community. Thank you for listening and I hope the deci on is made to do what is in the best interest for those involved. Sincerely • Andrew Olson 5464 Stageco ch Trail Z'd WOb� NVSS'V 5661 -60 -9