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3.1. PC DRAFT MINUTES 10-22-2019 Meeting of the Elk River Planning Commission Held at Elk River City Hall Tuesday, September 24, 2019 Members Present: Chair Eric Johnson, Commissioners Alexander Feinstein, John Jordan, Jill Larson-Vito, and Robert Rydberg Members Absent: Commissioner Brad Thiel Also Present: City Council Liaison Nate Ovall Staff Present: Senior Planner Chris Leeseberg and Sr. Admin. Assistant/Recording Secretary Jennifer Green 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 6:39 p.m. by Chair Johnson. 2. Consider September 24, 2019, Planning Commission Agenda Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to approve the September 24, 2019, Planning Commission agenda. Motion carried 6-0. 3. Consider August 27, 2019, Planning Commission Minutes Moved by Commissioner Rydberg and seconded by Commissioner Larson- Vito to approve the August 27, 2019, Planning Commission minutes. Motion carried 6-0. 4.1. Tall Pine Holdings LLC – 75-656-0115  Zone Change from Business Park (BP) to Planned Unit Development (PUD), Case No. ZC 19-03  Conditional Use Permit (CUP) for Planned Unit Development (PUD), CU 19-13 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. There being no one to speak, Chair Johnson closed the public hearing. Commissioner Rydberg asked if anyone had contested or protested this development. Planning Commission Page 2 September 24, 2019 ----------------------------- Mr. Leeseberg stated he hadn’t received any comments regarding this proposed development. Commissioner Larson-Vito asked about space requirements for emergency service vehicles to turn around. Mr. Leeseberg stated there is no pull-through planned for this development but that rd would be available on 183 Ave. NW with turn-around space in the cul-de-sac. Commissioner Jordan stated the stormwater basin appears in close proximity to the lots. Mr. Leeseberg stated stormwater staff has reviewed this and while it does appear close, staff states it has met all requirements. He stated this is considered a dry basin and won’t hold much water. Moved by Commissioner Larson-Vito and seconded by Commissioner Feinstein to recommend approval of the Zone Change from Business Park (BP) to Planned Unit Development (PUD) with the following condition: 1. A PUD Agreement must be approved by the City Council prior to recording the Zone Change. Motion carried 6-0. Moved by Commissioner Larson-Vito and seconded by Commissioner Beise to recommend approval of the Conditional Use Permit (CUP) establishing a residential Planned Unit Development, with the following conditions: 1. A PUD Agreement shall be developed and signed by both parties prior to issuance of a building permit. 2. A grading permit from Sherburne County is required for work adjacent the CSAH 12. 3. Submit plan profile sheets and connection details for sewer and water system additions. 4. A city rental license is required for all units operated as a rental unit. 5. Complete a tree inventory with the applicant to verify landscaping requirements have been met. Motion carried 6-0. 4.2. Marvin Ziner – 617 Gates Ave. NW  Conditional Use Permit (CUP) to operate a private kennel (keeping and raising show rabbits, Case No. CU 19-15 Mr. Leeseberg presented the staff report. He provided an update to Condition 1 to read as follows: “The private kennel shall be limited to 21 rabbits. Additional rabbits will require an amendment to the Conditional Use Permit.” He explained the need to Planning Commission Page 3 September 24, 2019 ----------------------------- change “animal units” to “rabbits” as anyone that owns the property in the future could own numerous animal units which could include dogs or cats. Commissioner Larson-Vito asked for clarification why rabbits are considered agricultural animals if the applicant’s rabbits are being shown and raised for having their wool harvested. Mr. Leeseberg stated it was a determination made by city staff that rabbits are considered domestic animals as outlined in the city code. Commissioner Rydberg asked about previous uses being grandfathered in and if there were CUPs issued. Mr. Leeseberg stated staff is not aware of any CUPs issued for this property and nothing was “grandfathered in.” He stated the animal unit is a fairly new addition to city code. Chair Johnson asked if there should be a condition of no breeding or no increase of additional rabbit units. He also asked if there were setbacks in place for the cages to be further away from property lines. Mr. Leeseberg stated the same guidelines as dogs and cats would be enforced with this CUP, explaining animals aren’t counted as an animal unit until 6 months of age and at that time, they would need to be removed. He stated a condition could be added of no breeding. He indicated there are no setbacks for cages and has been considering since the staff report was written of a 5 or 10 foot setback for the cage location. Chair Johnson opened the public hearing. Allen Whiteoak, 627 Gates Ave. NW, stated he lives next to the applicant and indicated the easiest way for him to deal with the applicant’s rabbits was to build an 8’ panel fence. He stated the cages are located on the property line and suggested they be moved from the side of the applicant’s property to the back yard. He explained the history of problems with animal smell and waste not being disposed of in a timely manner and stated the waste sometimes sits in black plastic bags or a wheelbarrow at the end of the applicant’s driveway for weeks at a time. He also discussed the overall condition of the property itself. He was opposed to approval of the conditional use permit. th Dennis Heath, 520 7 Street, stated his wife, Carol, has called the city and the mayor numerous times over the years to ask the city to get the property cleaned up. He asked about the rules regarding how many rabbits one can keep. He submitted photos of the property showing long grass and weeds, garbage, and an unlicensed truck located in the driveway, a compost pile located near the Whiteoak property line, and rabbit waste. He stated the rabbit waste rots and stinks because it isn’t cleaned up in a timely manner and doesn’t feel the applicant should be allowed to have even one rabbit. Planning Commission Page 4 September 24, 2019 ----------------------------- Peter Warner, 620 Gates Ave., submitted a handwritten letter from another property owner, Larry Krieg, who couldn’t attend the public hearing. Mr. Warner also submitted his own photos of the condition of the applicant’s property and expressed his concerns with the health hazard to the neighborhood from the rabbits and their waste, and the vermin he thinks will eventually show up. He stated he cannot trust the applicant to comply with the condition of keeping the rabbit cages clean as they don’t currently keep them clean. th Carol Heath, 520 7 St., stated she has called the city numerous times and talked to Code Enforcement Officer Dave Hetrick, who visited the applicant’s property and took pictures. She stated the yard wasn’t cleaned up but only seemed to get worse. Dale Ziner, 617 Gates Ave. NW, the person who lives at the property and cares for the rabbits. His father is the applicant. He stated he now does twice weekly cleanings of the rabbit cages. He stated he contacts a farmer from Foreston who stops twice a week to pick up the wheelbarrow of rabbit waste. He stated he is trying to sell the truck in the driveway but is having title issues. Mr. Whiteoak stated the applicant’s Chevy truck is on jacks and has been on the property for 15 years. There being no one to speak, Chair Johnson closed the public hearing. Commissioner Larson-Vito asked about records of existing or on-going code violations reported with the property. Mr. Leeseberg stated he did speak to Mr. Hetrick for an update on the code enforcement efforts at the property, and the yard upkeep is a separate issue that is being dealt with. He apologized to the neighbors that the cleanup efforts haven’t been as quick as they would have liked and explained a few years ago, the city didn’t have a mechanism for prohibitin rabbits, which is why the code changed to include rabbits as a domestic animal. He stated they have received many phone calls about this property in particular and therefore they are requesting the applicant to obtain a CUP. He stated dealing with blighted properties is not a simple overnight process but also shouldn’t take years either. He stated a game plan for cleanup of the property will be included to the council information, which is separate from the CUP. Commissioner Larson-Vito stated she felt the condition of the property and the keeping of rabbits are related and asked if existing codes aren’t being followed, she asked why the Planning Commission would have any reason to believe the conditions set forth in the CUP would be mitigated in this instance. Mr. Leeseberg agreed the two items are related but believed the CUP cannot legally be denied because the applicant’s grass isn’t mowed or because there’s a truck in the front yard. Planning Commission Page 5 September 24, 2019 ----------------------------- Commissioner Larson-Vito asked if the Planning Commission could deny the request on the basis that imposing conditions would not resolve those issues. Mr. Leeseberg stated the Planning Commission could indeed deny the request if they believed the conditions proposed would not resolve the outstanding issues of the property. Chair Johnson asked if the CUP is passed by the City Council and the conditions weren’t met as outlined in the CUP, what was the reclamation process. Mr. Leeseberg indicated the applicant would have to remove 15 rabbits from the property. Chair Johnson asked if the CUP was revoked and the applicant removed 15 rabbits, there would be no other conditions in place to enforce the upkeep and condition of the remaining 6 rabbits. Mr. Leeseberg agreed, as the city wouldn’t have any enforcement of checks. Commissioner Feinstein asked how often the rabbits are shown. Mr. Ziner stated the rabbits are shown during the spring and fall (show season), with an average of three shows a month during those times. He stated under USDA guidelines, rabbits are considered a dual use, as pets and as livestock. Chair Johnson asked Mr. Ziner if he was comfortable with conditions as presented. Mr. Ziner stated he was comfortable with the conditions as presented and he would work on getting the property cleaned up. He stated both he and his father have mobility and health issues and have asked friends for help with property cleanup but they haven’t shown up. He stated he understands there’s an issue with the condition of the property but is limited with health issues. He stated they are trying to get the property cleaned up. Commissioner Jordan stated he doesn’t feel rabbits, chickens, hogs, or goats belong on a city lot but rather on farm land. He felt in this case, there were too many animals in such close proximity to neighboring homes. He stated placing setbacks for cage location isn’t going to help because the lot was too small to make any difference. He stated if history’s a guide with an unkempt property, he didn’t feel confident that there wouldn’t be continuing problems and felt they’re going to get worse but not because the applicant and his son want that. He stated in the previous city where he worked, they would not approve a CUP until a property was brought up to code. He stated he would not support this request. Commissioner Larson-Vito asked about requiring a property to be adhering to all city ordinances before issuing a CUP, noting the city does require businesses to do so, and asked if there were different requirements for residential properties. Planning Commission Page 6 September 24, 2019 ----------------------------- Mr. Leeseberg explained the challenge of requiring properties to adhere to all city code before approving an application. He stated the nuisance chapter of the city code is not in Chapter 30. He believed it was slippery slope to impose requirements for properties to come into compliance with city code before issuing a permit. Chair Johnson asked if the commission can impose design standards for things like chicken coops and beehives, he’s wondering if they can impose a design standard as a condition. Mr. Leeseberg stated if the commission felt it would assist in complying with the standards, then they could, but they can’t impose design standards for aesthetic reasons. Commissioner Feinstein stated he isn’t hearing the applicant will comply, he’s hearing them say they will try to comply. Chair Johnson stated he is hearing the applicant may not be able to keep up with things today but is wondering if a CUP will help enforcement. Commissioner Beise stated he feels 21 rabbits would have an effect on the neighbors with the waste they create and 6 would be better. Commissioner Rydberg felt like having 6 rabbits would be considered a hobby but 21 rabbits seems in excess and particularly on a small city lot where smells can affect neighboring properties. He doesn’t support imposing conditions to alleviate the problems that 21 rabbits creates. He stated he would not be in support of this CUP. Moved by Commissioner Jordan and seconded by Commissioner Rydberg to recommend denial of the Conditional Use Permit for Marvin Ziner at 617 Gates Ave. NW. Motion carried 6-0. The City Council will make the final decision regarding this request at the October 21, 2019, meeting. 4.3. Auto-Rec Bodyworks Inc. – 21475 US Highway 169  Amendment to the Conditional Use Permit (CUP), Case No. CU 19-14 – continued from August 27, 2019 Mr. Leeseberg presented the staff report. Councilmember Ovall stated this updated plan is a significant change to what was originally submitted and asked if the applicant is aware that the home on the property cannot be used a residential dwelling. Chair Johnson opened the public hearing. Planning Commission Page 7 September 24, 2019 ----------------------------- Rick Haugland, the applicant, stated the house on the property will be moved off site, offering a more attractive appearance of the property from the highway. He stated this updated site plan offers plenty of parking but indicated his need to build a much larger building to store all his equipment. He stated his plan is to level the property before this winter and begin building the new structure in the spring. There being no one else to speak, Chair Johnson closed the public hearing. Commissioner Rydberg asked if a condition could be added that required the applicant to move the residence before building construction begins. Mr. Leeseberg stated the Planning Commission could add a condition with a time frame of removal of the residence if they so wished. Chair Johnson asked the applicant if it was his intent to comply with the condition of removing the home before the building begins. Mr. Haugland stated if they wanted to add a condition that when the building is completed, the house will be removed, he would be fine with that. Commissioner Feinstein asked if it would be as simple as submitting a demolition or reconstruction plan. Mr. Leeseberg suggested that before issuing a Certificate of Occupancy (CO) and allowing the building to be used, the residential structure would have to be removed if the applicant would agree. Mr. Haugland stated it may take about 1.5 years to complete to allow time to build and relocate his folks. Commissioner Beise reiterated the condition of issuing the CO and meaning the building couldn’t be used until the house is removed. Mr. Haugland stated he would agree to that. Mr. Leeseberg stated they would add a condition as follows: A Certificate of Occupancy would not be issued until the residential structure has been removed from the property. Commissioner Larson-Vito asked if Condition #2 would cover the concern of the residential dwelling not being used. Commissioner Rydberg stated it impacts the parking spaces and some of the other permits on the property and he felt it’s making sure the intent of what we have is already followed. Planning Commission Page 8 September 24, 2019 ----------------------------- Mr. Leeseberg agreed with striking Condition 2 and adding the following condition: The Certificate of Occupancy may not be issued for the 9,000 square foot building until the residential structure is removed from the property. Moved by Commissioner Feinstein and seconded by Commissioner Beise to recommend approval of the amendment to the Conditional Use Permit for Auto-Rec Bodyworks Inc. to allow for construction of an accessory structure with the following conditions to satisfy the standards set forth in Section 30- 654: 1. The approved Conditional Use Permit (CU 16-09) will become void. 2. The property cannot be used for residential dwelling purposes. 3. The building shall meet all building and fire codes. 4. The building shall be inspected by the city’s Building Official and Fire Marshal to verify compliance with all building and fire codes and all identified violations must be addressed prior to issuance of any new building permit for the property. 5. All septic systems must provide a certificate of compliance or notice of noncompliance, for the existing septic system, and must be signed by a licensed inspection business or by a qualified employee certified as an inspector who is authorized by the local unit of government. The certificate of compliance or notice of noncompliance must be submitted to the local unit of government no later than 15 days after any compliance inspection. 6. All vehicles stored on the premises shall be stored within an area which is screened by a 6 (six) foot high 100% opaque fence. 7. There shall be no repair or maintenance of vehicles outside of the building. 8. Car, truck, RV, and marine sales shall not be allowed. 9. The Certificate of Occupancy may not be issued for the 9,000 square foot building until the residential structure is removed from the property. Motion carried 6-0. 5. General Business There was no general business. Commissioner Feinstein will attend the October 21 City Council meeting as Planning Commission representative. 6.1 Council Liaison Update Councilmember Ovall updated the Planning Commission on a rental property license revocation. He updated them on discussions with a developer for a possible conceptual project in downtown Elk River that the council hasn’t formally agreed to anything but are in the brainstorming stages. He stated the developer is requesting Planning Commission Page 9 September 24, 2019 ----------------------------- the exclusive right to submit a proposal for consideration. He noted it would be a mixed use development with consideration of traffic and parking, retail and restaurant space. He stated the HRA has discussed some alternative loan programs specifically for blighted properties. 7. Adjournment The meeting was adjourned at 7:41 p.m. Minutes prepared by Jennifer Green. ___________________ Tina Allard City Clerk __________________ Eric Johnson Planning Commission Chair