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02-20-1990 PC MIN e MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER CITY HALL TUESDAY, FEBRUARY 20, 1990 Members Present: Chairman Kimball, Commissioners Johnson, Eberley, Schroeder, Morton and Nadeau Members Absent: Commissioner Fuchs Staff Present: Tim Keane, City Attorney; Stephen Rohlf, Building and Zoning Administrator arrived at 10:35 p.m. 1. Pursuant to due call and notice thereof; the meeting of the Elk River Planning Commission was called to order at 7:05 p.m. by Chairman Kimball. 2. Consider 2/20/90 Plannin~ Commission A~enda COMMISSIONER EBERLEY MOVED TO APPROVE THE 2/20/90 PLANNING COMMISSION AGENDA. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3. Consider 1/23/90 Plannin~ Commission Minutes e Page 5 - Condition #9 change "Plating" to "Platting." Page 7 - first paragraph, change "John" to read "David". Condition #9 should be changed to read "Lastly, utili ties on site and the proposed freestanding sign must be screened with plantings." COMMISSIONER JOHNSON MOVED TO APPROVE THE 1/23/90 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 4. Conditional Use Permit to Establish PUD A~reement on Outlot At Deerfield III by Elk River Development/P.H. The petitioners were not present for this issue. Chairman Kimball indicated that public input for this issue would be taken for those people who took the time and trouble to come to the meeting. Chairman Kimball further indicated that it is the Commission's intention to table this request and will be readvertised to put people on notice when it will be acted on at a later date Chairman Kimball opened the public hearing. Bud Houlton of the First National Bank indicated that they had entered into a purchase agreement with Mr. Smith to purchase approximately one and 1/3 acres of Outlot A. We are here tonight in case there are any questions about what our intended purpose was for our portion of that lot. e Chairman Kimball indicated the public hearing would be continued at the March Planning Commission meeting. Planning Commission Minutes February 20, 1990 Page 2 e 5. Variance Re~ardin~ Si~na~e by Elk River Americinn/P.H. The applicants were present and provided the background information for this issue. Rob VanValkenberg showed a slide presentation on signage in the surrounding area. Mr. VanValkenburg also showed a video presentation where a boom truck was used to identify the height of signage that would give them the correct visibility from Highway 10 and 101. Mike Leary, Executive Vice President of Elk River Motel Properties, Inc., stated the reason for requesting this variance is to gain visibility, to be readable enough to travelers looking for lodging, and also to be exposed to the higher volume of traffic. Mr. Leary indicated that the height restriction does not allow visibility from Highway 101 because of the height of trees aloQg the Mississippi River. He also explained that the Scenic Rivers Act limits the cutting and trimming of trees. Therefore, they are seeking a variance to erect an adequately sized sign which will fit in with the natural landscaping along the river and intersection. Chairman Kimball opened the public hearing. It Rodney L. Lindquist, President of Americinn International, felt that the applicant met the criteria for all five standards for granting a variance as this is an economic hardship for the applicants because of the DNR regulations. Chairman Kimball stated that there must be a hardship that is not solely economic in order to grant a variance. Robert Bischoff indicated he had submitted a letter from Michael J. Majkrzak who was in favor of the request and would like this to be part of the public record. Terry Lee Douglas questioned whether the 5 standards for granting a variance is a State criteria and not a City regulation. Tim Keane, City Attorney, indicated that this is a State criteria to assure that the integrity of the ordinance is met and that there is consistency. Chairman Kimball closed the public hearing. e Commissioner Johnson indicated we also have to consider that there are adjacent properties with retail establishments which may also require a variance. Commissioner Johnson further indicated we have to think in these terms as well, and not only of other motels. We have to think about other properties in that district which would be restricted by the ordinance as well. Tim Keane was in agreement indicating that every property owner on either side of the river does have a shore line vegetation screening the eye level view of their property across the river. They would have legitimate arguments, they need the same variance for the same area to accomplish the same objectives. Commissioner Schroeder indicated that there has been a lot of discussion on signage, sign heights, and special conditions and not just specific to the applicant's location. The ordinance has been Planning Commission Minutes February 20, 1990 Page 3 e fairly closely followed as far as height, width etc. We have to stay consistent. Mr. Leary felt that they met the criteria for a variance. They do not have the option of cutting trees and hills so they can be seen from the highway. This will cause us undue hardship. They felt they have a unique piece of property covered by DNR restrictions. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE PROPOSED BY AMERICINN FINDING THAT A HARDSHIP NOT SOLELY ECONOMICAL DOES NOT EXIST WHICH IS NOT ALSO APPLICABLE TO OTHER LANDS OR STRUCTURES IN THE SAME DISTRICT. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioner Nadeau and Schroeder voting against the recommendation. . Tim Keane indicated that he would like the record to reflect that this decision is a recommendation to the City Council. The applicant has advised us that they have not obtained a building permit, but plan to do so Wednesday, I would suggest that they proceed with extreme caution in their own peril in as much as the Council will be making the final decision of the outcome of this application. The applicant has made it very clear in their testimony tonight that the signage is essential to their economic vitality. e 6. Variance Re~ardin~ Si~na~e by Terry Lee Dou~las Chairman Kimball opened the public hearing. Terry Lee Douglas, of Terry Lee Realty and Homes, explained his request indicating they are requesting a permanent subdivision sign at the intersection of 182nd Avenue and Waco Street. Mr. Douglas indicated he is requesting a 4 by 8 sign at the entrance of Pinewood Subdivision to promote the subdivision and sell lots for future single family home construction. Discussion between the applicant and the Commission centered on the sign at the intersection of 182nd Avenue and Waco. Mr. Douglas indicated that the sign is half the size of what is allowed there. He indicated the 4 by 8 sign is currently in place, which the City Council allowed us to keep until further hearings on this matter. Chairman Kimballl closed the public hearing. Tim Keane indicated that until the subdivision is clearly built up, the developer is allowed a 4 by 8 sq. ft. sign. Mr. Keane questioned Mr. Douglas on whether he could live with his development sign until the subdivision is completed and install a smaller permanent sign without the need for a variance. Mr. Douglas indicated that he was told he had to have a variance because of the age of the subdivision. ,-. Tim Keane felt that a temporary development sign was permitted up to 32 sq. ft. until the construction was completed. Mr. Keane suggested that because Mr. Rohlf was not present to answer this question, the issue be tabled until Steve Rohlf arrived to present an administrative determination. e Planning Commission Minutes February 20, 1990 Page 4 ~ COMMISSIONER SCHROEDER MOVED TO CONTINUE THIS ITEM UNTIL THE ARRIVAL OF MR. ROHLF TO GET AN ADMINISTRATIVE DETERMINATION. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Multiole Princiole Buildin~s by Arden Krinke/P.H. Chairman Kimball opened the public hearing. Arden Krinke of 1958 Main Street indicated that they were proposing a 18 ft. by 24 ft. barber shop on the same lot as the dwelling located at 413 Main Street. Mr. Krinke indicated that due to possibility of demolition of buildings downtown he was looking for a new location. Lee Schlosser of Nailbender Corporation, representing Mr. Krinke, explained the intent for signage. Mr. Schlosser indicated signage was not shown on their plan as they were not sur~ at that time where the signage was going to be placed. They intend to put up signage totaling 32 sq. ft. to meet City code. Mr. Schlosser indicated that they were in agreement with the conditions as outlined in staff's memo. Commissioner Eberley indicated that she had received a call from a neighborhood resident stating her concern regarding traffic and parking. e Handicapped parking and traffic was discussed by the Commission. They felt that it did meet City Code. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE REQUEST FOR THE CONSTRUCTION OF A SMALL BARBER SHOP IN ADDITION TO THE EXISTING SINGLE FAMILY HOUSE ON THE LOT BASED UPON THE FINDINGS OF FACT AS OUTLINED IN STAFF'S MEMO DATED 2/15/90 WITH THE FOLLOWING STIPULATIONS: 1. THAT $1,500 PARK DEDICATION BE PAID. 2. THAT THE PROPOSED DRIVE AND PARKING BE HARDSURFACED AND STRIPED WITH DIMENSIONS AS PER THE PROPOSED SITE PLAN OR GREATER TO ALLOW CARS TO TURN AROUND AND ENTER MAIN STREET FORWARD. 3. THAT THE AIR CONDITIONING UNIT AND DUMPSTER ON THE SOUTH SIDE OF THE PROPOSED BARBER SHOP BE SCREENED (FENCE AND/OR PLANTINGS). 4. THAT THE DEVELOPERS ARE RESPONSIBLE FOR PROVIDING SEWER AND WATER LINES TO THE PROPOSED BARBER SHOP IN A DESIGN APPROVED BY THE CITY ENGI NEER . 5. 6. !~ 7. e 8. THAT THE PARKING LOT BE LIT AS PER CITY CODE. THAT ALL SIGNAGE MEETS CITY CODE. THAT DRAINAGE OF THIS SITE BE ACCOMPLISHED AS PER THE ATTACHED SITE PLAN. THAT THE OUTSIDE APPEARANCE OF THE BARBER SHOP BE ARCHITECTURALLY HARMONIOUS WITH THE DESIGN OF THE EXISTING RESIDENCE ON THE LOT. Planning Commission Minutes February 20, 1990 Page 5 e 9. THAT WIDENING THE CURB CUT TO THE LOT IS THE PETITIONER'S EXPENSE AND APPROVAL OF THIS WORK BE AS PER CITY STAFF. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Ordinance Amendment Amendin~ Section 900.22. Re~ardin~ Si~na~e/P.H. At this time, Chairman Kimball gave a brief history of the sign ordinance. He indicated that the Planning Commission provided the motive for the public hearing as errors were found in the revised ordinance. Chairman Kimball further noted that times and conditions had changed things to the extent that the Commission believed a review was warranted for the entire sign ordinance. Chairman Kimball opened the public hearing. . Chairman Kimball stated that this would be an informal discussion only and not be acted on at this time. Keith Franklin of Franklin signs asked for clarification of the asterisk by the words advertising signs in the draft ordinance. e Tim Keane, City Attorney addressed Mr. Franklin's question. Mr. Keane noted that there were four companies of the outdoor advertising industry present and suggested that we discuss the issue and problems in very general terms and not take any action on the outdoor regulations. At this time, Mr. Keane explained the ground work for this ordinance. He explained that the City Council, in late October, held an informal discussion regarding outdoor advertising. The Mayor and City Council noted they had been receiving complaints from citizens about the proliferation of outdoor signs creating a billboard alley on Highway 10. 'J'he Mayor had indicated he had received more calls and complaints on outdoor advertising than any other Single issue since he had been Mayor. Mr. Keane indicated that staff was directed to prepare an ordinance amendment imposing a moratorium on all outdoor advertising pending a review and inventory of what was already out in the field. Mr. Keane suggested that in the course of developing these regulations, outdoor advertising representatives get together and come up with suggestions and proposals to address this issue. Mark Liese of Sand Outdoor Advertising asked how they will know when these meetings are going to take place. Mr. Keane indicated that there was a clear agreement from the Zoning Administrator that the City will give specific written notice to each of the industry representatives of the public hearing on this matter. e Mrs. Erwin Specht felt that outdoor signs can be a good income for the property owners and questioned why property owners were not notified. Mr. Keane addressed her concern indicating that the City's legal obligation is to publish the notice in regard to text amendments. The City hope the reps will take the responsibility to contact the property owners. Planning Commission Minutes February 20, 1990 Page 6 e Steve Linegar of AME Ready Mix questioned if it was the City's intent to totally eliminate billboards from the ordinance. Mr. Linegar felt that billboards can be done tastefully and to totally remove these signs is somewhat defeating especially in a growing community. He indicated that some type of plan should be implemented to support business. Also, that property owners should have some type of involvement. Mike Leary was in agreement with Mr. Linegar. Mr. Lee Schlossor of Nailbender Corporation felt if the businesses were not able to advertise to get people to stop, Elk River would die. Chairman Kimball indicated that one of our biggest complaints was signs that were stacked and V-shaped to get around the City regulations. COMMISSIONER JOHNSON MOVED TO CONTINUE THE PUBLIC HEARING AND ALSO RECOMMEND TO THE STAFF TO SEND WRITTEN NOtICES TO THE INDUSTRIAL REPRESENTATIVES AND ENCOURAGE INDUSTRIAL REPRESENTATIVES TO CONTACT THE PROPERTY OWNERS IN WRITING WHO WILL BE AFFECTED BY THE CONTINUATION OF THE HEARING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. e AT THIS TIME, COMMISSIONER JOHNSON MOVED TO TABLE THE VARIANCE REQUEST REGARDING SIGNAGE BY TERRY LEE DOUGLAS UNTIL THE MARCH PLANNING COMMISSION MEETING. COMMISSION EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 9. Ordinance Amendment Section 900.20 (13), Re~ardin~ Model Homes/P.H. Chairman Kimball opened the public hearing. Mike Leary, owner of New Creation's model home, indicated they would like an extention of their model until 1990. Mr. Leary indicated this would give them time to plan ahead as they feel this is a good location and they have not had any complaints from the neighboring residents. Terry Lee Douglas indicated he felt Mr. Leary did not misuse his model home. He felt that model homes should not be used as a general real estate office. Steve Rohlf arrived at this time (10:35 p.m.) Mr. Rohlf indicated that the thrust of his memo is to leave the ordinance alone; either find they have a special case warranting an extension, or find that they do not. Tim Keane noted that if the model is reasonable and there are no objections, there should be a mechanism for the extension of its continued use as long as it is not an intrusion on the neighborhood and meets the objectives of the developer and the City. Mr. Keane felt that a 6 month time frame is not adequate. e COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL CONTINUATION OF THE ORDINANCE FOR MODEL HOMES AS IT EXISTS TODAY. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. Planning Commission Minutes February 20, 1990 Page 7 e Steve Rohlf suggested a separate motion for each model as each model is a separate case. COMMISSIONER EBERELEY MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL FOR AN EXTENSION OF NEW CREATION'S MODEL HOME UNTIL MARCH, 1991. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL FOR AN EXENTSION OF ZIEGLER'S MODEL HOME UNTIL MARCH, 1991. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6.0. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF AN EXTENSTION FOR THE MODEL HOME BY CHRISTIAN REALTY. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROYAL TO THE FOR A THREE YEAR EXTENS I ON FOR THE MODEL HOME BY COUNTRY ARE UNDER THE SAME TIME LIMITATION AS DEERFIELD 4TH. NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. CITY COUNCIL OAKS SO THEY COMMISSIONER COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE REQUEST BY SCHAFER BUILDERS FOR AN EXTENSION OF THEIR MODEL HOME AS IT IS NO LONGER USED AS A MODEL HOME. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. e COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE REQUEST FOR AN EXTENSION BY LIND HOMES FOR A MODEL HOME. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER EBERLEY MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL FOR AN EXTENSTION OF TERRY LEE REALTY AND HOME'S MODEL HOME UNTIL AUGUST 31, 1990. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0. COMMISSIONER EBERELY MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE REQUEST BY MARVIN GEORGE BUILDERS FOR AN EXTENSION OF THEIR MODEL HOME AS IT IS NO LONGER USED AS A MODEL HOME. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 6-0 10. Ordinance Amendment. Amendin~ Section 900.24 and 900.30. Re~ardin~ Screenin~. Landscapin~. Li~htin~. Stora~e and Outdoor Display Steve Rohlf suggested tabling this issue until the March meeting. He noted that Bill Weber and Mr. Keane would have additional comments regarding this item. Staff indicated that they did not want to pass an ordinance that will have to be amended again in the rtear future. COMMISSIONER JOHNSON MOVED TO TABLE THIS ISSUE UNTIL THE MARCH PLANNING COMMISSION MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. e Planning Commission Minutes February 20, 1990 Page 8 e 11. Plannin~ Commission Representative to Attend Council Meetin~ on March 19, 1990 It was indicated that Chairman Kimball and Commissioner Schroeder would attend the City Council meeting on March 19, 1990. 12. Adjournment There being no further business, COMMISSIONER JOHNSON MOVED TO ADJOURN THE MEETING. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. The meeting adjourned at approximately 11:10 p.m. Respectfully submitted, 5:A~Yf)~ Sharon Maue Recording Secretary e ...-. e