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01-26-1988 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY JANUARY 26, 1988 Members Present: Vice Chairman Barrett. Commissioners Fuchs, Kimball, Morton, Kropuenske, Johnson and Olsen. Members Absent: None Staff Present: Stephen Rohlf, Building and Zoning Administrator 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. 2. Consider 1/26/88 Planning Commission Agenda Item 14.5 Vote on Chairman and Vice Chairman - Item 14.6 - Other Business and Item 14.7 - Consider 10/27/87. 11/5/87 and 11/24/87 Planning Commission Minutes were added to the agenda. Item No. 10 was moved in the agenda to follow Item No.6. COMMISSIONER KROPUENSKE MOVED TO APPROVE THE 1/26/88 PLANNING COMMISSION AGENDA AS AMENDED. COMMI SSIONER KIMBALL SECONDED THE MOTION. THE MOTION PASSED 7-0. 3. Consider 12/15/88 Planning Commission Minutes Commissioner Fuchs noted that on page five. item five's motion should be corrected to read " Commissioner Morton" seconded the motion. Item No. 11 motion should be corrected to read "Commissioner Temple" made the motion not Wilson. Mary Temple noted in paragraph No.4, page 3. under Item No. 4 this paragraph should be corrected to reflect these changes. 1. The risk of locating a research and testing facility of this nature in a populous area. 2. The need to use residential streets in transporting dangerous wastes and ash to and from the site. 3. The fact that no detailed engineer's drawing of the site plan was submitted for the commission's consideration. Commissioner Temple's three concerns. opposition to Atlas' request was based on these COMMISSIONER KROPUBNSKE MOVED TO APPROVE THE 12/15/87 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER MORTON SECONDED THE MOTION~ THE MOTION PASSID 5-0. COMMISSIONERS JOHNSON AND OLSEN ABSTAINED BECAUSE THEY WERE NOT MEMBERS OF THE COMMISSIONAT'THAT'TlME~ . . . Page 2 Planning Commission Minutes 1/26/88 4. Conditional Use Permit Request by Charles Christian/Public Hearing Vice Chairman Barrett noted that Mr. Charles Christian is requesting a conditional use permit to allow a temporary real estate office on Lot 8, Block 1, Deerfield 3rd Addition. This item was tabled at the November Planning Commission meeting to allow staff more time to research the situation. Mr. Charles Christian was present and indicated they had checked with three other cities: Ramsey, Maple Grove and Monticello and they were not opposed to temporary real estate offices. Mr. Christian felt that if no one complained it would help the community and they should be allowed to have temporary real estate offices with restrictions. Steve Rohlf, Building and Zoning Administrator, explained that he had checked with other communities (Anoka, Coon Rapids, Bloomington) to see how they dealt with temporary offices in residential areas. He reviewed their comments as stated in his memo. Vice Chairman Barrett opened the public hearing. Jerry Smith, Broker for Century 21 had objections to the request. Mr. Mr. Smith noted Christians had three homes they are using as models to aid in selling particular subdivisions. He would not want to see temporary real estate offices allowed in residential areas. Vice Chairman Barrett closed the public hearing. Commissioner Fuchs was opposed to temporary real estates offices and would like to see them in the future eliminated from the ordinance. Commissioner Fuchs further indicated that this is the third temporary real estate office and felt they belong in commercial zones. Commissioner Kimball was in agreement with Commissioner Fuchs. Commissioner Kimball indicated he would like to take his vote back on the previous two real estate offices. He felt we were setting a precedent and felt very uncomfortable with this. He further stated it is a fine line between model homes and offices. Commissioner Kimball would like to see the ordinance rewritten with temporary real estate offices removed and model homes better defined. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT BY CHARLES CHRISTIAN TO ALLOW A TEMPORARY REAL ESTATE OFFICE ON LOT 8. BLOCK 1. DEERFIELD 3RD ADDITION WITH THE FOLLOWING CONDITIONS: . . . Page 3 Planning Commission Minutes 1/26/88 1. ALLOW ONE YEAR TEMPORARY OFFICE QUARTERS TO EXPIRE APRIL 1989. 2. NO ADDITIONAL SIGNAGE FOR THIS TEMPORARY REAL ESTATE OFFICES 3. THAT THE HOURS WOULD BE FROM 8:00 A.M. TO 9:00 P.M. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 6-1. COMMISSIONER KIMBALL VOTED AGAINST THIS REQUEST. The Planning Commission also recommended that temporary real estate offices be removed from residential uses in the City Ordinance and model homes be better defined. 5. Variance Request_El~..:-=~~!:~ld_" Smith/Public Hearing Vice Chairman Barrett noted that this item was tabled at the November meeting to give the petitioner a chance to address the concerns of the Planning Commission. Stephen Rohlf. Building and Zoning Administrator indicated that Mr. Smith has redesigned his proposal and reviewed it as outlined in his memo. 1. It accesses properties to the north and east of the proposed deadend. 2. Provides a way of eliminating the deadend in the future. 3. Provides a way for the lots that would be accessed by that deadend an opportunity to be split further. if and when. City sewer and water ever comes to the area. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST BY MR. GERALD SMITH FOR THE CUL-DE-SAC TO EXCEED THE 500 FT. MAXIMUM LENGTH OF A STREET TO THE EXTENT SHOWN ON THE PLAT MAP. WITH THE STIPULATIONS THAT THE RIGHT-OF-WAY EASEMENTS TO THE NORTH AND EAST BE RECORDED AS SHOWN ON THE PLAT MAP AND THAT THOSE EASEMENTS BE ROUGH GRADED AND SEEDED. COMMISSIONER OLSON SECONDED THE MOTION. THE MOTION PASSED 6-0. COMMI SSIONER KROPUENSKE ABSTAINED FROM THE VOTE. Commissioner Kropuenske felt he had to abstain from the vote as their loan was through 1st National Bank of Elk River. 6. Presentation on Land Evaluation and Site Assessment (LESA) Program (Bill Harju of the Soil and Water Conservation District). Mr. Bill Harju of the Soil and Water Conservation District gave a slide presentation on the LESA Program. Steve Rohlf. Building and Zoning Administrator noted that this was a system for evaluating potential development and to keep the City consistent and organized. Mr. Harju explained this was a tool to give you something more objective to look at. and if interested we will pursue it. . . . Page 4 Planning Commission Minutes 1/26/88 At this time Commissioner Kropuenske made a motion to thank ex-chairman Wilson and Commissioner Temple for their past services. COMMISSIONER KROPUENSKE MOVED TO RECOMMEND THAT THE CITY COUNCIL THANK EX- CHAIRMAN WILSON AND COMMISSIONER TEMPLE FOR THEIR OUTSTANDING SERVICE IN THE PAST AND TO PASS A RESOLUTION TO EXPRESS OUR THANKS. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 7-0. 10. Ordinance Amendment Amending Section 500.06 - Commercial Vehicles on Residential Lots This item was held next because of the number of people present for this issue. Vice Chairman Barrett addressed this item by stating that staff recommends where the ordinance amendment states (9,000) pounds gross weight that it be changed to (11,000) pounds gross weight. Also another possible change is where it states five acres, change it to two and one-half acres as this better fits the lot size requirement in Elk River. There were a number of people present that were opposed to Mr. Harold Navotney, Mr. Bob Holland, Mr. Dan Maher, Mrs. and Mrs. Sederberg who had telephoned the Building Administrator voicing her concerns against this request. this request; Carol Mueller and Zoning Stephen Rohlf, Building and Zoning Administrator explained that he would like to see the ordinance amended to read parking of tractor/trailer combination on lots zoned other than R-lA and A-1 except in platted areas. A lengthy discussion was carried on by the Planning Commission regarding parking of tractor and parking of trailers in R-l and A-1 zones. It was the consensus of the Planning Commission that they would allow the parking of tractors anywhere and allow trailers to be parked only in R-1 and A-1 zoned lots. This would exclude trailers from smaller City lots as they felt it was a hazard moving semi-trailers on narrow streets, and could be a visibility problem. They felt a lot of people had a big investment in semi tractors and felt it reasonable to park them on private property. COMMISSIONER OLSEN MOVED TO TABLE THE ORDINANCE AMENDMENT TO SECTION 500.06. PARKING OF COMMERCIAL VEHICLES ON RESIDENTIAL LOTS UNTIL STEVE ROHLF. BUILDING AND ZONING ADMINISTRATOR REWRITES THAT PART OF THE ORDINANCE AMENDMENT TO REFLECT WHAT WAS DISCUSSED AT THIS MEETING. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION PASSED 7-0. . . . Page 5 Planning Commission Minutes 1/26/88 7. Ordinance Amendment Amending Section 900.30 (1) Receptacles/Public Hearing Screening Trash Steve City Rohlf, Building and Zoning Administrator explained that Staff and Attorneys felt this was an improper section to address this item. Vice Chairman Barrett opened the public hearing. There being no one for or against the item, Vice Chairman Barrett closed the public hearing. COMMI SSIONER KROPUENSKE MOVED TO RECOMMEND TO THE CITY COUNCIL AN ORDINANCE AMENDMENT. TO SECTION 900.30(1) .OF THE CITY CODE AFFECTING SCREENING OF . TRASH RECEPTACLES AS PROVIDED IN THE DOCUMENTATION. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED ]-0. 8. Ordinance Amendment Amending Section Receptacles/Public Hearing. 900.24(11)- Screening Trash Vice Chairman Barrett explained that this ordinance requires trash receptacles to be screened in a design architecturally harmonious with the principal structure. Vice Chairman Barrett opened the public hearing. There being no one for or against the item, Vice Chairman Barrett closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL AN ORDINANCE AMENDMlNT TO SECTION 900.24(11) OF THE CITY CODE TO ADD WORDAGE TO THE ORDINANCE AS WRITTEN AND SUBMITTED. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED ]-0. 9. Ordinance Amendment Amending Section 500.02 - Size of Trash Receptacles Stephen requires garbage units. Rohlf, trash outside Building and Zoning Administrator explained this section receptacles to be sufficient size to prevent storage of of the receptacles. This is aimed at multi-family COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO SECTION 500.02 AFFECTING SIZE OF TRASH RECEPTACLES TO BE SUFFICIENT AS PRESENTED IN DOCUMENTATION PRESENTED. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION PASSED ]-0. 11. Ordinance Amendment Amending Section 900.24 (10) - Parking Stalls for Multi-Family Dwellings/Public Hearing Steve Rohlf explained this ordinance is proposed to be amended to require 2-1/2 parking stalls per multi-family dwelling. This would be one covered parking stall and 1-1/2 off street parking stalls per unit. With most people today owning two vehicles, the regulations do not allow for visitor parking. . . . Page 6 Planning Commission Minutes 1/26/88 COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO SECTION 900.24(10) OF THE CITY CODE AS PRESENTED IN THE DOCUMENTATION PRESENTED. COMMISSIONER KROPUENSKE SECONDED THE MOTION. THE MOTION PASSED 7-0. 12. Ordinance Amendment Amending Section 900.24(4) - Restrictions on Mu1ti- !~il:L~~!~~~~l!'~!>lic Hearing Vice Chairman Barrett noted this ordinance amendment deals with the distance between garages and parking for multi-family dwellings. Steve Rohlf, Building and Zoning Administrator explained that the Fire Chief was concerned that if a car starts on fire within a garage, they will have to pull the car out of the garage in order to fight the fire. This ordinance amendment will allow sufficient room for that to happen. Also, this ordinance amendment requires garage stalls to be a minimum of 10 ft. wide. COMMISSIONER KIMBALL MOVED TO RECOMMEND TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO SECTION 900.20(4) OF THE CITY CODE TO APPROVE THE LANGUAGE AS DOCUMENTED. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 7 -0. 13. Ordinance Amendment Amending Section 900.24(4) - Heigh!s of Accessory Buildings/Public Hearing Vice Chairman Barrett explained this Section is proposed to be amended to increasse the height of accessory buildings. Vice Chairman Barrett opened the public hearing. There being on one for or against the item, Vice Chairman Barrett closed the public hearing. The Building and Zoning Administrator felt that after further review, the 14 ft. for garages in town and the 21 ft. for garages in A-1 and R-1A district should be changed to 15 ft. and 22 ft. respectfully. COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO SECTION 900.20(4) AFFECTING HEIGHTS OF ACCESSORY BUILDINGS BE AMENDED TO READ THAT THE 14 FT. IN HEIGHT BE INCREASED TO 15 FT. AND THAT THE 21 FT. IN HEIGHT BE INCREASED TO 22 FT. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 7-0. . . . Page 7 Planning Commission Minutes 1/26/88 14. E1~~~~ng Commission Representative to Attend Council Meeting on 2/1/88 It was indicated Commissioners Barrett and Commissioner Olsen would represent the Planning Commission at the February 1. 1988 City Council meeting. 14.5 Vote on Chairman and Vice Chairman COMMISSIONER BARRETT MOVED TO APPOINT COMMISSIONER KROPUENSKE AS CHAIRMAN. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION PASSED 6- o. @@MMIDOIONlR BARRITT MOVED TO APPOINT COMMISSIONER KIMBALL AS VICE CHAIRMAN. COMMISSIONER KROPUENSKE SECONDED THE MOTION. THE MOTION PASSED 6-0. 14.6 Other Business Stephen Rohlf. Building and Zoning Administrator. explained that the City Council would like to have a joint meeting with the Planning Commission. This would be a work session. The meeting was tentatively set for February 27. 1988. Discussion was in the summer. another meeting gets too full. special meeting. held regarding an additional Planning Commission meeting It was the consensus of the Planning Commision that would be appropriate for special meetings if the agenda The second Tuesday of every month would be held for the if needed. Commissioner Kropuenske invited the Planning Commission and Staff to the "State of the City" meeting by the Chamber of Commerce. Zoning Seminars and APA membership and MPA membership were discussed. 14.7 Consider 11/2!!1~1.!__111~1~L_~EE 10/27/87 Planning Commission Minutes Consider 10/27 / 81_R_l~EEin~_ S:.?~E1i-E!li-~E_~in.?!=es COMMISSIONER FUCHS MOVED TO APPROVE THE 10/27/87 PLANNING COMMISSION MINUTES. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 5- O. COMMISSIONER OLSEN AND COMMISSIONER JOHNSON ABSTAINED. Consider 11/5/87 Planning Commission Minutes COMMISSIONER MORTON MOVED TO APPROVE THE 11/5/87 PLANNING COMMISSION MINUTES. COMMISSIONER KROPUENSKE SECONDED THE MOTION. THE MOTION PASSED 3-0. COMMISSIONER KIMBALL, OLSEN. JOHNSON AND BARRETT ABSTAINED. Consider 11/24/87 Planning Commission Minutes COMMISSIONER FUCHS MOVED TO APPROVE THE 11/24/87 MINUTES. MORTON SECONDED THE MOTION. THE MOTION PASSED 4-0. BARRETT, OLSEN AND JOHNSON ABSTAINED. COMMISSIONER COMMISSIONER . . . Page 8 Planning Commission Minutes 1/26/88 -------------------------- 15. Adj ournment There being no further business. COMMISSIONER KIMBALL MOVED TO ADJOURN THE MEETING OF THE ELK RIVER PLANNING COMMISSION. COMMISSIONER rUCHS SECONDED THE MOTION. THE MOTION PASSED 7-0. The meeting adjourned at 10:15 p.m. )lna/l()){) fJ? aut- Sharon Maue Recording Secretary slm