Loading...
06-26-1984 PC MIN D o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY JUNE 26, 1984 Members Present: Chairman Tracy, Commissioners Tralle, Pearce, Oster, Wille & Temple. Members Absent: Commissioner Hartman Staff Present: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to. Order Chairman Tracy called the meeting to order at 7:00 p.m. 2. Consider Minutes of the May 22, 1984 Planning Commission Meeting COMMISSIONER TRALLE MOVED TO ACCEPT THE MAY 22, 1984, PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 3. Consider Agenda for the June 25, 1984 Planning Commission Meeting It was the consensus of the Planning Commission Members to accept the agenda as presented. 4. Conditional Use Request by Ronald Markham Mr. & Mrs. Markham were present at the Planning Commission Meeting. Mr. Markham indicated that he lives at 513 Gates Avenue, Elk River and that he was requesting a conditional use permit to construct a funeral home parlor on Evans Avenue north of Railroad Drive. He further indicated that this lot is located right next to the Vernon Cemetery. Rick Breezee, Building and Zoning Administrator, indicated that the zoning desig- nation for this area is R-3/medium density residential, and as such funeral home parlors are allowed, but only after receiving a conditional use permit. Rick Breezee stated that there is a sewer line in front of the proposed building, but that it is a force main and that because of this there is no city sewer for Mr. Markham to hook in to. Rick Breezee further indicated that Darrell Mack, the City Sewer Superintendent will be getting bids for constructing a lateral main in front of Mr. Markham's property. Rick Breezee further indicated that the City may be putting a sewer line down the middle of the street. Commissioner Pearce questioned when Mr. Markham would like to get started on the project. Mr. Markham stated that he was hoping to get started by the end of August. Commissioner Pearce further stated that he felt that the area was a very good place for this type of facility. Chairman Tracy reviewed the standards for a conditional use permit, and found Mr. Markham to be in compliance with all five standards. COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A CONDITIONAL USE PERMIT BE GRANTED TO MR. RONALD MARKHAM OF 513 GATES AVENUE, TO CONSTRUCT A FUNERAL HOME PARLOR ON EVANS AVENUE, NORTH OF RAILROAD DRIVE WITH THE SIPUTILATION THAT THE SEWER PROBLEM BE WORKED OUT. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 6-0. D Planning Commission Minutes June 26, 1984 Page Two 5. Zone Change Request by Mr. Erwin Specht Mr. Erwin Specht was present for this item at the Planning Commission Meeting. Chairman Tracy indicated that Mr. Specht, who lives at the corner of i65th Avenue and Highway #10 was present to request a zone change for his property from A-l to C-3a/highway commercial. Chairman Tracy further indicated that the main reason for Mr. Specht's request is so that he may continue, and to possibly construct additional highway billboard signs along his frontage along Highway #10. Rick Breezee indicated to the Planning Commissioners that late in the winter of 1983 and the early part of the year 1984, the Planning Commission and City Council had decided to get as much green space as possible along the frontage along High- way #10 coming into the City. Rick Breezee further indicated that this area was zoned I-l and C~3A, and that it had been then rezoned to A-l. Mr. Breezee further indicated that billboards are allowed in I-l and C-3 zones, whereas they are not allowed in A-l zones. Mr. Specht indicated that he was not made aware of the zone change back to A-l, and that he had been approached by sign companies to place a billboard on his property, and when the sign company came to City Hall for the permit and found out they could not place the sign on Mr. Specht's property because of the zoning, they went back, to Mr. Specht and told him this. Mr. Specht indicated that this had been the first time he had been made aware of the zone change. Mr. Specht indicated that there are seven signs in the area now and that they are properly spaced and that there is room for three more signs in a 500 foot strip. Commissioner Tralle stated that one of the main reasons for rezoning the area to A-l was for the main corridors coming into the City and trying to keep the agricultural land intact. Mr. Specht wanted to know who pays the land owners for the pLeasure people get looking at their agricultural land while passing through Elk River. He also indicated that the sign companies give these landowners a nice income. Chairman Tracy indicated that he feels a concern for the way the City looks. He indicated he felt Highway #10 looks cluttered, and that the signs are a distraction and not aesthetically pleasing. Chairman Tracy further indicated that he would be opposed to the rezoning. Commissioner Pearce indicated to Mr. Specht that he would be able to continue to keep his existing signs. Mr. Specht indicated that he was being deprived of further income. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE REQUEST FOR ZONE CHANGE BY MR. ERWIN SPECHT OF 16330 HIGHWAY 10, ELK RIVER, MINNESOTA, FROM A-l TO C-3 FOR THE AREA OF 100 FEET OF FRONTAGE OFF OF HIGHWAY #10 FROM l65TH AVENUE ON WEST, TO KELLY FARM PROPERTY ON THE EAST BE DENIED ON THE BASIS THAT IT HAD BEEN JUST RECENTLY REZONED TO A-l FOR AESTHETIC REASONS, AND TO REZONE IT BACK FOR SIGNS WOULD BE IMPROPER. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 6-0. o D Planning Commission Minutes June 26, 1984 Page Three 6. Variance Request by Anthony Omitt Mr. Anthony Omltt was present for this item at the Planning Commission Meeting. Rick Breezee indicated that Mr. Omitt who lives at 20727 Ulysses Street, Elk River has requested a variance to add on to an existing metal-skinned structure that he presently has on his property. Mr. Breezee further indicated that Mr. Ommitt's metal skinned building is presently located approximately 126' from his neighbor to the north, and that the minimum distance allowed to any neighboring residence in Mr. Omitt's area is 600 feet. Commissioner Oster questioned Mr. Omitt as to whether there was any place on the back of his property that he could accommodate the building. Mr. Omitt indicated that there is a wooded area in the back, but that it is always wetland, and that he would have to reroute his sewer system and bring in a lot of fill, and cut down a lot of trees in order .to get his building in that area. Chairman Tracy questioned Mr. Omitt as to whether he had acquired a building permit from the City for the structures that are present on his land. Mr. Omitt indicated that he had put a three sided building up over night because of a sick mare, and that he did not acquire a permit for this, and that he had intended to take the building down right away. Mr. Omitt further indicated that it was last year when he constructed this building. Commissioner Temple asked Mr. Omitt what he would be using the metal-skinned building for. Mr. Omitt indicated that he would be using the building for the housing of horses. Mr. Omittfurther indicated that he would be removing the building in front of his house. Chairman Tracy indicated that Mr. Omitt had a lot of storage in his yard. Com- missioner Tralle indicated that there were a lot of vehicles in Mr. Omitt's yard. Mr. Omitt indicated that all of the vehicles were registered in his name and driveable, and that they were not junk vehicles. Commissioner Tralle questioned whether Mr. Omitt had a home occupation selling vehicles. Mr. Omitt stated that he did have a wholesale dealers license but that he does not sell the vehicles from his home residence. Commissioner Tralle questioned Mr. Omitt as to the size of his existing metal-skinned building. Mr. Omitt indicated that the building was 26' by 48' and that the walls were 10' high, and also that the addition to be constructed would be 16' by 26'. Commissioner Tralle indicated that in the past all conditional uses for agri- cultural buildings have been limited to the number of horses that can be kept in them and that the maximum limit has been three horses. Mr. Omitt indicated that he has two horses right now in his building, and that he has two other horses boarded out which makes a total of four horses. Chairman Tracy indicated that he felt Mr. Omitt's area was unsightly and that he could not go along with voting in favor of the conditional use unless he could be usre that the structure would be used to clean up the area. Commissioner Tralle went through the five standards in order to grant a variance with Mr. Omitt. Following are Mr. Omitt's answers to the five standards: D D Planning Commission Minutes June 26, 1984 Page Four 1. Mr. Omitt felt he would be caused undue hardship because the animals would have to stand outside and that the hardship would be caused mainly to the animals. 2. Mr. Omitt indicated that the hardship caused by the special conditions and circumstances are peculiar to the land and structure involved because of the arrangement of his property, and the rolling hills and lowlands. 3. Mr. Omitt indicated that he would be deprived of housing his animals which other people around him are able to do. 4. Mr. Omitt indicated that the conditions were based on his own actions of constructing the building, but further indicated that he had no other place to put the building. 5. Mr. Omitt indicated that the variance would not be injurious to, or adversely affect the health, safety or welfare of the residents in his neighborhood. Commissioner Tralle indicated that he would question the health of the neighborhood with four horses on five acres of land. Rick Breezee questioned where the horses would be grazing. Mr. Omitt indicated that he has grazing pasture in the rear of his property. Commissioner Oster was concerned whether he had enough pasture for four horses to graze on. Mr. Omitt indicated that his horses are show horses and they are only out about 45 minutes per day. Mr. Omitt indicated that he was under the impression that the builder had acquired the building permit. Mr. Omitt further indicated that he was trying to work with the City and not against them on this matter. Mr. Omitt further indicated that his buidling is not visible to the neighbors, and that it is only visible from the road at a certain point. Commissioner Pearce indicated that he felt they should recommend granting the variance but put restrictions on the variance consistent with other variances granted by the Planning Commission and City Council. Commissioner Pearce further indicated ,that~hefelLit.should be specified that a permit is necessary, and that the contractor should be responsible for this. Commissioner Pearce indicated that he would like to see this specified in the City Code. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE VARIANCE REQUEST BY MR. ANTHONY OMITT OF 20727 ULYSSES STREET, ELK RIVER, BE GRANTED WITH THE FOLLOWING CONDITIONS: 1. THAT THERE BE A MAXIMUM OF THREE HORSES AND NO OTHER LIVESTOCK. 2. THAT THE LEAN-TO BUILDING BE REMOVED. 3. THAT MR. OMITT OBTAIN A BUILDING PERMIT. 4. THAT THE HORSES BE PASTURED IN THE REAR AS OPPOSED TO THE FRONT. COMMISSIONER WILLE SECONDED THE MOTION. o Planning Commission Minutes June 26, 1984 Page Five Commissioners Pearce and Wille indicated that they had a problem with the three horses, and that they felt Mr. Omitt should be allowed four horses, because that is what he presently owns. Commissioner Oster also indicated that he felt four horses should be accommodated. THE MOTION PASSED 5-1. CHAIRMAN TRACY VOTED AGAINST THE MOTION. 7. Variance Request by Mr. & Mrs. Ray Warren Mrs. Ray Warren was present for this item at the Planning Commission Meeting. Chairman Tracy indicated that Mrs. Warren who lives at 19540 Tyler Street was requesting a variance to the required 600' setback that must be maintained from any residential neighboring structure for a metal-skinned building, which they intend to build on their property. Mrs. Warren indicated that her request for variance was for approximately 174' from her monther-in-law who lives to the immediate north of their property, and also for approximately 270 feet from their son Richard Warren, who lives to the immediate south. Mrs. Warren indicated that the structure will be used for storage of agricultural equipment, and possible for the storage of some crops. Commissioner Trallequestioned whether there would be livestock stored in the building. Mrs. Warren indicated that they had no plans for that kind of use in their building. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A VARIANCE BE GRANTED TO MR. & MRS. RAY WARREN OF 19540 TYLER STREET, ELK RIVER, TO CONSTRUCT AN AGRICULTURAL BUILDING ON THEIR PROPERTY. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. 8. Variance Request by Mr. Theodore Nagorski Mr. Nagorski was present for this item at the Planning Commission Meeting. Rick Breezee indicated that Mr. Theodore Nagorski who lives at 12812 l89th Avenue NW, Elk River, was present to request a variance to the required front yard setback in order to keep the deck which he has constructed on his property. Mr. Breezee further indicated that the reason the deck had already been constructed was that Mr. Nagorski indicated to the City Staff that he did not know a permit was required to construct a deck. Rick Breezee indicated that he had visited Nagorski's property, and found that it would have been impossible for Mr. Nagor- ski to construct a deck in any portion of his yard that would not encroach upon any of the required setbacks as indicated in the Elk River Zoning Ordinance. Chairman Tracy indicated that he had reviewed the five standards that must be agreed upon before a variance could be granted, and felt that Mr. Nagorski complied with all five standards. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A VARIANCE TO THE REQUIRED FRONT YARD SETBACK BE GRANTED TO MR. THEODORE NAGORSKI OF 12812 l89TH AVENUE NW, ELK RIVER, SO THAT HE CAN KEEP HIS DECK WHICH HE HAS CONSTRUCTED ON HIS PROPERTY. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. o o , Planning Commission Minutes June 26, 1984 Page Six 9. Zone Change for Area North of Third Street, East of Gates Avenue and West of Evans Avenue The Building and Zoning Administrator indicated that there is an area that has not been utilized by the Barthel/Dietz PUD that falls within the boundaries within the area north of Third Street, East of Gates Avenue, and West of Evans Avenue. The Building and Zoning Administrator further indicated that this area does not have the required 20 acre minimum that must be utilized in order for a PUD to be developed, and because of this, the area right now has no zoning designation that can be properly utilized and developed. Chairman Tracy indicated that the area in question was owned by George Dietz and Mrs. Nickerson. The Building and Zoning Administrator indicated that he had had two requests in the past for this area to be utilized for the possibility of 8 to 12 unit apart- ment buildings, and further indicated that the City Staff felt the;:area could be best utilized as an R-3/multi-family zoning designation. Commissioner Pearce indicated that he had no problem zoning the area R-3 and felt that it was an appropriate area for R-3 zoning. Chairman Tracy indicated that he also felt this area was appropriate for R-3 zoning. Commissioner Pearce indicated that although he felt it was an appropriate place for R-3 zoning, he would have to vote against the motion because of the fact that no neighbors were present at the meeting, and he did not know how the neighbors felt about changing the zone to multi-family. Commissioner Tralle indicated that he felt it was a good location for an R-3 zoning designation because it is next to R-2, R-3 and R-4 zoning designations. COMMISSIONER TRALLEMOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE AREA NORTH OF THIRD STREET, EAST OF GATES AVENUE, AND WEST OF EVANS AVENUE BE ZONED TO R-3/MULTI FAMILY. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 5~1. COM- MISSIONER PEARCE VOTED AGAINST THE MOTION. 10. Ordinance Amendment Regarding Setbacks for Pool Structures and Uses. The Building and Zoning Administrator indicated that if a pool is located in any zone other than an R-lc area, it must comply to the dimensional regulations as spelled out in Section 900.18 of the Elk River Zoning Ordinance. The Building and Zoning Administrator further indicated that recently at a joint meeting with the Planning Commission and City Council, it was the consensus of the members that attended the meeting that this may be a little bit too restrictive for these types of uses. The Building and Zoning Administrator further indicated that he did not believe that a setback of less than eight feet from either a rear yard or side yard should be approved. The Building and Zoning Administrator further indicated that the reason for his recommendation is that presently it is required that all pools be fenced a minimum of 4 feet high with a chain link fence and a lockable gate, and that the reason for this requirement is that so neighboring children can- not trespass onto the property and into the pool, and also that if the pool o o Planning Commission Minutes June 26, 1984 Page Seven structure happens to be located nearer than eight feet to the fence, it could be possible for a child or a teenager to climb this fence and either fall or jump into the pool. Commissioner Pearce questioned why this regulation was limited to R-l areas only. Rick Breezee indicated that R-2 or R-3 areas dealt with rental situations, and in these cases the state would have to regulate the fencing of pools. Commissioner Pearce indicated that townhomes located in R-2 and R-3 areas would be owner/ occupied, so he felt that the regulations should be included in R-2 and R-3 areas. Commissioner Tralle and Pearce indicated that they both felt more comfortable with a fence five feet in height rather than four feet. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT AN ORDINANCE AMENDMENT FOR SWIMMING POOLS AS AN ACCESSORY STRUCTURE READ AS FOLLOWS: "SWIMMING POOLS SHALL BE LOCATED NOT CLOSER THAN EIGHT FEET TO A REQUIRED SIDE YARD AND REAR YARD AND COMPLY TO THE REQUIRED FRONT YARD SETBACK IN SECTION 900.18. SWIMMING POOLS MUST BE COMPLETELY ENCLOSED WITH A CHAIN LINK OR SIMILAR FENCE AT LEAST FIVE FEET HIGH WITH A LOCKABLE GATE," AND FURTHER THAT THIS AMENDMENT BE ADDED TO ALL ZONING AREAS AS AN ACCESSORY USE IN SECTION 900.14 OF THE CITY'S ZONING ORDINANCE. MOTION PASSED 6-0. 10~.Ken Beaudry was present at the meeting and questioned whether he could talk to the Planning Commissioners regarding rennovation on his gas station. Rick Breezee indicated that the area of Beaudry Oil is zoned C-l and therefore gas stations are not allowed, except as a non-conforming use, and therefore any remodeling must be approved by City Council. Mr. Beaudry indicated that the two problems he had with the existing station is elbow room and the garage, and there not being enough room for parking. Mr. Beaudry indicated he would like to take out part of the building so that he would have more room, and then he would like to add another row of pumps. He also indicated that they may be thinking about replacing the garage with a store somewhat similar to Food N Fuel Convenience Store. Mr. Beaudry further indicated that he wants to handle the business that he has better. The Building and Zoning Administrator recommended amending the City Code to allow Fuel Stations in a C-l Zoning Designation as a conditional use. Commissioner Wille indicated that he felt that since Mr. Beaudry has been in the station there has been a big improvement in the overall appearance of the gas station. It was the consensus of the Planning Commission to review an ordinance amendment to the City's Zoning Ordinance Section 900.l6(5d) to add fuel stations as a conditional use in a C-l zone at their next meeting. 11. Ordinance Amendment to Require Planning Commission to Hold Public Hearings. Commissioner Pearce was under the impression that the City Council had already voted on the Planning Commission holding public hearings and that it was unanimous. The Building and Zoning Administrator indicated that the City Council had not voted on this item. D o Planning Commission Minutes June 26, 1984 Page Eight Chairman Tracy indicated that he was personally opposed to public hearings. Chairman Tracy further indicated that if the City Council wants decisions to be based on what people think, then the Planning Commission should be holding public hearings, however, if they prefer that the decisions be based on the ordinance, and what is best for the City, then the Planning Commission should not hold public hearings. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE PLANNING COMMISSION HOLD PUBLIC HEARINGS FOR CONDITIONAL USE PERMITS, VARIANCES, ORDINANCE AMENDMENTS, ZONE CHANGES, PRELIMINARY PLATS AND FINAL PLAT APPROVALS. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION FAILED 2-4. COMMISSIONERS TEMPLE, OSTER, WILLE, AND CHAIRMAN TRACY VOTED AGAINST THE MOTION. Rick Breezee stated that Commissioner Hartman stated in past meetings that he was against the Planning Commission holding public hearings. There being no further business, COMMISSIONER TEMPLE MOVED TO ADJOURN THE MEETING. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 6-0. The meeting adjourned at 9:30 p.m. Commissioner Tralle indicated that he would attend the July 16th City Council Meeting. R~Ul . -(' tJJt RICK BREEZEE Building and Zoning Administrator ST