11-25-1997 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, NOVEMBER 25, 1997
Members Present:
Chair Anderson, Commissioners Cote, Kuester, Mesich, Minton,
Sullivan and Thompson
Members Absent:
None
Staff Present:
Scott Harlicker, Assistant Planner; Debbie Huebner, Recording
Secretary
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 Anderson.
COMMISSIONER MESICH MOVED TO APPROVE THE NOVEMBER 25, 1997 PLANNING
COMMISSION AGENDA WITH THE FOLLOWING CHANGE:
-ITEM 5.2. REQUEST FOR PRELIMINARY PLAT (HIDDEN CREEK), PUBLIC HEARING
CASE NO. P 97-17 - MOVE TO CONSENT AGENDA.
COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0.
COMMISSIONER COTE MOVED APPROVAL OF THE CONSENT AGENDA AS FOLLOWS:
2.A.1. CITY OF ELK RIVER REQUEST FOR ZONE CHAGNE FROM R1 A TO R1 E (URBAN
SERVICE DISTRICT), PUBLIC HEARING CASE NO. ZC 97-8 - POSTPONE TO
12/23/97
5.2. REQUEST FOR PRELIMINARY PLAT (HIDDEN CREEK), PUBLIC HEARING CASE
NO. P 97-17 - POSTPONE TO 12/23/97
COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7-0.
COMMISSIONER SULLIVAN MOVED TO APPROVE THE OCTOBER 27, 1997 PLANNING
COMMISSION MINUTES WITH THE FOLLOWING CHANGE:
- ADD COMMISSIONERS COTE AND KUESTER TO MEMBERS PRESENT
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 7-0.
Planning Commission Minutes
November 25, 1997
Page 2
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Commissioner Thompson will attend the December 15, 1997 City Council Meeting.
Commissioner Thompson indicated she had a conflict of interest on this issue and
withdrew from the discussion.
Paul Krause has requested a conditional use permit for the construction of a
storage building at Pinewood Golf Course located at the corner of 182nd A venue
and Waco Street(Outlot A, Pinewood Addition). The proposed 32' x 48' building
will be located adjacent to the existing club house. Scott indicated the Planning
Commission may wish to address the problem of golf balls going into residents'
yards at this time. Staff recommends approval of the conditional use permit with
the conditions outlined in the staff report.
Chair Anderson opened the public hearing.
Charlie Berger 14209 182nd Avenue NW, indicated he lives next to the NO.6 green.
Mr. Berger expressed concern regarding the number of golf balls hit into his yard.
He feels it is unsafe to work in his yard without a helmet and asked that something
be done to address the issue.
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Wade Malcom. 14189 182nd Avenue NW, resident near the NO.6 green, expressed
concern for the safety of his 3 small children. He stated a window and patio
table have been damaged due to golf balls. Mr. Macom felt nets constructed at
the tee box of problem holes would alleviate some of the problems.
Chuck Johnson, 14146 182nd Avenue NW, indicated the City Council approved a
variance that would allow construction of a net on his property, but he has not
constructed the net because he feels the net will reduce his property value. Mr.
Johnson feels it would be more appropriate to construct nets at the tee boxes of
problem holes, but Mr. Krause was not willing to do so. Mr. Johnson it would be his
last alternative to put a net on his property.
There being no further public comment, Chair Anderson closed the public
hearing.
Commissioner Mesich questioned the building material standards for the
proposed storage building. Scott indicated the standards can be addressed as
part of the conditional use permit. Commissioner Mesich suggested the request
be postponed to December 23rd Planning Commission meeting, due to the fact
the applicant was not present. The Commissioners questioned if there are other
properties on the golf course with similar problems.
COMMISSIONER SULLIVAN MOVED TO POSTPONE THE REQUEST BY PAUL KRAUSE FOR
A CONDITIONAL USE PERMIT TO CONSTRUCT A STORAGE BUILDING AT THE
PINEWOOD GOLF COURSE, PUBLIC HEARING CASE NO. CU 97-18, TO THE DECEMBER
23, 1997, PLANNING COMMISSION MEETING. COMMISSIONER MESICH SECONDED
THE MOTION. THE MOTION CARRIED 7-0.
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Planning Commission Minutes
November 25, 1997
Page 3
Elk River Shopping Center is requesting a conditional use permit to expand the Elk
River Theater from 10 to 18 screens. Old Pamida site. Reviewed request. 26,000
sq. ft. will be remodeled for the theater's purposes. Key - tenant mix so parking
demands balance. 2-3 additional signs face Highway 169.
Chair Anderson opened the public hearing.
Jack Sheedy, 4820 West 72nd Street, Edina, present to answer questions on behalf
of Elk River Shopping Center.
Commissioner Minton questioned whether Mr. Sheedy is aware of any history of
pedestrian accidents at the theater site. Mr. Sheedy indicated he is not aware of
any accidents.
Chair Anderson asked if the applicant was aware of problems with break ins and
vandalism. Not aware of any problems, but there was one incident in which the
glass panels advertising the current movies was broken. Chair Anderson and
Commissioner Mesich indicated they are aware of a history of vandalism to
vehicles in the theater parking lot.
Larry Lindshew, 9110 93rd Avenue, Chanhassen, theater investor, indicated the
theater hires police reserves to protect people and property.
Commissioner Kuester asked if the crosswalks were striped. Mr. Lindshew stated
there are 5 striped crosswalks. Mr. Lindshew indicated approximately 1,000
parking spaces are available and an area is available south of the building for
expansion of the parking lot.
There being no other public comment, Chair Anderson closed the public hearing.
COMMISSIONER MESICH MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY ELK RIVER SHOPPING CENTER FOR A CONDITIONAL
USE PERMIT TO EXPAND THE ELK RIVER THEATER, PUBLIC HEARING CASE NO. CU 97-
29, NO OPPOSITION DURING THE PUBLIC HEARING, WITH THE FOLLOWING
CONDITIONS:
1. ADDITIONAL SIGNAGE BE LIMITED TO THREE (3) CABINET SIGNS WHICH MAY
BE PLACED ON THE EAST ELEVATION OF THE BUILDING FACING HIGHWAY
169. THESE SIGNS SHALL BE THE SAME SIZE AS THE EXISTING CABINET SIGNS.
2. ALL THE CONDITIONS OUTLINED IN CONDITIONAL USE PERMIT NO. CU 93-25
APPLY TO THIS NEW CONDITIONAL USE PERMIT.
COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 7-0.
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Planning Commission Minutes
November 25, 1997
Page 4
Elk River Shopping Center is requesting a conditional use permit for an
athletic/health club facility in the Elk River Mall. The club (liThe Gym") will occupy
existing space at the south end of the mall formerly occupied by Pamida. Scott
reviewed issues associated with parking, signage, hours of operation, and uses.
Staff recommends approval with conditions outlined in the staff report.
Commissioner Minton suggested the 5 a.m. - 11 :00 p.m. hours of operation
recommended by staff be permitted every day.
Chair Anderson opened the public hearing. There being no comments from the
public, Chair Anderson closed the public hearing.
COMMISSIONER MESICH MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY ELK RIVER SHOPPING CENTER FOR A CONDITIONAL
USE PERMIT FOR A FITNESS CENTER ("THE GYM"), PUBLIC HEARING CASE NO. CU 97.
30 WITH THE FOLLOWING CONDITIONS:
1. HOURS OF OPERATION WILL BE 5 A.M. TO 11 PM DAILY.
2. SIGNAGE SHALL CONSIST OF INDIVIDUAL LIT LETTERS ON BOTH THE EAST AND
WEST ELEVATION OF THE BUILDING.
3. APPROPRIATE BUILDING PERMITS BE OBTAINED PRIOR TO STARTING GANY
INTERIM CONSTRUCTION.
4. IF A PARKING PROBLEM ARISES IN THE FUTURE, THE PARKING AREA
IMMEDIATELY SOUTH OF THE BUILDING SHALL BE IMPROVED.
COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 7.0.
The City of Elk River has initiated an ordinance amendment to revise the
maximum square footage allowed for accessory structures, and the architectural
standards applicable to accessory structures. Reviewed changes proposed. Staff
recommends approval of the request with the conditions.
Commissioner Kuester suggested language changes in the proposed ordinance
regarding parcel sizes.
Commissioner Minton suggested incorporating a warning in the ordinance to
property owners in these zoning districts that the accessory structures must be
taken down if the property is subdivided. Commissioner Mesich felt the warning
could be distributed as a policy handout for the building department.
Chair Anderson opened the public hearing. There being no comments from the
public. Chair Anderson closed the public hearing.
COMMISSIONER MINTON MOVED THE PLANNING COMMISSION RECOMMEND
APPROVAL OF ORDINANCE 97.--1 AMENDING SECTION 900.20 OF THE CITY CODE
OF ORDINANCES RELATING TO ACCESSOTY STRUCTURES, PUBLIC HEARING CASE NO.
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Planning Commission Minutes
November 25, 1997
Page 5
OA 97-15. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION
CARRIED 7-0.
6.1.
11 /3/97 and 11 /17 /97 City Council Action on Planning Items
Discussion by Commissioners and staff.
There being no further business, COMMISSIONER THOMPSON MOVED TO ADJOURN
THE MEETING. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED
7-0.
The meeting of the Elk River Planning Commission adjourned 7:28 p.m.
Respectfully submitted,
i!Jd(;a' ~
Debbie Huebner
Recording Secretary