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07-24-1984 PC MIN c o o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY JULY 24, 1984 Members Present: COIl1Ii1issioner Pearce, Acting as Chairman, Commissioners Oster, Wilson, and Temple. Commissioner Wille arrived at 8: 15 p.m. Members Absent: Chairman Tracy and Commissioner Tralle. Staff Present: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Pearce called the meeting to order at 7: 00 p.m. 2. Consider Minutes of June 26, 1984 Planning Commission Meeting COMMISSIONER OSTER MOVED TO ACCEPT THE JUNE 26, 1984 PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 3. Consider Agenda for July 24, 1984 Planning Commission Meeting Two items were added to the agenda by Rick Breezee, Building and Zoning Admin- istrator. Item 8) Interpretation of the ordinance regarding anticipated uses within a R-lc zone with regards to Lincoln School; and Item 9) Interpretation of the ordinance regarding used car sales in a C-3A zone. It was the consensus of the Planning Commission to accept the agenda as amended. 4. Conditional Use Permit request by Larry Wolner and Mike Wagner Chairman Pearce indicated that recently the City Council passed an ordinance amend- ment to allow food produce markets to be permitted in a C-3A zone as a conditional use. Larry Wolner and Mike Wagner were present at the Planning Commission Meeting. Mr. Wolner indicated that he is requesting a conditional use permit to allow a produce market to be constructed on the corner of l67th Street and Highway 1110. Mr. Wolner further indicated that he would specialize in apples and other fruits and vegetables. Mr. Wolner further indicated that he would also sell Christmas Trees, bedding and nursery stock, candy, honey, and health foods, so he could anticipate operating his business approximately ten to twelve months per year. Commissioner Temple questioned Mr. Wolner as to what access road he would use for his business. Mr. WaIner indicated that the access would be on l67th Street. Chairman Pearce questioned Mr. Wolner as to what his plans were for the driveway and parking area. Rick Breezee, Building and Zoning Administrator indicated that in commercial zones, hard surfaced, dust free access drives are required, but only for the number of stalls that are required for the business. Mr. WaIner indicated that the parking stalls would be hard-surfaced, but that the remaining area would remain as it is. o o Planning Commission Minutes July 24, 1984 Page Two The Planning Commission reviewed the five standards required for a conditional use permit and found Mr. Wolner in compliance with all five standards. Chairman Pearce questioned whether the business would do any landscaping. Mr. Wolner indicated that he would do what the City required in landscaping. COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL THAT MR. LARRY WOLNER OF 15910 26TH AVENUE NORTH, PLYMOUTH, MINNESOTA, BE GRANTED A CONDITIONAL USE PERMIT TO LOCATE A PRODUCE MARKET ON THE CORNER OF l67,TH STREET AND HIGHWAY 1110 ELK RIVER, AND THAT LANDSCAPING WHICH IS COMPATIBLE TO THE AREA BE DONE. THE MOTION PASSED 4-0. Mr. Wo1ner indicated to the Planning Commission that he would like to construct a temporary road side stand, so that he can be ready for the apple season. Mr. Wolner further indicated that the main reason for putting up a temporary road side stand is to see what the needs of the area actually are, and if his business is the type of business that would be needed in the Elk River area. Mr. Wolner indicated that the temporary structure would be a wood structure and that it would be firmly anchored to the ground. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT MR. WOLNER BE' ALLOWED TO ERECT A TEMPORARY STRUCTURE ON THE SITE LOCATED AT THE CORNER OF l67TH STREET AND HIGHWAY no FOR USE IN 1984, AND THAT THE STRUCTURE BE REMOVED AT THE END OF 1984. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 4-0. 5. Conditional Use Permit Request by Ms. Carol Leske Ms. Carol Leske indicated to the Planning Commission that she is requesting a con- ditional use permit for a home occupation at her residence located at 13651 High- way 1110. Ms. Leske indicated that she would like to restore and sell antiques from her home. Commissioner Wilson questioned Ms. Leske as to what type of antiques she would be selling. Ms. Leske indicated that it was just a general line of antiques. She indicated that she had started collecting;:antiques as a',!personal hobby. and that she has acquired a lot of antiques and would like to sell them. Chairman Pearce questioned whether items would be displayed outside. Ms. Leske indicated that there are two double garages on her property and that these garages would be used for refinishing and displaying. The conditional use standards were discussed and Ms. Leske was found to be in compliance with all the standards required to obtain a conditional use permit. Discussion was held regarding nonresident employees. Ms. Leske indicated that she would not be using any nonresident employees.. Ms. Leske further indicated that her home would stay the same in appearance. Ms. Leske further indicated that she discussed sign regulations with Rick Breezee, and that she would be in compliance with the City's sign regulations. c o Planning Commission Minutes July 24, 1984 Page Three COMMISSIONER WILSON MOVED TO RECOMMEND TO THE CITY COUNCIL THAT MS. CAROL LESKE OF 13651 HIGHWAY no, ELK RIVER, BE GRANTED A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION TO SELL AND REFINISH ANTIQUE PRODUCTS FROM HER HOME, WITH THE STIP- ULATION THAT THERE BE NO DISPLAYING OF ITEMS OUTSIDE OF THE HOME, AND THAT THE HOURS OF OPERATION BE FROM 8:00 A.M. TO 9:00 P.M., AND THAT THE CONDITIONAL USE PERMIT BE SUBJECT TOA TWO YEAR REVIEW. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 4-0. 6. Variance Request by Mr. Ronald Langbehn Mr. Langbehn was not present, thereby Chairman Pearce tabled the item until the end of the meeting. 7. Ordinance Amendment to C-l Zone Mr. Rick Breezee gave the Planning Commission some background information on this . matter. Rick Breezee indicated that about a year and a half ago, the Planning Commission unanimously agreed to approve the HRA Downtown Redevelopment Plan. Rick Breezee further indicated at the time of approval, the Planning Commission had concerns regarding there being no type of repair and fuel station located in the downtown area, and that they felt this was an important part of the downtown concept and believed that these types of facilities should be allowed in a C-l zone. Mr. Beaudry of Beaudry Oil was present at the Planning Commission and again showed his anticipated plans to expand his existing gas station. Mr. Beaudry indicated that he would like to have a convenience store, and also expand his existing car wash. Discussion was held regarding the expansion of the car wash, as car washes are not allowed as principal or conditional uses in a C-l area. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT SECTION 900.16(5) Of THE ELK RIVER ZONING ORDINANCE BE AMENDED TO ADD (d) WHICH WILL INCLUDE FUEL STATIONS IN C-l AND C-2 DISTRICTS AS A CONDITIONAL USE. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 4-0. 8. Interpretation of an R-l Zone - Pertaining to Lincoln School Rick Breezee indicated that he has had requests for a number of different uses going into Lincoln School. Some of the requests have been daycare, preschool, arts and crafts, and a community kitchen. Rick Breezee further indicated that Lincoln School is now in an R-lc zone and the School District is anticipating that sometime in the future the school will be opened for school, which means it will have to remain a R-lc zone. Rick Breezee indicated that some of the problems he is running into is that daycare is allowed but only up to ten children, whether or not food can be served to the public, and whether selling of arts and crafts can be allowed. Chairman Pearce indicated that he felt uses should be limited for community betterment programs. CHAIRMAN PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT COMMUNITY SERVICE FUNCTIONS BE PERMITTED IN LINCOLN SCHOOL. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 5-0. o o Planning Commission Minutes July 24, 1984 Page Four 9. Used Car Sales in a C-3A Zone Rick Breezee indicated that he has had a number of requests for used car sales in a C-3A zone, and presently only new car implement and marine sales are allowed in C-3A zones. Chairman Pearce indicated that he felt used cars should be a conditional use in C-3A zones. Discussion was held regarding whether or not used cars could be interpreted as a conditional use. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT SECTION 900.l6(A) BE AMENDED TO INCLUDE (i) USED CAR SALES, AS A CONDITIONAL USE INA C-3A HIGHWAY COMMERCIAL DISTRICT. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 5-0. Chairman Pearce stated that the variance request by Mr. Ronald Langbehn would be tabled until next month's meeting because of the fact that he was not present. There being no further business, COMMISSIONER WILLE MOVED TO ADJOURN THE MEETING. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 5-0. Meeting adjourned at 9:00 p.m. ~~y submitted, Sandy Thackeray Planning Commission Secretary