09-24-2019 PC MINMeeting of the
Elk River Planning Commission
Held at Elk River City Hall
Tuesday, September 24, 2019
Members Present: Chair Eric Johnson, Commissioners Perry Beise, 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
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 6:39 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.
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September 24, 2019
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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
would be available on 183`d 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
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• 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.
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.
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Peter Warner, 620 Gates Ave., submitted a handwritten letter from another IIIproperty 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.
Carol Heath, 520 7th 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 III
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.
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• 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.
4111 ChairJohnson 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
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so, and asked if there were different requirements for residential properties.
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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. •
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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.
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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.
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
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• 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
ohnson
Planning Commission Chair
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