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04-27-1999 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, APRIL 27, 1999 Members Present: Vice Chair Mesich, Commissioners Chambers, Kuester and Morris Members Absent: Chair Cote, Commissioners Thompson and Schuster Staff Present: Scott Harlicker, Assistant Planner; Stephen Wensman, Planner; Debbie Huebner, Recording Secretary 1. Call Meetina 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 Mesich. 2. Consider 4/27/99 Planning Commission Aaenda COMMISSIONER MORRIS MOVED TO APPROVE THE APRIL 27, 1999, PLANNING COMMISSION AGENDA WITH THE FOLLOWING ADDITIONS: - 6.2. OTHER BUSINESS - CLUSTER SEMINAR COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 3. Consider 3/23/99 Plannina Commission Minutes COMMISSIONER KUESTER MOVED TO APPROVE THE MARCH 23,1999 MINUTES. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 4. Plannina Commission Representative to Attend 5/17/99 City Council Meeting Vice Chair Mesich will attend the May 17, 1999, City Council meeting. 5.1 . Request by Gary Martin for Conditional Use Permit to Park Semi in Residential Zonina District, Public Hearina Case No. CU 99-7 Staff report by Steve Wensman. Gary Martin has requested a conditional use permit to park a semi-tractor and trailer on a residential (Ra1) property. Steve reviewed the complaint history of the property, noting the most recent complaint of April 15, 1999, regarding a report that Mr. Martin drove a loaded semi trailer on Victoria Lane when road restrictions were in force. Steve reviewed problems with debris on the property, providing pictures of the site to show improvements made and continued nuisance issues. Planning Commission Minutes April 27. 1999 Page 2 . Vice Chair Mesich asked if the County approves the access onto Meadowvale, if the other access onto Victoria Lane would be eliminated. Steve Wensman indicated that this issue has not yet been addressed. Steve noted that the lot coverage of the house and driveway might exceed 25% allowed by the city's regulations. Vice Chair Mesich opened the public hearing. Joe Miske, 20431 Meadowvale Road, indicated he was opposed to Mr. Martin parking the trailer on the property, but not the tractor. Colleen Gass, 14021 Victoria Lane, expressed her objection to approval of the conditional use permit. She stated that the applicant often runs the truck all day or all night. She felt the situation of a semi tractor and trailer being driven through the neighborhood was extremely dangerous. Gary Balcom, 14054 Victoria Lane, stated he did not object to the semi tractor idling for 15 minutes, but he felt the smell becomes unbearable during the summer if the wind conditions are right. He asked that language be written into the permit so that it could be revoked Mr. Martin exceeds the idling time. Vice Chair Mesich noted that the City Council will hold a public hearing and make the final decision on this request. . steve Stoffers, 14019 Victoria Lane, indicated that Mr. Martin does not own his truck and is leased from J Rand Trucking in Zimmerman. He explained that J Rand has a secured, fenced parking area where Mr. Martin could leave his tractor and trailer, and drive his vehicle home. Mr. Stoffers indicated he would accept allowing Mr. Martin to park his tractor only on his property. He indicated he does not want to see the road ripped up by allowing him to bring a trailer onto Victoria Lane, especially when road restrictions are in place. Mark Grimmer, 20446 Meadowvale Road, expressed his concern for the safety of the children in the neighborhood. He indicated he does not have a problem with the tractor but he objects to the trailer. Gary Martin, applicant, explained that he has been attempting to obtain a permit for a driveway onto Meadowvale Road from Sherburne County. He indicated he has documentation that he was under the legal weight limit on the day of the complaint (April 15), and would like to have the letter from Phil Hals removed from his file. Mr. Martin displayed pictures of neighboring properties, stating that he felt they should be required to remove debris from their property, as well. Commissioner Chambers asked Mr. Martin if he needed to park his trailer on his property. Mr. Martin indicated it was a convenience, not a necessity. Joan Scheer, 1109 School Street, expressed her support for Gary Martin's request for a conditional use permit. . Planning Commission Minutes April 27, 1999 Page 3 . Mark Grimmer, 20446 Meadowvale Road, indicated that if the conditional use permit were approved for the tractor only, the issues regarding safety. the driveway access and the impact on Victoria Lane still need to be addressed. Steve Stoffers indicated that he has been a truck driver for 29 years and does not keep his truck on his property. He stated that he drives 35 miles each way to drive to where his truck is stored. He stated that there are many other truck drivers in Elk River who do not bring their trucks home; the trucks are stored elsewhere and they drive their own vehicle to where the trucks are parked. Joe Miske indicated he does not oppose allowing Mr. Martin to park his tractor only on his property. There being no further comments from the public. Vice Chair Mesich closed the public hearing. Commissioner Kuester noted that the conditional use permit will go with the property and that if the property changed hands. the new owner would be allowed the same opportunity. Commissioner Chambers indicated he did not support an access onto Meadowvale Road. Vice Chair Mesich indicated he would view the situation differently if Mr. Martin owned 5 acres of property. The Planning Commissioners discussed allowing Mr. Martin to park his tractor only on his property. . COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY GARY MARTIN FOR A CONDITIONAL USE PERMIT TO PARK A SEMI-TRACTOR ON A RESIDENTIAL PROPERTY, PUBLIC HEARING CASE NO. CU 99-7, WITH THE FOLLOWING CONDITIONS: 1. THAT THE CONDITIONAL USE PERMIT SHALL BE FOR PARKING A SEMI TRACTOR ONLY AND NO PARKING OF SEMI TRAILERS SHALL BE ALLOWED. 2. THAT ANY DRIVEWAYS SHALL BE WELL DEFINED, A MAXIMUM WIDTH OF 30 FEET AT THE STREET RIGHT-OF-WAY, AND PAVED WITH A DUST-FREE, ALL-WEATHER SURFACE WITH PROPER SURFACE DRAINAGE, SUCH AS A CLASS V GRAVEL. ALSO, THAT ALL DRIVEWAYS BE SETBACK 5 FEET FROM ANY PROPERTY LINES AND PAVED PRIOR TO OCTOBER 1,1999. 3. THAT IF A DRIVEWAY ACCESS OFF OF MEADOWVALE ROAD IS APPROVED BY THE COUNTY, THE CITY MAY REQUIRE THE DRIVEWAY BE REMOVED IF AND WHEN SEMI-TRACTOR PARKING IS NO LONGER NEEDED, OR IF THE TRUCKING OPERATION INVOLVES MORE THAN ONE SEMI-TRACTOR OR TRAILOR. 4. THAT ANY VEHICLES ON THE PROPERTY BE LICENSED AND IN OPERABLE CONDITION AND PARKED ON PARKED ON A DUST-FREE, ALL-WEATHER SURFACE WITH PROPER SURFACE DRAINAGE. 5. THAT ANY EXPOSED EARTH BE PLANTED WITH SOD OR GRASS SEED AND PROPERLY MAINTAINED. . COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 4-0. Planning Commission Minutes April 27, 1999 Page 4 . 5.2. Reauest bv Kenneth Jordan for Conditional Use Permit for Home Occupation, Public Hearina Case No. CU 99-14 staff report by Scott Harlicker. Ken Jordan, 18990 Twin Lakes Road, has requested a conditional use permit to conduct a catering business as a home occupation. Scott explained that there will be a limited amount of delivery traffic and parking is not an issue, since the pig roasting will be done off site. The applicant will have one employee. A commercial disposal company will empty the dumpster, which will be kept inside an existing storage building. A grease disposal company will remove grease resulting from cooking the pigs. Scott noted that no signage or exterior alterations are proposed. Staff recommended approval of the request with the conditions outlined in the staff report dated April 27, 1999. Vice Chair Mesich opened the public hearing. Ken Jordan, applicant, indicated that the home occupation would not change the look of the property. Chair Mesich asked how many cookers would be stored on the property. Mr. Jordan stated that he has four cookers. Mr. Jordan noted that there would be no livestock kept on site: the pigs would be delivered ready to cook and would be stored in large coolers. Mr. Jordan stated that the side dish preparation would be done in his home. . Scott Harlicker asked that a letter from a neighboring resident, Janet Cardinal, 19127 Tyler Street, be entered into the record, expressing her opposition to the home occupation. Ms. Cardinal stated that she felt ther~ are already too many businesses in their residential neighborhood and she objected to the traffic the home occupation would create. Commissioner Kuester indicated she did not feel this home occupation should not be considered a commercial use, or that it would cause an increase in traffic. There being no further comments from the public, Vice Chair Mesich closed the public hearing. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY KEN JORDAN FOR A CONDITIONAL USE PERMIT, PUBLIC HEARING CASE NO. CU 99. 14, WITH THE FOLLOWING CONDITIONS: 1. THE DUMPSTER SHALL BE STORED INSIDE ONE OF THE EXISTING STORAGE BUILDINGS. 2. THE APPLICANT RECEIVES ALL NECESSARY HEALTH DEPARTMENT APPROVALS. 3. GREASE GENERATED AS A RESULT OF THIS BUSINESS IS STORED INSIDE. 4. NO EXTERIOR STORAGE OF EQUIPMENT AND VEHICLES USED IN THE BUSINESS. . . . . Planning Commission Minutes April 27, 1999 Page 5 5. ANY SIGNAGE WILL BE LIMITED TO 2 SQUARE FEET AND MOUNTED ON THE HOUSE. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.3. Request by City of Elk River for Ordinance Amendment to Add Sherburne County Fair as Permitted Use in BP (Business Park) Zonina District, Public Hearina Case Staff report by Steve Wensman. An amendment to the Business Park zoning district has been requested to allow Sherburne County Fair as a permitted use, in order to allow them to construct a new structure. Currently the fairgrounds are a legal non-conforming use and the Business Park zoning was not intended to exclude the fairgrounds. Staff recommends approval of the amendment as proposed. Vice Chair Mesich opened the public hearing. There being no comments from the public, Vice Chair Mesich closed the public hearing. COMMISSIONER MORRIS MOVED TO RECOMMEND APPROVAL OF THE CITY OF ELK RIVER'S REQUEST FOR AN ORDINANCE AMENDMENT TO ADD SHERBURNE COUNTY FAIR AS A PERMITTED USE IN BP (BUSINESS PARK) ZONING DISTRICT. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 5.4. Request by City of Elk River for Ordinance Amendment Reaardina Minimum Distance Between Driveways, Public Hearina Case No. OA 99-4 Staff report by Steve Wensman. The City of Elk River has requested an amendment to the Elk River City Ordinance, Section 900.32, deleting the requirement for minimum distance between driveways. Steve explained that many driveways in cul-de-sacs would be non-conforming under the existing ordinance. Vice Chair Mesich opened the public hearing. There being no comments from the public, Vice Chair Mesich closed the public hearing. COMMISSIONER KUESTER MOVED TO RECOMMEND APPROVAL OF THE REQUEST FOR AN ORDINANCE AMENDMENT TO SECTION 900.32, REQUIREMENTS FOR VEHICULAR AND PEDESTRIAN CIRCULATION, DELETING THE REQUIREMENT FOR MINIMUM DISTANCE BETWEEN DRIVEWAYS, PUBLIC HEARING CASE NO. OA 99-4. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 4-0. 6. Other Business 6.1. Update on City Council Meetina by Commissioner Kuester Commissioner Kuester provided the Planning Commissioners an update on action taken by the City Council on planning issues at the April 19, 1999, Council meeting. . . . Planning Commission Minutes April 27, 1999 Page 6 6.2. Cluster Seminar Steve Wens man indicated that the City of Otsego will be holding a seminar on clustering. May 17. 1999. at 6:30 p.m. He encouraged any Commissioners who are interested to attend the seminar. 7. Adiournment There being no further business, COMMISSIONER MORRIS MOVED TO ADJOURN THE MEETING. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 4-0. The meeting of the Elk River Planning Commission adjourned at 8:50 p.m. Respectfully submitted, Debbie Huebner IJdW ~ Recording Secretary