07-26-1994 PC MIN
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MEETING OF THE ELK RIVER PLANNING COMMISSION
HELD AT ELK RIVER CITY HALL
TUESDAY, JULY 26,1994
Members Present:
Chairman Tveite, Commissioners Eberley, Kreger, Kuester, Minton,
and Tacheny.
Members Absent:
None
Staff Present:
Steven B. Ach, City Planner, Gary Schmitz, Planning Assistant,
Troy Langer, Planning Intern, Peter Beck, City Attorney, and
Catherine Schmidt, 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 Chairman Tveite.
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Steve Ach added discussion concerning MPA dues, cable TV, and candidates for
the open position of Planning Commissioner. Chairman Tveite added discussion
regarding the State MPA Conference.
COMMISSIONER MINTON MOVED TO APPROVE THE AMENDED 7/26/94 PLANNING
COMMISSION AGENDA. COMMISSIONER KUESTER SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
Commissioner Kreger noted a correction to be made on page 3, condition
number 15 be change to read "REAR DOOR ON JR TECH'S BUSINESS REMAIN
CLOSED DURING NORMAL BUSINESS HOURS EXCEPT FOR MOVEMENT OF VEHICLES
IN AND OUT" and condition number 16 be changed to read "THE DEVELOPER
CONSIDER MOVING MR. MOVIES TO THE SOUTH AND REAPPORTIONING THE
GREENSPACE TO THE NORTH." COMMISSIONER MINTON MOVED TO APPROVE THE
6/21/94 PLANNING COMMISSION MINUTES. COMMISSIONER KUESTER SECONDED
THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER KREGER MOVED TO APPROVED THE 6/28/94 PLANNING
COMMISSION MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE
MOTION CARRIED 6-0.
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It was indicated Commissioner Tacheny would attend the 8/1 /94 City Council
meeting and Commissioner Eberley would attend the 8/15/94 City Council
meeting; both held at Elk River City Hall.
Planning Commission Minutes
July 26, 1994
Page 2
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Consider a Conditional Use Permit by Paul 8< Diane Bohl. Public R_tina. Case No. '~I
eu 94~25 l!!/
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5.1
Staff report presented by Troy Langer. Paul and Diane Behl requested a
conditional use permit to operate a home occupation for a hair salon from their
current residence. Mr. Behl is proposing to add a twenty-four (24) foot by twenty
(20) foot addition (480 square feet) onto the current house.
Mr. Behl stated they may reduce the size of the addition to approximately
twenty-one (21) feet by twenty-one (21) feet. Mr. Behl also questioned the
building requirements for a handicap bath. Chairman Tveite explained that the
building department could answer Mr. Behl's questions regarding building code.
Chairman Tveite opened the public hearing. There being no comments from the
public, Chairman Tveite closed the public hearing.
Discussion by the Planning Commissioners included: 1) Condition #6 regarding
"immediate" review. Steve Ach responded. 2) Condition # 1 regarding one
employee and if the term "employee" accurately describes the intent of the
ordinance. Peter Beck responded. 3) Terminology regarding "renting" a chair in
a salon. Diane Behl responded.
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COMMISSIONER KREGER MOVED TO RECOMMENDED APPROVAL OF THE
CONDITIONAL USE PERMIT REQUEST BY PAUL AND DIANE BEHL TO OPERATE A HAIR
SALON AT 18198 OGDEN STREET, CASE NO. CU 94-25, CITING STAFF'S MEMO AS
FINDING OF FACT. A PUBLIC HEARING WAS HELD WITH NO OPPOSITION. APPROVAL
IS RECOMMENDED WITH THE FOLLOWING CONDITIONS:
1. ONE FULL TIME PERSON (OR THE EQUIVALENT) BE ALLOWED TO WORK IN THE
HOME OCCUPATION.
2. HOURS OF OPERATION BE AS PER CITY CODE.
3. NO EXTERIOR STORAGE RELATED TO THIS BUSINESS SHALL BE ALLOWED.
4. SIGNAGE BE LIMITED TO TWO SQUARE FEET AND ATTACHED TO THE
DWELLING.
5. THE USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF TO ENSURE THE
INTEGRITY OF THE RESIDENTIAL NEIGHBORHOOD IS MAINTAINED.
6. IF STAFF RECEIVES COMPLAINTS REGARDING THIS USE, THE USE MAY BE
SUBJECT TO IMMEDIATE REVIEW.
7. THE NEW ADDITION MEET ALL CITY BUILDING CODE REQUIREMENTS AND CITY
CODE PERFORMANCE STANDARDS.
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COMMISSIONER MINTON SECONDED THE MOTION. Commissioner Kuester
questioned the terminology change in condition # 1 . Discussion ensued.
Condition # 1 was changed to read:
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Planning Commission Minutes Page 3
July 26, 1994 Jf~
--~~-:::::~NAL PERSON BE ALLOWED TO WORK WITH THE AP~lc:~@ffll
IN THE HOME OCCUPATION. COMMISSIONERS MINTON AND KREGER
APPROVED OF THE AMENDMENT TO CONDITION #1. THE MOTION CARRIED
4-2, Commissioners Eberley and Kuester voted against the motion.
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Staff report presented by Steve Ach. Country Ridge Partnership requested to
amend the Comprehensive Land Use Plan from LI (Light Industrial) to MR (Medium
Density Residential) and rezone from Rlc (Single Family Residential) and PUD
(Planned Unit Development) to R3 (Townhouse/Multi Family Residential).
Jay Johnson, representing Country Ridge Partnership, addressed the Planning
Commission regarding the developers viewpoint concerning this request. Mr.
Johnson stated they feel this request is well within the intended use as outlined in
the Comprehensive Plan and asked the Planning Commission to render their
recommendation to the City Council at this meeting. Mr. Johnson detailed the
thoughts of the developers and addressed concerns listed in staff's report.
Chairman Tveite opened the public hearing. There being no comments from the
public, Chairman Tveite closed the public hearing.
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Discussion by the Planning Commission included: 1) time frame for the proposed
project, comprehensive land use plan update, and the current zoning and
underlying land use. Steve Ach responded and Peter Beck clarified issues for the
Planning Commission and the public.
COMMISSIONER KREGER MOVED TO RECOMMEND THE COMPREHENSIVE LAND USE
PLAN AMENDMENT REQUEST BY COUNTRY RIDGE PARTNERSHIP WAS NOT
NECESSARY, PUBLIC HEARING, CASE NO. LUA 94-06. COMMISSIONER EBERLEY
SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER KREGER MOVED TO RECOMMEND DENIAL OF THE ZONE CHANGE
REQUEST BY COUNTRY RIDGE PARTNERSHIP, PUBLIC HEARING, CASE NO. ZC 94-08.
Commissioner Kreger encouraged the applicant to return to the Planning
Commission with a conditional use permit request and preliminary plat for a
planned unit development. If the applicant did return to the Planning
Commission with the suggested proposal. the Planning Commission would
recommend to the City Council that the application fee for a rezoning to
planned unit development be waived, however, the applicant would have to
pay the fees incurred for a conditional use permit application. COMMISSIONER
EBERLEY SECONDED THE MOTION.
Further discussion ensued regarding the recommendation to the City Council.
Peter Beck clarified the options available to the Planning Commission. THE
MOTION CARRIED 6-0.
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Planning Commission Minutes Pfje 4
July 26. 1994 I1!IIt
--:-=~r::~y Gary Schmilz. L & W Umited Uabilily company"lYtlilJ
requested a conditional use permit to operate an auto body repair and auto- I[;I!!J
truck frame repair from the existing Cody Square Building.
Tom Wistrom, a partner of L & W Limited Liability Company, agreed with staff's
report and further stated that repair would be on passenger vehicles only, not
heavy equipment.
Chairman Tveite opened the public hearing. There being no comments from the
public, Chairman Tveite closed the public hearing.
COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF A CONDITIONAL
USE PERMIT REQUEST BY L & W LIMITED LIABILITY COMPANY TO OPERATE AN AUTO
BODY REPAIR AND AUTO-TRUCK FRAME REPAIR FROM THE EXISTING CODY SQUARE
BUILDING, PUBLIC HEARING, CASE NO. CU 94-27, CITING STAFF'S MEMO AS FINDING
OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS:
1. ALL GROUND AREAS NOT DEVOTED TO BUILDING OR BITUMINOUS SURFACE
BE PLANTED WITH SOD TO MINIMIZE EROSION.
2. THE ENTIRE PARKING AND DRIVEWAY AREA BE BOUND BY B612 CONCRETE
CURB AND GUTTER.
3.
THE EXISTING PARKING LOT BE REQUIRED TO MEET THE TEN (10) FOOT
PARKING SETBACK FROM ALL PROPERTY LINES.
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4. THE APPLICANT WORK WITH THE BUILDING OFFICIAL TO ENSURE THE
BUILDING MEETS ALL BUILDING AND FIRE CODES PRIOR TO ISSUING A
BUILDING PERMIT.
5. THE APPLICANT PROVIDE THE CITY WITH AN ACCEPTABLE DRAINAGE AND
GRADING PLAN FOR THE SITE PRIOR TO THE CITY COUNCIL MEETING.
6. THE CHAINLlNK FENCE LOCATED ON THE NORTH SIDE OF THE PARCEL BE
UPGRADED WITH A DURABLE OPAQUE MATERIAL APPROVED BY STAFF.
7. AN UNDERGROUND IRRIGATION SYSTEM BE REQUIRED WITHIN TWO (2) YEARS
OF APPROVAL.
8. PERMITS FROM THE MINNESOTA POLLUTION CONTROL AGENCY BE RECEIVED
PRIOR TO ISSUING A BUILDING PERMIT.
COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0.
The Planning Commission recessed at 9 p.m. Reconvened at approximately 9:05 p.m.
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Staff report presented by Steve Ach. Wendy's International requested a
conditional use permit for site plan review to construct a restaurant facility as part
of the Elk Park Center PUD (Planned Unit Development).
Planning Commission Minutes
July 26, 1994
Page 5
jj'hfJ$) 11
Chairman Tveite opened the public hearing. There being no comments from the ?fYil
public, Chairman Tveite closed the public hearing. .
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Discussion by the Planning Commission included: parking, handicap stalls, trash
enclosures, time frame of the proposed project, utilities, landscaping, driveway,
and trees extending to the end of the parcel.
COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF A CONDITIONAL
USE PERMIT REQUEST BY WENDY'S INTERNATIONAL FOR SITE PLAN REVIEW TO
CONSTRUCT A RESTAURANT FACILITY AS PART OF THE ELK PARK CENTER PUD
(PLANNED UNIT DEVELOPMENT), PUBLIC HEARING, CASE NO. CU 94-28, CITING
STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE
FOLLOWING CONDITIONS:
1. ALL COMMENTS STATED WITHIN THIS MEMO AND INCLUDING TERRY
MAURER'S MEMO DATED JULY 19, 1994, BE INCORPORATED INTO THE
PROPOSED DEVELOPMENT PLANS.
2. ADDITIONAL OVERSTORY TREES BE PROVIDED EXTENDING TO THE NORTHERLY
PROPERTY LINE.
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COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0. The
Planning Commission complimented the applicant and staff on the
completeness of plans and information provided for review.
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Troy Langer informed the Planning Commission that the applicant requested this
item be tabled until the August 23, 1994, Planning Commission meeting.
COMMISSIONER KUESTER MOVED TO TABLE THE VARIANCE REQUEST BY RIVERVIEW
SPORTS UNTIL THE AUGUST 23, 1994, PLANNING COMMISSION MEETING, PUBLIC
HEARING, CASE NO. V 94-08. COMMISSIONER MINTON SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
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Staff report presented by Gary Schmitz. Gramstad Homes requested preliminary
plat to subdivide a 2.73 acre parcel into seven (7) duplexes (fourteen units); a
variance to the minimum lot size for the R3 (Townhouse/Multi Family Residential)
zoning district; and a conditional use permit for a zero lot line development. Mr.
Schmitz noted a correction in staff's memo: Land use was incorrectly noted as HR
(High Density Residential). The correct land use is MR (Medium Density
Residential) .
Harold Gramstad, applicant and developer, briefly addressed the Planning
Commission.
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Chairman Tveite opened the public hearing.
Planning Commission Minutes
July 26, 1994
Lou Ratajczak, 1815 Meadowvale Road, Elk River, expressed
regarding increased noise and traffic from the multi family project.
stated several of his neighbors also expressed similar concerns.
Page 6
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his concerns IJ tIJ
Mr. Ratajczak
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Discussion by the Planning Commission included: tree preservation, a berm along
Meadowvale Road, current R3 zoning standards, park dedication, sedimentation
pond, street lights, and a homeowners association document.
COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE VARIANCE TO
THE MINIMUM LOT SIZE FOR THE R3 (TOWNHOUSE/MULTI FAMILY RESIDENTIAL)
ZONING DISTRICT BY GRAMSTAD HOMES, PUBLIC HEARING, CASE NO. V 94-09,
CITING STAFF'S MEMO AS FINDING OF FACT WITH THE FOLLOWING FINDINGS:
1 . Literal enforcement of the ordinance would cause hardship since the
provisions of the ordinance is maintained because the net average lot
size of 7,670 square feet exceeds the City's minimum standards. In
addition, the hardship is a competitive factor against similarly situated
properties and is a serious error in the ordinance.
2. Reducing the individual lot size does not increase the density of the
development.
3.
The variance will not be injurious or adversely affect the health, safety, or
welfare of the residents of the City or the neighborhood in which the
property is situated and will be keeping with the spirit and intent of the
ordinance.
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COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER MINTON RECOMMENDED APPROVAL OF THE CONDITIONAL USE
PERMIT FOR A ZERO LOT LINE DEVELOPMENT BY GRAMSTAD HOMES, PUBLIC
HEARING, CASE NO. CU 94-23, CITING STAFF'S MEMO AS FINDING OF FACT.
APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITIONS:
1. ALL COMMON WALLS BE CONSTRUCTED TO MEET THE SEPARATION
REQUIREMENTS AS SET FORTH IN THE UNIFORM BUILDING CODE.
2. A LANDSCAPED BERM BE IMPLEMENTED ALONG MEADOWVALE ROAD.
COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0.
COMMISSIONER KUESTER RECOMMENDED APPROVAL OF THE PRELIMINARY PLAT TO
SUBDIVIDE A 2.73 ACRE PARCEL INTO SEVEN (7) DUPLEXES (FOURTEEN UNITS) BY
GRAMSTAD HOMES, PUBLIC HEARING, CASE NO. P 94-09, CITING STAFF'S MEMO AS
FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING
CONDITIONS:
1.
PARK DEDICATION IN THE AMOUNT OF $450 PER LOT BE PAID TO THE CITY
PRIOR TO RECORDING.
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Planning Commission Minutes
July 26, 1994
ge 7
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THE 8" CALIPER TREES LOCATED ALONG MEADOWVALE ROAD BE SAVED
AND INCORPORATED INTO THE SITE PLAN.
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2.
3. SILT FENCING BE USED ALONG THE ENTIRE PERIMETER OF THE WETLAND UNTIL
THE SITE IS PERMANENTLY SODDED OR SEEDED.
4. STORM SEWER CALCULATIONS RECENTLY SUBMITTED BY THE APPLICANT BE
APPROVED BY STAFF PRIOR TO THE CITY COUNCIL MEETING.
5. THE SEDIMENTATION POND LOCATED IN THE CENTRAL PORTION OF THE PLAT
BE FLATTENED TO MEET THE REQUIRED FOUR (4) TO ONE (1) SLOPE.
6. ADDITIONAL SPOT ELEVATIONS ON THE WEST END OF THE SITE NEAR THE
EXISTING BUILDING BE ESTABLISHED TO DETERMINE HOW THE DRAINAGE WILL
BE DIRECTED AWAY FROM THAT PROPERTY.
7. A STORM WATER IMPACT FEE DETERMINED BY THE CITY COUNCIL BE
REQUIRED PRIOR TO RECORDING THE PLAT.
8. THREE STREET LIGHTS ARE REQUIRED AS PART OF THE DEVELOPMENT. ONE AT
EACH ENTRANCE AND A THIRD NEAR THE NORTHERLY SIDE OF THE
DEVELOPMENT.
9. THE CITY ATTORNEY REVIEW THE "ASSOCIATION" DOCUMENTS.
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COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
Steve Ach updated the Planning Commission on several issues and requested
their input: MPA (MN Planning Association) Dues, candidates for the Planning
Commission member opening, and the Planning Commission meetings being
taped and viewed on cable TV.
Commissioner Tveite informed the Planning Commission that the upcoming State
MPA Conference dates are October 5-7, 1994, and asked the Planning
Commission members to let Steve Ach know who would be attending.
There being no further business, COMMISSIONER EBERLEY MOVED TO ADJOURN THE
MEETING. COMMISSIONER TACHENY SECONDED THE MOTION. THE MOTION CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at approximately 10:30 p.m.
Respectfully submitted,
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CaWM;J. )7). ~AfYll/iJ
Catherine M. Schmidt
. Recording Secretary