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03-25-1986 PC MIN . . . REGULAR MEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT THE ELK RIVER PUBLIC LIBRARY MARCH 25, 1986 Members Present: Chairman Tralle. Commissoiners Temple, Warner, Wilson, Fuchs, Merrick and Barrett Members Absent: None Staff Present: Stephen Rohlf, Building and Zoning Administrator 1. Call meeting to order. Chairman Tralle called the meeting to order at 7:00 p.m. 2. Consider Agenda for the March 25. 1986 Planning Commission Me.ting The following corrections to the February 25, 1986 Planning Commission were noted: Commissioner Merrick indicated that line two of Item 3 should be revised to read "Commissioner Wilson". Chairman Tralle indicated that on page two of Item 4 should read "COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0". Commissioner Fuchs noted that on page eight, Item 9, condition 6 should be revised to read "To allow the developer to develop the roads in two phases and the road be supplied with a cul-de-sac for turn around for snow removal. Also on page 10, Item 12 should be revised to read Funeral Homes should be included to serve as buffer between residential and commercial property. The following corrections to the minutes of the joint meeting of March 17, 1986 were noted: Commissioner Fuchs noted that on page four, third paragraph. the date should be revised to read August 24, 1984. COMMISSIONER FUCHS MOVED TO APPROVE THE MINUTES AS AMENDED. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 7-0. 3.5 Elk River 2001 Conference Commissioner Wilson reviewed the conference schedule with the Planning Commission. He noted that the sponsors for the year 2001 Conference were: Elk River Star News, Riverwood Conference Center, Sherburne County Extension, District 728 Community Education. Commissioner Wilson further noted that the goals of the project was to make us aware of trends for the future and to open a dialogue on setting community goals for the future. Commissioner Wilson further indicated he would like to see the Planning Commission members attend this conference. 4. Ordinance Interpretation on Archery Shop and Accessory Shooting Lane in a C1 Zone District . . . Page 2 Planning Commission Minutes March 25, 1986 It was the consensus of the Planning Commission if they were charging for shooting lanes it would be considered recreational and, therefore nonconforming; if they were not charging for the use of the lanes it would be considered a accessory use of the building. 5. Ordinance Interpretation of Restaurants It was the consensus of the Planning Commission that the expansion of the bar part of Broadway Bar should be treated as a non-conforming use. 6. Consider Variance Request for Jerry Johnson/Public Hearins Mr. Jerry Johnson of 7976 Odean Avenue. N.E. in Elk River stated he was requesting a 2 foot encroachment on the 20 foot side yard setback to accommodate a 4 foot deck around his house to use as a fire escape. Mr. Johnson further indicated the deck would only encroach on the east. Chairman Tralle opened the public hearing. Mr. John Urbanski a neighbor on the west was in favor of the request. Chairman Tralle closed the public hearing. Stephen Rohlf, primary reason fire escape. the Building and Zoning Administrator noted that the for the deck around his house was so that he would have a COMMISSIONER MERRICK MOVED TO RECOMMEND TO THE CITY COUNCIL THAT JERRY JOHNSON OF 7976 ODEAN AVENUE IN ELK RIVER BE GRANTED A VARIANCE. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 7-0. 7. Consider Variance Request for Tom McNair/Public Hearing Mr. Tom McNair who lives at 22175 Grant Street N.W. in Elk River presented this item to the Planning Commission and indicated he was requesting a variance from the 600 foot setback so as to construct a pole style building. Mr. McNair further indicated they burn wood and this building would be used mainly for the storage of wood. Mr. McNair also indicated the building would be brown or green in color as to blend in with the landscaping. . . . Page 3 Planning Commission Minutes March 25, 1986 Chairman Tralle opened the public hearing. No one appeared for or in opposition of the request. Chairman Traled closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL THAT '1'HB VARIANCE REQUEST BY MR. TOM MCNAIR BE GRANTED TO CONSTRUCT A POLE STYLE BUILDING NOT TO EXCEED 1,000 SQUARE FEET. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION PASSED 7-0. 8. Consider Variance Request for Virgil Sonju/Public Hearing Mr. Sonju was present and indicated he lives at 18204 Albany Street in Elk River. Mr. Sonju noted he was requesting a 10 foot encroachment on the 20 foot side yard setback. He further indicated he wanted to add on to his existing garage which is a car and half would like to expand it to a two car garage. Commissioner Temple asked if this addition would stay in the same line as the existing garage. Mr. Sonju indicated it would stay in the same line as the existing garage and they were intending to reshingle both and you would not be able to tell the difference. Chairman Tralle opened the public hearing. Mr. Robert Turcotte, Mr. Sonju's neighbor was present and indicated he had no problem with the variance and felt it would not take away from the value of his property. Chairman Tralle closed the public hearing. COMMISSIONER MERRICK MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE A 10 FOOT ENCROACHMENT ON THE 20 FOOT SIDE YARD SETBACK TO ACCOMMODATE A 10 FOOT ADDITION TO HIS EXISTING GARAGE. COMMISSIIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 7-0. 9. Consider Variance Request for Jerry Minor/Public Hearing Mr. Jerry Minor and Mr. Dan BeatIe were present and they indicated they were requesting an increase of 94 square feet of signage on his building to accommodate the House of Rental. Mr. Minor noted that there were two existing uses, Mr. Tire and a future use, The House of Rental. He noted that Mr. Tire used most of the permitted amount of signage. Stephen Rohlf, the Building and Zoning Administrator indicated that Mr. Minor's request came in 94 square feet over the total amount allowed and a variance would be required. Page 4 . Planning Commission Minutes March 25, 1986 Mr. Minor noted that because the House of Rental was opening for business April 1, and because of a misunderstanding between Mr. Rohlf and myself, there was not time for a variance to allow House of Rental signage before they opened for business. The Building and Zoning Administrator indicated there was a misunderstanding between Mr. Minor and myself. I indicated that if his total amount of signage went over the amount permitted by a few square feet, the code was still met and a variance would not be required. Mr. Minor's request came in 94 square feet over the total amount allowed. Discussion was carried on regarding the signage and Commissioner Fuchs was not in favor in exceeding the allowable frontage. Chairman Tralle indicated that in fairness of the ordinance, he was oppossed to going over the allowable amount. Commissioner Merrick felt that we would be setting a precident for people coming in late and would be opening up a can of worms if we grant this variance. Mr. Minor felt this was being unfair and needed this sign as their business depended on this. It was the concensus of the Planning Commission because of the misunderstanding they felt they would allow Mr. Minor 34 square feet more signage than would normally be permitted. . COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL '1'0 APPROVl A VARIANCE OF 20 SQUARE FEET, THIS WOULD INCLUDE 290 SQUARE FEET FREE- STANDING SIGNS ON POST IN FRONT OF BUILDING AND TWO 60 SQUARE FEET SIGNS ON THE BUILDING ITSELF. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 7-0. 10. Consider Variance Request for Standard Lumber/Public Hearing Mr. Thomas Weiss representing Standard Lumber was present and indicated they were requesting a 47 foot encroachment on the required 50 foot front yard setback to build an addition. He further noted that the addition would be steel frame with corrigated steel roofing and siding and a precast concrete slab. Also that the addition would stay in the same line as the existing building. Chairman Tralle opened the public hearing. No one appeared for or in opposition of the request. Chairman Tralle closed the public hearing. The Building granted, the closest to construction and Zoning Administrator indicated that if a variance is building code would require that the side of the addition 4th Street be constructed of a one-hour fire resistive and no openings would be permitted in the wall. . COMMISSIONER WARNER RECOMMENDED TO THE CITY COUNCIL TO APPROVE '!'HI VARIANCE FOR STANDARD LUMBER FORA 46 ENCROACHMENT ON THE REQUIRED 50 FOOT FRONT SETBACK. COMMISSIONER BARRETT SECONDED THE MOTION. THE MO'l'ION PASSED 7-0. . . . Page 5 Planning Commission Minutes March 25, 1986 11. Consider Variance Request for Elk River Machine/Public Hearing Mr. Larry Ebert presented this item to the Planning Commission and indicated he was requesting a 32.5 encroachment on the required 50 foot front setback in a medium industrial zone to build an addition. He further indicated the building would stay in the same line as the existing building. Chairman Tralle opened the public hearing. No one appeared for or in opposition of the request. The Building and Zoning Administrator noted that the building would stay in the same line as the existing building and would be buildable as far as building code requirements. COMMISSIONER WARNER RECOMMENDED TO THE CITY COUNCIL TO APPROVE A VARIANCE lOR ELK RIVER MACHINE FOR A 46 FOOT ENCROACHMENT ON THE REQUIRED 50 FOOT FRONT SETBACK. COMMISSIONER BARRETT SECONDED THE MOTION. THE MOTION PASSED 7-0. 13. Consider Zone Change Request by ITT Thorpe/Public Hearing This item was held at this time because of the fact representative from Item 12 was not present at this time. that the Mr. Andrew Wojanowicz presented indicated he was requsting a multi-family to accommodate a 12 was difficult to get land and family housing. this item to the Planning Commission and zone change from R1C single family to R3 unit apartment. He further indicated it felt we were in a need for more single Chairman Tralle opened the public hearing. Mr. Rasmussen of 335 Line Avenue was present and indicated he was against the zone change indicating that it would be noisy and reduce the value of housing in that area. Mr. Laverne Johnson of 371 Lane Avenue in the Johnson Plat was against the zone change as he felt we did not need one apartment to change the zoning in that area. Mr. Sydney Reed of 530 Auburn Place was against the zone change and felt we do not need another apartment type structure in that area. Chairman Tralle closed the public hearing. The Building and Zoning Administrator felt the people had a legitimate concern not wanting to see this rezoned. Chairman Tralle was against the proposal as this was considered in the past and was denied. Commissioner Warner would like to see it stay R1C Single Family. . . . Page 6 Planning Commission Minutes March 25, 1986 It was the consensus Zoning Administrator open for building. of the Planning Commission that the Building & work with Mr. Wojanowicz to find new lots that are COMMISSIONER WARNER MOVED ZONE CHANGE BY ITT THORPE. MOTION PASSED 7-0. TO RECOMMEND TO THE CITY COUNCIL TO DENY THE COMMISSIONER MERRICK SECONDED THE MOTION. THE 14. Consider Site Plan Review for Coast to Coast Dick Nelson of Johnson Sheldon & Sorenson Architects, representing Coast to Coast, present the site plan review for the proposed Coast to Coast Store. Mr. Nelson stated the lot was a Planned Unit Development area and they would be using the same materials as Pamida and the existing shopping center. One of the concerns of the Planning Commission was drainage. This was to be reviewed by Terry Maurer, the City Engineer. They were also concerned about the loading area and indicated the area should be designated on the site plan and should not interfere with the 20' fire lane. Discussion was held regarding the number of parking stalls and if it were in keeping with the Elk River City Ordinance. The Building and Zoning Administrator indicated that according to the site plan this has been met. Commission Fuchs asked what the code was for handicap parking. The Building and Zoning Administrator indicated that at least one handicap parking stall must be provided within a minimum of the 12 foot and the building must be handicap accessible. He further indicated he would like to see all trash receptacles screened and also itentified on the site plan . Mr. Nelson went on to explain the landscaping and noted this would be consistent with the rest of the shopping center. Commissioner Temple indicated she would like to see more green space and the outlining area sodded. Commissioner Merrick indicated safety should be the first concern regarding the green spaces and would like to follow what the site plan has on it and felt the landscaping was acceptable. The Building and Zoning Administrator indicated that all signage that Coast to Coast would like to have on this site should be reflected on this site plan and approved by the Council. Further discussion was held regarding Barthel's proposal for a building 10,150 square feet and the developer's agreement states that the proposed building on this lot shall not exceed 10,000 square feet. The staff and the Planning Commission felt this met the intent of the Developer's Agreement and should not be a problem. Page 7 . Planning Commission Minutes March 25, 1986 It was the consensus of the Planning Commission that they would like Russ Anderson to review the site plan regarding the sprinkler system for fire protection which must be provided in the building. COMMISSIONER MERRICK MOVED TO APPROVE THE SITE PLAN lOR COAST TO COAST WITH THE FOLLOWING STIPULATIONS AS OUTLINED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO AND AN ADDITIONAL STIPULATION THAT THE SITE PLAN BE REVIEWED BY RUSS ANDERSON. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 7....0. 12. Consider Variance Request for Lloyd Anderson/Public Hearing Mr. Ron Black from the law firm Terpstra and Black was present to represent Mr. Lloyd Anderson in requesting a 6 foot variance instead of the 15' foot encroachment on the 35 foot front yard setback for a dwelling in an R1b sewered lot. Mr. Black noted that they were requesting this variance so as the dwelling would look good and would be in line with the other houses. Chairman Tralle opened the public hearing. There was no one for or in opposition of the request. Chairman Tralle closed the public hearing. . Mr. Black indicated they would be comfortable with a 11 foot setback as the dirt used for the walkout would be pushed to the back. The Building lot has had this lot he footings. and Zoning Administrator, Stephen Rohlf indicated that this fill already brought to it and that prior to building upon would like to see the soil tested to prove suitability for COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE VARIANCE FOR THE 11 FOOT ENCROACHMENT ON THE 35 FOOT FRONT YARD SETBACK AND A 24 SETBACK EQUAL TO THE ADJACENT PROPERTY. COMMISSIONER WARNER SECONDED THE MOTION. THE MOTION PASSED 7....0. 14.5 Model Home Definition It was the consensus of the Planning Commission that Steve Rohlf, the Building and Zoning Administrator check with surrounding areas regarding model homes used for real estate offices. There being no further business, COMMISSIONER WARNER MOVED TO ADJOURN THE MEETING. COMMISSIONER MERRICK SECONDED THE MOTION. THE MOTION PASSED 7- o. The Elk River Planning Commission adjourned at 9:45 p.m. · sJUAlhV/l7tWL Sharon Maue Recording Secretary