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04-09-2013 PC MIN MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 9, 2013 Members Present: Vice Chair Westberg,Commissioners Eric Johnson,Jeremy Johnson,Mike Keefe and Mike Keller Members Absent: Chair Anderson,Commissioner Konietzko Staff Present: Chris Leeseberg,Planner/Park Planner;Debbie Huebner,Recording Secretary 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Vice Chair Westberg. 2. Consider 4/9/13 Planning Commission Agenda MOVED BY COMMISSIONER ERIC JOHNSON AND SECONDED BY COMMISSIONER JEREMY JOHNSON TO APPROVE THE APRIL 9,2013 PLANNING COMMISSION AGENDA. MOTION CARRIED 5-0. 3. Consider Minutes MOVED BY COMMISSIONER ERIC JOHNSON AND SECONDED BY COMMISSIONER JEREMY TO APPROVE THE JANUARY 8,2013 BOARD OF ADJUSTMENTS MINUTES. MOTION CARRIED 5-0. MOVED BY COMMISSIONER ERIC JOHNSON AND SECONDED BY COMMISSIONER MIKE KEEFE TO APPROVE THE MARCH 12,2013 MINUTES. MOTION CARRIED 5-0. 4.1 Request by Nature's Dry Cleaners to Amend Existing Conditional Use Permit for 927 Highway 10 to Allow Coin Laundry.Case No. CU 13-04—Public Hearing The staff report was presented by Chris Leeseberg. Mr.Leeseberg noted that the applicant has two issues;one, the SAC and WAC fees,and the second,a utility access easement issue with Elk River Municipal Utilities. These will be addressed by the City Council at their review on April 15th. Vice Chair Westberg opened the public hearing. There being no public comments,Vice Chair Westberg closed the public hearing. MOTION BY COMMISSIONER ERIC JOHNSON AND SECONDED BY COMMISSIONER MIKE KELLER TO RECOMMEND APPROVAL OF THE REQUEST BY NATURE'S DRY CLEANERS FOR A CONDITIONAL USE PERMIT TO AMEND THEIR EXISTING CONDITIONAL USE PERMIT TO ADD COIN-OPERATED LAUNDRY TO THE SITE,WITH THE FOLLOWING CONDITIONS: Planning Commission Minutes Page 2 April 9,2013 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. ALL EXTERIOR SIGNAGE SHALL REQUIRE A SIGN PERMIT. 3. ALL EXTERIOR CHANGES WILL REQUIRE A PERMIT AND ARCHITECTURAL DRAWINGS. 4. THE BUILDING SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES. 5. THERE SHALL BE NO OUTSIDE STORAGE. MOTION CARRIED 5-0. 4.2 Request by Greg and Tern Phillippi for Conditional Use Permit to Allow Horses at 18776 Cleveland St NW.Case No. CU 13-05—Public Hearing The staff report was presented by Chris Leeseberg. Mr. Leeseberg noted a conditional use permit is required by ordinance due to the zoning of the property,which is Rlc and Rld. He stated that a building permit is already in place for the second shelter. Commissioner Eric Johnson stated that since there is ample space for the four horses,he has no issues recommending approval. Commissioner Jeremy Johnson concurred. Vice Chair Westberg asked what happens if the adjoining property is further developed. Mr. Leeseberg stated that the conditional use permit runs with the property. He noted that if the use ceases for more than six months, the conditional use permit would expire. Vice Chair Westberg opened the public hearing. There being no public comment,Vice Chair Westberg closed the public hearing. MOTION BY COMMISSIONER ERIC JOHNSON AND SECONDED BY COMMISSIONER MIKE KELLER TO RECOMMEND APPROVAL OF THE REQUEST BY GREG AND TERRI PHILLIPPI FOR A CONDITIONAL USE PERMIT TO ALLOW HORSES AT 18776 CLEVELAND STREET NW,WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. 2. ALL ACCESSORY BUILDINGS SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES. 3. ADDITIONAL ANIMALS ABOVE ONE ANIMAL UNIT PER ACRE OF FENCED PASTURE LAND WILL REQUIRE AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 4. A MINIMUM OF FIVE ACRES OF FENCED PASTURE LAND NEEDS TO BE PROVIDED. 5. FENCED PASTURE LAND SHALL BE SETBACK 100 FEET OF ANY PROPERTY LINE. 6. ALL AGRICULTURAL ANIMALS SHALL BE PROVIDED A SHELTER UNDER ROOF APPROPRIATELY SIZED TO ACCOMMODATE THE SPECIFIC ANIMAL IN A HUMANE MANNER. MOTION CARRIED 5-0. • Planning Commission Minutes Page 3 April 9,2013 4.3 Request by Franklin Outdoor Advertising for Conditional Use Permit to Convert Existing Billboard Sign to Electronic Changeable Copy. 18115 Carson St NW.Case No. 13-03— Public Hearing The staff report was presented by Chris Leeseberg. He noted that it was not realized that the entire lot was covered by a drainage and utility easement when the original sign permit was issued in 2005. He stated that the sign is a legal non-conforming structure and replacement of the faces/copy is allowed. Vice Chair Westberg opened the public hearing. Keith Franklin of Franklin Outdoor Advertising, Clearwater, MN stated that they purchased the lot in 2000 for the sign. He explained that they have access to the back of the property from GRE. Mr. Franklin noted that the lot contains a holding pond for run-off of the adjacent buildings. He stated that the purpose of their request is to upgrade the sign. Steve Anderson of Franklin Outdoor Advertising,also of Clearwater, MN stated that they are anxious to use digital technology. He stated that the proposed sign meets the state guidelines. There being no further comment,Vice Chair Westberg closed the public hearing. MOTION BY COMMISSIONER JEREMY JOHNSON AND SECONDED BY COMMISSIONER MIKE KEEFE TO RECOMMEND APPROVAL OF THE REQUEST BY FRANKLIN OUTDOOR ADVERTISING FOR A CONDITIONAL USE PERMIT,WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT,THE APPLICANT SHALL APPLY FOR ALL REQUIRED PERMITS. 2. THE DURATION OF EACH DISPLAY SHALL NOT BE LESS THAN 8 SECONDS. 3. THE TRANSITION TIME BETWEEN MESSAGES SHALL BE AT LEAST 2 SECONDS. 4. THE SIGN SHALL BE EQUIPPED WITH A MECHANISM THAT AUTOMATICALLY ADJUSTS THE BRIGHTNESS IN RESPONSE TO AMBIENT CONDITIONS.THESE SIGNS MUST ALSO BE EQUIPPED WITH A MEANS TO IMMEDIATELY TURN OFF THE DISPLAY OR LIGHTING IF IT MALFUNCTIONS. MOTION CARRIED 5-0. 5. General Business -None 6. Announcements Councilmember Burandt stated that the City Council has been reviewing policies at their recent work sessions. She explained that a policy regarding the Council liaison role has been drafted. Regarding the Planning Commission Council liaison position, they have discussed what role the position should play;what information should the liaison provide to the Planning Commission;what information should the liaison bring back to the Council; should the liaison speak at meetings; and what limits should there be on liaison input. She stated that in the past, the liaison's role has been to not express personal opinions or Planning Commission Minutes Page 4 April 9,2013 influence the Commission's decision. Councilmember Burandt stated that more information will be provided the Planning Commission on the liaison policy when it is available. 7. Adjournment There being no further business, MOVED BY COMMISSIONER JOHNSON TO ADJOURN THE MEETING. The meeting of the Elk River Planning Commission adjourned at 7 p.m. Minutes ;/pared by De.:': ebner. Tina Allard City Clerk ad Westberg,Vice C Planning Commission