Loading...
11-20-1984 PC MIN 04. o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY NOVEMBER 20, 1984 Members Present: Chairman TraIle, Commissioners Wilson, Fuchs, Wille, Oster and Temple Members Absent: Commissioner Pearce 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 the November 20, 1984 Planning Commission Meeting It was the consensus of the Planning Commission to accept the agenda as presented. 3. Consider Minutes of the October 23, 1984 Planning Commission Meeting COMMISSIONER WILLE MOVED TO ACCEPT THE OCTOBER 23, 1984 PLANNING COMMISSION MINUTES AS SUBMITTED. COMMISSIONER TEMPLE SECONDED THE MOTION. THE MOTION PASSED 6-0. Consider Variance Request by Richard Chouinard/Public Hearing Chairman Tralle indicated that Mr. Richard Chouinard who lives at 19915 Proctor Road in Elk River is requesting a variance. Chairman Tralle further indicated that Mr. Chouinard's property is located in an R-Ia/single family zoned area, and that within this area, it is required that the minimum lot area allowed be 2~ acres in size with a minimum of 150 feet of frontage. Mr. Richard Chouinard was present and indicated to the Planning Commission that he was requesting to subdivide his 2.5 acre minimum lot into two, one (1) plus acre pieces. Mr. Chouinard indicated that the reason for his request was that because of his age, he was not able to keep up a 2.5 acre lot. Discussion was held regarding there being some other one acre lots around Mr. Chouinard's property, and it was indicated that these lots had been grandfathered in. Chairman Tralle indicated that in order for a variance to be granted, there were five conditions that had to be met. After reviewing these five standards with Mr. Chouinard, Commissioner Oster indicated that he f~lt a variance could not be granted. Chairman Tralle indicated that he felt if a variance were granted, it would set a precedent for other properties in that particular zoned area. Chairman Tralle opened the public hearing. One of Mr. Chouinard's neighbors was present and he indicated that he was concerned about changing the zoning laws for one person. Rick Breezee, Building and Zoning Administrator indicated that he had received three phone calls in the office from neighbors of Mr. Chouinards, and they had indicated that they were also against the variance request. Planning Commission Minutes November 2Q, 1984 ;Pag~ Two Chairman Tralle closed the public hearing. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE VARIANCE REQUEST BY MR. CHOUINARD OF 19915 PROCTOR ROAD BASED ON THE INTERPRETATION OF THE ORDINANCE AND ALSO BECAUSE OF THE PRECEDENT IT WOULD SET FOR OTHER PARCELS OF PROPERTY IN ELK RIVER LOCATED IN R-IA ZONES. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. Chairman Tralle indicated that perhaps the 2~ acre lot size should be looked at for an R-Ia zone. Chairman Tralle requested Rick Breezee to have the City Staff prepare some information on this and present it to the City Council. 5. Variance Request by Mr. Charles Gerber/Public Hearing Chairman Tralle indicated that Mr. Gerber of 20418 Auburn Street NW has requested a variance to the required 35 foot front yard setback. Mr. Gerber indicated that he had built his accessory structure to match his earth bermed home and he did not measure the setbacks before constructing the building because he was under the impression that he had ample rOOm. Mr. Gerber indicated that he was approx- imately 8 feet short of the required 35 foot front yard setback. Mr. Gerber further indicated that he would like to keep his structure where it is situated now because he has it in the location that is most feasible for him, and further indicated that it would be a hardship for him to move it because of the cost involved. Mr. Gerber also indicated that there is a cement floor poured inside of the building. Mr. Gerber indicated that if he put the building in front of the house it still would not meet the setback requirement, and if he put it on the west side of the house, there is a downhill slope. Chairman Tralle opened the public hearing. No one appeared for or in opposition to the variance request. Chairman Tralle closed the public hearing. Rick Breezee indicated that he felt the way the structure is now settingJblocks the vision on Auburn Street going from south to north because there is a curve in the road. Mr. Gerber indicated that he felt his building does not block the vision. Mr. Gerber further indicated that the size of his building is 12 feet by 14 feet. Commissioner Temple indicated that she felt if the variance were granted a precedent would be set mainly because of the fact that Deerfield 1st addition is a new development. COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL TO DENY THE VARIANCE REQUEST BY MR. CHARLES GERBER OF 20418 AUBURN STREET BECAUSE IT IS NOT WITHIN THE INTENT OF THE ORDINANCE. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. 6. Variance Request by Mr. Samuel Nussbaum/Public Hearing Mr. Samuel Nussbaum of 12831 Ranch Road is requesting a variance for a metal-skinned agricultural building which he has placed on his property. Mr. Nussbaum indicated that his building is 350 feet from the closest neighboring residence. Chairman Tralle opened the public hearing. o Planning Commission Minutes November 20, 1984 Page Three Kim Reinert was present and indicated that she was a neighbor of the Nussbaum's and stated that the agricultural building was a very nice building. She further indicated that she would like to see the building neatly kept and maintained. Ms. Reinert indicated that she felt at the present time that the animals were not creating a problem but would like to know if there would be more animals in the future. Ms. Reinert also had a concern regarding the upkeep of the property in regards to the devaluation of surrounding prop~rties. Mr. Nussbaum indicated that at the present time, he has about 25 goats and sheep and also about 500 poultry which included ducks, chickens, and turkeys. Mr. Nussbaum further indicated that he had other neighbors with ducks and geese and that another neighbor has just recently put up a barn and he keeps ducks and horses on his property. Mrs. Nussbaum indicated that they run an organic farm on their land and that they need the manure they get from the animals for the farm. Mrs. Nussbaum further indicated that she felt it would put them out of business if they had to get rid of their animals. Rick Breezee indicated that the Nussbaum's were in an A-I zone and that this type of use is typically found in A-I zones. Chairman Tralle closed the public hearing. General discussion was held regarding the number of animals Mr. Nussbaum kept on his property. Mr. Nussbaum indicated that the fowl is confined in the building, and fenced, and are not allowed to roam the property. Mr. Nussbaum further in- dicated that they had 12~ acres of land and that the building is 32 feet by 40 feet and that the number of animals he would be allowed to keep would be limited according to the size of the building. Discussion was held regarding the fact that the agricultural building w~s built before a building permit was acquired from the City. Mr. Nussbaum indicated that the builder was in charge of building the structure, and he was under the intention that the builder would acquire the permit if it were necessary. Commissioner Wille indicated that he had no problem with the variance request and its location but also indicated that he felt that they are in a situation where they are forced to do something because the builder did not get the building permit. Commissioner Wille further indicated that he felt there is no control as to what type of animals and how many animals could comfortably be taken care of in this situation. COMMISSIONER TEMPLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE VARIANCE REQUEST BY MR. SAMUEL NUSSBAUM OF 12831 RANCH ROAD BE GRANTED FOR A METAL-SKINNED AGRICULTURAL BUILDING WITH THE RESTRICTION OF 500 FOWL AND 25 ADULT ANIMALS TO INCLUDE SHEEP, GOATS AND HORSES. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 6-0. 7. Variance Request by Mr. Wade Turner/Public Hearing Chairman Tralle indicated that Mr. & Mrs. Wade Turner of 1854 Main Stre~t are questing a variance to the 30 foot front yard setback in an R-Ic zoned area. Wade Turner indicated that he was requesting a variance that would allow them remodel their existing home by removing one portion and adding a new portion. re- Mr. to o Planning Commission Minutes November 20, 1984 J?age Four Mr, Turner indicated that his lot is on Lake Orono, and that the size of his lot is quite unusual. Mr. Turner indicated that after the remodeling was done, he would be no closer to the street than his existing structure is at the present time. Mr. Turner further indicated that this would be consistant with the rest of the neighborhood. Mr. Turner further indicated that this was the only part of the lot that could be built on because the rest of the lot was so narrow. Chairman Tralle opened the public hearing. No one appeared for or in opposition of the matter. Chairman Tralle closed the public hearing. COMMISSIONER WILLE MOVED TO RECOMMEND TO THE CITY COUNCIL TO GRANT A VARIANCE TO THE 30 FOOT FRONT YARD SETBACK TO MR. WADE TURNER OF 1854 MAIN STREET. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. Rick Breezee, Building and Zoning Administrator, indicated that he had spoke to the City Administrator about giving Mr. Turner permission to start on his addition before the Planning Commission approval and before Council approval, due to winter setting in. 8. Preliminary Plat Review by Mr. E.R. Renner - Public Hearing Chairman Tralle indicated that Mr. E.H. Renner of 14747 County Road #30, in Big Lake, is requesting a preliminary plat review for 9 lots to be located along Highway #10 on the south and lying west of Jarvis Street, along the easterly limits of the City of Elk River. Mr. Renner was present and presented the plat to the Planning Commission Members. Mr. Renner indicated that lots 1, 2, 3, and the first part of lot 4 are zoned C-3b highway commercial, and that the remaining portion of lot 4, and lots 5, 6, 7, 8, and 9 were zoned I-I light industrial. Mr. Renner further indicated that he would be putting up a brick and block building for his business on lot four of the plat. Chairman TraIle opened the public hearing. No one appeared for or in opposition of the matter. Chairman Tralle closed the public hearing. Rick Breezee indicated that there was no problem with the topography of the land, there were no inner roads in the plat, and all the lots meet the minimum require- ments of one acre. Mr. Renner indicated that his business is well drilling, and that he also has a building in Ramsey at the present. Mr. Renner indicated that he intends to fence the entire site, landscape it and provide underground sprinkler systems. The pipe will be stacked in bins. COMMISSIONER WILSON MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRE- LIMINARY PLAT PRESENTED BY MR. E.H. RENNER OF 14747 COUNTY ROAD 30, BIG LAKE, MINNESOTA. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 6-0. o o Planning Commission Mlnutes November 20, 1984 Pag~ Fiye 9. Ordinance Amendment and possible Conditional Use Permit Request by Mr. Thomas Renner/Public Hearing Mr. Renner indicated that he was anticipating having a portion of a structure being used as his office area and a portion for equipment, maintenance and storage. Mr. Renner also indicated that he would be locating his operation on Lot 4, and that he would conduct the office operation in the front of the structure, which would be located in the C-3B zoning district, in which business offices are allowed. Mr. Renner indicated that he was requesting to have his living quarters in his office building mainly to protect himself from break-ins, and also because he does not spend his winters in Minnesota. Mr. Renner indicated that he would build a 20' by 30' structure which would be situated on top of his office building, and would be suitable for two or three people to live in. Commissioner Temple questioned whether someone would be living in the apartment during the time that the Renners would be gone. Mr. Renner indicated that he possibly would have someone in there, and that it more than likely would be family. Chairman Tralle opened the public hearing. Mr. and Mrs. Eisenshank indicated that they were concerned about changing the ordinance to allow apartment buildings in C-3B zoning. General discussion was held regarding the wording that would be needed to specify that these would not be apartments, but that they would be living quarters. It was the consensus of the planning commission that they would need the service of the City Attorney to properly write the amendment to the ordinance. Chairman Tralle closed the public hearing. COMMISSIONER WILLE MOVED TO CONTINUE THE PUBLIC HEARING FOR AN ORDINANCE AMENDMENT AND POSSIBLE CONDITIONAL USE PERMIT REQUEST BY MR. THOMAS RENNER, UNTIL THE NEXT PLANNING COMMISSION MEETING TO BE HELD IN JANUARY. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. 10. Krage Conditional Use Permit Request Chairman Tralle indicated that Mr. Wayne Krage of 13400 Island View Drive has requested a conditional use permit for a home occupation. Mr. Krage was present at the Planning Commission Meeting and indicated that his operation would be a telephone sales operation only and that he would be selling a new type of insullation that has just been introduced in Minnesota. Mr. Krage indicated that he would be dealing with direct sales where he would go and visit the consumer. There would be no storage, no employees, and no traffic generated from his home. He would have an office and a telephone. Mr. Krage indicated that as soon as his business increased, he would move into an office downtown. Chairman Tralle opened the public hearing. No one appeared for or in opposition of the matter. Chairman Tralle closed the public hearing. Planning Commission Minutes Noyember 20, 1984 ;Page Six COMMISSIONER FUCHS MOVED TO RECOMMEND TO THE CITY COUNCIL THAT A CONDITIONAL USE PERMIT BE GRANTED TO MR. WAYNE KRAGE OF 13400 ISLAND VIEW DRIVE SO THAT HE COULD OPERATE A TELEPHONE SALES OPERATION FROM HIS HOME WITH THE STIPULATION THAT THE PERMIT BE REVIEWED IN TWO YEARS. COMMISSIONER WILSON SECONDED THE MOTION. THE MOTION PASSED 6-0. 11. Consider Kreuser Zone Change Request/Public Hearing Chairman Tralle indicated that Mr. Gene Kreuser of 13764 95th Street in Otsego Township is requesting a zone change for property he has purchased on 3rd Street between Evans Avenue and Gates Avenue. Chairman Tralle indicated that Mr. Kreuser is requesting a change from an R-2 to an R-3 zoning designation in order that he can build a 6 unit apartment building. Chairman Tralle opened the public hearing. No one appeared for or in opposition of the matter. Chairman Tralle closed the public hearing. 012, COMMISSIONER OSTER MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE ZONE CHANGE REQUESTED BY MR. GENE KREUSER OF 13764 95TH STREET IN OTSEGO TOWNSHIP, FROM AN R-2 TO AN R-3 ZONING DESIGNATION BE GRANTED FOR PROPERTY ON 3RD STREET BETWEEN EVANS AVENUE AND GATES AVENUE. COMMISSIONER FUCHS SECONDED THE MOTION. THE MOTION PASSED 6-0. Ordinance Amendment to the Elk River Zoning Ordinance This item was not heard because of the fact that it was not advertised for public hearing. There being no further business, COMMISSIONER TEMPLE MOVED THAT THE MEETING BE ADJOURNED. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTION PASSED 6-0. Meeting Adjourned at 9:30 p.m. ~~Ubmitted' Sandy Thackeray Planning Commission Secretary o