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05-28-1985 PC MIN o o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, MAY 28, 1985 ,Members Present: Chairman Tra11e, Commissioners Temple, Merrick, Wille, Fuchs and Wilson. Members Absent: None Staff Present: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Tra11e called the meeting to order at 7:00 p.m. 2. Consider Agenda for the May 28, 1985 Planning Commission Meeting. Number #17, Conditional Use Permit and Variance request by Mr. Chip Martin and Number #18, Zone Change request by Mr. Vens1and were continued. COMMISSIONER WILLE MOVED TO ACCEPT THE AGENDA AS AMENDED. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. 3. Consider Minutes of the April 23, 1985 Planning Commission Meeting. Commissioner Merrick stated that he was present instead of Commissioner Pearce, (under members present.) On page three, under the motion, "no solid wood fences exceeding 48 inches" should be changed to "no fences to exceed 48 inches" and also add another item stating "no solid wood fences." On page 7, the motion for item number 11 should state that the motion passed 7-0. COMMISSIONER WILSON MOVED TO APPROVE THE MINUTES AS AMENDED. COMMISSIONER MERRICK SECONDED THE MOTION. THE MOTION PASSED 6-0. It was stated that Commissioner Fuchs and Chairman Tra11e would be the representatives of the Planning Commission at the City Council meeting on June 17, 1985. Mr. Gary Santwire was not present and requested to hold off on his item on the agenda until 7:30 p.m., therefore, items #11 and #12 were heard first. 11. Consider Ordinance Amendment for Mr. Don Crispin Chairman Tra11e indicated that Mr. Don Crispin who lives at 1153 Main Street in Elk River is requesting an ordinance amendment to allow motels consisting of a maximum of 16 units in a R-1c zoning district. Mr. Crispin indicated that he owns the Landmark Motel which is located on Main Street in Elk River. Mr. Crispin stated that at the present time his motel is a nonconforming use and he is afraid that if a major castastr6phe were to strike, he would not be able to rebuild his present business. Mr. Crispin further stated that his motel is one of the oldest motels in the State of Minnesota, and further stated that his property taxes are $2,400 and his casualty insurance has risen to $1,700. Mr. Crispin stated he believes that if he has to pay high prices for running the motel, he should be able to be considered a conforming use. Planning Commission Minutes Tuesday, May 28, 1985 Page Two Mr. Rick Breezee,of Building and Zoning stated that the zoning was changed in 1980 for that area, and that Mr. Crispin had bought the motel in 1984. Mr. Crispin stated that none of the previous property owners were aware of the zone change and he was not aware of the zone change either before he purchased the motel. Rick Breezee indicated that the City's present ordinance does allow remodeling up to 25% of the assessed valuation such as residing, reshing1ing, replacing doors and windows etc. Rick Breezee further indicated that presently the Elk River Zoning Ordinance does state that nonconforming uses such as Mr. Crispin's can be allowed to exist in any district. however, if a use is destroyed to a point that exceeds 50% of its assessed market value it shall not be restored except in conforming with the regulations of the present zoning ordinance. Commissioner Temple stated that she felt that by approving the ordinance amendment it would be opening up all R-l zoned areas to motels. Mr. Crispin stated that if the City does not want the motel they should do as it is done in the City of Minneapolis, which is buy the motel from Mr. Crispin. Mr. Crispin stated that if there is a loss or casualty he will be out of business. Chairman Tra11e opened the public hearing. There was nobody for or in opposition of the request. Chairman Tra11e closed the public hearing. Commissioner Wilson indicated that Mr. Crispin being a nonconforming use puts him in the situation he is in and further stated that he felt the Planning Commission has no choice but to deny the request. COMMISSIONER WILSON MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE ORDINANCE AMENDMENT REQUESTED BY MR. DON CRISPIN TO ALLOW MOTELS IN R-1C ZONING DISTRICTS. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 12. Ordinance Amendment by Mr. Edward Shimek Mr. Ed :Shimek was present and indicated that he was presently made an offer for the purchase of a produce market which has been established east of Elk River on Highway 10 across from the Ak-Sar-Ben Nursey. Mr. Shimek indicated that he made the offer on a Contract for Deed with the condition that produce markets would be allowed as a permitted use on highway commercially zoned property. Mr. Shimek indicated that he would be selling produce and along with that he would also be selling bedding plants. Chairman Tralle opened the public hearing. There was no one for or in opposition of the ordinance amendment request. Chairman Tra1le closed the public hearing. Commissioner Wilson questioned the legality of applying for an ordinance amendment for property which a person does not actually own. Rick Breezee indicated that as long as a purchase agreement has been signed with the intention of purchasing the property, the request can be looked at. Planning Commission Minutes Tuesday, May 28, 1985 Page Th~ee Commissioner Fuchs questioned whether the structure Mr. Shimek was purchasing was the one that has been vacant for some time on highway #10 and needs some maintenance. Mr. Shimek indicated that was the structure and he intended on cleaning the place up. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE ORDINANCE AMENDMENT TO ALLOW PRODUCE MARKETS IN C-3B HIGHWAY/COMMERCIAL ZONED AREAS BE APPROVED AS A PRIN- CIPLE USE. COMMISSIONER MERRICK SECONDED THE MOTION. THE MOTION PASSED 6-0. 4. Site Plan Review for Barrington Place PUD Mr. Gary Santwire was present requesting a site plan for Parcel Three of the Barrington Place PUD which is located directly behind the Food N Fuel Convenience Store on Dodge Avenue. Mr. Santwire indicated that he was requesting to put a ,self storage lease space building in the area. Mr. Santwire explained the landscaping, blacktopping, roof and building design. Mr. Santwire indicated that they were going with one main building instead of strip storage. Mr. Santwire explained the drainage and stated that it does comply with the original drainage plan of the plat and does follow the general contour of the land. Mr. Santwire further indicated that the signage would be on the building with a phone number on the sign. Mr. Santwire further indicated that if further signage was requested to be put on Dodge Avenue, he would go back to the Planning Commission for their approval. Mr. Gary Santwire stated that this concept was presented to the Baptist Church and that he is working together with the church council in constructing a bufferring zone. Rick Breezee indicated that before final occupancy a private road agreement must be entered into. COMMISSIONER MERRICK MOVED TO ACCEPT THE SITE PLAN FOR THE STORAGE BUILDING TO BE LOCATED ON PARCEL THREE OF THE BARRINGTON PLACE PUD WITH THE STIPULATION THAT THE LANDSCAPING BE PROVIDED AS SHOWN IN THE DIAGRAM ATTACHED TO THE BUILDING AND ZONING ADMINISTRATOR'S MEMORANDUM DATED MAY 23, 1985 AND THAT THE SIGN BE PLACED ON THE BUILDING ONLY, AND THAT NO PARKING SIGNS BE PLACED ON THE PRIVATE DRIVE EASEMENT. COMMISSIONER WILLE SECONDED THE MOTION. Commissioner Temple indicated that she felt hard-surfaced driveways should be added to the motion. COMMISSIONER MERRICK AGREED TO ADD HARD SURFACED DRIVEWAYS TO THE MOTION. THE MOTION PASSED 6-0. 5. Preliminary and Final Plat Approval for Barrington Square PUD Mr. Gary Santwire presented to the Planning Commission a concept for a PUD to be located north of the McDonald's restaurant along Dodge Street. Mr. Santwire in- dicated that he has left two outlots in the PUD. Outlot A being located directly next to the subdivision which will be utilized for both a buffer and storm water holding pond for lots 1, 2, and 3. Mr. Santwire further indicated that on the west side of Dodge Street is where Outlot B is located which will be utilized as an over- flow for drainage purposes for these lots. Mr. Santwire indicated that in Pacel One closest to the tree lines, he was proposing to build a tucked in building with a low profile which would not have a lot of exposed wall area, and would blend nicely into the area. Mr. Santwire further indicated that Parcel Two, adjacent to McDonalds, would be the first parcel to be developed. o o Planning Commission Minutes Tuesday, May 28, 1985 Page Four Chairman Tralle opened the public hearing. Mrs. Pat Hetrick indicated Mr. Santwire had stated that he would not move any of the trees. Mr. Milo Hennemen indicated that he felt Mr. Santwire should move the easement and extend Outlot A and then build three buildings in a row. Mr. Hennemen further stated that Mr. Cliff Lundberg had informed Mr. Santwire that he will not get the blessings of the people in the area until this plan is changed. Chairman Tra1le closed the public hearing. Mr. Santwire indicated that all three lots would be served by either Dodge Street or a 60 foot road easement which is located between lots 2 and 3 and McDonald's Restaurant. Mr. Santwire.further indicated that the area would be serviced by all the necessary sewer, water and power. Commissioner Merrick questioned whether the tree line would be disturbed on Lot one. Mr. Santwire indicated that the tree line would not be disturbed and further indicated that before any building would be started. a site plan would be brought to the Planning Commission and City Council for approval. Commissioner Fuchs indicated he felt it was the intention of the Planning Commission to have the whole area laid out at one time and not have a site plan presented for each parcel one at a time. Mr. Santwire indicated that it would be nearly impossible to have the whole PUD area laid out at one time because of the fact that he did not know what was going on the parcels at the present time. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE PRELIMINARY PLAT FOR THE BARRINGTON SQUARE PUD BE APPROVED WITH THE FOLLOWING STIPULATIONS: 1. ALL EXISTING GROWTH BE UTILIZED AS MUCH AS POSSIBLE SO AS TO MAINTAIN A PROPER SCREEN OR BUFFER BETWEEN THE ELK HILLS SUBDIVISION. 2. THAT OUTLOT A AND OUTLOT B BE USED EXCLUSIVELY FOR BUFF ERRING AND THE NECESSARY STORM WATER HOLDING AREA. 3. THAT A SITE PLAN BE SUBMITTED AND APPROVED BY THE PLANNING COMMISSION PRIOR TO A BUILDING PERMIT BEING ISSUED FOR THE INDIVIDUAL LOTS. 4. A DEVELOPER'S AGREEMENT BE ENTERED INTO WITH THE CITY OF ELK RIVER SO AS TO DETERMINE PROPER UTILITY CONSTRUCTION FOR THE SITE. 5. THAT ALL THREE LOTS BE FURNISHED WITH ALL NECESSARY UTILITIES. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 5-1. COMMISSIONER FUCHS VOTING NAY. Chairman Tralle indicated that he believed Mr. Santwire has worked and tried to compromise with the neighbors of the Elk Hills Subdivision and feels he has come up with the best compromise that can possibly be worked out at the present time. o Planning Commission Minutes Tuesday, May 28, 1985 Page Five COMMISSIONER WILSON MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE FINAL PLAT FOR THE BARRINGTON SQUARE PUD BE APPROVED WITH THE FIVE STIPULATIONS STATED IN THE MOTION FOR THE PRELIMINARY PLAT AND ALSO THAT A SIXTH STIPULATION BE ADDED WHICH WOULD READ "THAT THE CITY ATTORNEY REVIEW THE TITLE." COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-1. COMMISSIONER FUCHS VOTING NAY. COMMISSIONER WILLE MOVED TO ADD THE SITE PLAN REVIEW FOR LOT NUMBER TWO OF THE BARRINGTON SQUARE PUD TO THE AGENDA AS ITEM SA. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 4-2. COMMISSIONERS MERRICK AND FUCHS VOTING NAY. SA. Site Plan Review for Parcel 2 of Barrington Square PUD Mr. Santwire indicated that Lot two would be the first lot to be developed and pre- sented a site plan for lot two. Mr. Santwire indicated that the building to be constructed would be 60'by lOS' in size and would have two combinations of concrete block and have a glass front. Mr. Santwire further indicated that the building would possibly have retail establishments and retail service establishments located within. Mr. Santwire stated that the parking far exceeds the ratio for any use and they have planned for parking in the front and in the rear of the building. Mr. Santwire in- dicated plans have been made for landscaping with rocks and shrubs and further stated that the drainage would go into the drainage pond. Landscaping was discussed and it was the consensus that the landscaping would be left to the approval of the Building and Zoning Administrator. Lighting was discussed and it was the consensus of the Commissioners that the lighting should be directed from the north to the south being directed away from Elk Hills residents. Mr. Santwire indicated that the lighting would be quartz flood lamps from the ground. Signage was discussed and it was indicated that the signage should comply with the City's Zoning Ordinance. COMMISSIONER MERRICK MOVED TO ACCEPT THE SITE PLAN FOR LOT TWO OF THE BARRINGTON SQUARE PUD WITH THE FOLLOWING STIPULATIONS: 1. THAT THE LIGHTING WILL BE DIRECTED FROM THE NORTH TO SOUTH AWAY FROM THE ELK HILLS SUBDIVISION. 2. THAT ALL LANDSCAPING SHALL BE APPROVED BY THE BUILDING AND ZONING ADMINISTRATOR. 3. THAT SIGNAGE OF THE BUILDING SHALL COMPLY WITH THE CITY'S ZONING ORDINANCE. 4. THAT THE SITE BE SERVICED WITH THE NECESSARY UTILITIES. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 5-1. COMMISSIONER FUCHS VOTING NAY. 6. Preliminary and Final Plat Approval for Elk River Plaza Second Addition The attorney for Barthel Realty, Mr. John Griese was present and indicated that Good Year Tire Service has requested Lot two of Block Seven of the Elk River Plaza Second Addition. Mr. Griese further indicated that Barthel has requested that all uses in C-l, C-2. and C-3 zoning district be allowed on the site with the exception of fuel o Planning Commission Minutes Tuesday, May 28, 1985 Page Six stations and service stations. Mr. Griese indicated that Barthel Realty and Construction would put in the utilities and the road. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRE- LIMINARY AND FINAL PLAT FOR ELK RIVER PLAZA SECOND ADDITION WITH THE STIPULATION THAT THE PLAT BE APPROVED BY THE CITY ATTORNEY AND THE CITY ENGINEER. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. Mr. Bob Rohline, Barthel's surveyor, indicated that he has been in contact with Mr. Terry Maurer, the City's Engineer, and is working with Terry on this project. 7. Site Plan Review for the Attached Multi-Family Housing in the Elk River Plaza Shopping Center Rick Breezee indicated that the Planning Commission and City Council had reviewed a site plan and concept for attached multi-family housing for the Elk River Shopping Center PUD approximately one year ago. Rick Breezee further indicated that the number of dwelling units allowed at that time were 36 maximum. Mr. Breezee indicated that the developer had requested funding from Minnesota Finance Housing Association, and further indicated that the MFHA had stringent guidelines and rules which require the developer to meet certain requirements. Rick Breezee indicated that MFHA is re- questing the number of units to be decreased for three of the structures and that the number of units be increased to 16 units in the fourth structure. Rick Breezee in- dicated that this would not alter the number of units which were allowed during the initial approval of this request; there would still be 36 units. Rick Breezee indi- cated that the parking lot would remain the same and everything else in the site plan would also remain the same. COMMISSIONER MERRICK MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE SITE PLAN REVIEW FOR THE ATTACHED MULTI-FAMILY HOUSING IN THE ELK RIVER PLAZA SHOPPING CENTER. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 8. Final Plat Review for Deerfield Second Addition Mr. Gerry Smith was present and indicated he was requesting final plat approval for Deerfie1d Second Subdivision. Mr. Smith indicated that the plat had been seen by the City's Engineer. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE FINAL PLAT FOR DEERFIELD SECOND SUBDIVISION WITH THE FOLLOWING STIPULATIONS: 1. THAT A FORMAL DEVELOPER'S AGREEMENT BE ENTERED INTO WITH MR. SMITH FOR THE PROPER CONSTRUCTION OF THE ROAD. 2. THAT ALL FEES BE PAID TO THE CITY BY MR. SMITH REQUIRED FOR THE PRELIMINARY PLAT APPROVAL. 3. THAT PROPER AGREEMENTS BE ENTERED INTO WITH MR. SMITH, THE CITY AND MR. SELLERGREN THE CITY'S ATTORNEY. 4. THAT THE CITY ATTORNEY REVIEW ALL OF THE TITLE DOCUMENTS AND REVIEW THE FINAL PLAT FOR HIS APPROVAL PRIOR TO THE CITY RECORDING THE DOCUMENTS. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. o Planning Commission Minutes Tuesday, May 28, 1985 Page Seven 9. Final Plat Approval for Oak Meadows Subdivision Mr. Jake Jacobson was present and indicated that he was requesting final plat approval for Oak Meadows Subdivision. Mr. Jacobson indicated that the configuration of Lots 1, 2, and 3 of Block 4 had changed because of the contour of the land, but further indicated that the lots still conform to the City's Code. Mr. Jacobson further indicated that Oak Meadows Subdivision consisted of 17 lots. Commissioner Fuchs questioned whether a developer's agreement had been entered into. Mr. Jacobson stated that at the present time, no developer's agreement had been entered into, but that he would be working on it. Commissioner Fuchs further indicated that in the future he would like to see developer's agreements entered into before final plat approval. COMMISSIONER WILSON MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE FINAL PLAT FOR OAK MEADOW'S SUBDIVISION BE APPROVED WITH THE FOLLOWING STIPULATIONS: 1. THAT A DEVELOPER'S AGREEMENT BE ENTERED INTO WITH THE CITY OF ELK RIVER SO AS TO DETERMINE AND GUARANTEE THAT THE ROAD CONSTRUCTION WILL BE DONE WITHIN THE SUB- DIVISION. 2. THAT A PARK DEDICATION FEE BE PAID TO THE CITY IN THE SUM OF 10% OF THE RAW LAND VALUE AS ESTABLISHED BY THE COUNTY ASSESSOR. 3. THAT THE CITY ATTORNEY REVIEW THE TITLE FOR THE SUBDIVISION AND THAT HIS APPROVAL BE GIVEN PRIOR TO PROPER RECORDING OF THE PLAT. 4. THAT THE CITY'S ENGINEER REVIEW THE PLAT. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. 10. Preliminary Plat Approval for River Pine Addition Mr. Charles Christian Jr. was present and indicated that he was requesting preliminary plat approval for River Pine addition which consists of seven one acre lots located on Pascal Street north of l89th Ave. Rick Breezee indicated that no developer's agreement was necessary with this plat because all of the lots abut a city road. Rick Breezee further stated that the plat was located in an R-lb zoning district. Chairman Tralle opened the public hearing. Mr. Lawatsch indicated that he owned property near the subdivision and stated his concern regarding water pollution in regards to lot sizes, and stated he had a concern with underground pollution by septic systems. Rick Breezee, Building and Zoning Administrator indicated that the Minnesota Pollution Control Agency regula- tion for lot sizes regarding septic systems required a minimum of one acre lots in size, and stated that this subdivision would have the minimum one acre lot sizes. Rick Breezee further indicated that the MPCA and City Ordinance states that any septic system be located no less than 50 feet from any deep well 75 feet or deeper, or no less than 100 feet from any shallow well which is less than 75 feet in depth, and further that it must be a minimum of 10 feet from any property line. Planning Commission Minutes Tuesday, May 28, 1985 Page Eight Chairman Tralle closed the public hearing. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE PRELIMINARY PLAT FOR RIVER PINE ADDITION BE APPROVED WITII THE FOLLOWING STIPULATIONS: 1. THAT THE CONCERNS AND STIPULATIONS OUTLINED BY THE CITY'S ENGINEER BE CORRECTED. 2. THAT A PARK DEDICATION BE GIVEN TO THE CITY IN THE AMOUNT OF 10% OF THE RAW LAND VALUE TO BE ESTABLISHED BY THE COUNTY ASSESSOR. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 13. Variance Request by Mr. Thomas Madson Mr. Thomas Madson who lives at 18890 Twin Lakes Road in Elk River was present and indicated that he was requesting a variance of the Elk River Zoning Ordinance which requires that all meta1~skinned and/or agricultural buildings be placed not closer than 600 feet to a neighboring residence in order that he may build a metal- skinned building to be located approximately 125 feet from his nearest neighboring home. Mr. Madson indicated that his building would be used for storage and that no animals would be in his building. Mr. Madson further indicated that he had spoken to his surrounding neighbors and indicated there were no complaints or opposition to him constructing the building. Mr. Madson further indicated that he was requesting to construct a building approximately 4,000 square feet in size. Chairman Tralle indicated to Mr. Madson that according to the Universal Building Code, no accessory structure, which is not used for agricultural purposes, can exceed 1,000 square feet in size. Rick Breezee, Building and Zoning Administrator indicated that he had received three phone calls stating opposition to the variance request. Chairman Tralle opened the public hearing. There was no one for or in opposition of the variance request. Chairman Tralle closed the public hearing. Rick Breezee indicated that he had received a phone call from someone who had stated he was against the variance request because of the type of operation going on in the building. Mr. Madson indicated that he does collect and store auto- mobiles and does do some repair of the automobiles as a hobby. Mr. Madson in- dicated that he would like to know who the complaintants were because of the fact that he had went around and spoke to the neighbors and found that none of them were against his situation. Discussion was held regarding the fact that Mr. Madson currently has on his land two other accessory buildings, one being a wood building and another being a small metal shed. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE VARIANCE REQUEST BY MR. THOMAS MADSON OF 18890 TWIN LAKES ROAD, ELK RIVER BE APPROVED WITH THE FOLLOW- ING STIPULATIONS: Planning Commission Minutes Tuesday, May 28, 1985 Page Nine 1. THAT THE BUILDING NOT EXCEED 1,000 SQUARE FEET IN SIZE. 2. THAT THE BUILDING BE USED FOR STORAGE ONLY. 3. THAT THE SMALL METAL-SKINNED ACCESSORY BUILDING BE REMOVED FROM THE PROPERTY. COMMISSIONER MERRICK SECONDED THE MOTION. THE MOTION PASSED 4-2. COMMISSIONERS WILSON AND WILLE VOTING NAY. 14. Variance Request by the Guardian Angels Foundation Rick Breezee, the Building and Zoning Administrator, indicated that the Guardian Angels Foundation is in the process of getting approval to construct a 35 unit apartment building adjacent to their existing high-rise facility located at 400 Evans Avenue. Rick Breezee further indicated that because this is going to be used as an apartment type facility, the present zoning ordinance requires that all multi~familytype structures be supplied with one enclosed and one unenclosed parking stall for each unit in the structure. Ms. Carol Mills, the Administrator for the Guardian Angels Foundation Nursing Home indicated that she is requesting a variance to the required number of enclosed parking stalls that is needed for multi-family housing. Ms. Mills indicated that the need for parking spaces diminishes as the building matures. Ms. Mills further indicated that when the present high rise structure was built approximately six years ago, the Planning Commission and City Council both granted a variance to the requirement for enclosed parking stalls. Commissioner Temple questioned how many proposed parking stalls would be used in the proposed apartment. Ms. Mills indicated that they were proposing to put no enclosed parking stalls in the building. Ms. Mills indicated that they have 23 cars out of 63 apartments in their existing building. Carol Mills indicated that in the new structure to be built, an enclosed walkway between the two structures would be provided with a grocery store for the essentials needed for the residents. Ms. Mills further indicated that the high rise would be within distance of the new shopping center. COMMISSIONER FUCHS MOVED TO RECOMMEND APPROVAL OF THE VARIANCE TO THE REQUIRED ENCLOSED PARKING STALLS REQUESTED BY THE GUARDIAN ANGELS FOUNDATION FOR THE NEW THIRTY-SIX UNIT APARTMENT BUILDING TO BE CONSTRUCTED. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 15. Variance Request by Mr. Gerald Bernard Mr. Gerald Bernard who lives at 21460 Jarvis Street was present and stated that he was requesting a variance to the 600' foot setback requirement in order!!to build a metal-skinned building. Mr. Bernard indicated that he would like to construct a building that is 24 feet by 27 feet in size and stated that he will be using it as an accessory structure, not as an agricultural building. Mr. Bernard further stated that he is requesting a variance to build the accessory structure approxi- mately 450 feet from his neighbors home. Mr. Bernard further stated that the structure will be less than 1,000 square feet in size. Mr. Bernard also had a statement from both neighbors abutting his property stating that they had no objections. Planning Commission Minutes Tuesday, May 28, 1985 Page Ten Rick Breezee indicated that Mr. Bernard is located in a very dense woods and none of his neighbors would be affected by placing the structure where he had indicated. COMMISSIONER MERRICK MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE VARIANCE REQUESTED BY MR. GERALD BERNARD OF 21460 JARVIS STREET NW., BE APPROVED. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 16. Ordinance Amendment and Conditional Use Permit Request by Mr. Ron Kuhn of 812 Main Street and Mr. John Weicht of Elk River, Minnesota. Mr. Weicht indicated that he and Mr. Ron Kuhn were proposing to construct a health club facility located on the intersection of Proctor and School Street. Mr. Weicht indicated that the structure would house three indoor tennis courts, four indoor racquet ball courts, mens and womens lockerroom facilities with sauna an whirlpool spas for each, an aerobics and exercise facility, a dining and eating area and also would have a pro shop along with it. Mr. Weicht indicated that Mr. Ron Kuhn would also run his travel agency business from the structure. Mr. Weicht indicated that also located within the structure would be a babysitting area and a number of tanning booth areas. Mr. Weicht indicated that the structure would be steel constructed with metal skinned exterior. Mr. Weicht indicated that first they were requesting an ordinance amendment to allow health clubs and related uses in R-4 zoning. districts. Mr. Kuhn and Mr. Weicht indicated that because of the higher density apartment type facilities which are allowed in R-4 districts, and also community centers which are also allowed in these districts, they feel a health club would be appropriate in this zoning district. Further discussion was held regarding the health club facilities. It was indicated that there would be riinety parking spaces and the parking lot would be paved. Mr. Weicht indicated that the building would have to be metal-skinned because of the size of structure. Mr. Weicht further indicated that the cost of putting in a brick building for this size of structure would not be feasible in Elk River. Commissioner Merrick was concerned with the hours of operation and indicated he would feel comfortable with the hours of 6:00 a.m. to 11:00 p.m. Discussion was held regarding office space being used in the health club facility, and whether or not this should be included in the ordinance amendment. Commissioner Wilson indicated he had a concern regarding what other type of offices should be permitted in an R-4 zoned area. It was the concensus of the Planning Commission to word the amendment so as to state "attached professional offices" indicating that only offices attached to a health club facility be allowed in the R-4 zoned area. Commissioner Merrick questioned the traffic flow. It was indicated that the City's Engineer Mr. Terry Maurer had looked into the traffic flow, and also that there would be access on School Street and Proctor Street. COMMISSIONER MERRICK MOVED TO RECOMMEND TO THE CITY COUNCIL AN ORDINANCE AMENDMENT TO SECTION 900.16(4) TO ALLOW HEALTH CLUBS AND ATTACHED PROFESSIONAL OFFICE FACILITIES IN AN R-4 DISTRICT AS A CONDITIONAL USE. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 6-0. o Planning Commission Minutes Tuesday, May 28, 1985 Page Eleven COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A CONDITIONAL USE PERMIT REQUESTED BY MR. RON KUHN AND MR. JOHN WEICHT FOR THE CONSTRUCTION OF A HEALTH CLUB FACILITY AND ATTACHED PROFESSIONAL OFFICE FACILITIES BE APPROVED WITH THE FOLLOWING STIPULATIONS: 1. THAT THE REQUIRED NUMBER OF PARKING SPACES BE INCLUDED. 2. THAT LANDSCAPING BE REQUIRED ACCORDING TO THE CITY STAFF'S RECOMMENDATION. 3. THAT THE HOURS OF OPERATION BE FROM 6:00 A.M. TO 12:00 A.M. 4. THAT THE LIGHTING NOT BE DIRECTED TO ANY RESIDENTIAL AREA. 5. THAT THE SITE BE ESTABLISHED WITH THE NECESSARY UTILITIES. 6. THAT THE SIGNAGE COMPLY WITH THE CITY'S SIGN ORDINANCE. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. 17. Consider Conditional Use Permit and Variance Request for Chip Martin. This item was continued as per Mr. Chip Martin's request. 18. Consider Zone Change Request for Mr. Richard Vensland This item was continued as per Mr. Vensland's request. 19. Consider Ordinance Amendment Requiring Surveys Rick Breezee indicated that the City Staff was recommending an ordinance amendment to the City Ordinance 1002- Building Code Regulations which would require that all lots 10 acres or smaller in size be surveyed by a state registered surveyor and that all building permits be required to have a certificate of survey prior to building permit issuance of such lots. Rick Breezee indicated that he felt there was a tremendous liability on the City and the builder when relying on either the property owner or the developer to indicate where the property lines are. Rick Breezee further indicated that the average cost for a survey on a one to a two and half acre site ranges from $300 to $500. COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE CITY ORDINANCE 1002 - BUILDING CODE REGULATIONS BE AMENDED TO REQUIRE THAT ALL LOTS TEN ACRES OR SMALLER IN SIZE BE SURVEYED BY A STATE REGISTERED SURVEYOR AND THAT ALL BUILDING PERMITS BE REQUIRED TO HAVE A CERTIFICATE OF SURVEY PRIOR TO BUILDING PERMIT ISSUANCE. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 6-0. Planning Commission Minutes Tuesday, May 28, 1985 Page Twelve 20. & 21. Pole Barn and Metal-Skinned Buildings and Junk Yard Definitions Rick Breezee indicated that he would have this information to the Planning Commission Members at the June meeting. There being no further business, COMMISSIONER WILLIE MOVED TO ADJOURN THE MEETING. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. The meeting adjourned at 11:05 p.m. Respectfully submitted, ~a~~r~ Planning Commission Secretary sm o