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10-24-1989 PC MIN . . . MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, OCTOBER 24, 1989 Members Present: Chairman Kimball, Commissioners Johnson, Eberley, Fuchs, Schroeder and Nadeau Members Absent: Commissioner Morton Staff Present: Stephen Rohlf, Building and Zoning Administrator; Steven Bjork, Zoning Assistant 1. Pursuant to due call and notice thereof; the meeting of the Elk River Planning Commission was called to order at 7:00 p.m. by Chairman Kimball. 2. Consider 9/26/89 Plannin~ Commission A~enda Items 11.5 Rules and Procedures and 12.5 Discussion items were added to the agenda. COMMISSIONER EBERLEY MOVED TO COMMISSION AGENDA AS AMENDED. MOTION. THE MOTION CARRIED 6-0. APPROVE THE COMMISSIONER 10/24/89 PLANNING FUCHS SECONDED THE 3. Consider 9/26/89 Plannin~ Commission Minutes COMMISSIONER EBERLEY MOVED TO APPROVE THE 9/26/89 PLANNING COMMISSION MINUTES. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED ,6-0. 4. Consider 10/17/89 Plannin~ Commission Workshop Minutes COMMISSIONER EBERLEY MOVED TO APPROVE THE 10/17/89 WORKSHOP MINUTES. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0 5. Dolphin (CARWASH" Site Plan Review Steve Rohlf, B & Z Administrator, summarized this request: that the expansion consists of two separate additions for Lots 3, Block 1, Elk River Plaza 3rd Addition. That the rooms would be used for cleaning the interior of cars (detailing). An additional item should have been added to the memo regarding the 6" water line running north and south on the east property line of the site. This water line would have to be moved to the side to be permitted. Mr.Rohlf indicated that this issue will be addressed by the City Engineer prior to the City Council meeting. Parking was discussed and staff felt that parking stalls 1 and 2 were not needed as this would limit the access to the dumpster. . . . Planning Commission Minutes October 24, 1989 Page 2 Dave Wolff indicated that they were requesting additional signage on the north addition for advertising car detailing. After discussing this issue, it was the concern of the Commission that for safety reasons a sidewalk through to Evans Avenue behind the carwas was to be added connecting the general area of the nursing home and the apartments to the mall area. Dan Coburn representing CHW, properties was present indicating they would like to make some arrangements with the abutting property owners regarding the resloping of the property line across the south side of the property as a result of soil corrections. COMMISSIONER FUCHS MOVED TO APPROVE THE SITE PLAN FOR THE EXPANSION OF THE DOLPHIN CARWASH WITH THE FOLLOWING CONDITIONS: 1. THE LIGHTING FOR THE ADDITION BE AS PER CITY CODE. 2. THE OUTSIDE APPEARANCE OF THE BUILDING BE OF THE SAME DESIGN AS THE EXISTING STRUCTURE. 3. THAT THE PARKING STALLS BE YELLOW STRIPED. 4. THAT THE EAST WALLS OF BOTH THESE ADDITIONS BE 1 HOUR FIRE WALL AND NO OPENINGS OR AS PER BUILDING CODE. 5. THAT THE ADDITION WOULD BE CONTINGENT UPON APPROVAL OF THE WATER MAIN ON THE EAST PROPERTY LINE BEING RELOCATED. 6. THAT PARKING STALLS 1 AND 2 BE ELIMINATED TO ACCOMMODATE TRASH RECEPTACLES. 7. ADD AN ADDITIONAL SIDEWALK ON THE EAST OF THE CARWASH LOT BETWEEN EVANS AVENUE AND THE NORTH PROPERTY LINE OF THE CAR WASH. SIDEWALK ARRANGEMENTS TO BE PER CITY STAFF. 8. ADDITIONAL SIGNAGE REQUESTED (3 FT. BY 12 FT.) BE ACCORDING TO THE SIGN ORDINANCE AND CITY STAFF'S APPROVAL. 9. THAT NO TREES BE WITHIN 20 FEET OF THEIR DRIVEWAY AND ACCESS ROAD. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. After discussing the motion, the motion was amended to add an additional condition. COMMISSIONER FUCHS MOVED TO AMEND THE MOTION THAT THE OWNERS OF CHW PROPERTIES AND DOLPHIN CARWASH NEGOTIATE SLOPING OF THE PROPERTY LINE ACROSS THE SOUTH SIDE OF THE PROPERTY. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. . . . Planning Commission Minutes October 24, 1989 Page 3 6. Leo Glunz Conditional Use Permit to Allow a Metal Skin Structure in Plat/Public Hearing Steve Bjork, Zoning Assistant, indicated the applicant is requesting a condi tional use permit for Lot 3, Block 1, Wilderness Acres to allow the construction of a metal skin structure wi thin a platted area. Mr. Bj'Q:tk further indicated that the ordinance requires the metal skin structure be at least 300 ft. away from adjacent dwellings or platted area. The applicants stated that they were issued a building permit for the metal skin structure and were under the impression that they could have horses when they purchased the property. Mr. Glunz indicated the horses would be removed from the property. Steve Rohlf, Building and Zoning Administrator indicated that he viewed the metal skin structure and the horses as one issue. Mr. Glunz stated he was not requesting horses at this time, and that he was aware he would have to go through another conditional use permit for the keeping of horses if this request was granted. Chairman Kimball opened the public hearing. Two letters were submitted in opposition of the request from Glenn and Colleen Sundeen of 20234 Vance Street and Peter Newland of 20140 Vance Street. Chairman Kimball requested that these be part of the public record. Tom Lind 11076 205th Avenue NW, felt this could be a hardship for the applicants because of an error made by staff issuing the building permit. Bennitt Pittsley of 20309 Vance Street had no objections to the request. Dean Jonquist of 20464 Vance Street indicated he was not allowed to put up a metal skin structure. Thomas Lane of 11076 205th Avenue felt that the up keep of the property is a vast improvement from the previous owner. Chairman Kimball closed the public hearing. Staff suggested tabling this issue so both issues could be addressed. A brief discussion was held regarding this issue. COMMISSIONER EBERLEY MOVED TO RECOMMEND CONTINUING THIS ISSUE UNTIL THE FOLLOWING MEETING. The motion died for a lack of a second. . . . Planning Commission Minutes October 24, 1989 Page 4 COMMISSIONER JOHNSON MOVED TO RErOMMEND TO THE CITY COUNCIL DENIAL OF THE CONDITIONAL USE PERMIT FOR A METAL SKIN STRUCTURE BY MR. & MRS. LEO GLUNZ BASED UPON THE FOLLOWING FINDINGS OF FACT: 1. WILL NOT BE CONSISTENT WITH THE COMPREHENSIVE PLAN. 2. WILL IMPEDE THE NORMAL AND ORDERLY DEVELOPMENT AND IMPROVEMENT OF THE SURROUNDING VACANT PROPERTY. 3. WILL NOT COMPLY WITH ALL OF THE REQUIREMENTS OF THE CITY'S CODE OF ORDINANCES. COMMISSIONER NADEAU SECONDED THE MOTION. THE MOTION CARRIED 4-2. Commissioner Schroeder and Eberley voted no. 7. Jim Amble Variance Request from Side Yard and River Setbacks to Allow Accessory Structure/Public Hearin~ Steve Bj ark, . Zoning Assistant, stated that the applicant is requesting a side yard variance and a setback variance from the river in the R-la zone to accommodate a detached garage. Chairman Kimball opened the public hearing. There being no one for or against the matter, Chairman Kimball closed the public hearing. The applicants were present to explain their request indicating that to comply with the setbacks their garage would be in the front yard. At this time, the applicants gave the reasons they felt they met the standards for a variance request. COMMISSIONER FUCHS MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL OF THE VARIANCE REQUEST FOR A 24 ft. by 24 ft. ACCESSORY BUILDING AS LOCATED ON THE DRAWING SUBMITTED BY THE APPLICANTS BASED UPON THE FINDINGS OF FACT AS STATED BY THE APPLICANT: 1. THE SPRINKLE SYSTEM WOULD HAVE TO BE MOVED PRESENTING A HARDSHIP. 2. A NUMBER OF TREES WOULD HAVE TO BE REMOVED CREATING A HARDSHIP. 3. A NUMBER OF LANDSCAPING CHANGES WOULD HAVE TO BE MADE CREATING A HARDSHI P . 4. THE STRUCTURE WOULD NOT HAMPER THE VIEW FROM THE NEIGHBOR OR THE RIVER (NOT INJURIOUS TO 0THERS. 5. THAT THE STRUCTURE WOULD NOT BE VISIBLE FROM THE ROAD. 6. SETBACK RULES WERE IMPOSED AFTER THE HOUSE WAS BUILT (NOT CONSEQUENCE OF THEIR ACTION OR INACTION). COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. . . . Planning Commission Minutes October 24, 1989 Page 5 8. Cluster Development Steve Rohlf, Building and Zoning Administrator reviewed the memo submitted by William Weber from AICP, Consultant Planner. A brief discussion was held on this subject. It was the consensus of the Planning Commission that staff work with the planner to research this issue to allow cluster multifamily within the current standard, reviewing staff's memo of 9/26/89 and come back with an ordinance amendment. 9. Impact Fees The Planning Commission reviewed impact fees and it was the consensus that the City Council should consider requiring impact fees for storm sewers and roads based upon a development's access to roads requIrIng improvement or upgrade to support additional traffic per staff's memos of 8/16/89 and 9/26/89. 10. MinLSt9r~ Steve Rohlf explained that Gene Schuldt requested the Council to direct staff to review mini storage as a conditional use in multifamily zones. A test motion was taken at this time without preliminary discussion. COMMISSIONER EBERLEY MOVED TO ALLOW MINI STORAGE AS A CONDITIONAL USE IN MULTIFAMILY ZONES (R-3 AND R-4). THE MOTION CARRIED 4-2. Commissioner Johnson voted against this motion as she felt mini storage was not appropriate and not residential in nature. Commissioner Johnson was opposed with setting performance standards because of the conflict on what is acceptable. Commissioner Fuchs was opposed also. After lengthly discussion, it was the consensus of the Commission to leave this issue as is for a year, then review and consider the use of the performance standards. 11. Landscapin~ Ordinance A Brief discussion was held on the landscape ordinance. determined that additional information was required to recommendation to the Council. It was make a 11.5 Rules and Procedures General discussion was held regarding the proposed Rules and Procedures for the Planning Commission. . . . Planning Commission Minutes October 24, 1989 Page 6 12. Plannin~ Commission Representative to Attend Council Meetin~ on November 20, 1989 Commissioner Eberley will attend the November 20, 1989 City Council Meeting. 12.5 Discussion Items Either landscaping ordinance or sign ordinance will be the topic for next workshop session. Minutes were discussed and the Commission would like these prepared in more brief, outline form in the future. 13. Adjournment There being no further business, COMMISSIONER FUCHS MOVED TO ADJOURN THE MEETING. COMMISSIONER JOHNSON SECONDED THE MOTION. The motion carried 6-0. Respectfully submitted, SAMf;-lJmtt,uL; Sharon Maue Building & Zoning Secretary