03-22-1988 PC MIN
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MINU'1'IS or 'l'H1 ILK RIVER PLANNING COMMISSION MEETING
HELD AT THE ELK RIVER PUBLIC LIBRARY
MARCH 22. 1988
Members Present:
Chairman Kropuenske. Commissioners. Fuchs. Barrett.
Johnson. Morton and Kimball
Members Absent:
Commissioner Olson arrived at approximately 10:45 but did
not take a seat at the table.
Staff Present:
Stephen Rohlf. Building & 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. Consideration of 3/22/88 Planning Commission Agenda
Under Item 11.5. Commissioner Fuchs added general discussion regarding
City Council Action on zoning of properties east of Lowell. Under Item
11.6. Commissioner Fuchs added discussion of "City Council's Action of
Temporary Real Estate Office/Model Homes." "-
COMMISSIONER BARRETT MOVED TO APPROVE THE 3/22/88 PLANNING COMMISIION
AGENDA AS AMENDED. COMMISSIONER MORTON SECONDED THB MOTION. TIll MOTION
PASSED 6-0.
3.
Consideration of 1/26/88 Planning Commission Minutes
eOMMilliONlB rUCBS MOVln
MiNU'l'I1 AI IUlMI'l"l'm) .
MOTION CARRIED 6-0.
'1'0 APPROVE THE 1/26/88 PLANNING COMMISSION
COMMISSIONER JOHNSON SECONDED THE MOTION. THE
4.
Consider Multiple Principal Building on a Lot by
Martin/P.H.
Edmond
"Chip"
Stephen Rohlf.
explained Mr.
dwelling units.
the property.
grandfathered-in
Building & Zoning Administrator. introduced this item. He
Martin is proposing to add bathrooms to each of his five
Currently there is one bathroom serving all the units on
The multiple principal buildings on this lot are a
nonconforming use.
Chairman Kropuenske opened the public hearing.
Carole Dahmen of 1184 6th Street questioned whether this area was going
to be rezoned.
Allan Orsborn of 622 Proctor was concerned if this was going to affect
the value of his property.
Fern Komar of 617 Proctor questioned whether these units would be large
enough to accommodate a family and also whether they would remain a
grandfathered-in nonconforming use. if the property were ever sold.
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Planning Commission Minutes
March 22, 1988
Chip Martin explained that these units would be used to house mostly
single individuals. He would like to make improvements on these units.
Mr. Martin felt that this was not a dream lot to build on as it was next
to the railroad tracks and was a hard lot to do anything with because of
its odd size. Mr. Martin further noted that he wanted to see if it was
economically feasible to do the necessary repairs or perhaps remove the
units and build something else.
There being no further comments or questions, Chairman Kropuenske closed
the public hearing.
Stephen Rohlf, Building & Zoning Administrator explained that Russ
Anderson and himself reviewed the property and discussed with the
Commission their concerns: 1) wiring appeared dangerous 2) structural
soundness of the buildings 3) units served with oil stoves had improper
clearance 4) sewer line for the one bathhouse is reportedly below the
City sewer line in the street 5) there are not proper fire walls between
the units 6) there were no smoke detectors (these were installed
immediately after the inspection). He further explained that the Fire
Chief and State Electrical Inspector will be dealing with the most
serious of these problems immediately.
The Planning Commission discussed parking. Commissioner Kimball asked if
it was possible to get the amount of parking required. The Building &
Zoning Administrator stated that he thought there wasn't enough room for
garages but would like to see 1-1/2 hardsurfaced off street parking
stalls.
Commissioner Johnson was concerned about the parking and felt there were
too many buildings for such a small lot.
Commissioner Fuch noted that he had reviewed the site and could not see
it being restored. He felt this was detrimental to adjoining property
owners and neighborhood. Commissioner Fuchs indicated that he would like
to see a better sketch of what this site would be like redone.
Chairman Kropuenske felt much the same as Commissioner Fuchs. He felt it
was hard to visualize what this would look like restored and felt this
was detrimental to the rest of the area.
COMMI SSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE
REQUEST FOR CHIP MARTIN'S CHANGES TO HIS PROPERTY AS THIS WOULD BE
DETRIMENTAL TO THE AREA. COMMISSIONER MORTON SECONDED THE MOTION. THE
MOTION PASSED 5-1. COMMISSIONER BARRETT VOTED AGAINST THE MOTION.
Commissioner Barrett was in favor of the improvements. He would like to
see Mr. Martin be allowed to make the necessary improvements to bring the
units up to code.
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Planning Commission Minutes
March 22. 1988
5. Signage Request by Goodyear Auto and Tire
Stephen Rohlf. Building & Zoning Administrator indicated that Goodyear
Auto and Tire lies within Barrington Place PUD. There is no set
limitation on the amount of signage within a PUD except those 1iminations
governed by the Planning Commission. Lot frontage is used as a basis for
signage in a PUD same as would be allowed in a commercial zone to stay
consistent.
The Planning Commission discussed signage. Commissioner Morton would
prefer to see something smaller and comply more with total amount of
signage allowed. Chairman Kropuenske and Commissioner Kimball were
also in agreement with Commissioner Morton and felt the signage could be
somewhat smaller and still get highway exposure.
The Building & Zoning Administrator suggested rearranging the signage on
the building. Commissioner Barrett was in agreement.
Commissioner Kimball asked if another sign could be taken down and put
the additional signage on the building as long as it did not exceed the
existing 253 square footage.
Commissioner Johnson was concerned about the other businesses in the area
and what was the determining factor for their signage.
Jeff Bradway of Goodyear discussed his reasoning for the additional
signage. They have a new program "Certified Auto Service" which is
nationwide and not all Goodyear Auto Stores meet the criteria to handle
this service. He would like to see this advertised on a pylon sign with
highway exposure.
It was the consensus of the Planning Commission to have Goodyear stay
within the total amount of signage they have but rearrange it and stay
within the 253 sq. ft. of signage.
Mr. Bradway agreed to accept the requirements that no additional signage
be added to the pylon sign but make additional changes to the building
signage instead as long as it does not exceed the 253 sq. ft.
COMHI SSIONER MORTON MOVED TO NOT ALLOW GOODYBAa AUTO AND '1'111 TO ADIJ
ADDITIONAL SQUARE FOOTAGE TO THE PYLON SIGN BUT TO ALJ.,OW aoODfIAi T@ MAiM
CHANGES TO THE BUILDING SIGNAGE AS LONG AS '!'HI! DO NOT IXCIIIJ mIl
EXISTING 253 SQUARE FEET OJ!' SIGNAGE. ALSO '!'HI NIW IIfJlMi MAY Ii
LIGHTED.COMMISSIONER KIMBALL SECONDED THE MOTION. TlI MOTION 'AlliIJ
6-0.
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Planning Commission Minutes
March 22. 1988
6. Consider Request for Multiple Principal Commercial Buildings on a Lot by
Mark Zieska/P.H.
Stephen Rohlf. Building and Zoning Administrator introduced this item.
He indicated Mr. Zieska is requesting a conditional use permit to allow a
second commercial building on the same lot for retail rental space. The
lot in question. lies directly east of Sneaky Petes. He felt the lot
could accommodate two buildings.
Chairman Kropuenske opened the public hearing for both the variance and
multiple principal commercial buildings per lot at this time. No one
appeared for or against this request. Chairman Kropuenske closed the
public hearing.
Discussion took place regarding parking. Mr. Zieska indicated that there
would be ample parking with or without the variance.
Mr. Zieska explained. if allowed the variance. the building would be much
more pleasing to the eye. concealing Sneaky Pete's dumpster and storage
area. Mr. Zieska explained Sneaky Pete's had no problem with crowding
the lot line.
COMMl SSlONER BARRETT MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF A
RIQUEST I'OR MULTIPLE COl4MERCIAL BUILDING ON A LOT BY MARK ZIESKA WITH
THE I'OLLOWING CONDITIONS:
1. EACH BUILDING ON SITE IS REQUIR.ED AT LEAST ONE LOADING BERTH AS
SHOWN ON SITE PLAN OR BE ALLOWED TO USE PARKING STALLS AS LONG AS
IT IS DURING NON-PEAK BUSINESS HOURS.
2. THAT THERE IS A MINIMUM OF 70 PARKING STALLS STRIPED AND
HARD SURF ACED .
3. THAT THB PARKING LOT IS LIT TO 1-1/2 FT. CANDLES AND THAT THE LIGHT
IS DIRECTED AWAY FROM ADJACENT ROAD RIGHT-OF-WAY.
4. THAT THE SlGNAGB BE AS PER CITY CODE OR REVIEWED AND APPROVED BY THE
PLANNING COMMISSION.
5. THAT A MINIMUM 01' 201 OF THE LOT BE GREEN SPACE. LANDSCPAED WITH AT
LEAST GRASS.
6. THAT THE SITE PLAN AS DRAWN SHOWS ADEQUATE AREA FOR DRAINFIELD. THE
SIZE SHOULD BE DBTERMINED BY DARRELL MACK. SEWER SUPERINTENDENT
PRIOR TO BUILDING PERMIT ISSUANCE.
7. THAT A DRAINAGE PLAN BE APPROVED BY TERRY MAURER. CITY ENGINEER.
SHOWING THAT THE INCREASED DRAINAGE FROM THIS LOT WILL NOT BE A
PROBLEM TO ADJACENT PROPERTIES. '
8. THAT THE DUMPSTER I'OR THE PROPOSED BUILDING BE SCREENED AT LEAST ON
THB NORTH AND WEST SIDES IN A DBSIGN HARMONIOUS TO THE ARCHITECTURAL
DESIGN OF THE BUILDING.
9. THAT ALL SETBACKS REQUIREMENTS ARE MET.
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Planning Commission Minutes
March 22, 1988
10. THAT THI BUILDING BE BAKED ENAMEL COLORED STEEL INCLUDING THE ROOF,
II IT IS STIIPll THAN A 1/2 IN 12 PITCH. THAT THERE BE TWO PILLARS,
4 rT. IN WIDTH ON THE I'RONT CORNERS OF BOTH BUILDINGS ON THE SITE
AND A MINIMUM 01' 3 FT. HIGH AND 15 FT. FROM EACH CORNER OF THE MAIN
ENTRANCE OF THE NEW BUILDING.
11. THAT A PA1U.CING STALL IS ILIMINATED IN FRONT OF EACH EXIT FROM THE
BUILDING AND THAT ALL DRIVES BE A MINIMUM OF 20 FT. IN WIDTH FREE OF
OBSTRUCTION AS PER THE FIRE CHIEF'S RECOMMENDATION.
COMMISnONll lUCRS SICONDED THE MOTION. THE MOTION PASSED 6-0.
7. Consider Variance Request by Mark Zieska/P.H.
Stephen Rohlf, Building & Zoning Administrator explained that Mr. Zieska
does not meet the five standards for granting a variance. Wanting a
second building on a lot does not constitute a hardship. Mr. Zieska's
building could be accomplished on this lot without a variance.
Therefore, staff is recommending denial of the 15 ft. encroachment on the
20 ft. sideyard setback.
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Chairman Kropuenske reviewed the five standards for a variance and felt
he could not vote for this variance as the five standards are not met.
He felt we had to stay uniform in our variance procedures and not set a
precedent.
Staff was recommending denial for this variance because it did not
constitute a hardship.
Commissioner Kimball also felt because Mr. Zieska does not meet the
standards for a variance he could not approve this request.
(;i_I ~~I@WI IAlUTT MOnD TO llCOMMBND TO THE CIn COUNCIL TO DENY THE
VAlIANCI lilQUIST rOR MARK ZIISK' S SICOND BUILDING AS IT DOES NOT MEET THE
fIVI ITAfI)Am)S 1'01 A VAlIANCE. COMMISSIONER MORTON SECONDED THE MOTION.
THE MOTION CARRIED 6-0.
8. Consider Zone Change Request by Dennis Anderson/Public Hearing
Stephen Rohlf, Building and Zoning Administrator explained that Mr.
Anderson is requesting a zone change on a parcel of property from R-
1C/Sing1e Family Residential to R-2B/Townhouse and Multi-Family
Residential. Probably the most intensive principal use of R-2B zoned
property is a 4 unit townhouse or multi-family dwelling.
Commissioner Kropuenske cautioned the Planning Commission a zone change
should be consider by itself and not in conjuction with another matter
due to the fact zone changes can not have conditions set upon them.
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Chairman Kropuenske opened the public hearing.
Carol Mills representative of Guardian Angels Nursing Home, stated that
she was in favor of this request. She felt that Mr. Anderson's
development was of good quality.
There being no further comments from the public, Chairman Kropuenske
closed the public hearing.
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Planning Commission Minutes
March 22, 1988
Discussion took place regarding the height of the building. Mr. Anderson
stated that the building would be 1 foot above the flood plain.
The Building & Zoning Administrator explained that the State law dictates
that a zone change can only be approved if it is an original mistake,
changed circumstance or consistency with the Land Use Plan.
COMMISSIONER BARRETT MOVED TO RECOMMEHD TO THE CITY COUNCIL A"lOVAL 1'01
A ZONE CHANGE REQUEST BY DENNIS ANDERSON FROM R-IC/SINGLE FAMILY
RESIDENTIAL TO R-2B/TOWNHOUSE AND MULTI-FAMILY RESIDDTIAL BECAUSE IT
MEETS THE CRITERIA OF THE STATE LAW AND COMPLIES WITH THE LAND USE MAP.
COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION PASSED 6-0.
At this time a short recess was taken.
9.
Consider Conditional
Salonek/P.H
by
Airport"
Cbarles
Permit
"Private
Use
Tbe Building & Zoning Administrator explained Airports are a
conditional use within an A-l zone. Tbe runway in question is a
grandfathered-in nonconforming use. The petitioners wish is to expand
this use by adding a hanger.
Mr. Salonek stated their intention was to design a building to look like
a horsebarn to fit tbe character of the neigbborbood. They did not want
to disrupt the area. This would be a private airport (private planes
only) and not used for commercial.
Chairman Kropuenske opened tbe public bearing. There being no one for or
against tbe matter. Chairman Kropuenske closed the public bearing.
Commissioner Johnson questioned tbe obstruction to the soutbeast of the
airport mentioned in the FAA letter. Mr. Salonek noted that the
obstruction was powerlines which is not in tbe immediate vacinity of the
runway.
The Building and Zoning Administrator stated be would like to suggest
tbat since the property is not in one single ownership, but is to be used
by more than one party, staff is recommending tbat the runway is
described with an easement and recorded with tbeir properties. The
runway physically sets on Salonek's and Varner's property.
Commissioner Johnson was concerned about take off noise. Mr. Salonek
indicated that tbe noise would not be any louder than that of a cbain
saw. Mr. Salonek explained that the only time tbey would use tbe runway
at night would be to land, whicb does not make much noise.
Tbe following concerns were discussed by the Planning Commission: That
tbe runway be used for private and not commercial uses; the number of
planes using the runway; and lighting of tbe runway.
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Planning Commission Minutes
March 22. 1988
The Building & Zoning Administrator stated he felt comfortable with this
request after talking to experts regarding runways.
COMMISSIONER KIMBA1.1. MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF
THE CONDITIONAL USE PEUIT REQUESTED BY CHARLES SALONEK TO ALLOW THEM
TO BUILD A HANGER IN AN A-l/AGRICULTURAL ZONED DISTRICT WITH THE
FOL1.0WING STIPULATIONS AS OUTLINED IN THE BUILDING & ZONING
ADMINISTRATOR'S MEMO:
1. THAT THI RUNWAY IS DISCRIBED BY AN EASEMENT AND RECORDED WITH
VARNER'S AND SALONEK'S PROPERTY.
2. THAT A MAINTENANCE AGREEMENT BE ESTABLISHED FOR THE ACCESS TO THE
IUNWAY AND HANGIR. A 1.EGAL DESCRIPTION OF THE ACCESS MUST BE
'IOVI))II) BY TUB PITITIONERS. THI ACCESS MUST BE A MINIMUM 7 TON
DISICNID ROAD, AT 1.IAST 8 FT. WIDI WITH A MINIMUM OF 14 FT. OF
HIIOIIT C1.IAIANCI AS PER RUSS ANDERSON'S RECOMMENDATION.
~. THAT TIll MAXIMUM NUMBIR OF PLANES USING THE RUlfdAY IS FIVE. VARNER
Mm ItnsANIK All USPONSlB1.1 FOR THI FIVE AIRPLANES USING THE RtJRWAY
AND THAT THEY USE IT SAFELY.
4. THAT '1'111 RUNWAY IS NOT USED FOR ANY COMMERCIAL USE
;. THAT TIll 'ITITtONERS ARI A1.1.0WED TO 1.IGHT THE RUNWAY WITH LANDING
tICHTS IN TIll ruTUU WITHOUT AN ADDITIONAL CONDITIONAL USE PEUIT.
6. THAT THIRE I S A TWO YEAR REVIEW.
eJ@MMu,noult rvCHS SICONDtm THI MOTION. THE MOTION CARRIED 6-0.
10. Ordinance Amendment Amending Section 500.06 - Commercial Vehicles on
Residential Lots
Chairman Kropueneske opened and closed the public
hearing.
COMHI SSIONER MORTON MOVED TO RECOMMAD TO '1'111 CITY COUNCIt AI OImINAI~
AMENDMENT AMENDING SECTION 500.06 PUB1.IC NUISANCIS AFFECTING 'IACI AIm
SAFETY AS PRESENTED. COMMISSIONER FUCHS SECONDED Till MOTIOI. THI MOTION
CARRIED 6-0.
11. Planning Commission Representative to Attend Council Meeting on 4/18/88
It was indicated that Commissioner Fuchs and Commissioner Johnson would
represent the Planning Commission at the April 18. 1988 City Council
meeting.
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Planning Commission Minutes
March 22, 1988
~ 11.5 Other Business
General discussion was held regarding the City Council's request for the
Planning Commission to review the zoning of properties west to Lowell
Avenue and south of Main Street.
It was the consensus of the Planning Commission that the property south
of Main Street and east of Lowell to King Avenue (one lot south of Main)
be zoned C-2/Central Commercial and south of that be zoned
R-2B/Two-Family Residential.
11.6 Time Frame for Model Homes
Discussion was carried on
Commission reaffirmed that
from the City Ordinance.
in regards to Model Homes. The Planning
temporary Real Estate Offices be eliminated
12. Adjournment
There being no further business, COMMISSIONER MORTON MOVED TO ADJOURN THE
~1'1N@ or TUI ILK RIVIR PLANNING COMMISSION. COMMISSIONER FUCHS
IICONDID TIll MOTION. THE MOTION CARRIED 6-0.
The meeting of the Elk River Planning Commission adjourned at 11:15 p.m.
~ ~4fM,
Sharon Maue
Recording Secretary
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