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05-26-1987 PC MIN . . . MINUTES OF THE ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY MAY 26, 1987 Members Present: Chairman Wilson, Commissioners Barrett, Kimball, Fuchs, Morton and Temple Members Absent: Commissioner Kropuenske Staff Present: Stephen Rohlf, Building and Zoning Administrator 1. The Planning Commission meeting was called to order by Chairman Wilson at 7:05 p.m. 2. Consider 5/26/87 Planning Commission Agenda Item 13.5 - Broadway Bar and Pizza was added to the agenda for review of a site plan. COMMI SSIONER BARRETT AGENDA AS AMENDED . CARRIED 6-0. MOVED TO APPROVE THE 5/26/87 PLANNING COMMISSION COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION 3. Consider 4/28/87 Planning Commission Minutes A correction was made on page 3 in the motion. The wording should be Commissioner Kimball rather than Councilmember Kimball. COMMISSIONER MORTON MINUTES AS AMENDED. CARRIED 6-0. MOVED TO APPROVE THE 4/28/87 PLANNING COMMISSION COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION 4. Variance Request by Floyd Elliott/Public Hearing Mr. Floyd Elliott of 21229 Concord Street NW, request a 440 square foot encroachment on the size allowed for an accessory building. Elliott's proposed storage accessory building described as Lot 4, Block 1, Greenhead district. Elk River, was present to 1,000 square foot maximum The property on which Mr. would be located is legally 1st Addition, an A-1 zoned Mr. Elliott stated that the building would be used as storage of antiques. He continued by saying that he has an existing steel structure on the site which is used as a hobby shop. Commissioner Temple questioned the type of structure. Mr. Elliott stated that he would go along with the suggestions of the Planning Commission. Commissioner Morton questioned the size of the current building. Elliott stated that it is 40' x 72'. accessory Page 2 Planning Commission Meeting May 26. 1987 . Discussion was held on the hobby of Mr. Elliott. Neighboring property owners have stated complaints and concerns that Elliott is running a business and has numerous vehicles coming and going from his property. Mr. Elliott insisted that what he does is strictly a hobby. Discussion continued on the number of accessory buildings permissible. Chairman Wilson opened the public hearing. Brian Anderson. a neighbor to Mr. Elliott. stated that Mr. Elliott has a lot of nice equipment and does not see the building as a problem. Buster Erickson of 21321 Concord stated that to him there does not seem to be a business on the property. Lavern Canobe of 21424 Concord questioned whether or not Mr. Elliott is in possession of any sales tax permits from the State of Minnesota for repair of automobiles and also questioned whether Or not the property is in a flood zone. Phil Sackston of 21387 Concord discussed his concern of taking away from the natural look of the meadow in the area. . Jerry Highland of 21431 Concord stated that if the building is permitted. he would like to see the appearance better than that of the current building. Floyd Ostrander questioned the amount of property accessory buildings can cover. Chairman Wilson closed the public hearing. Stephen Rohlf clarified that a business is only allowed as a home occupation and must be approved by the Planning Commission. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL or THE REQUEST BY FLOYD ELLIOT FOR A 440 SQUARE FOOT ENCROACHMENT ON THE 1,000 SQUARE FOOT MAXIMUM SIZE ALLOWED FOR AN ACCESSORY BUILDING ON LOT 4, BLOCK 1. GREENHEAD 1ST ADDITION BASED ON THE EXISTING ACCESSORY BUILDING AND THE REQUEST DOES NOT MEET THE 5 STANDARDS rOR A VARIANCE. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION CARRIED 6-0. 5. Variance Request by Allan Anderson/Public Hearing . Mr. Allan Anderson of 13216 Islandview Drive was present to request a 17 foot encroachment on the 125 foot minimum frontage requirement on two parcels and an approximately .3 acre encroachment on one parcel and a .4 acre encroachment on a second parcel on the minimum one acre lot size requirement for R-1b/single family non-sewered area. The property affected is legally described as the East 100 feet of the S 1/2 of the SE 1/4 of the SW 1/4 of Section 29. Township 33. Range 26. Sherburne County. Minnesota. It was clarified that the parcel South of Islandview Drive is short on frontage but has an existing house on it. The parcel to the north would be short of frontage but is buildable at the current time. and City water and sewer is proposed for the area in the near future at which time the lots would meet requirments. . . . Page 3 Planning Commission Meeting May 26. 1987 Chairman favoring hearing. Wilson opened or opposing public requests. the the hearing. There being no comments Chairman Wilson closed the public COMMISSIONER BARRETT MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL FOR THE VARIANCE REQUEST BY MR. ALLAN ANDERSON FOR A 17 FOOT ENCROACHMENT ON THE 125 FOOT MINIMUM FRONTAGE REQUIREMENT ON TWO PARCELS AND AN APPROXIMATELY .3 ACRE ENCROACHMENT ON ONE PARCEL AND A .4 ACRE ENCROACHMENT ON A SECOND PARCEL ON THE MINIMUM ONE ACRE LOT SIZE REQUIRMENT FOR R-1B/SINGLE FAMILY NON-SEWERED AREA ON THE PROPERTY LEGALLY DESCRIBED AS THE EAST 100 FEET OF THE S 1/2 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 29. TOWNSHIP 33. RANGE 26. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6-0. 6. VARIANCE REQUEST BY GRANT OPPEGAARD/PUBLIC HEARING Grant and Mary Oppegaard of 13162 Islanview Drive were present to request a 25 foot encroachment on a 75 foot setback required to the ordinary high water mark of Lake Orono to accommodate a deck. The property involved is legally described as Lot 3. Block 1. Island View 1st Addition. Rohlf stated that the existing deck is already encroaching on the setback and that it is the deision of the municipality and not DNR as to whether or not this permit is issued. Discussion was held on the determination of the high water mark and the flood elevation. Chairman Wilson opened the public hearing. Mr. Oppegaard explained that his reason for wanting to expand on the deck is due to the fact that the back yard is not use able due to the slope of the property. He stated that. after speaking with six neighbors. Oppegaard did not hear any complaints with obstructing anyone's view or affecting the property values. Stephen Rohlf presented a letter. from the neighbors addressed to Mr. Oppegaard. to the Planning Commission. Dennis Chuba of Chuba Construction. the contractor. stated that the Oppegaards are attempting to increase the use of the back yard. He explained that there could be a definite hardship if the variance is not granted. Chuba stated that a permit has been issued and constructiion was started before they became aware of the setback requirements. Patrick Plant of 13184 Islandview Drive was present and expressed his ideas favoring the granting of the variance request. . . . Page 4 Planning Commission Meeting May 26, 1987 Chairman Wilson closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND TO CITY COUNCIL APPROVAL or '!'HE VARIANCE REQUEST BY GRANT AND MARY OPPEGAARD FOR A 25 FOOT ENCROACHMlN'r ON A 75 FOOT SETBACK REQUIRED TO THE ORDINARY HIGH WATER MARl< or LAKE ORONO TO ACCOMODATE A DECK ON THE PROPERTY LEGALLY DESCRIB!D AS LO'!' :5 J BLOCK 1 ISLAND VIEW 1ST ADDITION. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Ordinance Amendment by Federated Co-op/Public Hearing Brian Watson, Assistant Manager, was present to represent Federated Co-op, Inc. of 211 South Cleveland Street, Cambridge, Minnesota in requesting an ordinance amendment to allow home appliance stores as a principal use in a C-3A/ Highway Commercial zone. Stephen Rohlf stated that home appliance stores are currently allowed in C-3B/Highway Commercial zones which is very similar to a C-3A/Highway Commercial zone. Staff does not see a problem with the request and would recommend approval as a principal use. Discussion was held between the Planning Commission and the petitioner regarding whether this would be a wholesale business or a retail outlet. Mr. Watson stated that his business would be strictly to answer questions regarding appliances and they would not warehouse out of this site. Chairman Wilson opened the public hearing. Tim Osterman, the listing agent, discussed the vacancy of the property. Chairman Wilson questioned the currently allowed uses in a C-3A zone. There being no further comments, Chairman Wilson closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND APPROVAL TO THE CITY COUNCIL OF AN ORDINANCE AMENDMENT AMENDING SECTION 900.12 - PRINCIPAL USES BY DISTRICT, SUBSECTION 9A- C-3A/HIGHWAY COMMERCIAL DISTRICT TO ALLOW HOME APPLIANCE STORES AS A PRINCIPAL USE. COMMISSIONER KIMBALL SECONDED THE MOTION. THE MOTION CARRIED 6-0. 8. Ordinance Interpretation Federated Co-op has asked the Planning Commission for an Ordinance Interpretation as to whether an 18,000 gallon propane tank would be considered bulk storage or an accessory use to a gas station. Stephen Rohlf stated that Staff has been in contact with the State Fire Marshal who feels that a tank of this size would be considered bulk storage. Other propane suppliers such as Tally Ho/Houle were discussed and the size of their tanks was mentioned. Staff feels the Elk River City Ordinance states that bulk storage should be in an 1-2 medium industry zone. . . . Page 5 Planning Commission Meeitng May 26, 1987 Brian Wataon, again representing Federated Co-op, stated that he feels this is an ideal location and that the property is well buffered from any residential zones. Rohlf stated that an administrative subdivision will be split off and a new building will be constructed. Ken Beaudry was present and stated his concern that propane is highly flammable and that one should be very careful where this size of a tank is located. Chairman Wilson stated that he feels a tank of this size is going beyond an accessory use. Commissioner Morton continued this by saying that he agreed with Wilson and that a location like this becomes a terminal for propane. Stephen Rohlf stated Planning Commission four empty propane business they are in. that the petitioner would also like a feel from the regarding how they would look at placing three or tanks on the site to let people know the kind of These tanks would be 500 gallons. Discussion was held on a possible zone change but the Planning Commission stated that they try to prevent spot zoning. Questions were raised regarding the number of empty bulk tanks Federated Co-op would like to request and Mr. Watson stated they would like a semi- load (30 tanks). When this number was brought up, the Planning Commission looked down on the idea. COMMISSIONER KIMBALL MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE PLANNING COMMISSION AGREES WITH STAFF INTERPRETATION THAT AN 18,000 TANK WOULD BE MORE FOR BULK STORAGE AND LESS OF AN ACCESSORY USE FOR A BUSINESS. COMMISSIONER MORTON SECONDED THE MOTION. THE MOTION CARRIED 6- o. It was the general consensus of the Planning Commission that bulk storage of propane in such large quantities is more appropriate in light industry rather than C-3a or C-3b. 9. Ordinance Amendment by Elk River True Value Home Center/Public Hearing Gary Santwire was present to represent Elk River True Value Home Center of 555 Railroad Drive NW, Elk River, in requesting an ordinance amendment to allow lumber yards as a conditional use in a C-4/Service Commercial District. Currently lumber yards are a principal use in C-3A and 1-2 zones. It was stated that in a C-4 zone. no outside storage is permitted. Rohlf pointed out that without outside storage. it would not be detrimental to the neighborhood to have a lumber yard on this site. . . . Page 6 Planning Commission Meeting May 26. 1987 Chairman Wilson opended the public hearing. Floyd Ostrander questioned why the Home Center currently has lumber on the property if it is zoned improperly. Gary Santwire stated that the intent of the True Value Home Center is to sell lumber as an accessory. Rohlf stated that it was not the intent to deceive anybody on True Value Home Center's behalf. Discussion was whether or not held True between Value staff and Home Center the Planning Commission as to is now a lumber yard or not. Gary Santwire stated that the True Value Home Center did enter into this willingly because they felt it only fair to place conditions and regulations on such a lumber yard with the option to review these conditions from time to time. Pat Donahue stated that he has no problem with the request. Floyd Ostrander questioned the transferability of a Conditional Use Permit for a lumber yard. Chairman Wilson closed the public hearing. COMMISSIONER BARRETT MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF AN ORDINANCE AMENDING SECTION 900.16 - CONDITIONAL USES. SUBSECTION 7 - C- 4 SERVICE COMMERCIAL DISTRICT TO INCLUDE "H. LUMBER YARDS." COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 10. Request for Conditional Use Permit By Elk River True Value Home Center/ Public Hearing Elk River requesting 4/Service described Village of True Value Home Center of 555 a conditional use permit Commercial District. The at Lots 3 and 4. Block. Elk River Addition. Railroad Drive. NW. Elk River is to allow a lumber yard in a C- property in question is legally 12 and Lots 1. 2 and 3. Block 13 Rohlf clarified that this CUP is contingent upon the City Council approving the ordinance amendment previously requested. Discussion was held on the type of building True Value Home Center would be building to house the lumber with Gary Santwire Representing the business. The appearance of the building would be one large building with a continuous roof but would actually be three separate buildings. Height was also discussed at this time. Materials to be used for the building and the type of fencing that would be put up were also questions raised. . . . Page 7 Planning Commission Meeting May 26, 1987 Gary Santwire suggested that he would like to see the Planning Commission recommend this request for approval on various conditions regarding parking, landscaping, site plans and consolidation of lots. Chairman Wilson stated that he would like to see this information submitted before it is recommended for approval. These items were discussed by the Planning Commission and also the consolidation of lots was expanded upon by Rohlf who suggested possibly rep1atting. Chairman Wilson closed the public hearing. COMMISSIONER MORTON MOVED TO TABLE THE REQUEST BY TRUE VALUE HOME CENTER FOR A CONDITIONAL USE PERMIT FOR A LUMBER YARD IN A C-4 SERVICE COMMERCIAL ZONE UNTIL THE JUNE 23, 1987, PLANNING COMMISSION MEETING WITH THE STIPULATIONS THAT: 1. A COMPLETE SITE PLAN BE SUBMITTED PRIOR TO THAT TIME SHOWING: INGRESS EGRESS BUILDING ELEVATIONS PARKING LANDSCAPING SCREENING SIGNAGE FOOTAGES LOADING ZONES COMMISSIONER FUCHS SECONDED THE MOTION. COMMISSIONER MORTON ADDED THAT FIRE PROTECTION BE ADDRESSED BY RUSS ANDERSON. THIS ADDITION WAS AGREED TO BY COMMI SSIONER FUCHS. THE MOTION CARRIED 6-0. 11. Conditional Use Permit by Deborah Epling/Public Hearing Deborah Epling of 9654 Parkington Avenue NW, Elk River, MN was present to request a conditional use permit to allow a temporary mobile home on a lot legally described as Lot 10, Block 1, Greenhead Acres 3rd Addition while constructing a house. Beginning discussion, it was clarified that this was actually a travel trailer which would be hooked up to on-site septic for a six month temporary period. Mrs. Rose that the residence. Allison, a neighboring resident, commented to staff in writing neighbors in the area had no objection to the temporary Questions were raised by the time such conditions would contacting the developer, who travel trailer. Planning Commission regarding the length of exist, the size of the travel trailer and stated he had no problem with the temporary . . . Page 8 Planning Commission Meeting May 26, 1987 Chairman favoring hearing. Wilson opened the or opposing this public request, hearing. There being no comments Chairman Wilson closed the public COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE REQUEST rOR A CONDITIONAL USE PERMIT FOR TEMPORARY TRAVEL TRAILER BE GRANTED rOR A SIX MONTH PERIOD WITH THE CONDITION THAT AFTER 6 MONTHS THE TRAILER IS UNHOOKED FROM THE SEPTIC SYSTEM. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION CARRIED 6-0. 12. Conditional Use Permit by Mark Zeiska/Public Hearing Mark Zeiska of 19424 Irving Circle, Elk River, was present to request a conditional use permit to allow enclosed light manufacturing with related sales operations in a C-3A/Highway Commercial zoned district. The property affected is legally described as all that part of the SW1/4 of the SW1/4 of Section 2, Township 33, Range 26, Sherburne County, MN. Mr. Zeiska currently reupholsters and trims cars, both which can be interpreted at auto repair which is a principal use in a C-3A zone. The conditional use permit would be for assembling and upholstering of furniture. A question was raised regarding the type of furniture and Zieska stated he does only custom built jobs for designers. The Planning Commission questioned Mr. Zieska on the building and the parking situation. Zieska explained his plans for the building and stated that parking meets the requirements but would be hard to expand due to space. Signage, lighting, and landscaping were also discussed. Chairman Wilson opened the public hearing. There being no comments, Chairman Wilson closed the public hearing. COMMISSIONER BARRETT MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW ENCLOSED LIGHT MANUFACTURING WITH RELATED SALES OPERATIONS IN A C-3A/HIGHWAY COMMERCIAL ZONE BY MARK ZIESKA ON THE FOLLOWING CONDITIONS: 1. A 1200 GALLON SEPTIC TANK AND 600 SQUARE FEET OF DRAINFIELD BE INSTALLED. 2. MAXIMUM OF 40% LOT COVERAGE IN BUILDINGS AND A MINIMUM OF 20% GREEN AREA BE MAINTAINED. 3. SCREENING OF THE GARBAGE DUMPSTER LOCATED ON THE WEST SIDE OF THE LOT. . . . Page 9 Planning Commission Meeting May 26, 1987 4. MAINTAIN '!'WO (2) INGRESSES AND EGRESSES TO THE PARKING AREA. S. THAT PARKING SPACES FOR RETAIL BE SEVEN. PLUS TWO HANDICAP. 6. NUMBER OF EMPLOYEE PARKING SPACES IS TO BE FIVE, ONE PER EMPLOYEE. 7. LIGHTING IS TO BE DIRECTED AWAY FROM TRAFFIC. 8. MUST STAY WITHIN CITY CODE ON AMOUNT OF SIGNAGE. COMMISSIONER TEMPLE SECONDED THE MOTION. COMMISSIONER KIMBALL SUGGESTED ADDED PROVISION OF BRICK FACADE ON FRONT OF BUILDINGS. COMMISSIONER BARRETT STATED THAT HE HAS NO PROBLEM WITH WOOD. BARRETT REQUESTED TO ADD A TWO YEAR REVIEW BY THE PLANNING COMMISSION WITH THE BRICK FACADE TO BE ADDED BEFORE THE REVIEW. COMMISSIONER TEMPLE ACCEPTED THE ADDITION. COMMISSIONER BARRETT ALSO ADDED. BY RECOMMENDATION OF STAFF, THAT ALL EXPOSED. VIEWABLE PORTIONS OF THE BUILDING SHELL BE OF COLORED STEEL OR BETTER. BARRETT CONTINUED BY STATING THAT LANDSCAPING BE ALL AROUND THE ~UnJHNG AND THAT ZIESl(A PLANT RYE ON THE LOT TO PREVENT EROSION. ALSO, THE PARKING LOT SHALL BE STRIPED TO COMPLY WITH ORDINANCE. COMMISSIONER TIMPLE ACCEPTED ALL THE ADDITIONS. THE MOTION CARRIED 6-0. The Planning Commission had a 15 minute recess. 13. Site Plan Review by Gary Santwire/Public Hearing Gary Santwire was present to discuss and present a site plan for Barrington Place PUD to the Planning Commission. This is a repeat presentation of the plan since changes have been made. Gary explained that Building B will remain the same except that the dumpster will now be located in the NW corner. He continued by saying that building A will be built in 2 phases to prevent building unneeded space. The Planning Commission questioned Gary on the attachment of phase II to phase I of Building A and a great deal of discussion took place on the conditions recommended by Staff and on landscaping. COMMISSIONER MORTON MOVED APPROVAL OF THE SITE PLAN AS PRESENTED BY GARY SAN'!'WlRE WITH THE FOLLOWING CONDITIONS. 1. FIRE HYDRANT BE PLACED IN LOCATION RECOMMENDED BY FIRE CHIEF. 2. FIRE LANE LOCATION BE REVIEWED BY FIRE CHIEF. 3. THE USES ALLOWED IN THE BUILDINGS MUST BE APPROVED IN THE PUD AGREEMENT. . . . Page 10 Planning Commission Meeting May 26, 1987 4. THAT THE TRASH RECEPTACLES BE SCREENED ON ALL SIDES, HIGH ENOUGH TO COVER THE TOP OF THE DUMPSTER, AND THAT THE DESIGN OF THAT SCREENING BE COMPATIBLE WITH THE BUILDING DESIGN AND DUMPSTERS BE LOCATED AS INDICATED. S. TWELVE TREES BE PLANTED ALONG THE EAST PROPERTY LINE, SIX MAPLES, SIX ASH, SIX OF THEM 18-20 FEET HIGH AND THE OTHER SIX NOT LESS THAN 10 FEET HIGH. EIGHT ARE TO BE PLANTED IN PHASE I AND THE REMAINING 4 IN PHASE II. 6. THAT 6 FEET OF LANDSCAPING BE ADDED IN FRONT OF BUILDING B ALONG THE WEST SIDE INCLUDING 40 SHRUBS TOTAL (16 IN FRONT OF THE BUILDING) . 7. RETURN TO PLANNING COMMISSION FOR SIGN APPROVAL. 8. EASEMENTS AND PRIVATE ROAD AGREEMENT BE ACCEPTED SUBJECT TO THE CITY ATTORNEY'S REVIEW. 9. THAT THE LOADING AREAS BE LOCATED AS INDICATED ON THE SITE PLAN. 10. THAT A DRAINAGE PLAN IS PREPARED AND APPROVED BY THE CITY ENGINEER PRIOR TO BUILDING PERMIT ISSUANCE. 11. THAT THERE BE 6 FEET OF LANDSCAPING ON THE WEST SIDE OF BUILDING A INCLUDING 60 PLANTS/SHRUBS AS INDICATED ON SITE PLAN; THE 60 SHRUBS ARE TO BE PLANTED AROUND BUILDING A IN PHASE I AS SHOWN ON SITE PLAN; ALL OTHER PLANTING BEDS FOR BUILDING A, PHASE I, ARE A MINIMUM OF 6 FEET IN DEPTH; AND ALL AREAS FOR FUTURE EXPANSION BE SEEDED WITH PERENNIAL GRASS BY SEPTEMBER 1. 1987. 12. PHASE II TO BUILDING A REQUIRES PLANNING COMMISSION SITE PLAN APPROVAL. 13. SEWER TO BUILDING A AND B CONNECTED TO THE NORTH AS PROPOSED (SEWER LINE SIZES AS PER CODE). 14. THAT THE OUTSIDE APPEARANCE OF BOTH BUILDINGS BE STORE FRONT GLASS WITH A COLORED STEEL MANSARD AND STUCCO AS PROPOSED. 15. 6" WATER MAIN IN NORTH EASEMENT TO HYDRANT. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION CARRIED 6-0. 13.5 Broadway Bar and Pizza The Planning Commission talked with Rick Kurth, owner of Broadway Bar and Pizza, on various new plans he has for the site. Discussion was in regards to lighting, drainage, and ingress/egress off 167th. . . . Page 11 Planning Commission Minutes May 26, 1987 COMMISSIONER MORTON MOVED TO ADJOURN, THE MEETING OF THE ELK RIVER PLANNING COMMISSION. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION CARRIED. The meeting adjourned at 11:30 p.m. Dani1le Mathison Recording Secretary akh