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04-27-2004 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT CITY HALL TUESDAY, APRIL 27,2004 Members Present: Chair Pederson, Commissioners Anderson, Curtis, Lemke, Offerman, Ropp and Stevens Members Absent: None Staff Present: Scott Harlicker, Senior Planner; Chris Leeseberg, 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 6:52 p.m. by Chair Ropp. 2. Consider 4/27/04 Planning Commission Agenda MOVED BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER ANDERSON TO APPROVE THE APRIL 27,2004 PLANNING COMMISSION AGENDA. MOTION CARRIED 7-0. 3. Consider 3/23/04 Planning Commission Minutes MOVED BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER LEMKE TO APPROVE THE MARCH 23, 2004, MINUTES. MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend May 17. 2004 City Council Meeting Commissioner Lemke will attend the May 17, 2004 City Council meeting. 5.1. Request by Pete's Mini Storage for Zone Change. Public Hearing - Case No. ZC 04-04 Commissioner Stevens abstained from discussion of this item due to a potential conflict of interest. Senior Planner Scott Harlicker reviewed the request by Pete's Mini Storage for a rezoning of property located on 191 ~ Avenue from R3 Townhouse/Multiple Family Residential to R4 Multiple Family. Mr. Harlicker explained that current R3 zoning allows townhomes or apartments and that the adjacent properties to the east and west are zoned R4. Staff feels that the mini storage appears to be compatible with the multiple family dwellings in the area with few trips per day; the use generates very little noise; and the units are utilized by residents residing in the multiple dwellings, due to the lack of storage available to them. Mr. Harlicker noted that if the zoning is changed, the site could potentially be utilized for an apartment building in the future, but that the size of the property would only allow maximum of 11 units to be constructed. . . . Planning Commission Minutes April 27, 2004 Page 2 Chair Ropp opened the public hearing. Randy Koppendrayer, 11922 192nd Avenue, stated that he objected to the zone change. He stated that there are kids that use the facility as a park and that they are running around the mini storage at all hours of the night. He felt that expanding the use would create more havoc. He stated that he did not object to more apartments. Connie Mutchler, 11812 Highland Road, stated she was not in favor of the rezoning to R4. She stated she did not object to townhomes or rowhouses. She expressed concern that the runoff would affect the Boy Scout site. She asked for clarification on how the units would be expanded. Mr. Harlicker explained. Ms. Mutchler felt that the City needs to look at the drainage into the City's storm sewer in the area, if they consider allowing apartments in the future. Pete Rohlf, applicant, stated that the runoff from his site does not go into the City's storm drainage system, but that it goes into a ponding area on his property. He stated that runoff would not impact the Boy Scout site. Mary Meyers, 11866 192nd Avenue, asked if Mr. Rohlf planned to construct apartments in the future. Mr. Rohlf stated no, that he was only interested in expanding the mini storage. Mr. Harlicker explained that at the time the existing structures were constructed, mini storage buildings were a permitted use, but later the ordinance was changed by the City and the use became nonconforming. The rezoning is necessaty in order to allow Mr. Rohlf to expand his facility. Ms. Meyers asked if the more apartments could be constructed on adjacent sites. Mr. Rohlf stated that the rezoning is for his property only and adjacent properties would not be affected. Ms. Mutchler asked if they would be notified if apartments were to be constructed on Mr. Rohlf's property. Mr. Harlicker stated that residents would not be notified since it would be a permitted use. However, since the site is only 3.8 acres in size, a maximum of 11 units could be built on the site, depending on number of bedrooms, square footage of the apartments, parking, and drainage issues. Wally Kostruba, expressed concern that the Boy Scout site not be affected by the drainage from the mini storage site. Mr. Rohlf again stated that his property does not drain into the City sewer and would not impact the Boy Scout property. Andrew Corbett, 11854192 112 Avenue, stated that he opposed the rezoning because of traffic impacts. He asked if there was a way for Mr. Rohlf to expand the mini storage without a rezoning. Mr. Harlicker stated that the only other option would be to request an amendment to the R3 zoning district standards to allow mini storage as a permitted use. Mr. Beck noted that the R3 district is more of a townhome district and adding mini storage as a permitted use was unlikely. There being no further public comment, Chair Ropp closed the public hearing. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER OFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY PETE'S MINI STORAGE FORA ZONE CHANGE FROM R3 . . . Planning Commission Minutes April 27, 2004 Page 3 TOWNHOUSE/MULTIPLE FAMILY TO R4 MULTIPLE FAMILY, BASED ON THE FOLLOWING FINDINGS: 1. THE REQUEST IS CONSISTENT WITH ADJACENT ZONING AND USES. 2. THE USE IS CONSISTENT WITH THE ZONING. 3. THE ZONING IS CONSISTENT WITH THE LAND USE. MOTION CARRIED 7-0. 5.2. Request Pete's Mini Storage for Conditional Use Permit to Construct Addition. Case No. CU 04-06 Commissioner Stevens abstained from discussion of this item due to a potential conflict of interest. Senior Planner Scott Harlicker stated that Pete's Mini Storage requests a conditional use permit to allow expansion of an existing mini storage. Mr. Harlicker reviewed staff's analysis of the request regarding setbacks and drainage, landscaping, building elevations and materials. Staff recommends approval of the request with the three conditions listed in the staff report. Chair Ropp opened the public hearing. Pete Rohlf, applicant, explained where the additions would be constructed on each of the buildings. Mr. Rohlf stated that there are approximately 20 trees on 1911h Avenue and that he did not wish to plant trees on the east side of the most easterly existing building, as this area is used for snow storage. Commissioner Pederson asked if any of the property was fenced. Mr. Rohlf stated no and that at the time the original mini storage facility was approved, the City Council felt that a fence would be more dangerous than not having a fence. He noted that the only problem he has experienced was kids breaking lights and he has since installed lights that can't be broken. Joe Story, 11868191% Avenue, stated that there was a lot of traffic through the mini storage facility. He stated that fencing around mini storage facilities is common. He stated that he is opposed to the R4 zoning because it would allow more apartments. Chair Ropp asked the applicant if he limited the hours of operation. Mr. Rohlf stated yes; and that 8 p.m. is usually the latest that the units are accessed. Commissioner Curtis asked how often Mr. Rohlf is on the property. Mr. Rohlf stated that he visits the site every 2 - 3 days. There being no further public comment, Chair Ropp closed the public hearing. Commissioner Pederson stated that he had significant concerns regarding security and for the issues raised by the residents. He stated that he encouraged them to call the police if they noticed any suspicious activity on the property. He stated that he would like to see the site fenced and gated, and that he would like to see security lighting addressed, as well. He stated that he understood Mr. Rohlf's snow storage issue, but felt that trees should be place in this area as recommended by staff. Commissioner Pederson asked if the Police . . . Planning Commission Minutes April 27, 2004 Page 4 Department has seen the proposal. Mr. Harlicker stated that Police Department representatives received the site plan and attend the Site Plan Review meetings, and no concerns were expressed by them. Chair Ropp stated that he also had concerns with security, and that he would be in favor of fencing and a gate to contain the area. Commissioner Anderson stated that he felt the existing mini storage is a fairly passive use, but increasing the number of units will bring more people into the site. He stated that the applicant needs to work with staff to identify the existing trees on his property. He stated that sometimes fences attract rather than deter problems, but that he is aware other mini storage facilities have them and he would support requiring a fence. He concurred that hours of operation should be posted. He felt that the neighbors would provide the best security. Commissioner Anderson stated that he felt the lighting should be adequate but that it should not be intrusive to the neighbors. Commissioner Curtis concurred with Commissioner Anderson's comments. She asked Mr. Rohlf how many units would be added. Mr. Rohlf stated that he would be increasing the size of some of the existing units and that only 9 additional units will be added. Commissioner Offerman stated that he did not feel fencing was appropriate for this residential area and would appear out of place. He stated that he would support posting hours of operation. He commended the quality of the construction of the facility and concurred that lighting could be added as necessary. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISIONER CURTIS TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT FOR PETE'S MINI STORAGE TO ALLOW THE EXPANSION OF A MINI STORAGE FACILITY, CASE NO. CU 04-06 WITH THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHALL PROVIDE A LANDSCAPE PLAN WITH ADDITIONAL TREES ALONG THE BOULEVARD, THE WEST PROPERTY LINE NEAR THE DETENTION POND, AND EAST OF THE EASTERLY BUILDING. 2. THE BUILDING CONSTRUCTION AND MATERIALS BE SIMILAR TO THE EXISTING STRUCTURES, INCLUDING THE STUCCO FINISH. 3. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATIN IMPORTANT TO PRE-HISTORY OR HISTORY SHALL BE REPORTED OT THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHROIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. 4. THE APPLICANT SHALL PLACE A FENCE WITH A GATE AROUND THE PERIMETER OF THE PROPERTY. 5. THE APPLICATION SHALL MEET THE CITY'S LANDSCAPING REQUIREMENTS. 6. SIGNAGE WITH THE HOURS OF OPERATION OF 7 A.M. TO 10 P.M. SHALL BE POSTED. . . . Planning Commission Minutes April 27, 2004 Page 5 Mr. Harlicker asked for clarification on the type of fence to be required. Commissioner Pederson stated that he felt the fence should be a 6-foot high security-type fence, and that decorative type fence would be appropriate along 192 ~ Avenue. Commissioner Pederson stated that he felt the fence should also be gated . MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER CURTIS TO AMEND THE MOTION TO REVISE CONDITION #4 AS FOLLOWS: 4. THE APPLICANT SHALL PlACE A FENCE WITH A GATE AROUND THE PERIMETER OF THE PROPERTY AND DESIGN DETAIL SHALL BE PRESENTED TO THE CITY COUNCIL FOR THEIR APPROVAL AT THE MAY 17JH COUNCIL MEETING. THE MOTION CARRIED 6-0. Commissioner Stevens abstained. 5.3. Request by Joseph Brandenburg for a Conditional Use Permit for a Home Occupation. Public Hearing - Case No. CU 04-07 Planner Chris Leeseberg explained a request by Joseph Brandenburg for a conditional use permit for a home occupation out of a detached garage at 18629 Simonet Drive. Mr. Brandenburg's business relates to the distribution of aftermarket automotive cruise controls. Mr. Brandenburg proposes to remove the existing accessoty building and construct a 24' x 40' (1120 sq. ft.) three-car detached garage and one-third of the space will be utilized as the office for the home occupation. Mr. Leeseberg stated that the applicant will be the only employee and hours of operation will be 8 a.m. to 4 p.m. Delivety of produce will be via UPS or FedEx. Staff recommends approval of the request with the four conditions listed in the staff report dated April 27, 2004. Chair Ropp opened the public hearing. Karen Anderson, 18583 Simonet Drive, expressed concerns regarding traffic, children and animals on the street, impacts on property values, signage, and increased activity at the site. Aldlen Hageman, 18637 Simonet Drive, concurred with Ms. Anderson's concerns. He noted that he shares a driveway with the applicant and he would be impacted by increased traffic. Michele Smith, 18670 Simonet Drive, stated that she has small children and is concerned about the delivety/pick-up traffic. Joseph Brandenburg, applicant, explained that his business will not generate any more traffic than is already existing. There will be a UPS truck picking up and delivering only once a day. There will be nosignage and no sales from his home. He stated that he would not be required to obtain a conditional use permit if he was operating his business out of an attached garage, or inside his home. Commissioner Curtis asked if the business would generate any noise. Mr. Brandenburg stated no, that he will simply be repackaging product and shipping it out by UPS. Commissioner Offerman asked how pickup is arranged. Mr. Brandenburg stated that he has one scheduled pickup per day. . . . Planning Commission Minutes April 27, 2004 Page 6 Mr. Hageman asked when the Brandenburg's plan to have their new garage constructed. Mr. Brandenburg stated that it will be completed by August 2004. Commissioner Lemke asked how the product is shipped to Mr. Brandenburg. Mr. Brandenburg stated that he picks up the product himself. Commissioner Stevens stated that he feels the business will have minimal impact on the neighborhood and supported the request. He stated that with Internet access available to everyone, there are UPS trucks making pickups and deliveries in most neighborhoods in the City every day. Commissioner Pederson concurred with Commissioner Stevens comments. He felt that the business would be no different if the applicant operated it out of his kitchen. He did not feel the neighborhood would be impacted. He stated that there are two home businesses operating in his neighborhood and would not have known they were there if the owners had not told the neighbors they had them. There being no further public comment, Chair Ropp closed the public hearing. MOTION BY COMMISSIONER OFFERMAN AND SECONDED BY COMMISSIONER PEDERSON TO RECOMMEND APPROVAL OF A REQUEST BY JOSEPH BRANDEBURG FORA CONDITIONAL USE PERMIT FORA HOME OCCUPATION, CASE NO. CU 04-07, WITH THE FOLLOWING CONDITIONS: 1. THERE SHALL NOT BE MORE THAN TWO EMPLOYEES. IF ADDITIONAL EMPLOYEES TO BE ADDED, THE APPLICANT SHALL APPLY FOR AN AMENDMENT TO THE CONDITIONAL USE PERMIT. 2. EMPLOYEE VEHICLES SHALL BE PARKED ON AN APPROVED SURFACE PER THE ORDINANCE REQUIREMENTS. 3. THERE SHALL BE NO STORAGE OF BUSINESS PRODUCTS OR EQUIPMENT OUTSIDE OF THE ACCESSORY STRUCTURE. 4. DELIVERY VEHICLES SHALL BE UNLOADED ON SITE AND NOT FROM THE STREET. MOTION CARRIED 7-0. 5.4. Request by Olson General Contractors for a Conditional Use Permit for Outdoor Storage. Case No. CU 04-08 Senior Planner Scott Harlicker introduced a request by Olson General Contractors for a conditional use permit for outdoor storage on Lot 2, Block 1, Cascade Industrial Park. Mr. Harlicker reviewed the location, surrounding land uses, parking and access, outdoor storage, screening, landscaping, signage, and building elevations. Staff recommends approval of the request with the six conditions listed in the staff report. Chair Ropp opened the public hearing. Greg Michael, representing Olson General Contractors, asked for clarification on the number of required trees. Mr. Harlicker stated that the ordinance requires 44 trees with a . . . Planning Commission Minutes April 27, 2004 Page 7 mix of 22 overstory, 11 evergreen, and 11 ornamental. Staff is recommending 10 additional pine trees for screening along both sides of the storage area. He noted that the applicants site plan indicates 43 trees. Robert Kostruba, 20573 Quincy Street, owner of the mini storage to the south asked why the City is requiring so many trees in an industrial-zoned area. He stated that the only area he can plant the additional trees is in a drainage ditch and that no landscaping contractor will guarantee trees which are planted in an area which may be washed out by runoff. Mr. Harlicker stated that the applicant has the entire site to plant the trees on and that no drainage is directed around the perimeter of the property. Commissioner Curtis asked how the gravel area will be maintained. Mr. Harlicker stated that some type of material or barrier will be required and approved by the City Engineer to keep the outdoor storage area from expanding. Bobby Peterson, Andover, property owner to the north, stated that the City of Elk River has a unique opportunity for businesses such has his by allowing outdoor storage and now the City is asking them to hide it by requiring an unreasonable number of trees. He estimated that he will be required to plant 40 trees on his 3-acre parcel when it is developed. Mr. Harlicker stated that Mr. Peterson may want to work with Olson General Contractors regarding placement of trees between their sites. Commissioner Pederson stated that he voted against the variance because the request did not meet the criteria. He stated that the Medium Industrial landscaping ordinance requirements may need to be re-evaluated. He stated that valid points have been brought up regarding the number of required trees. Commissioner Pederson suggested that the number of trees could be reduced in exchange for planting larger trees in the front of the property. He stated that he would like to see some trees planted along the back of the undeveloped property. Commissioner Curtis concurred and stated that she would like to see some of the trees distributed on the back of the property. Chair Ropp stated that he felt 44 trees would be adequate and that he would support negotiating this number if the applicant planted larger trees in the front. Commissioner Anderson stated that he felt the Commission needs to consider the long term, as uses may change and that he did not feel anyone regrets requiring screening. He stated that he supported staff's recommendation for requiring the additional trees. He stated that the applicant has the option of spreading the trees out more and that he also would like to see some trees across the back property. Commissioner Offerman concurred with Commissioner Anderson's comments. He felt it was up to the applicant to come up with a plan to spread the trees throughout the site. Frank Carlson, owner of the proposed building, stated that it would not be difficult to distribute the trees, but that he did not understand why the City felt it was necessary to screen the pipe yard, since the building would screen the outdoor storage from the pipe yard. . . . Planning Commission Minutes April 27, 2004 Page 8 Commissioner Offerman stated that the reason other cities don't allow outdoor storage is because people don't like to look at it. The City has chosen to allow it, providing screening standards are applied. Mr. Carlson stated that they are making an effort to build a nice building, and felt that the 120-foot building would adequately screen the outdoor storage. Commissioner Pederson stated that he feels 44 trees is acceptable. He stated that he did not see the need for additional screening since the property is zoned 1-2, it is not in the urban service district, it is located near the railroad tracks and not highly visible from Highway 10. He did not feel it was necessary to screen the site from other industrial buildings. Commissioner Pederson suggested requiring only 30 trees, but require larger trees. Commissioner Lemke asked for clarification on the number of additional trees. Mr. Harlicker stated that a total of seven additional trees are suggested to enhance screening. Commissioner Lemke stated that he felt the additional trees are not necessary. He suggested removing Conditions #2 and #6. Commissioner Curtis suggested removing Condition #2 and requiring that the trees be spread out. Commissioner Anderson stated that the ordinance requires that landscaping be irrigated and that it would be expensive to irrigate trees spread out through the site. Mr. Carlson asked if less trees would be required if they planted larger trees. Commissioner It was the consensus of the Commission that the applicant work with staff on the details of the number and size of trees. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY OLSON GENERAL CONTRACTORS FORA CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE, CASE NO. CU 04-08, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER SHALL BE ADDRESSED. 2. ALL SIGNAGE SHALL COMPLY WITH THE SIGN ORNIDANCE AND THE FREESTANDING SIGN SHALL BE SET BACK 10 FEET FROM THE PROPERTY LINES. 3. ALL LANDSCAPED AREAS SHALL BE IRRIGATED. 4. THE EDGES OF THE OUTDOOR STORAGE AREA SHALL BE PERMANENTLY DEFINED WITH LANDSCAPING TIES. 5. ONE ADDITIONAL OVERS TORY TREE BE PLANTED. MOTION CARRIED 6-0. Commissioner Stevens abstained. 5.5. Request by Vision Enterprises. LLC for a Conditional Use Permit for a building expansion. Public Hearing - Case No. CO 04-09 Commissioner Stevens excused himself from discussion on this issue due to a potential conflict of interest. . . . Planning Commission Minutes April 27, 2004 Page 9 Planner Chris Leeseberg introduced a request by Vision Enterprises for a conditional use permit to add four service bays to their maintenance building at 12508 Elk Lake Road. (4,300 square foot addition). He noted that a question was raised regarding compliance with a 1994 condition relating to planting of trees along the Gty trail. Staff recommends approval of the request with the conditions listed in the staff report, and an additional condition to require compliance with the original 1994 approval conditions. Chair Ropp opened the public hearing. Commissioner Pederson asked if the Gty could enforce the original conditions. Gty Attorney Peter Beck stated that the original conditional use permit still stands and that it would not be a problem to require the applicant to bring the conditional use permit up to current standards. Commissioner Anderson asked if new conditions could be added. Mr. Beck stated yes. Commissioner Curtis asked if the trees have since died, could the Gty require replacement of the trees. Mr. Beck stated yes. Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed the public hearing. Commissioner Anderson asked if the addition would house additional buses. Mark Ostwald of Vision Enterprises stated that due to expansion of their fleet, additional maintenance area is needed. Commissioner Offerman concurred that a condition should be added to require that the site be brought into compliance. He stated that he had no problem with the request and felt that the area was well-screened. MOTION BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY VISION ENTERPRISES, LLC FORA CONDITIONAL USE PERMIT, CASE NO. CU 04-09, WITH THE FOLLOWING CONDITIONS: 1. ALL COMMENTS OF THE CITY ENGINEER ARE ADDRESSED. 2. THE BUILDING SHALL COMPLY WITH ALL BUILDING CODES. 3. THE BUILDING SHALL COMPLY WITH ALL FIRE CODES. 4. ANY ITEM OR CONDITION FOUND THAT INDICATES THE SITE IS LIKELY TO YIELD INFORMATION IMPORTANT TO PRE- HISTORY OR HISTORY SHALL BE REPORTED TO THE CITY IMMEDIATELY. FURTHER, THE CITY RESERVES THE RIGHT TO STOP WORK AUTHORIZED IN ITS APPROVAL UNTIL THE SITE IS APPROPRIATELY INVESTIGATED AND WORK IS AUTHORIZED TO CONTINUE BY THE CITY. 5. THE PROPERTY SHALL BE IN COMPLIANCE WITH THE ORIGINAL LANDSCAPE DESIGN OF 1994. MOTION CARRIED 6-0. Commissioner Stevens abstained. . . . Planning Commission Minutes April 27, 2004 5.6. 5.7. Page 10 Request by North Memorial Medical Center to Amend Signage Requirements for Elk River Plaza PUD Senior Planner Scott Harlicker presented the request by North Memorial Medical Center to amend the Elk River Plaza PUD in order to install two freestanding signs; one along Freeport Avenue and one in front of the building. He reviewed the current signage and the dimensions and placement of the two proposed signs. Staff recommends approval of the request. Chair Ropp opened the public hearing. There being no public comment, Chair Ropp closed the public hearing. Commissioner Pederson stated that he felt the signage is needed to identify the clinic as well as the other tenants. He noted that there are often patients coming to the Guardian Angels facility trying to find the North Memorial Clinic. MOTION BY COMMISSIONER PEDERSON AND SECONDED BY COMMISSIONER STEVENS TO RECOMMEND APPROVAL OF THE REQUEST BY NORTH MEMORIAL MEDICAL CENTER TO AMEND THE SIGNAGE REQUIREMENTS FOR ELK RIVER PLAZA PUD, CASE NO. CU 04- 10, FOR TWO ADDITIONAL SIGNS. MOTION CARRIED 7-0. Request by Northern Auto Services, Inc. for Conditional Use Permit/PUD Amendment for Auburn Commons/Barrington Place PUD to Allow Auto Sales, Public Hearing - Case No. CU04-12 Senior Planner Scott Harlicker introduced the request by Northern Auto Services for a conditional use permit to allow auto sales at 522 Dodge Avenue (NA.S.CARE site). He reviewed the zoning, lot size and surrounding land uses. The applicant proposes to install 7 concrete pads in the grass area at the northeast comer of 5th Street and Dodge Avenue. Mr. Harlicker noted that no new lighting, signage or parking is proposed. He noted that a new curb cut will be installed along the existing driveway off 5th Street. Staff recommends approval of the request with the conditions listed in the staff report and with the following additional conditions: (1) that impervious pavers are used which will allow grass to grow through them; and (2) a revised landscape plan shall include new plantings and relocating existing plants. Chair Ropp opened the public hearing. Gary Santwire, contractor and representative for Russell and Linda N orha, adjacent property owners, stated that he was involved in the development of the original Indy Lube project and that an additional 10 feet of right-of-way was granted for this property for future widening of Dodge Street. He stated that there is a 30-foot setback for the building and that landscaping would need to be changed for this request in order to meet the setback requirements. He stated that he felt the use is an accessory use which requires a 25-foot setback. Mr. Santwire stated that he had concerns regarding how the cars would leave the site. He stated that the grass area would be tom up if the cars were driven forward onto Dodge, especially in the spring time or when it rains. He asked that the Commission enforce the 25 foot setback. . . . Planning Commission Minutes April 27, 2004 Page 11 Marc Braaten, representing N.A..S.CARE, stated that he would work with staff on the setback issue and that he would move the pads locations and landscaping if required to do so. He explained how the landscaping could be moved. Russell Norha, owner of the adjacent building to the east, expressed his concern for traffic and safety on 5th Street. Mr. Braaten stated that he felt there was good visibility even with two vehicles ahead of a driver. Mr. Santwire stated that the setback needs to be determined before proceeding with the project. Mr. Braaten stated that he did consider installing a parking lot but that he wanted to preserve the grassy area. There being no further public comment, Chair Ropp closed the public hearing. Commissioner Stevens asked for clarification on the setback and right-of-way for Dodge Street. Mr. Harlicker explained that he and Mr. Santwire are in disagreement on the use being proposed. Mr. Harlicker stated that he interprets the pads as an improved surface which requires a la-foot setback., regardless of where the property line is. Commissioner Pederson stated that from the site plan, it appears to be 40 feet. Commissioner Stevens stated that he supported the plan and favored keeping the grass area by using the pavers. He felt that the site lines were wide open at the point on Dodge and whatever setback is determined to be accurate, there should not be a problem with traffic. Commissioner Offerman stated that he also likes the plan. He suggested that a concrete bumper could be installed to prevent the driving the vehicles forward toward Dodge Street. Commissioner Pederson suggested that some type of landscaping be installed, instead of a concrete bumper. Commissioner Lemke suggested that a condition be added that only employees be allowed to drive the cars from the pad sites to the street access. Mr. Harlicker stated that it would be difficult to enforce such a condition. Commissioner Anderson expressed his concern for the condition of this section of Dodge Street. Mr. Harlicker stated that the setback and sidewalk situation can be reviewed by the Gty Engineer. Commissioner Offerman suggestion that a condition be added to include review by the Gty Engineer for compliance with the proposed upgrade of Dodge Street. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO RECOMMEND APPROVAL OF THE REQUEST BY NORTHERN AUTO SERVICES FORA CONDITIONAL USE PERMIT TO ALLOW AUTO SALES, CASE NO. CU 04-12, WITH THE FOLLOWING CONDITIONS: 1. THE NUMBER OF CARS FOR SALE ON THIS SITE SHALL BE LIMITED TO 7. VEHICLES SHALL BE STREET OPERABLE AND IN AESTHETICALLY PLEASING CONDITION. Planning Commission Minutes April 27, 2004 Page 12 . 2. 3. 4. 5. 6. 7. NO DIRECT ACCESS FROM THE PAD TO A PUBLIC STREET IS ALLOWED. COMPLY WITH STATE OF MINNESOTA LICENSING REQUIREMENTS. CONCRETE PAVERS WHICH ALLOW GRASS TO GROW THROUGH THEM SHALL BE USED IN THE AREA BEHLIND THE PADS. LANDSCAPING SHALL BE PLANTED IN FRONT OF THE PADS. BUMPERS SHALL BE PLACED ON THE FRONT OF THE PADS. CITY ENGINEER SHALL REVIEW SETBACKS. MOTION CARRIED 5-2. Commissioners Anderson and Curtis opposed. MOTION CARRIED -0. 6. Other Business 6.1. Update on 4/19/04 City Council Meeting Commissioner Offerman provided an update on the April 19 , 2004 City Council meetIng. 7. Adiournment . There being no further business, MOVED BY COMMISSIONER ANDERSON AND SECONDED BY COMMISSIONER PEDERSON TO ADJOURN THE MEETING. MOTION CARRIED 7-0. The meeting of the Elk River Planning Commission adjourned at 9:40 p.m. Respectfully submitted, iJJt.u ~ Debbie Huebner Recording Secretary .