02-24-2015 PC MINMembers Present:
Members Absent:
Staff Present:
Meeting of the Elk River Planning Commission
Held at the Elk River City Hall
Tuesday, February 24, 2015
Chair Eric Johnson, Commissioners Jeremy Johnson, Jill Larson -Vito Mark
Konietzko, and Thomas Petschl
Commissioners Andrew Crook and Mike Keller
Park Planner /Planner Chris Leeseberg, Planner Zack Carlton; City Clerk
Tina Allard
I . Call Meeting to Order
Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission
was called to order at 6:59 p.m. by Chair Eric Johnson.
2. Consider 2/24/2015 Planning Commission Agenda
Moved by Commissioner Larson -Vito and seconded by Commissioner Petschl to
approve the February 24, 2015, Planning Commission agenda. Motion carried 5 -0.
3.1 January 27, 2015 Regular Meeting Minutes
Motion by Commissioner Larson -Vito and seconded by Commissioner Jeremy
Johnson to approve the February 24, 2015, Regular Planning Commission meeting
minutes. Motion carried 5 -0.
4.1 Request by John Duffy /Duffy Development for Conditional
Amend Coachmen Ridge Site Plan to Add Additional Unit,
Lakes Road, NW, Case No. CU 15 -04, Public Hearing
Mr. Carlton presented the staff report.
Chair Johnson opened the public hearing.
John Duffy, applicant, stated he was available for questions.
Chair Johnson closed the public hearing.
Use Permit to
17250 Twin
Moved by Commissioner Johnson and seconded by Commissioner Petschl to
approve Conditional Use Permit, Case No. CU 15 -04 with the following condition:
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February 24, 2015
Page 2
1. Park dedication shall be paid for one dwelling unit at the rate applicable when
the CUP is recorded. Current rate for residential is $3,712 per dwelling unit.
Motion carried 5 -0
4.2 Request by Academy of Elk River for Conditional Use Permit for Martial
Arts Studio, 121671 Meadowvale Road, NW, Case No. CU 15-06, Public
Hearing
Mr. Carlton presented the staff report.
Chair Johnson opened the public hearing. There being no one to speak to this issue, Chair
Johnson closed the public hearing.
Chair Eric Johnson stated he had some concern for the potential of chemical odors of other
businesses in this multi- tenant facility and how it would affect the studio.
Mr. Carlton stated this is an industrial district so there would be expectations of possible
chemical odors but city code allows for commercial recreational facilities as a conditional use
permit in the district.
Moved by Commissioner Konietzko and seconded by Commissioner Johnson to
approve Conditional Use Permit, Case No. CU 15 -06 with the following conditions:
1. As a CUP is not a building permit, the applicant shall apply for all required
permits.
2. Fitness /martial arts class sizes shall not exceed 80 students.
Motion carried 5 -0
4.3 Request by Gustafson Trailers for Conditional Use Permit for Trailer Sales
and Repair, 17354 Zane Street, Nom/, Case No. CU 15 -05, Public Hearing
Mr. Leeseberg presented the staff report. He stated work had been done on the property
without proper city permits but since the submission of the staff report to the commission,
staff has learned the applicant has now applied for city permits.
Commissioner Petschl questioned if the building and fire departments have had a chance to
see the property.
Mr. Leeseberg noted the fire department has been to the site on several occasions and they
are okay with the progress being made. He stated the building department has not been out
to the site yet.
The history and challenges of the building site were discussed.
Chair Johnson opened the public hearing.
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February 24, 2015
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Chris Gustafson, 15898 64th Street, Becker, MN — Stated he is the manager of the business
and his electrical contractor, Western Electric, applied for the permit and did some electrical
work. He stated 99% of the requests by the fire marshal have been completed but at this
time they are not planning on any construction on the building. He stated he moved his
business to Elk River because his shop had burned down in the City of Becker. He indicated
he had to move fast and that is why he is asking for approval after the fact.
Chair Johnson questioned the following of Mr. Gustafson:
1. If the current improvements were made at his expense
2. Is the intent of applicant to use a portion of the building for repairs
3. Has he reviewed the list of 14 conditions outlined in the memo
Mr. Gustafson stated yes to all the questions and that he had no issues with the conditions
being proposed.
Chair Johnson expressed concern about the significant investment the applicant will have to
make in order to bring the property into code compliance. He further questioned if the
applicant would be required to bring the entire building up to code or only the portion he
would be using.
Mr. Leeseberg stated he does not have an answer at this time regarding the building code
requirements.
Chair Johnson expressed concern because other applicants, with similar type of uses, have
considered this property, which the Commission has denied because they did not meet the
Comprehensive Plan.
Chair Larson -Vito asked for clarification of the above statement, referring to the GATR
request.
Mr. Leeseberg stated the Commission was working on a concept review for GATR but in
mid - process the applicant withdrew the request. He stated the zoning for this property has
not changed (C -3) but the underlying land use did. He stated the zone change went to
Council but it was continued and has not been acted upon yet (as part of the Focused Area
Study /FAST).
Commissioner Kometzko stated Yale Street is a small residential road and the access to the
subject property is challenging. He expressed concern with large vehicles, such as campers
driving it.
Commissioner Petschl concurred stating many times there are vehicles parked on both sides
of the street and it would be difficult to navigate larger vehicles.
Chair Johnson stated it could become more of an issue when the Minnesota Department of
Transportation (Mn /DOT) decides to close the 173`d Avenue intersection. He stated the
trailer use would be consistent with the past auto use of the property so it should have the
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February 24, 2015
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same impact to nearby residents. He stated his only concern is that the use is not consistent
with the Comprehensive Plan. He stated if this use is approved and the zone change is made
later by the Council, it would then prevent other similar uses in the rest of the building. He
stated if approved the commission would be setting a precedence of allowing similar uses on
the rest of the property.
It was noted the land use changed because of the planned Mn /DOT changes to the
Highway 10 access points (right -in, right out) which would make it impossible for this type
of use to function at this location.
Chair Johnson closed the public hearing.
Chair Johnson stated the Council should make the decision on this request because the
current zoning is in transition and it is difficult for the Commission to make a decision until
they know what the Council wants for the zoning. He stated at this time this request is for a
non - conforming land use. He stated the commission has approved a Comprehensive Plan
showing this location being designated as residential and should not approve this one project
for a portion of a building and then move forward with the Comprehensive Plan changes for
the rest of the building. He stated the use for the whole building needs to be determined.
Commissioner Larson -Vito stated she would like to continue the item in order to look more
closely at the recent history of this parcel and previous requests made for it.
Mr. Leeseberg stated he does not believe the Commission has looked at applications related
to this parcel.
Recollection by the commission was that trailer sales were added to the C3 zoning district as
an allowed use because trailer sales were not allowed anywhere in the city at that time.
Moved by Commissioner Jeremy Johnson and seconded by Commissioner Konietzko
to recommend denial of Conditional Use Permit, Case No. CU 15 -05 for the
following reasons:
1. The project is not consistent with the comprehensive plan. The subject property
has an underlying Land Use of High Density Housing /Riverfront Amenity (The
Point) as defined in the adopted Comprehensive Plan and the Focused Area
Study (FAST). The uses here would include residential product from
townhomes to apartments and uses that embrace the river.
2. A non - conforming land use could impede the normal and orderly development of
the surrounding vacant properties.
3. The project is not adequately served by the available city water and sewer
services.
Motion carried 4 -1. Commissioner Larson -Vito opposed.
5. General Business
Planning Commission Minutes
February 24, 2015
There was no general business.
6.1 City Council Liaison Update
Mr. Lesseberg provided an update of Council meeting actions.
7. Adjournment
There being no further business, Commissioner Johnson moved to adjourn the
meeting.
The meeting of the Elk River Planning Commission adjourned at 7:40 p.m.
Tina Allard
City Clerk
Johnson, Chair, Planning Commission
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