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10-25-1994 PC MIN J:/NItL . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 25, 1994 Members Present: Chairman Tveite, Commissioners Eberley, Kuester, Minton, and Thompson. Members Absent: Commissioners Kreger and Tacheny Staff Present: Gary Schmitz, Planning Assistant, Troy Langer, Planning Intern, 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 Chairman Tveite. . Commissioner Kuester requested that Item 6.1. - Report on State Planning Conference, and Item 6.2. - Report on Shiely Trip, be added to the October 25, 1995 Planning Commission agenda. COMMISSIONER MINTON MOVED TO APPROVE THE OCTOBER 25, 1994 PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. COMMISSIONER MINTON MOVED TO APPROVE THE SEPTEMBER 28, 1994 PLANNING COMMISSION MINUTES. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. COMMISSIONER EBERLEY ABSTAINED BECAUSE SHE DID NOT ATTEND THE SEPTEMBER 28, 1994 MEETING. ....."........."........".............."............"""...................................................................................",......... 4.i=HdI"1HiHdCol1"1missidHReol'esel"mMiYefOAHeHdciWC00HCilMeetlhQ It was indicated Commissioner Kuester would attend the November 21, 1994 City Council meeting to be held at Elk River City Hall. 5>1. ........".......",......."".....................-.-..............-,.",...................----.....--...-..,---.--.........""...............",.."",..... C6nSidel'V'dddHce IMduesfbv Hdl'leV Mdl'ohn,pl./bliC Hedl'ih Q,CdseNo.V9..i42 . Staff report presented by Troy Langer. Mr. Marohn is requesting a thirty-two (32) foot variance from the fifty (50) foot shoreland setback requirements. Mr. Marohn is proposing to build a twenty-six (26) foot by thirty (30) foot garage. Currently, there is not a garage or accessory structure located on the lot. The property is located along Lake Orono on a private drive that begins at the end of 5th Street. Staff has received a recommendation from the DNR for approval, with the Planning Commission Minutes October 25, 1994 /:/ "'it!.. Page 2 . condition that the garage be located a minimum of twenty-five (25) feet from the ordinary high water mark. Chairman Tveite opened the public hearing. Chairman Tveite noted that a letter was received from a neighbor, Francis Vassar, stating that she is in favor of the garage, but had a concern that her view of the lake would be obstructed by a garage in the proposed location. There being no comments from the public, Chairman Tveite closed the public hearing. Commissioner Minton questioned whether or not the fifty (50) foot shoreline setback requirement was in force when Mr. Marohn purchased the property. Gary Schmitz stated that the shoreland rules were established in the mid to late 70's. He stated that Mr. Marohn's home was likely built before that time. Planning Commission discussion included: changing the location of the proposed garage to accommodate the twenty-five (25) foot setback, and the affect on existing trees on the property. . COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY HARLEY MAROHN, PUBLIC HEARING, CASE NO. V 94-12, FOR A TWENTY-FIVE (25) FOOT VARIANCE FROM THE SHORELAND SETBACK REQUIREMENT FROM THE ORDINARY HIGH WATER MARK TO CONSTRUCT A TWENTY-SIX (26) FOOT BY THIRTY (30) FOOT GARAGE, CITING STAFF'S MEMO AS FINDINGS OF FACT, AND THE DNR'S VERBAL RECOMMENDATION FOR APPROVAL. APPROVAL IS RECOMMENDED FOR THE FOLLOWING REASONS: 1. LITERAL ENFORCEMENT OF THE CODE CREATES AN UNDUE HARDSHIP ON THE PROPERTY OWNER BY PREVENTING THE CONSTRUCTION OF THE GARAGE. 2. THE HARDSHIP IS CAUSED BY THE UNIQUE SHAPE OF THE LOT. 3. LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PROPERTY OWNER OF THE ABILITY TO CONSTRUCT A GARAGE. OTHER PROPERTY OWNERS IN THE IMMEDIATE AREA ENJOY SIMILAR ABILITY TO OWN A GARAGE. 4. THE APPLICANT IS NOT RESPONSIBLE FOR THE UNIQUE SHAPE OF THE LOT. 5. THE CONSTRUCTION OF THE GARAGE WOULD NOT AFFECT THE HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE CITY OF ELK RIVER. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. ........"""..........."................................................."""........,-..........-.---.-.----...................."..........."'......."...... .,5.:2........ .. Q()l1sjder...a....Zone...t:h(JHge....R~gl.l~$f....6y....fH~....Qity.of.elKRiver..for...$qHdQiper..Esfafes. bHdSdhdbioeHEsfdfes2HdAaamBH'Fh..JbliCHeddHQ,GaseNb..itG94--12...... ...... ... .. . Staff report by Gary Schmitz. The City of Elk River is requesting to rezone Sandpiper Estates and Sandpiper Estates 2nd Addition from R 1 c (Single Family Residential) to R 1 b (Single Family Residential). The rezoning is a result of City Council adoption of Resolution 94-91 on September 19,1994, which amended the Planning Commission Minutes October 25, 1994 J:1N4( Page 3 . Western Area Phase II Improvement Project, deleting Sandpiper Estates and Sandpiper Estates 2nd Addition at this time from the extension and assessment of city utilities. The rezoning to R 1 b would better reflect large lot, non-city sewered residential parcels. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. Commissioner Minton questioned whether or not it would be necessary to rezone the Sandpiper Additions if there was need in the future to extend city sewer and water into the area. Gary Schmitz stated that would not be necessary, as the R 1 b Zoning District does allow city-sewered parcels with a 12,000 square foot minimum lot size. Chair Tveite stated that he was uncomfortable with rezoning to meet an existing use and the potential for setting a precedent. Commissioner Eberley expressed her agreement with Chair Tveite's concern. Discussion followed regarding Item No. 1 of the findings. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER TO REZONE SANDPIPER ESTATES AND SANDPIPER ESTATES 2ND ADDITION FROM R1C TO R1B, PUBLIC HEARING, CASE NO. ZC 94-12, BASED ON THE PREVIOUS PUBLIC HEARINGS ON THIS MATTER, AND BASED ON THE FOLLOWING FINDINGS: . 1. REZONING THE PROPERTY TO R1 B WILL NOT COMPROMISE THE INTEGRITY OF THE PROPOSED LAND USES. 2. THE R1 B ZONING DESIGNATION ALLOWS FOR ONE ACRE NON-SEWERED RESIDENTIAL PARCELS TO EXIST UNTIL THE TIME THAT SEWER AND WATER IS EXTENDED TO THE SUBDIVISION. 3. DELETING SANDPIPER ESTATES AND SANDPIPER ESTATES 2ND ADDITION FROM THE WESTERN AREA PHASE II IMPROVEMENTS IS A CHANGE IN CONDITIONS WHICH WARRANTS THE REZONING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 5-0. ,5,3( Gorl1iia~rdLqrl~qs~qrn~ndmenFaHdz6negBqng~R~g0~~tt?~q;9lJf1ti~igg~ Pdrtf')ershib,PUbliCHebril"ld'edseNo.tUA94~80l'1dCaseNo/ZC94413 COMMISSIONER EBERLEY MOVED TO CONTINUE THIS ITEM TO THE NOVEMBER 22, 1994 PLANNING COMMISSION MEETING, PUBLIC HEARING 7:00 P.M., PER THE REQUEST OF THE PETITIONER . COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. ..................."..-....."'.....-------.---.".,...-------.....-----------.........---........."...........................--.-...-.........-.-..-.................,',','............. ',.,'....,............' ',...... ..... 5.4(<CoI"lSjd~tdn()rainar1qeArl1enarnenttoJ\rl1en~\lqriouSS!9<#i9~S()ftheZoni8~ .f8~~s86bfh~~~~Bffig=:f~if!u~li<?f-Ie(Jririq,99~~N9.9J\?~,,5J~q€)€}rlirlP9rl~ . Staff report by Troy Langer. Reviewed the requested changes made in the ordinance. Planning Commission Minutes October 25, 1994 Page 4 J:/NJtI.. . Chair Tveite opened the public hearing. Earl Hohlen, 39 Main Street, Elk River, requested clarification of the proposed changes in the ordinance. Commissioner Eberely complimented staff on work done on the ordinance. Planning Commission discussion included: Defining "double-fronted residential lot", reasons for requiring a landscaping plan, the performance guarantee, the potential for creating a hardship on a property owner. Gary Schmitz clarified that there are basic general requirements for the average homeowner, however, the majority of the specific items in the proposed ordinance are for commercial, industrial, and multi-family property. There being no other comments from the public, Chair Tveite closed the public hearing. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE AMENDMENTS TO SECTION 900.30 (REGULATIONS ON SCREENING, LANDSCAPING, LIGHTING, STORAGE AND OUTDOOR DISPLAY), PUBLIC HEARING, CASE NO. OA 94- 5, AS A RESULT OF PUBLIC HEARINGS AND DISCUSSIONS HELD ON THIS MATTER, WITH THE ADDITION OF A DEFINITION FOR A DOUBLE-FRONTED LOT. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. . Commissioner Thompson stated that she attended workshops on conflict management and planning for trails and storm water. Commissioner Kuester stated that she attended workshops on the following: gun shop ordinances, adult-oriented businesses, infectious waste ordinances, pawn shops, water retention ponds, wetland management. It was suggested that a topic for the next local planning conference may be groundwater preservation. Commissioner Kuester provided information regarding the trip to the Shiely mine located on an island in the middle of the Mississippi River. There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Planning Commission adjourned at approximately 8:15 p.m. . R:(~Ctf~"Y SUbmitf~d. 'i'.' .. )' h e/JbLe rSfi--elJ4'LIU Planning Commission Minutes October 25, 1994 Page 5 . Debbie Kleckner, Recording Secretary . . ~N41..