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09-24-1985 PC MIN ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, SEPTEMBER 24, 1985 Member Present: Commissioners Merrick, Fuchs, Temple, Warner, Wilson and Wille Members Absent: Chairman Tralle Staff Pr'esE'nt: Rick Breezee, Buildins and Zonins Administrator 1. Call Meetins to Order Commissioner Wille called the meetins to order at 7:30 p.m. 2. Consider Asenda for the September 24, 1985 Plannins Commission Meetins Item 5.5 - sisn for Food-N-Fuel was added to the asenda. COMMISSIONER WILSON MOVED TO ACCEPT THE SEPTEMBER 24, 1985 AGENDA AS AMENDED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. 3. Consider Minutes of the Ausust 27, 1985 Plannins Commission minutes Commissioner Wilson noted that on pase two of the minutes, it should state' "Commissioner' War-ner- seconded the motion". Commissioner Wille noted that on pase five under Item 7, number- two should r'ead 2.5 acr-(? minimum lot size". "Commissioner' Me'r'ick note-d that on F'ase five under- Item #7.5 should be added Commissioner Merrick was asainst any further development north of Elk Hills Dr'ive. COMMISSIONER FUCHS MOVED TO APPROVE THE AUGUST 27. 1985 PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER MERRICK SECONDED THE MOTION. THE MOTION PASSED 6-0. 5.5 Request for Enlarsement Sisn at Food-N-Fuel/Gary Santwire Gary Santwire was not present for this issue. Discussion was carried on by the Plannins Commission re9ardins the si9n at Food-N-Fuel. Commissioner Merrick indicated he would like .to see- this tabled until Mr. Santwire comes back with a new pr'OF-'osa 1. The Plannins Commission consensus, however, was to only allow one freestanding si9n with the Phillip's 66 5i9n on the pole ~. o and one additional wall si9n. this beins th~ Food-N-Fuel sign, Consider Variance Request for James Albrecht, Public Hearin9 This item was held at this time because of the- fact that the representative for item #4 was not present at this time. Mr-. ,-lames Albr"t'cht. who Ol..Jns a light inductr'ial use locate"d at 10918 173rd Avenue, Elk River was present and indicated he wanted to construct an addition onto the rear of his existing structure-, and that he would follow the pre-sent wall line- of his existing structure. Commissioner Fuchs asked if he was doing any excavating and Mr. Albrecht indicated he was doing some site- grading for water run off, but no excavating has been done for the actual building. Commissioner Wille opened the public hearing. There was no one for or in opposition of the variance request. Commissioner Wille closed the public hearing. Commissioner Wille inquired about the set backs regardin9 the LP tank. Mr. Albrecht indicat~d that it does meet all the re-quirements and does have a c~rtificate on the lp tank approved bv the State Fire Marshall. Commissioner Fuchs asked what type of busin~ss Mr. Albrecht was in. Mr. Albrecht indicated he was in the wholesale business selling break pads and break products. The Planning Commission was conce-rned about the visibility from the railroad tracks being a problem. However, after discussing it further they felt that becaUSE of the large distance of the building from the road already that this would not create a problem. The visibility angle is at the front edge of the building. Commissioner Wille indicated that in order for a variance re9uest to be 9ranted there were five conditions that had to be met. Commissioner Wille went over these five conditions for Mr. Albrect. The Planning Commission felt that they could pass favorably on all five items. COMMISSIONER WILSON MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE VARIANCE REQUEST BY MR. JAMES ALBRECHT OF 10918 173RD AVE N.W. BE APPROVED ALLOWING A 15 FOOT ENCROACHMENT TO THE REQUESTED 25 FOOT SIDEYARD SETBACK. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. :~~ o o o 4. Consider Conditional Use Permit for John Satterstrom and Laura VanErp/Public Hearing Rick Breezee the Building and Zoning Administrator indicated that Mr. Satterstrom and Ms. Laura VanErp were not present. Rick also indicated that they have sisned a purchase agreement with the existins owne-r contingent upon them receivins this home occupation conditional use permit. It was the consensus of the Planning Commission to so ahead with this item. Commissioner Wille opened the public hearins. Mr. John Talbot who lives at 14045 Hishway 10 was present and he was asainst any change other than residential. He indicated that they could not be here every time this happens and did not want to see this property zoned commercial. The Building standards that requested. and Zoning must be Administrator went over the five followed when a home occupation is Commissione-r Merrick was concerned about we have if these five conditions are not indicated that we could revoke their conditions are not met. the legal remedies met. Rick Breezee permit if these The Buildins and Zoning Administrator went over the five standards that must be followed when a home occupation is requested. Commissioner Wilson indicated that a barn full of antiques is beyond what a home occupation is, more of a business than a home occupation. Commissioner Temple indicated that a sign two square feet in are-s was awfully small for a building that size. The Building and Zoning Administator indicated that he did review the five standards with Ms. VanErp and she indicated that she could abide by all five standards as required. Commissioner Wille closed the public hearins. COMMISSIONER FUCHS MOVED TO DENY A CONDITIONAL USE PERMIT FOR JOHN SATTERSTROM AND LAURA VANERP FOR THE SELLING OF ANTIQUES FOR A HOME OCCUPATION. COMMISSION WILSON SECONDED THE MOTION. THE MOTION PASSED 6-1. COMMISSION WILLE VOTING AGAINST THE MOTION. Commissioner Fuchs denied of the buildins is too singe family residential would indicate that the the motion because he felt the size larse for a subordinate use in the area. The size of the structure amount of goods or products that 3 D o could be sold be in a commercial zon~. Commissioner Temple fe-It that they may be more interested in this property as commercial rather than in residential dwellin9, indicatins why she denied this re~uest. Commissioner Merrick denied the re~uest because they did not show UP and he did not know where the people were comin9 from as far as their future intentions for their business. The buildins seemed ve-ry large for Just a home occupation. There bein9 no furhter business. COMMISSIONER MERRICK MOVED THAT THE MEETING BE ADJOURNED. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. Meeting adjourned at 9:00 p.m. Respectfully submitted, \~ J ...i ()e JA'1 tl../ ~f,---,/ ,7"1 . .,/ 7 ((..: <-~ Shar"on Maul? 4