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02-28-1984 PC MIN o o o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY FEBRUARY 28, 1984 Members Present: Chairman Tracy, Commissioner's Pearce, Tralle, Hartman, Oster, and Wille. Members Absent: Commissioner Ward Staff Present: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Tracy called the meeting to order at 7:30 p.m. 2. Consider Minutes of the January 24, 1984 Planning Commission Meeting COMMISSIONER TRALLE MOVED TO ACCEPT THE JANUARY 24, 1984, PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 6-0. 3. Consider Agenda for February 28, 1984 Planning Commission Meeting Rick Breezee, Building and Zoning Administrator indicated that he would like to add item 7~ - discussion of meeting time for Planning Commission Meeting, to the Agenda. It was the consensus of the Planning Commission Members to accept the agenda as amended. 4. Consider variance for Cliff Lundberg Cliff Lundberg was present for this item. Chairman Tracy indicated that Cliff Lundberg, who owns property at 404 Jackson Avenue NW, has requested from the City a number of variances to anew use which he is proposing for the site. Chairman Tracy further indicated that the property at 404 Jackson was previously known as Cotrelli's Pizza, and that the building had burned down this winter. Mr. Cliff Lundberg indicated that the building which burned down had "0" setback and contained 2,500 square feet on the main floor. Mr. Lundberg further indicated that he had met with Zack Johnson, the City Planner and that they had arrived at the conclusion of a 5' setback on 4th Avenue and a 10' setback on Jackson, and a 5' setback on Ollie Micheau's property line. Mr. Lundberg indicated that he was proposing to replace the previous building with another building which would be 2,500 square feet also, and that the 2,500 square feet would on on one floor. Commissioner Tralle questioned what the variance was for Doug Johnson's building across the street. Rick Breezee indicated that Mr. Doug Johnson had reduced the size of his structure so he could meet the setbacks on 4th and Jackson, but a variance was granted so as to meet the setbacks for the Food and Fuel lot line. Rick Breezee further indicated that Doug Johnson had two lots to work with, therefore he had more land area than Cliff Lundberg's situation; o o Planning Commission Minutes February 28, 1984 Page Two Mr. Ollie Micheauindicated that Cliff Lundberg wanted to have a 5' setback from his property line, and Mr. Micheau indicated that he would like to see a 10' to 15' setback because of the fact that the roof would overhang onto his property and that the water would run off on his property creating problems for him. Mr. Micheau further indicated that in the winte~ snow fills in their driveway because of the building being too close to his lot line. Commissioner Hartman questioned whether there was any way to drain the water run-off. Cliff Lundberg indicated that this could be taken care of. Chairman Tracy indicated that in the City Ordinance, it was stated that any new land being developed cannot affect any other property. Mr. Lundberg indicated that curbing along the property line to prevent water going onto Mr. Micheau's property could be installed, and also that grass or storm drains could also be put in. Mr. Lundberg further indicated that there were a number of solutions available to correct the water drainage problem. Cliff Lundberg indicated that the people who own the parking lot next to the Christian Book Store indicated that they may be willing to lease the parking area to him for his building. Chairman Tracy questioned what would happen if another person bought the property owned by the Christian Book Store, and would not be willing to lease the parking area to Cliff Lundberg any longer. Rick Breezee indicated that if this should happen, then a new parking area would have to be found for the building. Chairman Tracy indicated that he felt that the Commissioners should go with what parking space is available at this time, and not go with the parking space across the street. Rick Breezee indicated that 7 to 8 parking stalls were required for a 2,500 square foot building for office use, and that 15 parking stalls were required if a restaurant were to be located in the building. Mr. Ollie Mischeau again indicated that he was concerned that the closer the building was to his lot line, the more snow he would get because of Cliff Lundberg's building being too close to his house which thereby would create a suction and snow would build up in his driveway. Commissioner Oster felt that nothing could be done with the drifting and blowing snow, but that something could be don~ with the water and drainage problems. Commissioner Tralle questioned whether there was a visibility problem on the inter- section of Jackson and 4th. Rick Breezee indicated that he felt that it was impor- tant that a good visibility triangle be maintained so as to move the traffic rapidly and safely, he further indicated that 4th Street was a narrow residential street and stacking of automobiles waiting to get onto Jackson has happened many times in the past. Commissioner Tralle indicated that he would like to suggest that there be no parking on the corner of Jackson. Rick Breezee further indicated that both he and Zack Johnson were in favor of 10' setbacks along both Jackson and 4th Street. Commissioner Pearce indicated that he would be in favor of a 2,500 square foot building with the necessary parking spaces which would limit what can go into the building with 8 parking spaces. Chairman Tracy indicated that the Commissioners 06. o Planning Commission Minutes February 28, 1984 Page Three should look at the five standards found under Section 900.40(5) of the Elk River Zoning Ordinance. The Planning Commissioners reviewed the five standards, and a majority of the Planning Commission members found Cliff Lundberg's variance request in compliance to all five of the standards. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE VARIANCE RE- QUEST BY CLIFF LUNDBERG FOR THE PROPERTY AT 404 JACKSON AVENUE NORTHWEST BE GRANTED FOR A 2,500 SQUARE FOOT BUILDING WITH 8 PARKING S~ACES, AND THAT THE EAST SETBACK BE 8 FEET, THE SOUTH SETBACK BE 5 FEET, AND THE WEST SETBACK BE 7 FEET, AND THAT A 20 FOOT VISIBILITY TRIANGLE ON 4TH AND JACKSON BE INCLUDED, AND ALSO THAT THERE BE NO PARKING ON JACKSON FOR 60 FEET NORTH OF 4TH STREET ON THE EAST SIDE. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 5. Site Plan Review for McDonald's Corporation Expansion Rick Breezee, Building and Zoning Administrator, indicated that McDonald's Cor- poration has submitted a set of plans for expansion of their existing restaurant located on Dodge Avenue in the Santwire PUD. Rick Breezee further indicated that the expansion consists of approximately 12 feet in front of their existing structure. Rick Breezee further explained that the expansion is for a new concept that McDonald's Corporation is anticipating for their facility, which is to allow the general public to be able to purchase hamburgers, french fries, etc. from an outside window access. COMMISSIONER TRALLE MOVED TO APPROVE THE NEW SITE PLAN FOR THE MCDONALD'S CORPORATION EXPANSION. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 6-0. Mr. Ken Lockwood Variance Request Mr. Ken Lockwood was present for this request. Chairman Tracy indicated that Mr. Ken Lockwood who lives at 13616 192nd Avenue North- west, Elk River, has constructed an agricultural pole barn structure without first obtaining a building permit to do so. Chairman Tracy further indcated that Mr. Lockwood's agricultural structure encroaches approximately 425 feet closer than the 600 foot requirement to Belgian Acres Platted subdivision. Mr. Lockwood indicated to the Planning Commissioners that the poles to his building had been in the ground since 1978 or 1979, and that he had planned on putting this building up for some time. Mr. Lockwood further indicated that he owned a total of 27 acres. Commissioner Pearce questioned Mr. Lockwood as to why he did not come into the City to get a building permit for the agricultural building. Mr. Lockwood indicated that he did not think he needed a building permit for an agricultural building because there would be no footings involved, and he also indicated that the building is being used to replace an older building, and that it is used for milk cows. Mr. Lockwood further indicated that by putting the building where it is now, it is farther away from the subdivision than the older building was. The Planning Commission members reviewed the five standards found under Section 900.40(5) of the Elk River Zoning Ordinance, and found them all to be positive in Mr. Lockwood's case. o Planning Commission Minutes February 28, 1984 Page Four COMMISSIONER HARTMAN MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A 425' VARIANCE ENCROACHMENT BE GRANTED TO MR. KEN LOCKWOOD, AT 13616 192ND AVENUE NORTHWEST, ELK RIVER, FOR THE LOCATION OF HIS AGRICULTURAL STRUCTURE WITH THE STIPULATION THAT THE ENTIRE AREA BE CLEANED UP, AND. THAT THIS VARIANCE BE REVIEWED YEARLY, AND THAT IT BE IN COMPLIANCE WITH THE CITY ORDINANCE DEALING WITH NUISANCES AND ACCUMULATION OF DEBRIS. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 6-0. 7. Consider Conditional Use Request for Wapiti Park Campground Rick Breezee indicated that Wapiti Park Campground located at 18746 Troy Street was applying for a conditional use permit. Rick Breezee further indicated that the zone was previously A-l/Agricultural, and that it had recently been changed to an R-lb/Single Family, and that a campground was considered a conditional use in R-lb zones. Mr. Roger White, president of Wapiti Park Campground, was present at th~ meeting. Commissioner Tralle questioned whether Troy Street was a private road or whether it was City maintained. Rick Breezee indicated that Troy Street was a private road and that the City did not maintain it. Mr. White indicated that he maintained the road himself, and kept it plowed in the winter. Rick Breezee indicated that a private road easement agreement should be signed. Mr. White indicated that his camp had 109 improved sites and 20 tent sites. Com- missioner Hartman questioned whether Mr. White had any plans for expansion. Mr. White indicated that he had no definite plans for expansion at the present time. Chairman Tracy questioned the hours of operation of the campground. Mr. White indicated that their grocery store was open from 8:00 a.m. to 11:00 p.m. Chair- man Tracy questioned whether the store was just for campers or if it was used for neighboring residents in the area. Mr. White indicated that the store was mainly for campers that come to his campground, but that sometimes neighboring residents did use the store. Mr. White indicated that the closing time for the camp area is 11:00 p.m. Chairman Tracy questioned whether Mr. White had a restaurant in the campground. Mr. White indicated that there was a restaurant in the campground for the campers, and that they had a full menu served in the restaurant. Mr. White further indicated that there were times when neighboring residents came to the restaurant for meals. There was some discussion held regarding whether the store and restaurant should be allowed in this R-lb area. It was the consensus of the Planning Commissioners that the store and restaurant be primarily for the use of the campers and should not be expanded. Mr. White indicated to the Commissioners that he and his wife had tried to build up the recreational facilities which will fit in with the needs and uses of the area. Discussion was held regarding recreational vehicle maintenance, service, and storage at Wapiti Park Campground. It was the general consensus of the Planning Commissioners that very minor maintenance and repair of recreational vehicles be restricted to campers in emergency situations only, and that they are camping at the site, and that no storage be allowed. o o Planning Commission Minutes February 28, 1984 Page Five Discussion was held regarding the Whites conducting hayrides from their campground, and the care and housing of horses. Mr. White indicated that they had only four horses and that there was no problem with care and maintenance of these horses at the present time. Chairman Tracy questioned Mr. White whether he had people living in his campground in year-round camping trailers. Mr. White indicated that construction people working in the area would sometimes come with their families and stay for a few months in his campground. Rick Breezee indicated that he had driven through the campground for inspection purposes at various times and he felt it was evident that a number of sites were being used for more than just camping, and also indicated that he felt there were sites set up for year-round use. Rick Breezee further indicated that this use is not intended as a mobile home park. Chairman Tracy indicated that he felt there should be a recommended amount of time as to how long people can stay at the campground legally. Commissioner Pearce questioned whether a special permit could be granted for people who are working in the area for an extended period of time. Rick Breezee indicated that this would not be feasible because of the building Code and the restrictions placed on a permanent residential facility. Commissioner Wille indicated that he disagreed with Mr. Breezee because Mr. White has a campground and that people may want to camp in the winter time. Mr. Breezee indicated that he had no problem with people camping in the winter, but that he did have a problem with people staying at the campground indefinitely, because the.campground does not meet the building code, HUD standards, or the proper zoning. It was the general consensus of the Planning Commission that the campground be used for camping only, and that it not be used as a permanent residency. The Planning Commissioners further consented to not put this in the motion but to wait for an interpretation from the City Attorney, and that the City Council could then include it in thei:r motion if they so desired. Rick Breezee indicated that he felt that what the Whites have done to the camp- ground is a positive influence on the City of Elk River. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT WAPITI PARK CAMP- GROUND LOCATED AT 18746 TROY STREET, BE GRANTED A CONDITIONAL USE PERMIT TO ALLOW THE OPERATION OF THE CAMPGROUND IN A R-lB ZONE WITH THE FOLLOWING CONDITIONS: 1) THAT A MUTUAL ROAD EASEMENT AGREEMENT ACCORDING TO SECTION 1008.14(0) OF THE CITY CODE BE SIGNED. 2) THAT THE NUMBER OF CAMPSITES WITHIN THE CAMPGROUND BE 109, AND THAT THERE ALSO BE 20 TENT SITES, AND THAT NO ADDITIONAL CAMPSITES BE ADDED. 3) THAT THE HOURS OF OPERATION OF THE CAMP AREA BE FROM 8:00 A.M. TO 11:00 P.M. 4) THAT MINOR MAINTENANCE AND REPAIR OF RECREATIONAL VEHICLES BE RESTRICTED TO CUSTOMERS CAMPING IN THE CAMPGROUND, AND ALSO THAT THIS BE RESTRICTED TO EMERGENCY SITUATIONS ONLY. 5) THAT THE STORE AND RESTAURANT FACILITY LOCATED IN THE CAMP AREA BE PRIMARILY FOR THE USE OF THE CAMPGROUND AND THAT THESE FACILITIES SHOULD NOT BE EXPANDED. o o Planning Commission Minutes February 28, 1984 Page Six 6) THAT THE CONDITIONAL USE BE REVIEWED EVERY TWO YEARS. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 7~ Planning Commission Meeting Starting Time Chairman Tracy indicated that he would like some comments from the commissioners regarding the Planning Commission starting their meeting at 7:00 rather than 7:30. After some discussion, it was the general consensus of the Planning Commissioners to start the Planning Commission meetings at 7:00 instead of 7:30. There being no further business, COMMISSIONER HARTMAN MOVED TO ADJOURN THE MEETING. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 6-0. Meeting adjourned at 9:55 p.m. Submitted, Zoning Administrator RB:st