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06-28-1988 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY JUNE 28, 1988 Members Present: Chairman Kropuenske, Commissioners Fuchs, Johnson, Barrett & Kimball. Commissioner Olsen was present 8:20 until 10:05 p.m. Members Absent: Commissioner Morton Staff Present: Stephen Rohlf, B & Z Administrator and Steve 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. 2. Consider 6/28/88 Planning Commission Agenda Item 12.5 - Determination of Use by Northstar Service Center/16501 Highway 10 was added to the agenda. Item 5.5 - Consider Planning Commission minutes of 6/20/88 was also added to the agenda. COMMISSIONER KIMBALL MOVED TO APPROVE THE 6/20/88 AGENDA AS AMENDED. COMMISSIONER ruCHS SICONDEDTHE MOTION. THE MOTION PASSED 5-0. 3. Consider 5/17/88 Planning Commission Minutes COMMISSIONER KIMBALL MOVED TO APPROVE THE 5/17188 PLANNING COMMISSION MINUTES. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 5-0. 4. Consider 5/24/88 Planning Commission Minutes Commissioner Johnson noted that on page 3, number 2 - it should read "officed there" instead of "office there". COMMISSIONER FUCHS MOVED TO APPROVE THE 5/24/88 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION PASSED 5-0. 5. Consider 5/31/88 Planning Commission Minutes COMMISSIONER PUCHS MOVED TO APPROVE THE 5/31/ 88 PLANNING COMMISSION MINUTlS. COMMISSIONER JOHNSON SECONDED'THE MOTION. THE MOTION PASSED 5-0. 5.5 Consider 6/20/88 Planning Commission Minutes Commissioner Fuchs stated that on page 1, Item No. 2 - it should read "Multiple Principle Building" "not buildings." . .. . Page 2 Planning Commission Minutes June 28. 1988 COMMISSIONER FUCHS MOVED TO APPROVE THE 6/20/88 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER JOHNSON SECONDED THE . MOTION. THE MOTION PASSED 5-0. 6. Variance Request by Chuba Company/P.H. Chairman Kropuenske opened the discussion by reading the five standards for granting a variance. Chairman Kropuenske opened the public hearing. Mr. Dennis Chuba stated that the variances were needed to develop the area around the marsh. which has an irregular shore line. He further stated that two reasons for the encroachment is to see the water from the houses and to avoid future flooding. He would like to see an upscale development. Chairman Kropuenske closed the public hearing. Stephen Rohlf. B & area have their (either the top added.) Z Administrator. is requesting that the houses in this lowest floor elevation above the overflow of the pond of 175th Street or the level of a culvert if one is It was noted by Mr. Chuba that each house will access on to 175th Street eventually. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST BY CHUBA CO - REASONS BEING THAT EACH HOUSE HAS A VIEW OF THE POND AND TO AVOID FUTURE FLOODING. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION PASSED 5-0. 7. Variance Request by Beaudry Oil Company (for car wash in C-3A zone)P.H. Beaudry Oil Company of 335 Lowell Avenue. Elk River. is requesting a 20 ft. encroachment on the 20 ft. side yard setback required in a C-3A zone to accommodate a car wash. Mr. Mike Leary started the discussion by stating that it would be an aesthetically pleasing location to put the car wash. Stephen Rohlf stated that the car wash is to be associated with the service station and convenience store. which are principle uses in a C-3A zone. The property line would run right through the proposed car wash. That property line is proposed to be moved by Beaudry Oil at the same council meeting this variance is reviewed. Another concern was crossing the property line with sewer and water. What would happen if the existing car wash was sold? Would it still be possible to get water from the new owner? . . . Page 3 Planning Commission Minutes June 28. 1988 Steve Rohlf explained that the ordinance stated there had to be a rare situation or extreme hardship to grant the variance request for water and sewer lines from one lot to serve a building on another lot. Chairman Kropuenske opened the public hearing. There being no one for or against the item. Chairman Kropuenske closed the public hearing. Commissioner Fuchs was concerned about the traffic flow in and out of the site. Mr. Beaudry said that there was a big enough sweep to allow cars to turn around on the site. Stephen Rohlf questioned whether MnDot approved the new access shown on the site plan. Beaudry explained that he had a verbal okay and was waiting for a written approval. He would have to pay for new curbing and maybe put up a one way sign. Commissioner Barrett stated he would see no problem with the variance. Steve Rohlf read a statement from Mr. Rolland Boll of 321 Morton stating that Mr. Boll was oppossed to the variance gnd that granting the variance was setting a precedence. The conditional use permit was also discussed. Commissioner Johnson questioned if the variance met the criteria. Steve Rohlf said it could not be an economic hardship. The idea of putting the car wash on the side of the convenience store was discussed. Mr. Beaudry felt it wouldn't look nice and probably would hurt business. Commissioner Fuchs stated that he was inclined to deny the variance request. Stephen Rohlf stated that it would be possible to move the lot line to the west side of the car wash. Mr. Beaudry was agreeable to this idea. if it was better for the City. Commissioner Olsen arrived at this time. Mr. Beaudry was given the option to withdraw his request or go through with it. The Planning Commission recommended that he go through with it. OOMMISI10Nll\ ruCKS MOVED TO DENY THE VARIANCB REQUEST BY BEAUDRY OIL COMPANY ON THB GROUNDS' THAT IT DID NOT MEET THE VARIANCE STANDARDS. COMMISSIONER KIMBALl. SECONDED THE 'MOTION. THE MOTION PASSED. 4..;..0 WITH CHAIRMANKROPUENSKE ABSTAINING DUE TO POSSIBLE CONFLICT OF INTEREST AND COMMISSIONER OLSEN ABSTAINING SINCE HE ARRIVED LATE. . . . Page 4 Planning Commission Minutes June 28, 1988 8. Conditional Use Permit Request (Car wash in a C-3A Zone) by Beaudry Oil Company/P.H. This item was not acted upon since the variance request was denied. However, the Planning Commission recommends the following conditons, if the Council chooses to approve the variance: 1. There be at least 20% greenspace. 2. There be at least a 5 ft. opaque fence to the west and south of the lot. 3. The traffic pattern as proposed on the site plan is acceptable, but is contingent upon the MnDot approving the new access. 4. That a drainage be approved by the City Engineer. 9. Variance Request (Expansion of a Non-Conforming Use Car Wash in a C-1 Zone) by Beaudry Oil Company/P.H. Chairman Kropuenske opened the public hearing. There being no one for or against the item, Chairman Kropuenske closed the public hearing. Discussion was held on remodeling the gas station into an office. The remodeling it would change the overall value of the building and raise the assessed value. Steve Rohlf felt that the proposed car wash would not exceed the 25% allotted amount for an expansion of a Non-conforming Use. The Planning Commission felt the 25% amount should only be on the building itself, not the car wash equipment. Commissioner Kimball questioned whether removing the tanks would lower the value of the property. Mr. Beaudry noted that they were assessed for a small amount. COMMISSIONER BARRETT MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST OF A NON-CONFORMING USE BY BEAUDRY OIL INCLUDING THE PROPOSED AUTOMATIC CAR WASH CONTINGENT UPON MR. BEAUDRY COMING IN WITH A FIRM QUOTE STATING THAT THE ALTERATION WOULD NOT BE IN EXCESS OF 25% OF THE ASSESSED VALUE OF THE IMPROVEMENTS ON THE PROPERTY. ALSO. IT MET THE VARIANCE STANDARDS. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION PASSED 5-0 with one abstension. 10. Variance Request by Beaudry Oil Company (Garage)/P.H. Steve Rohlf started the discussion by noting the power1ine above the site and a possible easement on the power1ine. He further stated that he would pursue the removal of the power1ine whether the variance was granted or not. . . . Page 5 Planning Commission Minutes June 28, 1988 Chairman Kropuenske opened the public hearing. Mrs. Barbara Maricle of 1234 6th Street was oppossed to the request. She was concerned with the truck traffic and the children in the street. She didn't want any additional traffic. Mr. Beaudry said there would actually be less traffic. He further stated that it would be used for motor oil storage which is non-flammable. Chairman Kropuenske closed the public hearing. Commissioner Fuchs commented that there was very little sense in Mr.Beaudry having to find an additional site to store his trucks. Putting a fence up along Quinn to avoid having the site used as a shortcut was also discussed. Commissioner was a very bulk plant. Olsen was concerned about the traffic. Mr. Beaudry said it limited street. There was also a fire hydrant next to the He couldn't find a more ideal location for storage. Commissioner Johnson questioned where fire trucks would enter the property and was informed that the fire department would fight a fire from Quinn and Proctor. COMMISSIONER OLSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST BY BEAUDRY OIL, SINCE THERE WAS A HARDSHIP DUE TO THE SHAPE OF THE PROPERTY, WITH THE FOLLOWING CONDITIONS: 1. THAT THE POWElU.INE ABOVE THE PROPERTY BE REMOVED. 2. THAT NO FUEL TRUCKS ARE PARKED IN THE BUILDING. 3. THAT THE BUILDING BE SPRINKLED. 4. THAT THERE BE A FENCE ALONG QUINN AVENUE. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION PASSED 4-2 WITH CHAIRMAN KROPUENSKE ABSTAINING AND COMMISSIONER KIMBALL VOTING NAY. COMMISSIONER KIMBALL MOVED TO HAVE STAFF PURSUE THE MOVING OF THE POWElU.INE ABOVE KEN BEAUDRY'S PROPERTY. COMMISSIONER OLSEN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 12.5 Determination of Use/Northstar Service Center Steve Bjork, Zoning Assistant, introduced this item. He stated that Northstar Service Center of 16501 Highway 10 is requesting that the City of Elk River consider a determination of use for a sign. Page 6 Planning Commission Minutes June 28. 1988 . Staff feels that Northstar's current sign situation is that of legal non- conforming. The City Ordinance allows for one freestanding sign per premises. There are two signs at this location. One sign also exceeds the 20 ft. maximum height allowed. However. both signs have been in use during the last year. Staff feels Northstar changing the sign face falls under change of copy. The estimated value of the sign structure is $3.900. The proposed sign face is estimated at $1.400 and wouldn't exceed 50% of the total value for the sign. Steve Rohlf noted that both signs were grand fathered in when the new sign ordinance was adopted. Discussion was held on whether or not the sign should be moved. The business would suffer if the sign wasn't allowed to be 35 ft. high. The traffic doesn't see the station until it is too late to stop. therefore. a bigger sign is needed. Commissioner Fuchs stated that he doesn't like the taller signs. COMMISSIONER JOHNSON MOVED TO RECOMMEND TO THE CITY COUNCIL TO ALLOW NORTH STAR SERVICE CENTER TO REPLACE A SIGN FACE AT THE FULL HEIGHT OF THE IXISTING 35 FT. HIGH POLES. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION CARRIED 6-0. 11. Date for Special Meeting in July to Review License and Conditional Use Permit for Elk River Landfill . An informational meeting regarding 19th. The landfill public hearing Tuesday in July. the landfill is to be held on July meeting will be held on the fourth Commissioner Olsen left at this time. 12. Planning Commission Representative to Attend 7/18/88 Council Meeting It was indicated that Commissioner Barrett and Commissioner Kimball will represent the Planning Commission at the 7/18/88 City Council meeting. 13. Adjournment There being no further business. COMMISSIONER BARRETT MOVED TO ADJOURN THE MEETING OF THE ELK RIVER PLANNING COMMISSION. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION PASSED 5-0. The meeting of the Elk River Planning Commission adjourned at 10:20 p.m. Respectfully submitted. . !i~gS~/l;~ Recording Secretary slm