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01-28-2020 PC MIN .4 City of 0 Elk Meeting of the River Elk River Planning Commission Held at Elk River City Hall Tuesday,January 28, 2020 Members Present: Chair Eric Johnson, Commissioners Perry Beise,Alexander Feinstein, John Jordan,Jill Larson-Vito,Robert Rydberg,and Brad Thiel Members Absent: None 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 6:30 p.m. by Chair Johnson. 2. Pledge of Allegiance IIIThe Pledge of Allegiance was recited. 3. Consider January 28, 2020, Planning Commission Agenda Moved by Commissioner Thiel and seconded by Commissioner Rydberg to approve the January 28, 2020, Planning Commission agenda. Motion carried 7-0. 4. Consider December 17, 2019, Planning Commission Minutes Moved by Commissioner Rydberg and seconded by Commissioner Thiel to approve the December 17, 2019, Planning Commission meeting minutes as presented. Motion carried 7-0. 5.1. Sogdiana LLC / Zafar Khamdamov— 732 Vernon Ave. NW ■ Zone Change from Single Family Residential (R I-c) to Residential Townhouse/Multi-Family Use (R3), Case No. ZC 19-04 IIIMr. Leeseberg presented the staff report. Planning Commission Page 2 January 28,2020 Chair Johnson indicated the public hearing was still open. There was no one present • to speak. Chair Johnson closed the public hearing. Commissioner Rydberg asked if the neighborhood had contacted city staff regarding this request. Mr. Leeseberg indicated he had not received any comments or input from the neighborhood. Commissioner Feinstein asked about the discussion at last month's Planning Commission meeting with the possibility of a Conditional Use Permit for this request and asked if that route had been discussed with the applicant. Mr. Leeseberg stated he thought an Interim Use Permit (IUP) was briefly discussed at last month's meeting and stated the feeling he got was the Planning Commission had a preference that they would support two units instead of three or more units in this neighborhood;therefore, the applicant changed his request for rezoning to R2a for only two units. He stated staff did discuss the route of an IUP with the applicant. Chair Johnson stated he felt like the IUP was briefly discussed at the end of their discussion. Mr. Leeseberg stated staff did discuss the rezoning for two units but would not be in • support of it for many of the same reasons as presented. Chair Johnson asked if going through the Interim Use Permit process was the best route for the property to allow the property to continue being used as a rental property. Mr. Leeseberg stated he didn't believe so as he felt the applicant was ok with having two rental units on this property,which is why he chose R2a. He stated the initial request for an R3 zone change had significant design standards and requirements with that zoning district that the applicant didn't foresee. Councilmember Ovall stated he was confused about the Planning Commission denying the request for a zone change and asked what the applicant was receiving as a solution. Mr.Leeseberg stated it wasn't staffs responsibility to give solutions but to base their recommendation on the Zoning Ordinance and Comprehensive Plan,which when applied didn't guide this property as a rental property. Commissioner Larson-Vito asked if the applicant could have an opportunity to apply for an IUP. Mr. Leeseberg stated the applicant would have to wait for six months to reapply. • PBFSEREI BY [NATURE Planning Commission Page 3 January 28,2020 S Commissioner Jordan asked if the Planning Commission denied the zone change, what would happen to the people who may currently be living at the property. Mr. Leeseberg stated he believed there were people living in the property. Commissioner Larson-Vito asked if the applicant could be given an opportunity to withdraw the application so he wouldn't have to wait six months to reapply for an IUP. She stated she is hesitant to deny something that would hold up the applicant reapplying if all the options were presented and discussed and was surprised that the applicant is making this request. Mr. Leeseberg stated they discussed all the options with the applicant,who preferred to only have two units. Chair Johnson stated the way to review this application is they make a recommendation to the City Council and hope the applicant attends the council meeting. Commissioner Ovall again asked why the Planning Commission was recommending denial. Chair Johnson stated the reason they were recommending denial was based upon III spot zoning. Commissioner Ovall asked why they discussed allowing two units as an option if they're not going to recommend approval. Mr. Leeseberg stated the Planning Commission,while not in support of spot zoning, would consider recommending approval of two units and noted staff was not in support of either spot zoning or approval of two units. Commissioner Thiel stated with this, the Planning Commission has to make a recommendation based upon what was presented to them,but the neighborhood is in a single-family neighborhood. He stated he doesn't feel a strong obligation to figure out a solution for a property owner who had an opportunity to seek due diligence and figure out what he was buying before purchase. Chair Johnson stated this property has been operating under a legal non-conforming use for many years. Commissioner Larson-Vito stated she moved into the neighborhood in 2016 and stated it's very clear there are two different families living in the property. She stated she wanted to be careful they aren't making assumptions of the property,asking if there had been any code review of the property. 4111 Mr. Leeseberg stated as previously discussed at last month's meeting,a similar property located across Highway 10 was also set up as a multi-family property,but ► eriar • ® r NATURE Planning Commission Page 4 January 28,2020 the difference was it had multiple meters, garages, and entrances. He said the Vernon • property has never been approved for more than one family residing at the property. Chair Johnson stated the property owner had not pulled any building permits to create a second residence inside the dwelling. Commissioner Beise stated he didn't feel it was the Planning Commission's responsibility to allow spot zoning because a property was currently operating as such. Councilmember Ovall stated he perceived language to be somewhat of a barrier for the applicant and asked if the Planning Commission could continue this item so they can determine if the applicant fully understands the implications of his request. He felt the applicant's behavior and action is not directionally consistent, asking why the applicant would request an R2 zoning with the knowledge that staff and the Planning Commission wouldn't be in favor of that request. Mr. Leeseberg stated applicants often make requests that aren't supported by the ordinances approved by the City Council. He stated staff makes recommendations to the Planning Commission based upon the ordinances. The Planning Commission hinted at possibly allowing two units,which is why the applicant modified his request from R3 to R2a,but staffs recommendation would still be for denial of that request. The Planning Commission discussed the process of making a recommendation of denial, then the applicant could then withdraw the application before the February • 18,2020, City Council meeting. The applicant, Zafar Khamdamov, arrived at 6:45 p.m. Chair Johnson explained to Mr. Khamdamov the process of withdrawing his current application for a zone change,which is permanent to the property, and instead apply for an IUP to request two families to reside at 732 Vernon St. NW,in which the permit will be temporary and be assigned an end date, noting this option is not guaranteed but the best for his situation. Mr. Khamdamov stated he would like to withdraw his current application and will apply for an Interim Use Permit. Mr. Leeseberg stated he will also have Mr. Khamdamov put something in writing. Moved by Commissioner Larson-Vito and seconded by Commissioner Jordan to postpone action on the application by Zafar Khamdamov for a Zone Change from Single Family Residential (RI.-c) to Residential Townhouse/Multi-Family Use (R3) or R2a (Two Family Residential) as the applicant has withdrawn the request. Motion carried 7-0. • PBIIRII BY 'NATURE Planning Commission Page 5 January 28,2020 • 5.2. Robert Kendrick— 93 I Elk Ln. NW ■ Conditional Use Permit to operate a cutting tool sharpening and repair home occupation, Case No. CU 20-02 Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing. Tarni Wolcenski, 910 Elk Lane, state they live in a very quiet,isolated neighborhood and she is slightly concerned with noise,increased traffic,and odors of the applicant's proposed business. She stated she also has severe allergies and any odors can set off an allergic reaction. She stated her other questions were answered during the public hearing. She does welcome him to the neighborhood and looks forward to meeting with him. John Bennett, 112 Elk Hills Dr. NW, stated he lives next door, and he spoke to Mr. Leeseberg regarding the property's zoning,if there will be signage to drum up business, and what type of machines the applicant will be operating, noting a big grinder may create noise and in a small garage will get hot in the summertime if the doors are required to be closed. He had concerns with the noise and traffic created from this business. Robert Kendrick, the applicant, stated he operated his small business at his residence in St. Cloud, Florida, for 8 years with no neighborhood complaints, noting his music is probably louder than his grinding machines. He explained his machines have dust collectors to prevent breathing in the dust, and an air compressor is used to run a sand blaster. He stated he goes out to beauticians and animal groomers to seek their business to sharpen their scissors. He stated he plans on keeping his home beautiful with nothing stored outdoors. He said he will have normal pickups and deliveries from UPS,USPS, and FedEx,like other residents in the neighborhood. He stated occasionally he'll have an item dropped off by the owner and they will wait to have it sharpened. He stated the operation of his business has not caused himself any health or breathing problems. He stated he would like all the neighbors to embrace him and hopes to fit into the neighborhood and not be offensive. He had no concerns with the condition listed in the staff report. Commissioner Rydberg asked how long he has been living in this home. Mr. Kendrick stated he purchased the home in December but has not started operating his business in Elk River. Commissioner Rydberg asked if he had any concerns with satisfying the conditions as outlined. Mr. Kendrick stated he felt it would be very simple to add an air conditioner to fulfill the condition of having the all opening to the accessory structure closed when he operates his business. NATURE Planning Commission Page 6 January 28,2020 Mr. Leeseberg stated the condition only applies to the operation of tools associated • with the business. He stated when the applicant first contacted the city before purchasing the home, his business was a permitted use and did not require a CUP. He stated shortly thereafter the rules have changed. There being no one else to speak, Chair Johnson closed the public hearing. Commissioner Rydberg adequately addressed the conditions and stated it's an intermitted use, not like an industrial use, and he feels the applicant will be amenable. Commissioner Larson-Vito noted this process is exactly how it's supposed to work, allowing the Planning Commission to have the opportunity to review and address any concerns the proposed business may create during operation. Moved by Commissioner Larson-Vito and seconded by Commissioner Rydberg to recommend approval of the request for a Conditional Use Permit by Robert Kendrick to operate a cutting tool sharpening and repair home occupation with the following condition to satisfy the standards set forth in Section 30-654: 1. All openings to the accessory structure be closed when the operation of tools, associated with the business, are utilized. Motion carried 7-0. 5.3. ISD #728 — 900 School St. NW • • Conditional Use Permit for high school parking lot improvements, new lighting, and relocation of existing traffic light, Case No. CU 20-0I Mr. Leeseberg presented the staff report. Chair Johnson opened the public hearing and continued this item to the February 25, 2020, Planning Commission hearing. 6. Council Liaison Update Councilmember Ovall updated the Planning Commission on the recent City Council meeting items. 7. Adjournment The meeting was adjourned at 7:18 p.m. 111 P ' rLAEI er NATURE Planning Commission Page 7 January 28,2020 • Minutes pr ared by Jennifer Green. Tina Allard City Clerk Eric Johnson Planning Commission Chair IV • NATURE