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07-27-2010 PC MINSPECIAL MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, JULY 27, 2010 Members Present: Chair ~X'estberg, Commissioners Anderson, Bell and Lemke Commissioner Scott arrived at 6:33 p.m. Members Absent: Commissioner Ives Staff Present: Jeremy Barnhart, Planning Manger; Debbie Huebner, Recording Secretary Also Present: Peter Beck, City Attorney Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planrvng Commission was called to order at 6:30 p.m. by Chair Westberg. 2. Consider 7/27/10 Special Planning Commission Agenda MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE JULY 27, 2010 SPECIAL PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. • Commissioner Scott arrived at this time. 5.1. Reduest by Wapiti Park (Lorraine White for Interim Use Permit- Case No. CU 10-16 The staff report was presented by Jeremy Barnhart. He reviewed each of the eight conditions recommended by staff. He stated that six of the issues are being worked out with the applicant, but that staff and the applicant are in disagreement with Condition #5 and #7. Mr. Barnhart explained that Condition #5 is partly to address the year-rounding living in the campground. He stated that several of residents use Wapiti Park as the address for their vehicles and/or driver's licenses. Staff has concerns that a number of the structures are not made protect campers from the severity of the winters here. Condition #8 is a result of an inspection of the campground in which staff and the building official found a number of changes and improvements that do not seem to meet the definition of a recreational vehicle as identified by the state. Staff recommends approval subject to the eight conditions. Commissioner Lemke asked if a truck would be allowed to remain if the recreational camper was removed. Mr. Beck stated that yes, a car or truck could remain. Chair Westberg opened the discussion for public comment. Adam Kaatz, 1907 East Wayazta Blvd, Wayzata, MN 55391- stated that he was in agreement with staff on six of the conditions, but that was before he had a chance to look at • the 2000 file. Mr. Kaatz addressed the conditions as follows: Planning Commission Minutes August 27, 2010 Page 2 Condition #1 -limits Wapiti Park to 10 years. He stated that that in 1984, Wapiti Park was • issued a Conditional Use Permit for a building, but he u~as not sure why they needed one, since they were grandfathered in. In 1999, when their bar burned down, they were asked to apply for another Conditional Use Permit, but the Council instead issued Interim Use Permit. He stated that wapiti did not apply fox an Interim Use, and the hearing notice stated they were requesting a Conditional U se Permit. It was his understanding that there is no time limit on a Conditional Use Permit. He felt an argument could be made that the original 1984 CLTI' should still be valid. He questioned why Wapiti Park needs to apply for permit now, and why the 10-year limit. Condition #2 - Mr. Kaatz re~~iewed a letter from Mr. Schuelender regarding the septic svstem. Condition #3 and #4 - He and the applicant are working with staff and he is confident they will be able to come up with both a debris and manure management plan. Condition #5 - Mr. I~aatz stated this is a big problem, because not only would the owner lose income for those months, but also would take away the campers right to chose to stay there. Mr. Kaatz stated he did not see anyd~ing in the ordinance prohibiting year-round camping. Condition #6 - Mr. Kaatz stated that the only real outstanding issue regarding the Health Department is some file in the bathroom. Condition #7 =Wapiti has current license. Condition #8 -The home on the property is for personal use and was left there by a • previous tenant as pa~-ment for rent owed. Mr. Kaatz questioned who is objecting to Wapiti Park being there and why. There being no further public comment, Chair Westberg closed the public comment portion of the discussion. Mr. Beck stated that a CUP was issued in 1984 and the zoning ordinance was subsequently amended to remove campgrounds as a conditional use. Therefore, when the building was completely destroyed by fire in 1999, Wapiti was not eligible for a CUP. He noted that there were some changes made in state law in 2006 regarding non-conforming uses. Mr. Beck explained that the Cits~ granted an Interim Use Permit in order to allow the building to be constructed. He stated that the campground use is still a nonconforming use, and Wapiti would need an Interim Use Permit to continue operation of the building. Mr. Beck stated that permanent residency at Wapiti violates city code and state law. He stated that manufactured home parks are different than recreational camping areas. He discussed the definition of a campground and that it does not include permanent camping. Mr. Beck stated the staff is attempting to address the concern of wintering, and closing the park for the two coldest months would address that issue. He stated that weather- appropriate vehicles could be considered separately, but permanent residency would only be allowed in a mobile home park and would be subject to different laws. Mr. Beck stated that the city's building official could inspect the site to determine what is • and is not a recreational camping vehicle by state law. Planning Commission Minutes August 27, 2010 Page 3 • Commissioner Bell read a portion of state law regarding recreational camping vehicles, which referenced separation between carports, awnings, etc. He stated that by mentioning this items, it implies that they are allowed. He stated that air conditioning can be very important when camping and having an air conditioner does not necessary mean the camping vehicle is permanent He also stated that he felt having a vehicle registered to the campground address does not mean someone lives there year round. He stated he was opposed to closing the park down to eliminate people living there year round, if there is no proof. He stated the property owner has a responsibility- to comply with cite ordinance, and felt there was some merit in differentiating manufactured homes and recreational vehicle campgrounds. He was not sure if permanent decking improvements should determine year round living. Chair ~v'estberg stated that relatives checked out ~X~apiti Park as a possible camping site and conveyed to him that it seemed more like a permanent living facility, rather than a campground. He felt that Condition #8 would ensure enforcement of the issue. Commissioner Scott asked if Wapiti was currently licensed by the state. Mr. Beck stated yes. Commissioner Scott stated that he did not wish to interfere with people's lives, but if it is becoming a manufactured home park, rather than a campground, the owner needs to proceed that way. Commissioner Johnson asked if staff surveyed any oilier cities regarding manage recreational campgrounds. NIr. Barnhart stated that he has not researched the issue. • Commissioner Anderson stated that if Condition #8 could be worked out, Condition #5 could possibly go away. He stated that he understood why the city issued an interim use permit He felt enforcement of Condition #8 would clearly define what is and is not a recreational camping vehicle. Commissioner Anderson stated that this is not an issue of affordable housing, since it is a campground. He felt the issue should be moved on to the city council with the conditions recommended by staff. Commissioner Lemke expressed concern that on every case the Commission has heard in the past, a condition is included that all building, safety and fire codes must be met. He stated that it seems every one is ok with dismissing or disregarding this condition for this case. He stated that he is concerned about the misaligning of temporary and permanent uses. Commissioner Lemke stated that there is a level of public safety that needs to be met. He stated he was concerned that eleven people are using Wapiti Park as their address on their licenses, noting that Mr. Keillor stated he has lived there a year and a half. Commissioner Bell stated that Condition #8 needs a clearer definition of what is a recreational camping vehicle. He stated that having an air conditioner or an address on a driver's license does not mean permanent. Chair Westberg stated that Condition #8 references state statute. Commissioner Bell stated that he feels there still is some gray area. Mr. Beck stated that storage sheds, air conditioning, decks and expansions could help identify which vehicles are in violation. He stated that using the campground's address on a driver's license seems to imply some permanency. He stated that recreational camping vehicles are not designed for year-round use. He stated there are pages of regulations for manufactured homes to address year-round living. Mr. Beck stated that it may be possible to • address these concerns other than by Condition #5, such as Wapiti having its own covenants. Planning Commission ivlinutes August 2?, ?010 Page 4 MOTION BY COMMISSIONER BELL TO RECOMMEND APPROVAL OF . THE REQUEST BY WAPITI PARK FOR AN INTERIM USE PERMIT WITH THE FOLLOWING CONDITIONS: 1. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 2. INSPECT AND VERIFY THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. 3. STAFF APPROVAL OF A MANURE MANAGEMENT PLAN, IN COMPLIANCE WITH SECTION 10-9 OF CITY CODE. 4. APPROVAL OF A DEBRIS MANAGEMENT PLAN BY ELK RIVER ENVIRONMENTAL DIVISION. 5. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR. 6. MAINTAIN APPROPRIATE STATE LICENSES. 7. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14, SUBDIVISION 7 SHALL BE REMOVED AND ARE • NOT PERMITTED. The motion died for lack of a second. Commissioner Anderson suggesting having staff, the applicant, and attorneys address the year-round issue. Commissioner Bell stated that the applicant pays ayear-round license fee and would not be able to have year-round camping. Commissioner Anderson stated that it would be up to the applicant how to attract winter users. Commissioner Scott asked if the applicant could request to have a mobile home park. Mr. Beck stated that a number of approvals would be needed for a mobile home park, first of which would be a zone change. MOTION BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER ANDERSON TO RECOMMEND APPROVAL OF THE REQUEST BY WAPITI PARK FOR AN INTERIM USE PERMIT, WITH THE FOLLOWING CONDITIONS: 8. THE APPROVAL IS VALID FOR TEN YEARS OR UNTIL OWNERSHIP OF THE PROPERTY IS TRANSFERRED, WHICHEVER COMES FIRST. 9. INSPECT AND VERIFY THAT THE ONSITE SEPTIC SYSTEM IS DESIGNED TO BE FUNCTIONAL YEAR ROUND AND REMAINS FULLY FUNCTIONAL. 10. STAFF APPROVAL OF A MANURE MANAGEMENT PLAN, IN • COMPLIANCE WITH SECTION 10-9 OF CITY CODE. Planning Commission Minutes August 27, 2010 Page 5 • 11. APPROVAL OF A DEBRIS MANAGEMENT PLAN BY ELK RIVER ENVIRONMENTAL DIVISION. 12. DUE TO THE CONCERN FOR RESIDENTS LIVING IN CAMPERS DURING THE WINTER MONTHS, CAMPGROUND MUST BE CLOSED JANUARY 1 THROUGH MARCH 1. 13. INTERIM USE PERMIT SHALL NOT BE ISSUED PRIOR TO COMPLIANCE WITH ALL OUTSTANDING VIOLATIONS AS IDENTIFIED BY THE DEPARTMENT OF HEALTH INSPECTOR. 14. MAINTAIN APPROPRIATE STATE LICENSES. L5. ALL STRUCTURES AND VEHICLES OTHER THAN RECREATIONAL CAMPING VEHICLES AS DEFINED BY MINNESOTA STATUTES SECTION 327.14, SUBDIVISION 7 SHALL BE REMOVED AND ARE NOT PERMITTED. MOTION CARRIED 4-2. Chair Westberg and Commissioner Bell opposed. 6. Other Business -None Adjournment There being no further business, MOVED BY COMMISSIONER ANDERSON TO ADJOURN THE MEETING. • The meeting of the Elk River Planning Commission adjourned at 7:28 p.m. Minutes prepared by Debbie Huebner. .~; (~./ Tina Allard City Clerk ~`` Chad Westberg Chair r~ U