06-27-1995 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JUNE 27, 1995
Members Present:
Chair Kuester, Commissioners Dillon, Minton, Tacheny, Sullivan
and Thompson
Members Absent:
Commissioner Kreger
Staff Present:
Steven B. Ach, City Planner; Gary Schmitz, Planning Assistant:
Debbie Kleckner, Recording Secretary
Pursuant to due call and notice thereof, the meeting of the Elk River Planning
Commission was called to order at 7 p.m. by Chair Kuester.
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COMMISSIONER SULLIVAN MOVED TO APPROVE THE JUNE 27, 1995 PLANNING
COMMISSION AGENDA. COMMISSIONER THOMPSON SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
It was noted that Commissioner Sullivan should be listed under" Members
Present" .
COMMISSIONER MINTON MOVED TO APPROVE THE 5/23/95 PLANNING
COMMISSION MINUTES AS AMENDED. COMMISSIONER SULLIVAN SECONDED THE
MOTION. THE MOTION CARRIED 6-0.
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Commissioner Sullivan will attend the July 17, 1995 City Council meeting.
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Staff report by Gary Schmitz. Dennis and Arlene Mootz are requesting an eight
foot front yard setback variance from the required 50 foot setback from County
Road 33 right-of-way to accommodate a detached 14' x 20' garage. The
subject property is located at 10213 209th Avenue NW and is zoned A-1
(Agricultural Conservation) with a land use of OS (Open Space). The applicant
is proposing to construct the garage in a location that would fit the existing
topography and not require the removal of mature trees.
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Planning Commission Minutes
June 27, 1995
Page 2
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Gary Schmitz explained County Road 33 right-of-way may be widened to 100
feet which would reduce the proposed garage setback to 25 feet. However, he
stated the County Road 33 may be realigned and the road in front of the
applicant's home would no longer function as a county road and could
become a city street. In that case the proposed 42 foot setback would be
adequate.
Staff feels there are adequate findings to grant the variance and recommends
approval.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER TACHENY MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY DENNIS AND ARLENE
MOOTZ, PUBLIC HEARING CASE NO. V 95-4, BASED ON THE INFORMATION IN THE
STAFF REPORT, INCLUDING THE FOLLOWING FINDINGS:
1) LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE
HARDSHIP BY THE FACT THAT APPLYING THE EXISTING 50' SETBACK
STANDARD WOULD REQUIRE THE LOSS OF SEVERAL MATURE OAK TREES OR
THE PLACEMENT OF THE GARAGE IN AN INCONVENIENT AREA ON THE REAR
OF THE PARCEL AWAY FROM THE EXISTING HOME.
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2)
HARDSHIP IS CAUSED BY THE TOPOGRAPHY OF THE SITE WHICH MAKES IT
DIFFICULT TO CONSTRUCT A GARAGE AT THE SETBACK LINE DUE TO THE
DROP OFF WHICH WOULD NECESSITATE THE NEED FOR EXTENSIVE FILL AND
THE LOSS OF SEVERAL MATURE OAK TREES.
3) THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY AND
WELFARE OF THE NEIGHBORHOOD AND IS IN KEEPING WITH THE SPIRIT AND
INTENT OF THE ORDINANCE.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Commissioner Minton stated that he felt the Commission should be cautious not
to take variance requests lightly.
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Staff report by Gary Schmitz. Jeff Mastley and Randy Lindquist are requesting
preliminary plat approval to subdivide approximately 80 acres into 21 single
family residential lots. The property is located east of Zebulon Street (County
Road 72) and south of the Fairhaven Hills subdivision. The preliminary plat has
two primary access points: One, off of County Road 72 (Zebulon Street) from the
west, and the second involves the extension of Troy Street in the Fairhaven Hills
subdivision. Staff proposes that 199th Avenue be shifted to the north so an
existing home meets the required 35 foot front yard setback. The developers are
proposing to fill approximately a quarter acre of wetlands; therefore, requiring
replacement with a half acre of wetlands within the same county or watershed.
This replacement plan must be approved by the City Council, and other
Planning Commission Minutes
June 27, 1995
Page 3
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agencies such as the DNR, Army Corps of Engineers, Minnesota Pollution Control
Agency, Fish and Wildlife Service, prior to final plat approval.
Gary Schmitz explained that several branches of County Ditch 28 run through
the subject property, and that there are several broken tile lines. He added
County approval is required prior to any maintenance. Also, an existing
detached garage is located within the ditch easement on Lot 6, Block 4, which
will need to be removed or relocated. These issues will need to be resolved prior
to recording the plat.
Gary Schmitz reviewed staff recommendations regarding tree preservation,
septic system locations, park dedication, lot sizes and drainage issues.
Commissioner Tacheny questioned how the drainage plan ties in with the
county ditch system. Terry Maurer explained that the streets will have a
bituminous berm which will lead to catch basins, with piping to ponding areas
for treatment before discharging to the wetlands. A natural storm drainage
calculation will be need to be reviewed in greater detail prior to final plat
approval.
Chair Kuester opened the public hearing.
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Tom Tyler, 19981 Troy Street, requested that an alternative access be found
which would not require the extension of Troy Street in the Fairhaven Hills
subdivision.
Steve Shoe, 19955 Troy Street, stated he purchased his property in 1987 and was
not aware that Troy Street could be extended. He expressed concern that
traffic would increase through the Fairhaven Hills subdivision. He also
questioned what impact the proposed Weatherwood subdivision would have
on the existing Ditch 28 problems.
Chair Kuester closed the public hearing.
Commissioner Minton questioned whether or not it was appropriate to make a
recommendation on this plat, with the number of issues that still need to be
addressed. Terry Maurer, City Engineer, stated that it is not uncommon for
developments to proceed to this point without detailed storm drainage plans,
and still be working through wetlands issues. He added that obtaining proper
approvals would be a condition for approval of the final plat. Terry stated that
storm drainage would be handled within the plat. He indicated there is no
reason to believe that any of the lots are un buildable due to lack of location
sites for septic systems; however, there may be some restrictions on some of the
lots as to where the home can be placed.
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Chair Minton questioned whether the Troy Street extension access was
necessary. Terry Maurer stated that City policy today generally requires two
accesses for emergency services and street maintenance. Also, City policy
currently requires developers to extend and pave streets to the boundaries of a
plat. He stated that traffic will increase on Troy Street and that safety of
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Planning Commission Minutes
June 27, 1995
Page 4
children is a concern, but that the increase in traffic would not be significant in
relation to the amount of traffic Troy Street is designed to carry.
Discussion followed regarding possible future roads to connect the
Weatherwood subdivision with other city streets.
tv1r. Mastley stated that at the time of the Fairhaven Hills development, Troy
Street was graded for future extension of the street and was fenced. Gary
Schmitz explained that tv1r. Mastley was the developer of the Fairhaven Hills
subdivision.
Commissioner Tacheny questioned the purpose of the county ditch. Terry
Maurer explained that the ditch was designed for agricultural purposes, not
urban development. He noted that the City is working with the County for
special legislation whereby the City can take over and maintain the ditches as
part of the urban drainage system. It is not anticipated that the county will be
doing anything more than making emergency repairs in the interim. The
developer responsibility will be limited to maintaining the agricultural purposes
of the ditch and that the drainage plan should show no additional runoff from
the plat than currently exists. Terry explained that some of the wetland shown
on the plat may be caused by breaks in the county ditch. Gary Schmitz stated
that if the county ditch is maintained, some of the wetlands may shrink in size.
Commissioner Tacheny questioned whether or not it would be appropriate to
grant preliminary plat approval without the developer securing the necessary
wetland permits. Gary explained that if the developer were to submit plans and
obtain the permits for wetland replacement, he would run the risk that the
Planning Commission or City Council would request changes in the plat.
COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE PRELIMINARY PLAT FOR WEATHERWOOD
SUBDIVISION, PUBLIC HEARING CASE NO. P 95-1, AS PRESENTED BY JEFF MASTLEY
AND RANDY LINDQUIST, BASED ON THE FOLLOWING CONDITIONS:
1. A DEVELOPMENT AGREEMENT BE PREPARED OUTLINING THE TERMS AND
CONDITIONS FOR PLAT APPROVAL AND INSTALLATION OF IMPROVEMENTS.
2. COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED JUNE 21, 1995,
BE ADDRESSED AND INCORPORATED INTO FINAL PLANS FOR THE
DEVELOPMENT.
3. A SURFACE WATER MANAGEMENT FEE IN THE AMOUNT REQUIRED BY THE CITY
AT THE TIME OF FINAL PLATTING BE PAID PRIOR TO RECORDING THE PLAT.
4. PARK DEDICATION FEES BASED ON THE PER LOT RATE AT THE TIME OF FINAL
PLAT APPROVAL.
5. ALL OF THE APPROPRIATE PERMITS TO FILL AND MITIGATE WETLANDS BE
APPROVED PRIOR TO FINAL PLAT APPROVAL
6. A TREE PRESERVATION PLAN BE SUBMITTED WITH EACH BUILDING PERMIT
WHERE HOMES ARE CONSTRUCTED IN WOODED AREAS.
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Planning Commission Minutes
June 27, 1995
Page 5
7. AN NPDES PERMIT BE OBTAINED FOR THE GRADING ASSOCIATED WITH THE
DEVELOPMENT.
8. PROPER EROSION CONTROL BE PROVIDED DURING CONSTRUCTION.
9. THE DEVELOPER REIMBURSE THE CITY FOR COSTS ASSOCIATED WITH
REVIEWING THIS PLAT PRIOR TO FINAL PLAT REVIEW BY THE CITY COUNCIL.
10. THE DEVELOPER PROVIDE THE CITY WITH A LEnER OF CREDIT IN THE AMOUNT
REQUIRED BY THE CITY TO COVER THE COSTS OF THE IMPROVEMENTS.
11. UPON COMPLETING ALL THE IMPROVEMENTS AND HAVING THEM ACCEPTED
BY THE CITY. A WARRANTY BOND IN THE AMOUNT OF 25% OF THE
IMPROVEMENT COST SHALL BE SUBMlnED WITH THE CITY FOR A ONE YEAR
PERIOD.
12. 199TH AVENUE AT THE INTERSECTION WITH ZEBULON STREET BE SHIFTED 15 FEET
TO THE NORTH TO PROVIDE THE EXISTING HOME A 35 FOOT SETBACK IN THIS
LOCATION.
13. THE DEVELOPER WORK WITH THE COUNTY REGARDING THE DITCH CROSSINGS,
MAINTENANCE AND REDISTRIBUTION OF THE DITCH ASSESSMENT PRIOR TO
RECORDING THE PLAT.
14. TWO SEPTIC LOCATIONS MUST BE SHOWN ON EACH PARCEL WITH PROPER
SETBACKS PRIOR TO PRELIMINARY PLAT APPROVAL BY THE CITY COUNCIL.
15. SOIL BORINGS BE REQUIRED ON LOTS THAT ARE QUESTIONABLE FOR
SUPPORTING A SEPTIC SYSTEM. THIS INFORMATION MUST BE SUBMlnED FOR
REVIEW PRIOR TO FINAL PLAT APPROVAL.
16. TROY STREET BE EXTENDED THROUGH THE FAIRHAVEN HILLS PLAT AND
UPGRADED TO CITY STANDARDS AT THE DEVELOPERS EXPENSE.
17. STREET LIGHTS BE INSTALLED AS REQUIRED BY ELK RIVER UTILITIES.
18. A DRIVEWAY BE IMPROVED WITH EITHER A BITUMINOUS OR CONCRETE
SURFACE FROM THE EDGE OF THE STREET TO TEN FEET WITHIN THE PROPERTY
LINE.
COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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Staff report by Steve Rohlf. Commercial Asphalt is requesting renewal of a
conditional use permit to run a hot mix bituminous plant in an existing gravel
mine. The property is located in the southwest corner of the intersection of
County Road 33 and U.S. Highway 169. Commercial Asphalt has secured all the
appropriate state permits, including an air emissions permit that expires January
25, 1998. This permit is to be reviewed every two years, with the exception of
1994, at which the permit was renewed for one year, due to odor complaints
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Planning Commission Minutes
June 27, 1995
Page 6
from adjacent residents. Staff feels that other issues regarding dust,
sedimentation and noise have been addressed. Steve noted that as of June 6,
1995, only two complaints were made on odor from the operation which, in
staff's opinion, were dealt with appropriately. Steve explained that
Commercial Asphalt has given their phone number to neighboring residents so
that complaints may be handled directly. He felt that this type of open
communication between Commercial Asphalt and the neighbors was probably
the reason there was no one present for the public hearing.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
Commissioner Dillon questioned what techniques are used to control odor.
Brent Slater, representing Commercial Asphalt, explained that the following
factors are considered in controlling odor:
1. Temperature of the mix
2. The amount of recycled material used in the mix
3. Weather conditions
tv1r. Slater stated that if adjusting the temperature is not successful in controlling
odor, it may be necessary at times to shut down until weather conditions
change.
Commissioner Tacheny complimented Commercial Asphalt on the action they
have taken to work with the residents in resolving complaints.
COMMISSIONER THOMPSON MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT RENEWAL REQUEST BY
COMMERCIAL ASPHALT, PUBLIC HEARING CASE NO. CU 95-13, BASED ON THE
FACT THAT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING, THE SAME
FINDINGS MADE DURING THE 1994 RENEWAL, AND SUBJECT TO THE FOLLOWING
CONDITIONS:
1. THAT A MAXIMUM OF 30% RECYCLED ASPHALT CAN BE USED IN THE
OPERATION IN ORDER TO CONTROL ODOR. IF WEATHER CONDITIONS
MAKE ODOR TOO NOTICEABLE, THE OPERATOR MUST TEMPORARILY REDUCE
THE PERCENTAGE OF RECYCLED ASPHALT IN THEIR OPERATION UNTIL
ATMOSPHERIC CONDITIONS ALLOW THE 30% LEVEL TO CONTINUE.
2. THAT THE LEAD CONCENTRATION IN FUEL OIL COMPLY WITH CURRENT
MPCA REGULATIONS OR BE NO MORE THAN 4,000 MG/KG, WHICHEVER IS
LESS. FURTHER, THAT ANALYSIS OF LEAD CONCENTRATION BE PROVIDED AS
PER MPCA'S REQUIREMENTS.
3. THAT A MAXIMUM OF 20% OPACITY IS ALLOWED FOR EMISSION FROM THE
STACK FOR THIS OPERATION.
4. THAT PARTICULATE EMISSIONS BE LIMITED TO A MAXIMUM OF .04 GR/DSCF.
5.
THAT ALL CORRESPONDENCE BETWEEN COMMERCIAL ASPHALT CO. AND
MPCA INCLUDING TEST RESULTS BE COPIED TO THE CITY.
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Planning Commission Minutes
June 27, 1995
Page 7
6.
THAT COMMERCIAL ASPHALT CO. BE ALLOWED TO USE BAGHOUSE FINES IN
THEIR OPERATIONS.
7. THAT THE NATURAL VEGETATION BETWEEN THE ASPHALT PLANT AND
HIGHWAY 169 BE LEFT TO ACT AS SCREENING.
8. THAT DURING DRY PERIODS THE SITE MUST BE WATERED TO AVOID DUST.
9. THAT COMMERCIAL ASPHALT CO. REIMBURSE THE CITY FOR THE COST OF
REVIEWING THEIR PROPOSAL. THAT THE CITY HAS THE RIGHT TO CLOSE THIS
OPERATION DOWN IF THERE IS IMMINENT DANGER AND THAT CITY STAFF
HAS THE RIGHT TO INSPECT THE PREMISES AT ANY REASONABLE HOUR
FOLLOWING NOTIFICATION.
10. THAT THE NORMAL HOURS OF OPERATION FOR THE PLANT ARE FROM 7:00
AM TO 7:00 PM, SEVEN DAYS A WEEK. HOWEVER, HOURS CAN BE
EXTENDED FOR SPECIAL CASES BY THE BUILDING AND ZONING
ADMINISTRATOR AS LONG AS THE ADDITIONAL HOURS DO NOT CREATE A
NUISANCE FOR SURROUNDING RESIDENCES. FURTHER MPCA NOISE LEVELS
MUST BE ADHERED TO AT ALL TIMES DURING THE OPERATION OF THIS PLANT.
11. THAT THE BAGHOUSE IS TESTED ONCE PER MONTH FOR LEAKS DURING THE
OPERATING SEASON AND THE RESULTS OF THOSE TESTS ARE COPIED TO THE
CITY.
12.
THAT THIS CONDITIONAL USE PERMIT BE REVIEWED IN TWO YEARS AND A
NEW PERMIT BE OBTAINED AT THAT TIME.
13. THAT STOCKPILES OF RECYCLABLE MATERIALS NOT BE PLACED IN SURFACE
WATER AND FURTHER THAT RUN-OFF FROM THESE STOCKPILES IS DIRECTED
AWAY FROM ANY SURFACE WATER. THAT THE SIZE OF THE STOCKPILES BE
LIMITED TO THE AMOUNT OF MATERIAL THAT COULD POSSIBLY BE USED IN
ONE YEAR, BUT NOT NECESSARILY TO WHAT WILL BE USED IN ANY ONE
GIVEN YEAR. FURTHER, THAT THE CITY UNDERSTANDS WITH THIS
STIPULATION THAT SOME RECYCLABLE MATERIALS WILL BE RETAINED OVER
THE WINTER SO THAT RECYCLING CAN START AT THE SAME TIME AS SPRING
START UP FOR THE ASPHALT PLANT.
14. THAT COMMERCIAL ASPHALT CO. CONTINUE TO WORK WITH CITY STAFF TO
RESOLVE PROBLEMS WITH NOISE IF THEY ARISE.
15. THAT COMMERCIAL ASPHALT CO. CONTINUE TO WORK WITH CITY STAFF TO
ELIMINATE SEDIMENT FROM BEING INTRODUCED TO THE POND ON THE EAST
SIDE OF HIGHWAY 169.
16. THAT COMMERCIAL ASPHALT CO. REDUCE ODOR FROM THEIR PLANT TO
ACCEPTABLE LEVELS.
17. THAT ALL CONDITIONS OF THE 1994 CONDITIONAL USE PERMIT BE APPLIED
TO THIS RENEWAL.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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Planning Commission Minutes
June 27, 1995
Page 8
staff report by steve Ach. Ken Beaudry is requesting a conditional use permit to
construct a car wash facility along with an additional 4.700 square feet of
commercial space. The subject property is located in the northeast corner of
Proctor and Highway 10, immediately north of the existing Beaudry Express
convenience and gas station. Steve highlighted information regarding the
request as presented in the staff report, regarding parking and circulation,
landscaping, pedestrian circulation, grading and drainage, building elevations,
signage and the proposed car wash and fast food restaurant. Staff
recommended approval of the request with the conditions stated in the memo.
Chair Kuester opened the public hearing.
Warren Hudson, 1154 6th street, expressed his support for the project and
complimented Mr. Beaudry on his existing operation which is located adjacent
to his home.
Barb Maricle, 1234 6th Street, expressed her concern that the traffic will increase
at Proctor and Highway 10 because of this project.
Judy Gesch, resident on 191 st, expressed her concern that a signal is needed at
Proctor and County Road 1. Also there is confusion at the intersection
regarding the turning lanes.
Terry Maurer, City Engineer, stated that Sherburne County is planning to expand
County Road No. 1 to four lanes and is also considering to signalize the
intersection of Proctor and County Road 1.
Chair Kuester closed the public hearing.
Discussion followed regarding the driveway locations and widths, and sidewalks.
Ken Beaudry stated that he did not have a problem with any of staff's
recommendations and was confident all issues could be resolved.
COMMISSIONER DILLON MOVED THAT THE PLANNING COMMISSION RECOMMEND
APPROVAL OF THE REQUEST BY KEN BEAUDRY FOR A CONDITIONAL USE PERMIT,
PUBLIC HEARING CASE NO. CU 95-10, BASED ON STAFF'S REPORT, PUBLIC
HEARING, AND INFORMATION SUPPLIED BY THE APPLICANT, WITH THE FOLLOWING
CONDITIONS:
1. ALL THE COMMENTS OUTLINED IN STAFF'S REPORT TO THE PLANNING
COMMISSION DATED JUNE 27, 1995 BE INCORPORATED INTO THE REVISED
SET OF PLANS.
2. ALL COMMENTS OUTLINED IN THE CITY ENGINEER'S MEMO DATED JUNE 21,
1995 ALSO BE INCORPORATED INTO THE REVISED SET OF PLANS.
Planning Commission Minutes
June 27, 1995
Page 9
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3.
FREESTANDING SIGNAGE BE A MONUMENT STYLE AND NOT EXCEED FIFTEEN
(15) FEET IN HEIGHT. EACH TENANT SPACE UTILIZE WALL SIGNAGE
CONSISTING OF INDIVIDUAL LETTERS.
4. FOUR COMPLETE SETS OF PLANS BE SUBMITTED TO STAFF FOR REVIEW
AND APPROVAL PRIOR TO ISSUANCE OF A BUILDING PERMIT.
5. THE PLANS BE REVISED TO IMPROVE TRAFFIC CIRCULATION IN THE DIESEL
PUMP AREA.
6. DELIVERY TRUCKS ASSOCIATED WITH MR. BEAUDRY'S OIL BUSINESS MUST
PARK ACROSS PROCTOR AT THE BULK STORAGE AREA.
7. THE SIDEWALKS SHOWN ON THE SITE PLAN BE MOVED OUT FROM THE
BUILDING TO ALLOW GREEN SPACE BETWEEN THE BUILDING AND SIDEWALK.
COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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Staff report by Gary Schmitz. Mr. Colbath is requesting a conditional use permit
to operate an upholstery business out of his existing home. Equipment
associated with the business is limited to a compressor, industrial sewing
machines, table saw and a band saw. The applicant plans to place the
compressor in the basement and run air lines to the garage to reduce noise, as
well as insulating the garage.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER SULLIVAN MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY JEFF
COLBATH, PUBLIC HEARING CASE NO. CU 95-11, BASED ON INFORMATION IN
STAFF'S REPORT AND THE FACT THERE WAS NO PUBLIC OPPOSITION, AND SUBJECT
TO THE FOLLOWING CONDITIONS:
1. HOURS OF OPERATIONS BE FROM 7 A.M. TO 10 P.M. AS PER CITY CODE.
2. NO EXTERIOR STORAGE RELATED TO THIS BUSINESS SHALL BE ALLOWED,
WITH THE EXCEPTION OF ONE CUSTOMER'S BOAT BEING ALLOWED TO BE
KEPT IN THE DRIVEWAY AT ANY ONE TIME.
3. SIGNAGE BE LIMITED TO TWO SQUARE FEET AND MOUNTED FLAT ON THE
WALL OF THE DWELLING.
4. A MAXIMUM OF ONE FULL TIME EMPLOYEE OR EQUIVALENT, OTHER THAN
THOSE PERSONS WHO CUSTOMARILY RESIDE ON THE PREMISES, SHALL BE
EMPLOYED.
5.
IF VALID COMPLAINTS ARE RECEIVED, THIS ITEM WILL BE BROUGHT BACK
BEFORE THE PLANNING COMMISSION AND CITY COUNCIL FOR REVIEW.
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Planning Commission Minutes
June 27, 1995
Page 10
COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Staff report by Gary Schmitz. Bill Dickenson is requesting a conditional use
permit to add additional parking area and drive aisle area near the front of
the site where his bus terminal is located. The primary reason for the request is
to provide more warming area for the buses.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY BILL
DICKENSON, PUBLIC HEARING CASE NO. CU 95-12, BASED ON THE INFORMATION
IN STAFF'S MEMO DATED 6/27/95, THE FACT THERE WAS NO PUBLIC OPPOSITION,
SUBJECT TO THE FOLLOWING CONDITIONS:
1. THE COMMENTS IN THE CITY ENGINEER'S MEMO DATED 6/22/95 BE
INCORPORATED INTO THE REVISED SITE PLAN.
2. THE NEW PARKING AREA BE OVERLAID WITH A BITUMINOUS SURFACE AND
BE BOUND BY CONCRETE CURB AND GUTTER.
3.
THE NEWLY PAVED AREAS SHALL BE USED AS TEMPORARY WARMING AREAS
AND NOT BE USED FOR OVERNIGHT PARKING OF BUSES OR EXTENDED BUS
STORAGE.
COMMISSIONER DILLON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
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Staff report by Gary Schmitz. Allan Hanse is requesting a 25 foot front yard
setback from the required 50 foot setback from the Vernon Street right-of-way,
to accommodate a detached, 22 x 28 ft. (616 square foot) garage. The site is
3.7 acres in size and is located in the Greenhead Acres 3rd Addition. The
applicant has chosen the proposed site, due to the topography of the lot and
his desire to save as many trees as possible.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
Discussion followed regarding other options for locating the detached garage.
Commissioner Dillon expressed concern that the Planning Commission should
not be too free in granting variances.
COMMISSIONER THOMPSON MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY ALLAN HANSE, PUBLIC
HEARING CASE NO. V 95-5, BASED ON THE FOLLOWING FINDINGS, AND ALSO THE
FACT THAT THERE WAS NO OPPOSITION DURING THE PUBLIC HEARING:
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Planning Commission Minutes
June 27, 1995
Page 11
1)
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE
HARDSHIP BY THE FACT THAT APPLYING THE EXISTING 50' SETBACK
STANDARD WOULD REQUIRE THE LOSS OF SEVERAL MATURE OAK TREES OR
THE PLACEMENT OF THE GARAGE IN AN INCONVENIENT AREA ON THE REAR
OF THE PARCEL AWAY FROM THE EXISTING HOME.
2) THE INTENT OF THE A-1 SETBACK STANDARDS ARE FOR A 10 ACRE MINIMUM
LOT SIZE. THE LOTS IN THE GREENHEAD ACRES 3RD ADDITION RANGE IN
SIZE BETWEEN 2 ACRES TO 8 ACRES MAKING IT DIFFICULT IN CERTAIN
SITUATIONS TO MEET ALL THE SETBACK REQUIREMENTS.
3) HARDSHIP IS CAUSED BY THE TOPOGRAPHY OF THE SITE WHICH MAKES IT
DIFFICULT TO CONSTRUCT A GARAGE AT THE SETBACK LINE DUE TO THE
DROP OFF WHICH WOULD NECESSITATE THE NEED FOR EXTENSIVE FILL AND
THE LOSS OF SEVERAL MATURE OAK TREES.
4) THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY AND
WELFARE OF THE NEIGHBORHOOD AND IS IN KEEPING WITH THE SPIRIT AND
INTENT OF THE ORDINANCE.
COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 5-1.
COMMISSIONER DILLON OPPOSED.
Commissioner Minton stated that he voted in favor of the variance in order to
preserve the trees.
Staff report by Steve Ach.
Bob and Karen Dare are requesting a conditional use permit to expand their
existing funeral business.
Chair Kuester opened the public hearing.
Mike Wallin, 817 Main Street, questioned how the proposed future parking plan
would affect his property. Steve Ach explained that the applicant prepared a
"concept" for a future parking area, if the property were available.
Chair Kuester closed the public hearing.
COMMISSIONER SULLIVAN MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE REQUEST FOR A CONDITIONAL USE PERMIT BY
BOB AND KAREN DARE, PUBLIC HEARING CASE NO. CU 95-14, BASED ON THE
INFORMATION IN STAFF'S MEMO, THE FACT THAT THERE WAS NO OPPOSITION
DURING THE PUBLIC HEARING, AND BASED ON THE FOLLOWING CONDITIONS:
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Planning Commission Minutes
June 27, 1995
Page 12
COMMENTS OUTLINED IN STAFF'S MEMO TO THE PLANNING COMMISSION -
DATED JUNE 27, 1995, AS WELL AS COMMENTS CONTAINED IN THE CITY
ENGINEER'S MEMO DATED JUNE 22, 1995.
2. PRIOR TO ISSUANCE OF A BUILDING PERMIT, FOUR COMPLETE SETS OF
PLANS BE PROVIDED FOR REVIEW AND APPROVAL BY CITY STAFF.
1.
COMMISSIONER MINTON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Staff report by Steve Ach. A brief overview of issues associated with trail
construction within residential development was presented to the Commission.
Steve Ach presented options for the Commission to consider to better handle
trails and their construction within developments.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF THE AMENDMENTS TO THE SUBDIVISION ORDINANCE,
PUBLIC HEARING CASE NO. OA 94-7, SECTION 1008.00 - 1008.08. COMMISSIONER
THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER TACHENY MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF AMENDMENTS TO THE SUBDIVISION ORDINANCE,
SECTION 1008.10 - 1008.14., WITH THE CHANGE ON PAGE 10.32 REGARDING CUL-
DE-SACS AS NOTED. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
COMMISSIONER THOMPSON MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF AMENDMENTS TO THE SUBDIVISION ORDINANCE,
SECTION 1008.16 - 1008.34, WITH THE CHANGE ON PAGE 10.43 REGARDING
SIDEWALKS AS NOTED, AND WITH THE RECOMMENDATION THAT THE PARK
DEDICATION SECTION BE AMENDED TO REQUIRE DEVELOPERS TO INSTALL REQUIRED
TRAILS. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
Staff report by Gary Schmitz. The City of Elk River is requesting an ordinance
amendment which would amend Section 900.12, "Permitted, Accessory, and
Conditional Uses by District". The amendment would include changing
screened outdoor storage areas from a permitted use to a conditional use in
both the 1-1 (Light Industrial) and 1-2 (Medium Industrial) zoning districts. The
amendment would also require outdoor storage areas to be accessory to a
principle use.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
.
.
.
Planning Commission Minutes
June 27, 1995
Page 13
COMMISSIONER MINTON MOVED THAT THE PLANNING COMMISSION
RECOMMEND APPROVAL OF ORDINANCE 95 - _, PUBLIC HEARING CASE NO.
OA 95-7. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION
CARRIED 6-0.
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Staff report by Steve Ach.
Chair Kuester opened the public hearing. There being no comments from the
public, Chair Kuester closed the public hearing.
COMMISSIONER THOMPSON MOVED TO RECOMMEND APPROVAL OF
AMENDMENTS TO THE CITY'S PLANNED UNIT DEVELOPMENT ORDINANCE, PUBLIC
HEARING CASE NO. OA 95-6. COMMISSIONER TACHENY SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
6.1 . BudQet
Information item.
6.2
Setback for Lumber Yards
Commissioner Dillon indicated that issues associated with lumber yards such as
setbacks and screening, can be addressed as part of the conditional use permit
process.
There being no further business, COMMISSIONER THOMPSON MOVED TO
ADJOURN THE MEETING. COMMISSIONER DILLON SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at 10:50 p.m.
Respectfully submitted,
f)dk~
Debbie Kleckner
Planning Secretary