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10-23-1984 PC MIN o o '4 ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY OCTOBER 23, 1984 Members Present: Chairman Tralle, Commissioners Pearce, Temple, Wille, Wilson and Fuchs Members Absent: Commissioner Oster Staff Present: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Tralle called the meeting to order at 7:00 p.m. 2. Consider Agenda for October 23, 1984 Planning Commission Meeting Chairman Tralle added 9.5 - Calendar for City Council Meeting for next yea~ to the agenda. COMMISSIONER WILLE MOVED TO ACCEPT THE AGENDA AS AMENDED. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 6-0. 3. Consider Minutes of the September 24, 1984 Planning Commission Meeting COMMISSIONER PEARCE MOVED TO ACCEPT THE SEPTEMBER 25, 1984 PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. 4. Variance Request by Mr. Robert Hastings Mr. Robert Hastings was present and indicated to the Planning Commission that he owned property along the Mississippi River between Edison and Cleveland Avenue. Mr. Hastings indicated that he would like to split his land into three lots along the Mississippi River, and also that he would like a variance in order that these lots may be smaller than the 2~ acre minimum which is required in an A-I zone. Mr. Hastings indicated that the approximate sizes of lots he is requesting is 2.3 acres, 1.80 acres, and 1.68 acres in size. Mr. Hastings further indicated that the reason for his variance request is to make the river lots more saleable. Mr. Hastings stated to the Planning Commission that 2~ acres along the Mississippi River was an expensive piece of property for that size, and there were not many people looking for river lots 2~ acres in size, because of the price and because of the maintenance of such a large lot. Rick Breezee, Building and Zoning Administrator questioned the accessibility to Parcel 2. Mr. Hastings indicated that he would make a road all the way to Ahrens property. Chairman Tralle opened the public hearing. Commissioner Pearce questioned the septic systems, with houses on smaller lots and wanted to know how serious the problem could be. Rick Breezee indicated that the proper measures would have to be taken in order to assure that there was enough land for a septic system with driveways, buildings, trees, plants, etc. being taken into consideration. o o Elk Riyer planning COmmission Minutes October 23, 1984 Page Two Commissioner Pearce questioned whether the property was on a flood plain. Rick Breezee indicated that part of the property probably was on a flood plain, but the part of the property that would be intended for the dwelling units would probably not be on flood plain because of the ~levations of the property. Tralle indicated that there were five conditions that have to be met in a variance to be granted, and reviewed these five standards with Mr. The following is how Mr. Hastings answered to each condition: Chairman order for Hastings. 1. Mr. Hastings answered yes, he has been caused a hardship because he has had problems with his lot since he first bought the property because of zoning enforcement. Mr. Hastings indicated that at first he thought he had bought 8 - 100 foot lots, then there were 4 - 200 foot lots, and now he has ended up with 2 lots. This all took place because of zoning measures within the City. Mr. Hastings indicated that he had owned the land for 12 years. 2. Mr. Hastings indicated that he felt he had a unique situation because the land is on river front and indicated that the lots are too expensive and far too large to maintain. 3. Mr. Hastings answered yes and indicated he felt he would be deprived by not being able to split his lots, because that was the main reason he purchased the land for. 4. Mr. Hastings indicated that he was not responsible for creating these circumstances. 5. Mr. Hastings stated that should he be granted a variance, it would not be injurious to anyone else. Mr. Joe Nathe from Riverside Farms indicated that if the Planning Commission passed the variance, that they would be setting a precedent, and that if it was going to be allowed for Mr. Hastings, it would have to be allowed for others. Mr. Nathe indicated that he owns river front land also, and would like to make his lot smaller also in the future. Chairman Tralle closed the public hearing. Commissioner Pearce indicated that he felt a 2~ acre lot was a good size lot and felt that since Mr. Hastings has proposed a minimum of 225 feet for river frontage, that he had no problem with accepting the variance. Rick Breezee indicated to the Planning Commission that he felt monetary gain cannot be used as a means to grant a variance, and he felt the ordinance should be kept in tact so that a precedent would not be set. Chairman Tralle indicated that other variances have been rejected based on the hardship plea, and on economic natures. Chairman Tralle indicated that he felt the river is an asset to the community to be shared by everyone, and that he felt he would have to vote against the variance. 0, o Elk River Planning Commission Minutes October 23, 1984 Page Three Commissioner Pearce questioned Mr. Hastings as to why he could not move the property line north since he owned the land north of the river lot, therefore making each river lot 2~ acres in size. Commissioner Temple questioned Mr. Hastings as to whether this was feasible or not. Mr. Hastings indicated that he couldn't sell the property because people don't want 2~ acres of river front property. Gary Santwire indicated that if 2~ acres is a problem, why not review the City's Zoning Ordinance and solve the problem that way instead of individually. Mr. Hastings indicated that river property is different in value and in use than any other land, because the value of the property is so much higher. Commissioner Fuchs indicated that he felt that river front property should be looked at and possibly set as a separate zone. Commissioner Wilson indicated that he owns river lot property also, and feels the same as Mr. Hastings, that 2~ acres is a lot of land to maintain. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE REQUEST BY MR. ROBERT HASTINGS OF 15260 CLEVELAND AVENUE NW. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. It was t4e consensus of the Planning Commission that the City Staff review the river lot frontage along the Mississippi in order to possibly create smaller lot sizes. 5. Site Plan Review for Pat Brown/Bank of Elk River Office Building in Barrington Place PUD Mr. Gary Santwire indicated that the Bank of Elk River is the fee owner of the property in question, and that Pat Brown has the option to proceed with the development, and that Gary Santwire represents both parties as broker. Rick Breezee indicated that the site in question is directly across from Kentucky Fried Chicken, and is legally known as Lot 1, Block 6, Barrington Place. Rick Breezee further indicated that Ms. Brown is before the Planning Commission for a site plan approval. Mr. Breezee further:'.indicated that the building Ms. Brown is proposing for the area is 3,900 square feet and that the building will be utilized for either office facilities or retail and service establishments. Mr. Gary Santwire indicated that a wood fencing would serve as a buffer for the Church, and would also prevent access onto the roof, as the rear elevation is within 4 to 5 feet of the ground. Mr. Gary Santwire indicated that the easements and utilities would be maintained by Pat Brown. Mr. Santwire further indicated that the green area would consist of shrubberies and planters with plants in them. COMMISSIONER WILLE~MOVED TO APPROVE THE SITE PLAN FOR PAT BROWN IN THE BARRINGTON PLACE PUD. SUBJECT TO STAFF APPROVAL AS RECOMMENDED IN THE BUILDING AND ZONING ADMINISTRATOR'S MEMO OF OCTOBER 19. 1984, AND THAT THE SITE BE FURNISHED WITH THE t) o t) Elk Riyer Planning Commission Minutes October 23, 1984 Page Four APPROPRIATE UTILITIES. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 6-0. 6. Concept Approval for Preliminary Plat by Mr. Jake Jacobson Mr. Jake Jacobson indicated that he owns 76 acres of property near the Knollwood Subdivision located on Tyler Street, and that he would like to develop this property into a number of single family lots. Mr. Jacobson indicated that he was before the Planning Commission to get their opinion as to whether or not he should pursue this final plat for the subdivision. Mr. Jacobson indicated that the lots have all been very carefully planned so each is unique in itself. Mr. Jacobson indicated that the road going into the subdivision is a straight road which makes into a "TIi and indicated he felt this would be better for future road development in the City. Mr. Jacobson indicated that this would be the first development going into the general area. Dedicating land for the park dedication versus the money for the park dedication fund was discussed. Mr. Jacobson indicated that he would probably prefer to dedicate land for a park instead of dedicating the money. Commissioner Fuchs indicated that he felt if each developer dedicated land'fqr a park, eventually there would be too many parks and the City would not be able to maintain them. Mr. Jacobson indicated that if he dedicated land for a park, he would prefer it to be a private park for the subdivision residents only, and not for the City. Rick Breezee indicated that this was virtually impossible because somebody would have to maintain the park. Chairman Tralle indicated he would like to see money put up for a park dedication for a park to be built in the general area. Rick Breezee stated that the City would be requesting a cash dedication for the park contribution. Rick Breezee indicated that he had spoken to the City Attorney, and that the attorney had a concern with the road in that there was only one way into the subdivision and one way out of the subdivision, and that this was something the City should avoid because of possible blockage of the road in case of emergencies. Rick Breezee indicated that two possible solutions would be either making a curved road so there would be two entrances, or Mr. Jacobson could dedicate an easement to the City for a temporary road until development occurred on adjoining property, and this could be continued in the future and connect to another road. Mr. Jacobson indicated that a curved road was not feasible with 2~ acre lots, and indicated that he would have to scrap his plan if he had to come in with a curved road. Mr. Jacobson indicated that this would prohibit him economically from continuing his project. Mr. Jacobson indicated that he felt he had no problem with leaving an easement for future development, since he owned the property. It was the consensus of the Planning Commission that what Mr. Jacobson presented: to the Planning Commission would be a good use for that piece of land, and that an easement should be dedicated for future road purposes, off of the existing road inlet heading to the east and off of the two cul-de-sacs. 7. Mr. Arlon Fuchs' appointment as New Planning Commissioner Chairman Tralle welcomed Commissioner Fuchs to the Planning Commission and thanked him for his participation in the development of the City of Elk River. t) Elk RiVer planning COmmission Minutes October 23, 1984 Page Five 8. Attendance of Annual Planning Institute by the Planning Commissioners Rick Breezee indicated that the Annual Planning Institute would be a big help and incentive to the Planning Commissioners and it would be to their benefit to attend. Mr. Breezee further indicated that the City would pick up the cost for their attendance. 9. Update A. Rick Breezee indicated that Marty Tracy was given recognition at the last City Council Meeting by the City Council for his years of service as Planning Commission Chairman and for his work on the Elk River Planning Commission Board. B. Rick Breezee indicated that a joint workshop session with the City Council was being planned so that concerns and problems between the Council and Planning Commission could be worked out. December 10th, was set as a tentative date at the Planning Commission Meeting. C. Rick Breezee indicated that he was aware of the Planning Commission's con- cern in being more involved with the development and growth of the City of Elk River. Rick Breezee indicated that he would be willing to help the Planning Commissioners as much as possible to become informed as to what is involved in this process. Rick Breezee indicated that if the Planning Commission would like, he could set up a special meeting with Zack Johnson and/or with the City Attorney to let them know what legal aspects would be involved. 9.5 Calendar for City Council Meeting Chairman Tralle indicated that he has drawn up a calendar for the remainder of 1984 and for the full year of 1985 which indicates the Planning Commission members that will be attending the one City Council Meeting per month which deals with Planning Commission items. Chairman Tralle indicated that these calendars would be mailed to the members. There being no further business, A MOTION WAS MADE BY COMMISSIONER WILLE AND SECONDED BY COMMISSIONER WILSON TO ADJOURN THE MEETING. MOTION PASSED 6-0. The meeting adjourned at 9:30 p.m. ~ectfullY submitted, ~ Sandy Thackeray Planning Commission Secretary t)