Loading...
04-23-1985 PC MIN o Members ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, APRIL 23, 1985 Present: Chairman Tralle, Commissioners Merrick" Fuchs, Wilson, Oster, Wille and Temple. Members Absent: None Staff Present: Rick Breezee, 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 April 23, 1985, Planning Commission Meeting The Vensland request for zone change was continued until the May Planning Commission Meeting. Drafting an ordinance regarding pole barns was added as Item 12~. Redifini- tion of junkyard ordinance was added as item 12-3/4. COMMISSIONER WILLE MOVED TO ACCEPT THE AGENDA AS ~lliNDED. SECONDED THE MOTION. THE MOTION PASSED 7-0. COMMISSION WILSON 3. Consider Minutes of the March 26, 1985 Planning Commission Meeting o Commissioner Temple indicated she would like the minutes changed on page 6, Item #9, the third paragraph, to state that a ski hill would be appropriate at the old City dump site. Commissioner Temple further indicated that she had stated on Item #8, page 6, that the area remain uncluttered by billboards and commercial development. COMMISSIONER FUCHS MOVED TO ACCEPT THE MARCH 26, 1985 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 7-0. 5. Conditional Use Permit by Darrel Boyd/Public Hearing This item was held at this time because of the fact that the representative for Barthel was not present for Item #4. Mr. Darrel Boyd was present and indicated that he lived at 14729 89th Street, NE, in Otsego and stated he was requesting a conditional use permit to have a home occupation on property located on 207th Avenue within the City limits of Elk River in the area that is now called Heavenly Hills. Mr. Boyd indicated that he does not own the property at the present time but is buying it on a contingency that the conditional use permit is approved. Mr. Boyd indicated that there is a building existing on the property which is 40' by 60' in size and that he would conduct his woodworking business in that building. Mr. Boyd indicated that all the woodworking materials and the assembly of the products would be done inside the building and further indicated there would be no outside storage of materials. Chairman Tralle opened the public hearing. No one appeared for or in opposition of the request. o Chairman Tralle closed the public hearing. o ELK RIVER PLANNING COMMISSION MEETING APRIL 23, 1985 PAGE TWO Commissioner Fuchs questioned whether scrap material would be stored outside the building. Mr. Boyd stated that he would have a dumpster which would be picked up once a week for scrap material. Commissioner Wilson questioned how often deliveries of the materials would occur and indicated that he was concerned about the amount of traffic that would be added to the area. Mr. Boyd indicated that there could possibly be several large deliveries per week. Commissioner Merrick questioned the possibility of other outside employees and also brought up the questions as to available parking for customers. Mr. Boyd stated there was plenty of room for customer off-street parking and further stated that he would be having outside employees. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A CONDITIONAL USE PERMIT BE GRANTED TO MR. DARREL BOYD FOR A HOME OCCUPATION CONSISTING OF A WOOD- WORKING BUSINESS FOR THE AREA DESCRIBED AS THE W~ OF THE W~ OF THE NW~ OF THE SW~ OF SECTION 14, TOWNSHIP 33, RANGE 26, IN THE CITY OF ELK RIVER AND THAT THE CONDITIONAL USE PERMIT BE SUBJECT TO A REVIEW IN TWO YEARS. COMMISSIONER OSTER SECONDED THE MOTION. Commissioner Wilson stated his concern regarding the woodworking operation developing into more of a business operation and indicated he felt a commercial zone would be more appropriate. Commissioner Wilson further indicated he would like to see it reviewed in one year's time. Commissioner Wilson further stated he felt a residential neighborhood was not a place for this kind of traffic. Discussion was held regarding the number of employees Mr. Boyd would require. Mr. Boyd indicated that there would probably be a need for 5 or 6 outside employees. THE MOTION PASSED 7-0. CHAIRMAN TRALLE MOVED TO AMEND THE MOTION TO INCLUDE NO MORE THAN THREE OUTSIDE EMPLOYEES. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 7-0. 4. Preliminary and Final Plat Review for Single Family Housing at the Elk River Plaza Second Addition/Public Hearing. Mr. Mel Beaudry indicated that he was a representative of Barthel Realty and Construc- tion, and was before the commission for a preliminary and final plat review for single family housing to be located on Freeport Avenue on Lot 2, of Block 1 of the Elk River Plaza Addition. Mr. Beaudry stated that the area would be called Presidential Estates. Mr. Beaudry further indicated that Barthel Realty and Construction would be requiring attached garages for each of the homes and further stated that they would have eight different styles for the people to choose from. Mr. Beaudry indicated that Barthel would be the only builders in this project so the houses would be built with conformity. Discussion was held regarding black top driveways being required, sodding of the front and side yards, attached garages and no high fences located in the alleys. Discussion was also held regarding outside storage of mobile homes and travel trailers in the yards. Mr. Mel Beaudry indicated that the number of homes in the area has been decreased from 50 to 45 so that the lots would be larger, but as for the storage of recreational vehicles in the yards, Barthel Realty has not considered this item yet. Chairman Tralle indicated that he would like a decision regarding the storage of recreational vehicles by the May 6th City Council Meeting. Elk River Planning Commission Meeting April 23, 1985 Page Three Chairman Tralle opened the public hearing. Discussion was held regarding the buffer zone. Mr. Beaudry indicated that the buffer zone would be eliminated because of the fact that it would be one :single family housing area backed up to another single family housing area. Mag Johnson was present and indicated he was concerned about the space between the homes. Mr. Rob Rohlin stated that the 6 foot space between the home was a minimum distance and that a majority of the homes would be more than 6 feet apart. Rick Breezee, Building and Zoning Administrator, indicated that the present zone for the area is R-lc/single family, and further stated that the PUD does meet single family requirements for R-lc zoning regarding the side yard setback, which is 6' minimum in an R-lc area. Discussion was held regarding the memo submitted to the Building and Zoning Admini- strator from Maier, Stewart and Associates, Inc., the City's Consulting Engineers. Mr. Rob Rohlin, indicated that he had seen the memo and stated he would have no problems with the engineer's recommendations. Chairman Tralle closed the public hearing. Mr. Beaudry stated that the homes would bepritedfrom the low 60's to the middle 70's. Discussion was held regarding the colors of the homes and the type of siding. COMMISSIONER WILSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT FOR THE SINGLE FAMILY HOUSING AT THE ELK RIVER PLAZA SECOND ADDITION WITH THE FOLLOWING STIPULATIONS: 1. THAT THE HOMES HAVE AN EARTH-TONED COLOR EXTERIOR. 2. NO SOLID WOOD FENCES. 3. NO FENCES TO EXCEED 48" 4. THAT EACH UNIT BE REQUIRED TO HAVE AN ATTACHED GARAGE. 5. THAT THE LOTS BE SODDED IN THE FRONT AND SIDE YARDS. 6. THAT DRIVEWAYS.BE HARDSURFACED AND DUST FREE. 7. THAT ALL STRUCTURES BE HOOKED UP TO CITY UTILITIES. COMMISSIONER MERRICK SECONDED THE MOTION. THE MOTION PASSED 7-0. COMMISSIONER WILSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE FINAL .PLAT FOR THE SINGLE FAMILY HOUSING AT THE ELK RIVER PLAZA SECOND ADDITION WITH THE STIPULATION THAT THE CITY STAFF AND BARTHEL GET TOGETHER ON THE NAMING OF THE STREETS. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 7-0. o ELK RIVER PLANNING COMMISSION MEETING APRIL 23, 1985 PAGE FOUR 6. Variance Request by All-Tool Manufacturing/Public Hearing. Mr. Kenneth Isaacson was present and indicated that All-Tool Manufacturing located at 19178 Industrial Boulevard in Elk River was requesting a variance to the front yard setback. Mr. Isaacson indicated that due to the cramped situation in office space, All-Tool will be constructing a large addition on the front of their existing building which would encroach 17 feet in to the front yard setback. Mr. Isaacson stated that only one corner of the building would encroach the setback and the rest of the building would meet setback requirements. Chairman Tralle opened the public hearing. Non one appeared for or in opposition to to the request. Chairman Tralle closed the public hearing. Mr. Isaacson indicated that most of the :landscaping would be eliminated which would make for more parking area. Discussion was held regarding parking patterns and traffic patterns. Mr. Isaacson also stated that by building the addition onto the existing building, it would eliminate part of the storage of materials outside. The five standards necessary to provide a variance were discussed by the Planning Commission Members and it was the consensus that All-Tool met these five standards. Commissioner Wille stated that we should be proud that we have such a company as All-Tool in Elk River. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT ALL-TOOL MANUFACTURING LOCATED AT 19178 INDUSTRIAL BOULEVARD, IN ELK RIVER BE GRANTED A VARIANCE TO THE FRONT YARD SETBACK. COMMISSIONER WILSON SECONDED THE MOTION. Commissioner Fuchs questioned whether the granting of this variance could possibly cause a problem in the covering up of any utilities. Rick Breezee, Building and Zoning Administrator, indicated that this would be checked out. THE MOTION PASSED 7-0. 7. Zone Change Request by Richard Vensland. This item was continued and will be heard at the May 28th Planning Commission Meeting. 8. Zone Change Request by Dr. A. F. Jarmoluk/Public Hearing. Rick Breezee, Building and Zoning Administrator indicated that Dr. Jarmoluk who lives at 1980 Main Street has requested to zone change property he owns on the corner of Main Street near Upland Avenue, from R-2a zoning to R~2b zoning. Rick Breezee further indicated that this request would allow Dr. Jarmoluk to increase his density from what is now two units maximum per structure to up to four units. maximum per structure with a density not to exceed 8 density units per acre. ELK RIVER PLANNING COMMISSION MEETING APRIL 23, 1985 PAGE FIVE The tentative contractors Mr. Richard and Scott Grupa were present and indicated that they were proposing to construct up to four units on this site. Mr. Richard Grupa indicated that the type of structure anticipated would be a four unit con- dominium owner/occupied building and further stated that the site is accessible to the necessary public utilities. Chairman Tralle opened the public hearing. Mary Beck, resident of the area indicated that she had a concern about the heavy traffic already existing, and stated that increasing the density would create an even more hazardous situation. John McGibbon, resident of the area stated that he would like to see the status quo of the single family area preserved. Mr. Ray Zachman a resident of the area indicated he agreed with Mr. McGibbon and stated it was a single family area when they movedirt and they would like to see it stay that way. Mr. Walter Piwowar indicated that he owns the lot across the street from Jarmoluk's property and further stated that he was at the Planning Commission Meeting the same time as Dr. Jarmoluk two years ago requesting a zone change, and stated that the people looked unfavorable at his request and, therefore, felt it would not be fair to grant Ur.Jarmoluk's request for this reason. Chairman Tralle closed the public hearing. Commissioner Fuchs stated that there was an obvious discrepancy in the lot sizes according to the information John McGibbon had and the survey the Planning Commission had received. COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE ZONE CHANGE REQUEST BY DR. A.F. JARMOLUK FOR PROPERTY ON THE CORNER OF MAIN STREET AND UPLAND FROM R-2A ZONING TO R-2B ZONING BECAUSE OF THE FACT THAT THE FIGURES ARE MISLEADING ON THE DIAGRAM AND ON THE SURVEY. COMMISSIONER MERRICK SECONDED THE MOTION. THE MOTION FAILED 5-2. COMMISSIONERS TRALLE, WILLE, TEMPLE, WILSON AND FUCHS VOTED AGAINST THE MOTION. Commissioner Wille indicated he felt the dimensions on the survey were correct. Commissioner Wille indicated that he felt the City has a responsibility to allow reasonable development of the property but also must respect the homeowners in the area. Commissioner Wille further stated that he felt Dr. Jarmoluk is allowed a reasonable use at the present time. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE ZONE CHANGE REQUEST BY DR. A.F. JARMOLUK FOR AN R-2A ZONING TO AN R-2B ZONING ON PROPERTY LOCATED ON THE CORNER OF MAIN STREET AND UPLAND AVENUE BE DENIED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 7-0. ELK RIVER PLANNING COMMISSION MEETING APRIL 23, 1985 ,.. PAGE SIX ~ 9. Request by Mr. Larry Wolner to have Additional Time Added to His Conditional Use Permit o o Mr. Larry Wolner was present at the meeting and indicated that the time limit for the removal of his temporary structure was set for July 1st and indicated that he was requesting an extension to December 31st. Mr. WaIner stated that he was in- tending to construct a new building and had planned to be completed by September, however, he was requesting the extension until December 31st in case of complications. Rick Breezee, Building and Zoning Administrator indicated that he had no problems with the extension but indicated that he had received some complaints regarding the junk laying around his temporary structure at the present time. Commissioner Fuchs stated that he would like to see some proof that a building is actually going to be put up to indicate that Mr. Wolner is serious about this. Commissioner Wille indicated that he felt Mr. Wolner should not be able to go through another whole season without a building permit. Commissioner Wille stated that he would like to see a commitment from Mr. Wolner which would indicate to the City that he is serious about putting up a new building. Commissioner Wille further stated that he would like to see some restraints put on the conditional use permit. Mr. Rick Breezee, Building and Zoning Administrator, indicated that Mr. Wolner had contacted the City regarding the requirements for a building permit. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL THE EXTE1ITION OF THE CONDITIONAL USE PERMIT ISSUED TO MR. LARRY WOLNER FOR A TEMPORARY STRUCTURE LOCATED ON THE CORNER OF 167TH STREET AND HIGHWAY #10 TO DECEMBER 31, 1985, PROVIDED THAT BY JULY 1, 1985, MR. WOLNER SHOWS THE INITIATIVE TO PROCEED WITH THE PLAN BY OBTAINING A BUILDING PERMIT AND PRESENTING PLANS OF THE NEW BUILDING TO THE CITY'S BUILDING INSPECTOR. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 7-0. 10. Final Plat Review for R & R Industrial Park Chairman Tralle indicated that Mr. Tom Renner who lives at 14747 County Road #30 is requesting final plat approval for a plat called R & R Industrial Park located on the easterly edge of the City limits of Highway #10 and Jarvis Street. Chairman Tralle further indicated that both the Planning Commission and City Council has reviewed and approved the preliminary plat. COMMISSIONER FUCHS MOVED TO RECOMMEND PLAT AS PRESENTED FOR R & R INDUSTRIAL ATTORNEY REVIEW THE TITLE OF THE PLAT. THE MOTION PASSED 7-0. TO THE CITY COUNCIL APPROVAL OF THE FINAL PARK WITH THE STIPULATION THAT THE CITY COMMISSIONER WILSON SECONDED THE MOTION. 11. Zone Change Request for Property on Highway #169 North of the PUDs. Chairman Tralle stated that the Planning Commission had discussed this item at their March meeting, and after much discussion had decided to leave the property zoned R-lb/single family instead of changing it to commercial zoning. Chairman Tralle further stated that the City Council then discussed this item at their April 15th meeting and after their discussion sent it back to the Planning Commission for reconsideration. o o ELK RIVER PLANNING COMMISSION MEETING APRIL 23, 1985 PAGE SEVEN Traffic along Highway #169 was discussed. It was the consensus of the Planning Commission that the intersection of Highway #169 and School Street needed a stop light. Discussion was held regarding the possibility of putting a cross over on 5th Street leading to the shopping center. Discussion was held regarding the rezoning of the property along Highway #169. It was the general consensus of the Planning Commission members that they were against the rezoning of the property along Highway #169. Commissioner Merrick indicated that he felt it would be creating another downtown and be taking away from present businesses. Commissioner Wilson indicated he felt there was a long enough corridor of strip property existing along Highway #169. Further discussion was held regarding the rezoning of the Highway #169 property. It was indicated that the people in the residential development along the #169 property would probably not go along with the rezoning. It was further stated that it was the Planning Commission's feelings that the City does not need any more commercial development due to the fact that there is approximately 70% of undeveloped commercial land at the present time. It was further stated that rezoning the property to commercial would create additional traffic problems. It was also stated that rezoning to commercial would open up the land to bill- boards and commercialization and would also create a strip zoning effect. Discus- sion was also held regarding the fact that a specific request by an individual had not been made for the rezoning of this property. It was also indicated that the existing land use map shows the property as being zoned residential. It was further stated that the downtown uses would be unprotected with the zoning of this land to commercial uses. IT WAS MOVED BY COMMISSIONER FUCHS TO RETURN TO THE CITY COUNCIL THE ZONE CHANGE REQUEST FOR PROPERTY ON HIGHWAY #169 NORTH OF THE PUD ON THE BASIS OF THE AFORE- MENTIONED REASONS AND THAT THE PROPERTY BE.RETAINED IN THE RESIDENTIAL AREA AS IT IS PRESENTLY ZONED. THE MOTION PASSED 7-0. 12. Moratorium On Private Roads Mr. Rick Breezee, Building and Zoning Administrator indicated that in October of 1984 the City Council set a moratorium on any property that would abut a private road. Mr. Breezee further indicated that this moratorium would not allow any subdividing of property that would abut onto a private road. Discussion was held regarding private roads. It was indicated that perhaps an ordinance change should be made stating that private roads not be allowed in the City of Elk River. Rick Breezee, Building and Zoning Administrator felt people should not be allowed to develop property when flag shaped situations are created. Chairman Tralle in- dicated that he felt no more homes should be built on private roads because of the problems they cause for the neighboring residents using the private roads, and also because of the problems created for the City. ELK RIVER PLANNING COMMISSION MEETING APRIL 23, 1985 PAGE EIGHT Mr. Gary Denzer indicated that he had purchased 7 five acre lots of record. Mr. Denzer further stated that he had come to the City to request an admini- strative subdivision to remove the lot lines. Mr. Denzer indicated that he was told at that t~me, should he change his mind and want to reinstate the lot lines, all he would have to do would be to come back to the City and request an admini- strative subdivision to do so. Mr. Denzer further stated that now he wants to reinstate his lot lines to sell some land, and also so he can build his mother a house next to his, but with the moratorium on private roads, he is unable to do so. Mr. Rick Breezee indicated that Mr. Denzer still does have the option of going through preliminary and final plat procedures. COMMISSIONER MERRICK MOVED TO RECOMMEND TO THE CITY COUNCIL TO AMEND ORDINANCE 1008.14(5)0 BY DELETING LETTER "0" REGARDING PRIVATE STREETS. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 7-0. 12~. Pole Barns and Metal Skinned Buildings Discussion was held regarding the number of pole barns or metal skinned buildings that should be allowed per lot. It was indicated that if a second pole building or metal skinned structure were to be used for agricultural purposes, it should be allowed. Discussion was held regarding the definition of Agricultural and definition of hobby and how the two could be related. Discussion was also held regarding an unattached garage being considered as an accessory structure. Furbher discussion was held regarding the restricting of animals on so many acres of land ,and whether or not to do this on a unit basis. It was the consensus of the Planning Commission that the Building and Zoning Administrator would come back next month to the Planning Commission with some more facts on these items. 12~3/4.Junkyard Definition The Building and Zoning Administrator indicated that the present zoning ordinance on.junkyards states "The storage of three or more inoperative motor vehicles for a period in excess of three months shall also be considered a junkyard." Discussion was held regarding the storage of inoperable vehicles. It was indicated that a vehicle that starts is not inoperable, therefore, a person could have many vehicles in his yard and still not be considered a junkyard. Discussion was held regarding the storage of heavy equipment such as tractors, plows, etc. and whether or not this was considered a junkyard nuisance. It was the consensus of the Planning Commission Members that the Building and Zoning Administrator have the definition of junkyard researched. 13. Proposed Workshop The proposed workshop which was originally set for April 30th, to review the long range comprehensive plan for the City of Elk River has been changed to May 14, 1985. ELK RIVER PLANNING COMMISSION.MEETING APRIL 23, 1985 PAGE NINE Commissioner Steve Merrick was welcomed by the Planning Commission Members. There being no further business, COMMISSIONER TEMPLE MOVED THAT THE MEETING BE ADJOURNED. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 7-0. Meeting Adjourned at 10:30 p.m. Respectfully submitted, ~ ../ Sandra Thackeray Planning Commission Secretary