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09-28-1993 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER CITY HALL TUESDAY, SEPTEMBER 28, 1993 Members Present: Chairman Minton, Commissioners Eberley, Kreger, Kuester, spotts and Tveite. Members Absent: None Staff Present: Steven Ach, City Planner; Gary Schmitz, Zoning Assistant; Catherine Schmidt, Recording Secretary 1. Call Meeting to Order 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 Minton. 2. Consider Planning Commission Agenda Steve Ach added discussion regarding the request by Metro Trucking, an update on the Comprehensive Plan, and discussion to schedule a meeting date for the Elk Park Center project. Chairman Minton added discussion regarding the Citizen's League Report. Commissioner spotts added comments regarding the Minnesota Planners Association. COMMISSIONER EBERLEY MOVED TO APPROVE THE 9/29/93 PLANNING COMMISSION AGENDA. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider Planning Commission Minutes COMMISSIONER SPOTTS MOVED TO APPROVE THE 8/24/93 PLANNING COMMISSION MINUTES. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER TVEITE MOVED TO APPROVE THE 6/10/93 PLANNING COMMISSION MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Planning Commission Representative to Attend City Council Meeting It was indicated Commissioner Spotts would attend the 10/18/93 City Council meeting to be held at the Elk River City Hall. 5. Consider a Conditional Use Permit Request by Hearing, Case No. CU 93-29 Marx/Public Betty Staff report presented by Gary Schmitz. The applicant, Betty Marx, requested a conditional use permit to operate a tailoring and craft business out of her home. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Elk River Planning Commission Minutes September 28, 1993 Page 2 . Chairman Minton questioned the hours of operation being as per the staff report. If there was a slight change in hours the applicant would have present her request to the Planning Commission again. Gary suggested staff change the wording in condition number one to contain "as per City Code." COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST FOR A HOME OCCUPATION BY BETTY MARX, CASE NUMBER CU 93-29. THE PROPOSED USE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, OR GENERAL WELFARE OF THE COMMUNITY, IT WILL NOT CAUSE SERIOUS TRAFFIC CONGESTION, IT WILL NOT SERIOUSLY DEPRECIATE SURROUNDING PROPERTY VALUES, IT IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE AND THE COMPREHENSIVE PLAN. PUBLIC HEARING WAS HELD WITH NO OPPOSITION. THE REQUEST MEETS THE SEVEN STANDARDS OF POSITIVE FINDINGS OF FACT. THE FOLLOWING STIPULATIONS HAVE BEEN ADHERED TO: 1. THE HOURS OF OPERATION BE AS PER CITY CODE. 2. NO OTHER EMPLOYEES ARE ALLOWED WITH THIS HOME OCCUPATION. 3. THE APPLICANT MAINTAIN ENOUGH ROOM IN THE DRIVEWAY FOR TWO CUSTOMER VEHICLES AT ALL TIMES DURING OPERATING HOURS. 4. SIGNAGE BE LIMITED TO TWO SQUARE FEET, MOUNTED FLAT ON THE WALL OF THE DWELLING. . 5. THIS USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF TO ENSURE THAT THE INTEGRITY OF THE RESIDENTIAL NEIGHBORHOOD IS MAINTAINED. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Consider a Conditional Use Permit by Michael Larson/Public Hearing, Case No. CU 93-31 Staff report presented by Gary Schmitz. The applicant, Michael Larson, requested a conditional use permit to encroach on the 300 foot setback for a metal skin building and to construct a detached, non-agricultural accessory building exceeding 1,000 sq ft in size. Mr. Schmitz noted that the site plan attached to staff's memo shows a rear line setback of 25 feet, however, Mr. Larson has provided staff with a corrected site plan showing a rear line setback of 50 feet. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. . COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A DETACHED NON-AGRICULTURAL ACCESSORY BUILDING BY MICHAEL LARSON, CASE NO. CU 93-31. THE PROPOSED USE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, OR GENERAL WELFARE OF THE COMMUNITY, IT WILL NOT CAUSE SERIOUS TRAFFIC CONGESTION, IT WILL NOT SERIOUSLY DEPRECIATE SURROUNDING PROPERTY VALUES, IT IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE AND THE COMPREHENSIVE PLAN. PUBLIC HEARING WAS HELD WITH NO OPPOSITION. THE . . . Elk River Planning Commission Minutes September 28, 1993 Page 3 REQUEST MEETS THE SEVEN STANDARDS OF POSITIVE FINDINGS OF FACT. THE FOLLOWING STIPULATION HAS BEEN ADHERED TO: 1. THE COLOR OF THE BUILDING MATCH THE EXTERIOR OF THE HOUSE OR BE OF AN EARTHTONE COLOR. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Consider a Conditional Use Permit Request by Glen Ertel/Public Hearing, Case No. CU 93-27 Staff report presented by Gary Schmitz. The applicant, Glen Ertel, requested a conditional use permit to construct a non-agricultural, 2,280 sq ft metal skin accessory building. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. commissioner spotts asked staff why the applicant has to have staff's permission to purchase the strip of land and have it recorded at the County Recorder's office. Steve Ach explained certificate of exemption from subdivision regulations as it related to this request. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT A NON-AGRICULTURAL METAL SKIN ACCESSORY BUILDING BY GLEN ERTEL, CASE NO. CU 93-27, CITING STAFF'S MEMO AS FINDINGS OF FACT. THE PROPOSED USE IS CONSISTENT WITH THE COMPREHENSIVE PLAN AND ZONING ORDINANCE AND MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT. THE RECOMMENDATION INCLUDES THE FOLLOWING CONDITIONS: 1. THE COLOR OF THE BUILDING MATCH THE EXTERIOR OF THE HOUSE OR BE OF AN EARTHTONE COLOR. 2. THE STRIP OF LAND PURCHASED BY THE APPLICANT BE APPROVED BY STAFF, RECORDED AT SHERBURNE COUNTY, AND ADDED TO MR. ERTEL'S PARCEL. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Consider a Conditional Use Permit Request by Vernon Draxler/Public Hearing, Case No. CU 93-30 Staff report presented by Gary Schmitz. The applicant, Vernon Draxler, requested a conditional use permit to construct an accessory structure 1,176 sq ft in size. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST TO CONSTRUCT AN ACCESSORY STRUCTURE BY VERNON DRAXLER, CASE NO. 93-30. CITING STAFF'S MEMO, THE PROPOSED REQUEST IS CONSISTENT WITH THE SEVEN STANDARDS OF A CONDITIONAL USE PERMIT AND IS SUBJECT TO THE FOLLOWING CONDITION: Elk River Planning Commission Minutes September 28, 1993 Page 4 . 1. THE COLOR AND MATERIAL OF THE ACCESSORY STRUCTURE MATCH THE EXTERIOR OF THE EXISTING HOUSE. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 6-0. 9. Consider a Variance to Side Yard Parking Setback by Dennis Chuba/ Public Hearing, Case No. V 93-07 Staff report presented by Steve Ach. The applicant, Dennis Chuba, requested a variance to the required 10 foot side yard parking setback. The Chuba Company is proposing to construct an office building using a shared parking arrangement between an existing office building and this proposed building. Because the proposed parking area would abut the common property line between the two office buildings, no setback would be maintained and a variance is required. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. Steve Ach explained that there is some congestion along Evans Street and, hopefully, the increased parking from this proposal would alleviate the congestion along Evans. . COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY DENNIS CHUBA, CASE NO. V 93-07. HARDSHIP IS CREATED DUE TO THE PHYSICAL CONDITION OF THE BUILDING DUE TO THE COMMON PROPERTY LINE. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE A CHANGE IN PROJECT DESIGN, WHICH IS NOT DESIRABLE. THE PROPOSED PROJECT IS UNIQUE BECAUSE IT IS BEING DEVELOPED BY THE SAME CONTRACTOR THAT BUILT THE EXISTING OFFICE BUILDING. LITERAL APPLICATION OF PROVISION OF THE ORDINANCE WOULD PREVENT COMPLIMENTING DEVELOPMENTS WITH SHARED PARKING ARRANGEMENTS. THE VARIANCE WILL NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY, AND WELFARE OF NEIGHBORS AND RESIDENTS. THE REQUEST IS IN KEEPING WITH THE SPIRITUAL INTENT OF THE ORDINANCE AND IS IN CONFORMANCE WITH THE COMPREHENSIVE PLAN. THE REQUEST DOES MEET THE FIVE STANDARDS OF VARIANCE. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Consider a Conditional Use Permit Request by John Weicht & Assoc. Along With Plaisted Investments/Public Hearing, Case No. CU 93-32 Staff report presented by Steve Ach. The applicant, John Weicht representing Saxon Motors, requested a conditional use permit to operate an automobile sales lot along with associated automobile repair. . Regarding the conditions in staff's memo, John Weicht stated that currently there were no billboards on the property, the process of obtaining permits from MPCA (MN Pollution Control Agency) is in process, and that there are two areas the applicant would like eliminated from the curb and gutter requirements. Chairman Minton opened the public hearing. Elk River Planning Commission Minutes september 28, 1993 Page S . Don Driesson, 324 Main Street, Elk River, expressed his concern regarding the amount of dirt going into the storm sewer system and the enforcement of such requirements. steve Ach responded regarding the erosion control methods placed on the contractor through the site plan review process. There being no further comments, Chairman Minton closed the public hearing. Commissioner Eberley reminded the Planning Commission that this corridor is an entry point to the City and that final landscaping plans should enhance the image of the community. Mr. Driesson's comments regarding the enforcement of best management practices should be of concern to the City. Discussion ensued among the Planning Commissioners. commissioner Eberley requested staff address best management practices in future recommendations and enforce the ordinance to ensure proper erosion control and safety measures are being adhered to. Chairman Minton addressed Mr. Weicht regarding the incomplete submitted to City Engineer, Terry Maurer, noting that minor issues not completed in addition to major issues being incomplete (note numbers 2, 4, S.d, 6, 9, and 10 on Terry Maurer's memo). plan were item . commissioner Tveite noted the street name listed incorrectly on the site plan - Zane street should be listed as Yale Street. COMMISSIONER SPOTTS MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO OPERATE AN AUTOMOBILE SALES LOT AND ASSOCIATED AUTOMOBILE REPAIR BY JOHN WEICHT & ASSOCIATES ALONG WITH PLAISTED INVESTMENTS, CASE NO. CU 93-32. THE PROPOSED USE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, OR GENERAL WELFARE OF THE COMMUNITY, IT WILL NOT CAUSE SERIOUS TRAFFIC CONGESTION, IT WILL NOT SERIOUSLY DEPRECIATE SURROUNDING PROPERTY VALUES, IT IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE AND THE COMPREHENSIVE PLAN. PUBLIC HEARING WAS HELD WITH NO OPPOSITION. THE REQUEST DOES MEET THE SEVEN STANDARDS OF POSITIVE FINDINGS OF FACT. THE FOLLOWING STIPULATIONS HAVE BEEN ADHERED TO: 1. THE DETAILS OF A SITE, LANDSCAPING AND GRADING PLAN BE REVISED AND APPROVED BY STAFF PRIOR TO CITY COUNCIL MEETING AND PRIOR ISSUING A BUILDING PERMIT. REVISIONS SHOULD ADDRESS CONCERNS BROUGHT UP BY THE CITY ENGINEER AND PLANNING COMMISSION. BEST MANAGEMENT PRACTICES MUST BE FOLLOWED. 2. ALL BILLBOARDS BE REMOVED FROM THE PROPERTY PRIOR TO ISSUANCE OF A BUILDING PERMIT. 3. APPROPRIATE PERMITS FROM MINNESOTA POLLUTION CONTROL AGENCY BE OBTAINED FOR INSTALLATION AND INSPECTION OF ON-SITE SEPTIC SYSTEM. . 4. PARKING AREA ADJACENT TO HIGHWAY 10 BE REDESIGNED TO INCREASE LANDSCAPED AREA AND WILL IMPROVE THE IMAGE ALONG THE HIGHWAY 10 Elk River Planning Commission Minutes September 28, 1993 Page 6 . CORRIDOR BY INCLUDING A COMBINATION OF OVERS TORY TREES AND UNDERSTORY SHRUBS. 5. ALL GRADING WITHIN MNDOT RIGHT-OF-WAY REQUIRES A PERMIT. 6. ENTIRE PARKING AND DRIVEWAY AREA BE BOUNDED BY CONCRETE CURB AND GUTTER AND/OR LANDSCAPE BERM AS NEEDED AND DETERMINED BY STAFF. 7. LOT 4 THROUGH LOT 8, BLOCK 1, THE CROSSROADS BE COMBINED INTO ONE PARCEL. 8. DRAINAGE AND UTILITY EASEMENTS BETWEEN LOTS 5, 6, 7, AND 8, BLOCK 1, BE VACATED. 9. GRADING WITHIN TREE AREA BE MINIMIZED TO PROTECT AS MANY TREES AS POSSIBLE. 10. A TREE PROTECTION PLAN BE SUBMITTED FOR REVIEW AND APPROVAL PRIOR TO GRADING AND ISSUANCE OF BUILDING PERMIT. 11. NO DISPLAY OF VEHICLES ON LANDSCAPED AREAS. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 11. Code Amendment for Zero Lot Line Developments . Staff report presented by Steve Ach. Zero lot line developments are currently allowed in all multi-family districts, C2 and C3 zoning districts. The proposed amendment would also include zero lot line developments in both light and medium industrial zoning districts. In addition, the current provisions for allowing a zero lot line development would be moved from the section entitled "Yard Regulations" and listed as conditional uses in each of the appropriate zoning district text. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE CODE AMENDMENT FOR ZERO LOT LINE DEVELOPMENTS, CITING STAFF'S MEMO DATED SEPTEMBER 28, 1993. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 12. Other Business Steve Ach updated the Planning Commission regarding the request by Metro Truck. Metro Truck has not made a decision on how to propose this request to the Planning Commission, therefore, staff has not scheduled this request for Planning Commission review. . Steve Ach updated the Planning Commission regarding the Comprehensive Plan - work on the plan will begin soon. Commissioner Kreger suggested the Planning Commission review ideas and comments at the next Planning Commission Workshop. . . . Elk River Planning Commission Minutes September 28, 1993 Page 7 Chairman Minton discussed the Citizens League Report brought up a few suggestions to the Planning Commission: Page 8, Pedestrian Traffic; Page 11, Intermobi1e Transportation. Perhaps these concerns would be better addressed in the Comprehensive Plan. It was suggested that studies conducted include all modes of traffic, i.e., pedestrians, bikes, automobiles, etc., and to review these ideas with the City Engineer. Chairman Minton discussed the necessity of complete site plans for Planning Commission review and requested staff get more details. Commissioner spotts discussed the MN Planners Association Conference he recently attended. He stated he was disappointed with the attendance at the conference, however, there were good sessions including a session regarding historic preservation. Commissioner Kuester requested clarification of the practice of visiting neighboring Planning Commission meetings. Discussion ensued and the following was determined: county meetings: Commissioners Eberley and Kreger, Zimmerman meetings: Commissioners Kreger and Eberley, Otesgo meetings: Commissioners Tveite and Kuester, and Big Lake meetings: Commissioners spotts and Tveite. Steve Ach announced that the City Council accepted the resignation of Commissioner Robert Emerson, and appointed James Tachney as the new Planning Commissioner. A welcome was extended to Commissioner Tachney. 13. Adjournment There being no further business, COMMISSIONER TVEITE MOVED THE MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. CARRIED 6-0. TO ADJOURN THE MOTION The meeting of the Elk River Planning commission adjourned at approximately 9:30 p.m. Respectfully submitted, {!dlhj}~ YYJ. ichr>l/J;6 Catherine M. Schmidt Recording Secretary