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11-23-1993 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER CITY HALL TUESDAY, NOVEMBER 23, 1993 Members Present: Chairman Minton, Commissioners Eberley, Kreger, spotts, and Tacheny. Members Absent: Commissioner Kuester (arrived at 7:03 pm) and Tveite (arrived at 8:04 pm) Staff Present: 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 Chairman Minton added discussion regarding Big Lake Planning Commission meetings. COMMISSIONER SPOTTS MOVED TO APPROVE THE COMMISSION AGENDA. COMMISSIONER KREGER MOTION CARRIED 5-0. AMENDED SECONDED 11/23/93 PLANNING THE MOTION. THE 3. Consider Planning Commission Minutes COMMISSIONER EBERLEY MOVED TO APPROVE THE 10/28/93 PLANNING COMMISSION MINUTES. COMMISSIONER KREGER SECONDED THE MOTION. THE MOTION CARRIED 5-0. Commissioner Kuester arrived, 7:04 p.m. 4. Planning Commission Representative to Attend City Council Meeting It was indicated Commissioner Kreger would attend the 12/20/93 City Council meeting to be held at the Elk River City Hall. 5. Consider a Conditional Use Permit Request by Todd Altenweg/Public Hearing, Case No. CU 93-36 Staff report presented by Gary Schmitz. The applicant, Todd Altenweg, 11925-191 Ave NW, Elk River, requested a conditional use permit to operate an upholstery business out of his home. Mr. Schmitz noted a correction on staff's memo: location of request should be 11925-191st Avenue NW, not 195th Avenue. Chairman Minton opened the public hearing. Linda Lee, 11949-191 Ave NW, Elk River, stated that she was not opposed to this business as a home business. However, the proposed location &~m@WE~ . . . Elk River Planning Commission Minutes November 23, 1993 Page 2 has been vacant for some time, therefore, Ms. Lee wanted to know if the proposed business would be in a "home" or would the home become a"business." Gary Schmitz responded that this is a residential neighborhood and would remain so. Mr. Altenweg also explained that he recently purchased the home and it has remained vacant, however, he would be moving into the home soon. There being no further comments from the public, Chairman Minton closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT REQUEST BY TODD ALTENWEG, CASE NO. CU 93-36, TO OPERATE AN UPHOLSTERY BUSINESS OUT OF HIS HOME LOCATED AT 11925-191 AVENUE NW, ELK RIVER, MN, NOTING THE REQUEST MEETS THE SEVEN STANDARDS FOR GRANTING A CONDITIONAL USE PERMIT, AND CITING STAFF'S MEMO DATED NOVEMBER 23, 1993, AS FINDING OF FACT WITH THE FOLLOWING CONDITIONS: 1. HOURS OF OPERATION BE AS PER CITY CODE. 2. NO EXTERIOR STORAGE RELATED TO THIS BUSINESS SHALL BE ALLOWED. 3. SIGNAGE BE LIMITED TO TWO SQUARE FEET AND MOUNTED PLAT ON THE WALL OF THE DWELLING. 4. THE NUMBER OF EMPLOYEES BE AS PER CITY CODE. 5. THE USE IS SUBJECT TO AN ANNUAL REVIEW BY STAFF TO ENSURE THAT THE INTEGRITY OF THE RESIDENTIAL NEIGHBORHOOD IS MAINTAINED. 6. IF STAFF RECEIVES COMPLAINTS REGARDING NOISE FROM THIS USE, THE USE MAY BE SUBJECT TO AN IMMEDIATE REVIEW. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. Consider a Conditional Use Permit Request and Variance Request by William Smith/Public Hearing, Case No. CU 93-38, V 93-9 Staff report presented by Gary Schmitz. The applicant, William Smith, is requesting an administrative subdivision to divide a lot containing an existing duplex into two lots with a zero lot line. Mr. Smith is also requesting variances on lot size for both lots being created and a conditional use permit for a zero lot line development. Only the City Council reviews the administrative subdivision request, therefore, the Planning Commission will be reviewing the variance and conditional use permit. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF A VARIANCE REQUEST ON LOT SIZES BY WILLIAM SMITH, CASE NO. V 93-9, CITING STAFF'S MEMO DATED NOVEMBER 23, 1993, AS FINDING OF FACT BASED ON THE FOLLOWING: ~~~~@w~~ . . . Elk River Planning Commission Minutes November 23, 1993 Page 3 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE HARDSHIP BY NOT ALLOWING INDIVIDUAL OWNERSHIP OF EACH WAS INTENDED WHEN THE DUPLEX WAS CONSTRUCTED. UNNECESSARY UNIT, WHICH 2. THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONERS ACTION BUT DUE TO A CHANGE IN CITY CODE. 3. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY HEALTH, SAFETY, OR WELFARE OF THE RESIDENTS OF THE NEIGHBORHOOD WHEREIN THE PROPERTY IS SITUATED AND WILL WITH THE SPIRIT AND INTENT OF THE ORDINANCE. AFFECT THE CITY OR THE BE KEEPING COMMISSIONER TACHE NY SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL OF A CONDITIONAL USE PERMIT FOR ZERO LOT LINE DEVELOPMENT BY WILLIAM SMITH, CASE NO. CU 93-38, CITING STAFF'S MEMO DATED NOVEMBER 23, 1993, AS FINDING OF FACT WITH THE FOLLOWING CONDITION: 1. SITE VERIFICATION BY THE CITY BUILDING INSPECTOR INSURING THAT BUILDING CODES FOR A ZERO LOT LINE STRUCTURE ARE MET. COMMISSIONER SPOTTS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Consider a Conditional Use Permit Request by R.E.P. Ltd. of Elk River (Gary santwire)/Public Hearing, Case No. CU 93-37 Presented by Gary Schmitz. The applicant, represented by Gary Santwire, requested a conditional use permit to amend the PUD Developers Agreement for Barrington Square to allow institutional uses and site plan review for the Area Learning Center high school at 251-8th Street, Elk River, MN. Gary Santwire stated his concerns regarding landscaping requirements, the term in staff's memo labeling the students "at risk," a joint parking agreement, the barbed wire fence, and building code issues if this is classified as an E occupancy. Chairman Minton opened the public hearing. Arlon Fuchs, 266 Elk Hills Drive, Elk regarding landscaping and trees in the area. River, MN, questioned staff Mr. Schmitz responded. There being no further comments from the public, Chairman Minton closed the public hearing. Commissioner Tveite arrived at this time (8:04 pm). Commissioner Eberley commented on the parking and bussing in this particular area and stated she did not see any parking problems. Chairman Minton requested comments from the Commissioners regarding a joint parking agreement. Mr. Santwire stated that a joint parking agreement would be costly to prepare as there are several owners within Barrington Square. Further, Mr. Santwire expressed concern regarding Elk River Planning commission Minutes November 23, 1993 Page 4 . code issues and a possible E occupancy use designation. Commissioner spotts explained the term "at risk" students. commissioner Tacheny added discussion regarding barbed wire fencing in C3 zones. Discussion between the Commissioners ensued. COMMISSIONER KREGER MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST TO AMEND THE PUD DEVELOPERS AGREEMENT FOR BARRINGTON SQUARE ALLOWING INSTITUTIONAL USES, AND SITE PLAN REVIEW BY R.E.P. LTD (GARY SANTWIRE), CASE NO. CU 93-37, NOTING THE REQUEST IS CONSISTENT WITH THE COMPREHENSIVE PLAN, CITING STAFF'S MEMO DATED NOVEMBER 23, 1993, WITH THE FOLLOWING CONDITIONS: 1. THE NUMBER OF STUDENTS BE LIMITED (PER SHIFT) BASED ON THE TOTAL NUMBER OF PARKING STALLS AVAILABLE. 2 . A JOINT PARKING AGREEMENT FOR LOTS 1, 2, AND 3, BARRINGTON SQUARE BE RECORDED, IF NECESSARY TO MEET CONDITION NUMBER 1. 3. SIGNAGE MEET C3 STANDARDS. 4. ALL THE CONCERNS OF THE BUILDING OFFICIAL RELATED TO STATE BUILDING CODE BE ADDRESSED. 5. THE BARBED WIRE LOCATED ON THE TOP OF THE CHAIN LINKED FENCE (BACK OF PROPERTY) BE REMOVED IF A COMPLAINT IS RECEIVED OR IT BECOMES A SAFETY HAZARD. . 6. THE DAY TO DAY ACTIVITIES WILL NOT SURROUNDING PROPERTY OWNERS. ADVERSELY AFFECT THE COMMISSIONER EBERLEY SECONDED THE MOTION. Commissioner Tveite abstained. THE MOTION CARRIED 6-0. 8. Code Amendment Request By the City of Elk River/Public Hearing, Case No. OA 93-08 Staff report presented by Gary Schmitz. The City of Elk River is requesting an amendment to the City Code allowing therapeutic massage and sauna establishments as conditional uses in commercial districts and as a home occupation in accordance with the standards set forth in Section 900.25. Chairman Minton opened the public hearing. There being no comments from the public, Chairman Minton closed the public hearing. For the record, Commissioner Eberley stated that she did appreciate all the information provided by staff in reviewing this request. She found the information very helpful. Commissioner Tveite stated the request was consistent with the sexually Oriented Land Use Ordinance. . COMMISSIONER KREGER MOVED TO APPROVE THE CODE AMENDMENT REQUEST BY THE CITY OF ELK RIVER TO AMEND VARIOUS SECTIONS OF THE CITY ORDINANCE ALLOWING THE USE OF THERAPEUTIC MASSAGE AND SAUNA ESTABLISHMENTS AS CONDITIONAL USES IN ALL COMMERCIAL DISTRICTS, REMOVING "MASSAGE" AS A . . . Elk River Planning Commission Minutes November 23, 1993 Page 5 PROHIBITED USE AS A HOME OCCUPATION, INCLUDING THERAPEUTIC MASSAGE HOME OCCUPATION AS A CONDITIONAL USE, AND INCLUDING CERTAIN KEY WORDS IN THE DEFINITION SECTION OF THE CITY ORDINANCE, CITING STAFF'S MEMO DATED NOVEMBER 23, 1993. COMMISSIONER TVEITE SECONDED THE MOTION. THE MOTION CARRIED 7-0. 9. Other Business Commissioner Tveite updated the Planning Commission on the City Council meeting regarding the Elk Park Center. Chairman Minton commented on the Big Lake Planning Commission meeting he recently attended. The Planning Commission would like resignation of Commissioner Donald contributions to the community and Commission were outstanding. to acknowledge acceptance of the spotts. Commissioner spotts' quality of work for the Planning 10. Adjournment There being no further business, COMMISSIONER TVEITE MOVED THE MEETING. COMMISSIONER TACHENY SECONDED THE MOTION. CARRIED 7-0. TO ADJOURN THE MOTION The meeting of the Elk River Planning Commission adjourned at approximately 8:45 p.m. Respectfully submitted, (~"dYh~ )r?~A/YJIcf:6 Catherine M. Schmidt Recording Secretary