07-23-1985 PC MIN
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ELK RIVER PLANNING COMMISSION MEETING
HELD AT THE ELK RIVER PUBLIC LIBRARY
JULY 23, 1985
Members Present: Chairman Tralle, Commissioners Merrick, Fuchs, Wilson, Temple, Warner
and Wille.
Members Absent: None
Staff Present: Tom Bublitz, the City Administrator, Rick Breezee, Building and Zoning
Administrator, also City Attorney, Dave Sellergren
1. Call Meeting to Order
Chairman Tralle called the meeting to order at 7:30 p.m.
2. Consider Agenda for the July 23, 1985 Planning Commission Meeting.
COMMISSIONER MERRICK MOVED TO ACCEPT THE AGENDA AS PRESENTED. COMMISSIONER TEMPLE
SECONDED THE MOTION. THE MOTION PASSED 7-0.
3. Consider Minutes of the June 25, 1985 Planning Commission }~eting
Chairman Tralle noted that item It5, first paragraph, last line should read, "all park
dedication fees must~ paid instead of me paid", and page three, second to last
paragraph should be changed to Mr. Gonyea said there would be ~ drawn up, and not on."
COMMISSIONER FUCHS MOVED TO APPROVE THE JUNE 25, 1985 PLANNING COMMISSION MINUTES.
COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PISSED 7-0.
4. Replat of Barthel Multi-Family Housing Project
The attorney for Barthel, Mr. John Griese and Skip Sorenson, Architect in charge of the
project, were present to represent Barthel in requesting replat of the mulit-family
housing.
Rick Breezee, the Building and Zoning Administrator indicated that as far as the initial
site, the internal traffic flow has not changed at all. They have still provided the
number of on-site parking requirements, both enclosed and non-enclosed. This was
submitted to Terry Maurer, the City's Consulting Engineer and he has talked to Skip
Sorenson and his people on these recommendations, and they have provided us with a
new set of plans. A set of plans were submitted to Russ Anderson, Elk River Fire
Chief and the only thing he did was recommend another fire hydrant be supplied. Rick
recommended that a bermed buffer be provided between the proposed single family and
multi-family complex.
Mr. Sorenson indicated that the ratio in the 16 complex building are basically fourteen
two bedroom units and two one bedrrom units. Your having more two bedrooms in here
than you are in the normal twelve complex. The intent is to try and make it more
available for young married couples in a rental situation, first time home buyers.
Chairman Tralle opned the public hearing. There was no one for or in opposition of
the request.
Chairman Tralle closed the public hearing.
COMMISSIONER FUCHS MOVED TO APPROVE THE 40 UNITS OF MULTI-FAMILY HOUSING FOR BARTHEL
PLAZA AS OUTLINED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO. COMMISSIONER WILSON
SECONDED THE MOTION. THE MOTION PASSED 7-0.
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Planning Commission Minutes
Tuesday, July 23, 1985
Page Two
4~. Fullerton Lumber
Chairman Tralle informed the Planning Commissioner members that Fullerton is a
non-conforming status and requested to remove one outside storage building and
construct a new one in different location. Presently they are zoned R-4 which
is multi-family housing and as such they are non-conforming. They are here to
"present their long and short term needs and possibly look at this as future
rezoning.
John Quam, Fullerton Minneapolis, Steve Poole, and Dick Clough were present to
rep~esent Fullerton Lumber.
Mr. Quam stated they have had a drainage problem for quite some time and their
putting in a storm sewer in their yard. In order to get the correct drainage
we have an old building we would like to remove, but if we do that we would like
to, put in a new one. Mr. Quam showed pictures and gave out handouts.
Rick Breezee indicated that at their initial visit, late fall, they had wanted
to put in another building and also wanted to get an edge on what was going on
because of the possible start up on Highway #10.
Rick indicated that 1) They can maintain their present site for general maintenance
purposes and up-keep 2) Another possibility is to go through a section of the
ordinance to allow a certain percentage of enlargement or expansion. There are
about twelve standards that would have to be followed before they can do that.
Also that would take a public hearing and need council approval. 3) The other
optio~ zone change to a zone that would allow their use within that area. 4)
Amend the ordinance to allow that use in that zone.
Rick discussed HRA background and gave out handouts.
Chairman Tralle felt they should be rezoned.
Chairman Tralle askl2d for comml2nts from the audience.
Dave Sellergren asked about the land USI2 map and what does this show?
Rick Breezeestated that the land use map shows that as being borderline of MD
(medium density, CB (central business).
Dave Sellergren said, then when you post your notice you want a notice ammending
the land use plan also? Rick indicated, yes.
Chairman Tralle felt rezoning was the appropriate way to go.
The consensus of thl2 Planning Commission was to have Fullerton come back for a
zone change to C-3a.
Planning Commission Minutes
Tuesday, July 23, 1985
Page Three
05.
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Variance Request for Eugene Mosbek
Mr. Eugene Mosbek was present as was neighbor JermomeZerwas. Mr. Mosbek was
requesting a variance from a 600' setback for a metal skinned building from
any neighboring residence or sub-division. He was requesting to put up a
structure 28' by 60' in length, 1600 square feet.
Chairman Tralle asked how many acres he owned? Mosbek said, he owned 3~ acres
and wanted the building for small animals. Thl2re would be no fences and no
animals outside.
Rick Breezee explained what the requirements were in the uniform Building Code.
No accessory structure shall exceed 1000 square feet unless its zoned agricultural
used for agriculture. Mr. Mosbek has indicated that he will be using it for
agricultural purposes at least initially and because of that the building code
does exempt agricultural buildings. Their exempt from building codes that state
an ammendment that allows a structure if used for agricultural can exceed the
1000 square feet. However, the City of Elk River does issue building permits
and waive the fee so as to make certain that the zoning classification or
designations arl2 enforced.
This variance is not really the problem of square feet because it is used for
agriculture but, because of the 600 foot setback requirement needed for metal
skinned or agricultural buildings from a neighboring residence.
Chairman Tralle asked how many homes were out there?
Mr. Mosbek said there were maybe three or four, Mr. Jerry Zerwas being the closes
neighbor.
Chairman Tralle felt 1600 square feet was a lot of space for a few chickens. In
the past other people have requested similiar large sized buildings and we have
gone around about this.
Mr. Mosbek felt he hated to build a too small agricultural building and then add on
later. Mr. Mosbek said its primary use was for animals and not store equipment.
Chairman Tralle stated even stretching the definition of agricultural use and
Mr. Mosbek owning only 3~ acres this was too large of a building.
Chairman opened the public hearing. Mr. Jerry Zerwas appeared for the request and
no one in opposition of the request.
Chairman Tralle went over the five standards for a variance request for Mr. Mosbek
and the Planning Commission members.
COMMISSIONER FUCHS RECOMMENED TO THE CITY COUNCIL TO APPROVE A VARIANCE REQUEST
WITH THE EXCEPTION THAT THE BUILDING BE LIMITED TO 1000 SQUARE FEET. COMMISSIONER
STUART SECONDED THE MOTION. THE MOTION PASSED 7-0.
06.
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Planning Commission Minutes
Tuesday, July 23, 1985
Page Four
Consider Zone Change for Property on Highway #169 from R-lb to C-3b
Chairman Tralle opened the Public Hearing.
Discussion was held on rezoning highway #169 from a R-lb to C-3b.
Dave Sellergren, City Attorney asked have you defined the limits of this big
R-l zone and why their bringing it back?
Rick indicated that Estelle Gunkel requested to bring it back. We have determined
what the proper land use is and what the zoning should be.
More discussion was held on rezoning and if rezoned what about service roads.
CarolMelby residence of Elk Hills and representing Dave Gilgenbach, stated that
Dr. Gilgenbach is interested in purchasing property for the development of an
extremely needed aminal hospital. Residents of Elk Hills felt putting in a service
road would not create any problems. Chairman Tralle said they were trying to get
away from the concept of strip zoning and we would not rezone just a piece of
property for Dr. Gilgenbach.
Rick Breezee, Building and Zon~g Administrator indicated that if you allow Mr.
Gilgenbachto keep the zoning as is what is going to prevent any competition or
any other veterinary clinics or similiar uses to pop in next door to your house.
For example, if you limit it to a R-lb zoned area it would really give no one
control at all. The Planning Commission has looked at this three times for Mr.
Gilgenbach and could not do anything about it.
Commissioner Merrick felt if we rezoned this to commercial it would allow all kinds
of business to go in there. It would take business away from downtown. We have
to look toward the future and not one person.
Rick indicated a survey was done by a consulting planner and we have over 70% of
our commercial areas still vacant. Were not even close to being developed let
alone have anything on it, and by creating more it will just take away from our
downtown business district as Commissioner Merrick indicated or possibly creatl2
additional vacant land~
Rick indicated that he would be happy to work with Dave Gilgenbach to get him
into a new site.
Chairman Tralle indicated that the Planning Commission was just trying to advise
the Council on land use and how this City should grow. If this whole area were
to be rezoned commercial it would be very unfair to the people who already have
property for sall2.
COMMISSIONER MERRICK MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY A ZONE CHANGE
FOR PROPERTY ON HIGHWAY #169 FROM A R-1B to C-3B. COMMISSIONER WERNER SECONDED
THE MOTION. THE MOTION PASSED 7-0.
Planning Commission Minutes
Tuesday, July 23, 1985
Page Five
07.
Consider Ordinance Amendment for Private Roads
Chairman Tralle opened the public hearing.
Chairman Tralle stated once this has been acted on or is deleted from our ordinance
no private roads will be submitted within the City for any new property.
Rick Breezee, Building and Zoning Administrator indicated that when he first
started working for the City he had indicated to Gary Denzer and the Planning
Commission that all property had to abut upon a public street or road. We got
our first zero lot line request and that was by Gene Kruiser shortly after I
started here. We initiated an ordinance that would allow zero lot line situations,
the later part of 1981.
Chairman Tralle indicated that we still have people out there who will not speak
to each other because of private road sitNations. We havl2 people who could not
sell their home or get bank loans because of private roads.
Dave Selll2rgren indicated you could set up a legal
Association and you have the authority to access.
involved in zl2ro lot line or townhouse development
that would be the right approach to make. Be sure
in the ordinance.
mechanism with the Townhouse
Mr Sellergren felt the weakness
(there shall be no private roads)
and use the definition we have
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Dave Sellergren will draft an appropriate ordinance for this.
Gary Denzer who lives at 10481 203rd Ave. NW in Elk River was present and wanted
to know what about circumstances involving property such as his that are on existing
private roads other people use. Gary was under the impression he could build a
tar road back there, which is now a gravel road.
Dave Sellergren stated simply in order to further subdivide a piece of land and get
a building permit for the subdivided lot it would have to meet with other require-
ments of the ordinance. The City would say you can not further subdivide a piece
of land unless all the lots have the required frontage on a road. If pre-existing
lots of record have previously been using this private road and now turning it into
a public road then they may very well have to pay for the black topping, but that's
the price to pay from turning on twenty acre lot into four five acre lots.
Chairman Tralle closed the public hearing.
This item was tabled until Dave Sellergren returns with a proper ordinance amendment
and definition.
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Planning Commission Minutes
Tuesday, July 23, 1985
Page Six
8. Miscellaneous Items
The Planning Commission members carried on discussions in a work session regarding
Administrative Subdivisions, Junkyards, Home Occupations and Agricultural defini-
nitions, including animal unit factors.
There being no further business, COMMISSION :TEMPLE MOVED THAT THE MEETING BE
ADJOURNED. COMMISSIONER MERRICK SECONDED THE MOTION. THE MOTION PASSED 7-0.
Meeting Adjourned at 11:00 p.m.
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Sharon Maue
Planning Commission Secretary