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05-24-1988 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER - PUBLIC LIBRARY MAY 24. 1988 Members Present: Chairman Kropuenske. Commissioners. Johnson. Fuchs. Morton. Kimball and Olsen Members Absent: Commissioner Barrett Staff Present: Stephen Rohlf. B & Z 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 5/24/88 Planning Commission Agenda Pursuant to due call and notice thereof. the meeting of the Elk River Planning Commission was called to order at 7:00 p.m. Item 10.5 - Overview of the format for the Growth Management Task Force (GMTF) meeting was added to the agenda. Item 5 was moved to 9.5 since Mr. Houle indicated he could not be at the meeting until after 8:00 p.m. COMMISSIONER KIMBALL MOVED TO APPROVE THE PLANNING COMMISSION AGENDA AS AMENDED. COMMISSIONER FUCHS SECONDED THE MOTION~ THE MOTION PASSED 6-0. 3. Consider 4/26/88 Planning Commission Minutes COMMISSIONER FUCHS MOVED TO APPROVE THE 4/26/88 PLANNING COMMISSION MINUTES. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 6- o. 4. Determination of Use by Roger Leech Chairman Kropuenske read the definition of a "Determination of Use." Stephen Rohlf. Building & Zoning Administrator. explained that in order for this use to be allowed. it has to be substantially similar to an existing use classification within the zone being considered. He further stated that Mr. Leech's request would not be incompatible within Mr. McChesney's building. Discussion was held on how much work would be done indoors. Since it will be strictly contract only use. there will not be many cars there at one time. Since the building is in an H-3 occupancy. it already meets strict codes. COMMISSIONER KIMBALL MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF 'l'M1 DETERMINATION OF USE.' KNOWN AS ' 'AUTO DETAILING. -BE ALLOWED AS A PRINCIPAL USE AS IN AN INDUSTRIAL 'ZONE- (PRODUCT-PROCESSING). COMMISSIONER JOHNSON SECONDED THE MOTION~ - THE MOTION PASSED 6-0. -- . . . Page 2 Planning Commission Minutes May 24. 1988 6. Signage Request by Big Wheel Auto Stephen Rohlf introduced this item stating that the minutes of the 7/28/87 Elk River Planning Commission agreed upon a maximum height of 25 ft. for the freestanding sign. Mr. Mike Johnson of Sign Crafters stated that Big Wheel Auto wanted a sign 35 ft. in height so they would be known as Big Wheel Center. It would also be easier for people passing by to notice them since that would be their only sign facing the highway. He further stated that 20% of their business comes from people seeing the sign. Chairman Kropuenske said that the trees would break up the sign if it were at a lower elevation. Mr. Johnson would have to contact the DNR about clearing away some of the trees. COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE SIGNAGE REQUEST BY BIG WHEEL AUTO WITH THE FOLLOWING CONDITIONS: 1. THAT THE FREESTANDING SIGN BE A MAXIMUM OF 20 FT. IN HEIGHT AND 64 SQ. FT. IN TOTAL SIZE.. 2. THAT EACH TENANT BE ALLOWED 128 SQ. FT. OF WALL SIGNAGE ON ANY SIDE OF THE BUILDING. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 6-0. 7. Ordinance Amendments/P.H. Discussion was held as to whether New Creation Homes should be allowed to function as a temporary real estate office. The Building and Zoning Administrator noted that while he was out of town. an application was processed by one of his staff. for New Creation Homes for a temporary real estate office. Mr. Mike Leary of New Creations Homes stated that they wanted a receptionist there during regular office hours. Sometimes a contract is signed in the model home but most of the paper work was done at the downtown office. Chairman Kropuenske indicated he didn't want to see a full-blown office in the home. Mr. Leary said they needed to be competetive with other contractors. He feels they should be allowed the same treatment as Christian and Ziegler. . . (e Page 3 Planning Commission Minutes May 24. 1988 Commissioner Olsen wanted to table discussion until staff could write up some new guidelines for model homes. Mr. Rohlf indicated that he has already contacted at least a dozen other cities and has information on their guidelines Chairman Kropuenske opened the public hearing. Mr. Leary stated that sometimes (during Spring Preview) they will need more desks and furniture than what a model home requires. Chairman Kropuenske closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE ORDINANCE AMENDMENT AMENDING SECTION 900.16(2}-CONDITIONAL USES BY DISTRICT SUBSECTION 2-R-1 AND R-2 RESIDENTIAL DISTRICTS. COMMISSIONER OLSEN SECONDED THE MOTION. THE MOTION PASSED 5-0 WITH CHAIRMAN KROPUENSKE ABSTAINING FROM THE VOTE. COMMISSIONER OLSEN MOVED TO TABLE ORDINANCE AMENDMENT AMENDING SECTION 900.08(2) - DEFINITIONS. THE MOTION DIED DUE TO LACK OF SECOND. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THI ORDINANCE AMBNDMBNT AMENDING ORDINANCE 900.08(2} ADDING THE FOLLOWING WORDAGE. 1. THAT SOMEONE TO STAFF THE MODEL FULL TIME IS ALLOWED. 2. THAT THERE BE NO PERMANENT SALES STAFF OFFICED THERE. 3. LIMITED TO MARKETING HOMES IN THE SUBDIVISION OR CONCEPT REPRESENTED BY THE MODEL. EXCLUDING FORMERLY OCCUPIED HOMES OR LOTS IN OTHER SUBDIVISIONS. It, 'r1lA'!' A M(}DIt. II ALLOWED TO BE OPEN TO THE PUBLIC FROM 9: 00 A. M. TO 9:00 P.M. ;. OCCASIONAL MEETINGS BE ALLOWED. 8: 'I'M'!' BIGNAGE BE THAT OF A MODEL HOME (NOT OFFICE). 7. 'rltl INSIDE AND OUTSIDE LOOK LIKE A HOME. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 4-1 WITH CHAIRMAN KROPUENSKE ABSTAINING FROM THE VOTE AND COMMISSIONER OLSEN VOTING NAY. 8. Consider Conditional Use Permit Request for a Temporary Real Estate by New Creations Homes/P.H. Chairman Kropuenske introduced the item. He explained that New Creation Homes is requesting a conditional use permit to allow a temporary real estate office. The model home's address is 11625 197th Avenue NW and lies within an R-lA zone. . . . Page 4 Planning Commission Minutes May 24, 1988 COMMISSIONER OLSEN MOVED TO RECOMMEND APPROVAL TO THE CITY OF THE CONDITIONAL USE PERMIT TO OPERATE A TEMPORARY REAL ESTATE OFFICE BY NEW CREATIONS HOMES. THE MOTION DIED DUE TO LACK OF SECOND. Chairman Kropuenske opened the public hearing. Mr. Leary felt that the Planning Commission should approve the request. Chairman Kropuenske closed the public hearing. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE REQUEST BY NEW CREATIONS HOMES FOR A CONDITIONAL USE PERMIT BASED ON THE CURRENT OPERATIONS WITHIN THE CONFINES 'OF THE MODEL HOME. COMMISSIONER FUCHS SECONDED THE MOTION.' THE MOTION PASSED 4-1 WITH COMMISSIONER OLSEN VOTING NAY AND CHAIRMAN KROPUENSKE' ABSTAINING SINCE NEW CREATIONS IS A CUSTOMER OF HIS EMPLOYER. . 9. Consider Variance Request by Mark Coombs/P.R. Chairman Kropuenske explained that Mr. Coombs was requesting a 120 ft. encroachment on the 300 ft. setback required from neighboring residences to an agricultural building. Stephen Rohlf stated that he went over the five standards for granting a variance request with Mr. Coombs. Mrs. Coombs stated that somebody at City Hall told her that they did not need a permit and that the building could be placed within 5 ft. of the property line so they had the earth moved which cost $1,000. Chairman Kropuenske opened the public hearing. Mr. Bill close to enforced. Osborn of 18763 Cleveland Street said he did not want a barn so the front of his house. He would like to see the ordinance Staff suggested that maybe there was some confussion between an agricultural permit and a building permit. Chairman Kropuenske closed the public hearing. COMMISSIONER KIMBALL MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE VARIANCE REQUEST BY MARK COOMBS BECAUSE IT DIDN'T CONSTITUTE A HARDSHIP. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION PASSED 6-0. . . . Page 5 Planning Commission Minutes May 24. 1988 -------------------------- 9.5 Determination of Use by Wally Houle Chairman Kropuenske introduced the item. He stated that Mr. Houle is considering having a vehicle impound lot on his site located at 17069 Highway 10. This would be an accessory to his towing company. Staff feels it should not be considered outside storage since used cars in car lots are not. Discussion was held on screening around the cars. COMMISSIONER KIMBALL MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE DETERMINATION OF USE BY WALLY HOULE ~ COMMI SSIONER FUCHS SECONED THE MOTION. THE MOTION PASSED 6-0. 10. Planning Commission Representative to attend City Council Meeting on June 20. 1988 It was indicated that Chairman Kropuenske and Commissioner Johnson will represent the Planning Commission at the 6/20/88 City Council Meeting. Commissioner Barrett will take the next meeting of the City Council since he was not present at tonight's meeting. 10.5 Item 10.5 - GMTF Format Discussion was held on the meeting of the Growth Management Task Force (GMTF) to be held on May 31st at the Senior High School. It was decided to have both oral and written questions. 11. Adjournment There being no further business. COMMISSIONER FUCHS MOVED TO ADJOURN THE MEETING OF THE ELK RIVER PLANNING COMMISSION. COMMISSIONER OLSEN SECONDED THE MOTION. THE MOTION PASSED 6-0. The meeting of the Elk River Planning Commission adjourned at 9:45 p.m. i(~S;~(fiJ Kate Skogstad slm