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04-26-1983 PC MIN o o o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY ,.APRIL 26, 1983 MEMBERS PRES ENT : Chairman Tracy, Commissioners Hartman, Tralle, Pearce, Oster, Wille MEMBERS ABSENT: Commissioner Ward STAFF PRESENT: Rick Breezee, Building and Zoning Administrator and Zack Johnson, City Planner 1. Call Meeting to Order Chairman Tracy called the meeting to order at 7:30 p.m. 2. Consider Minutes of March 22, 1983 Planning Commission Meeting MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER TRALLE, TO ACCEPT THE MIN- UTES OF THE MARCH 22, 1983 PLANNING COMMISSION MEETING AS PUBLISHED. MOTION PASSED 5-0. 3. Consider Agenda for April 26, 1983 Planning Commission Meeting Chairman Tracy suggested that items 8 and 10 be switched on the agenda, due to the fact that Richard Hinkle would be late. The Commissioners assented. 4. Continuation of Rezone Request by Mr. Walter Piwowar Mr. Walter Piwowar was present for this request. Mr. Piwowar explained that he was requesting a zone change from R~lc to R-3 for two adjoining pieces of property which he owns at 527 Tipton. Mr. Piwowar stated that there is approximately 3 acres and that he owns all the land. He stated that it was his intention to build two, twelve unit ap~rtment buildings on the site. He explained that a l2-unit building was the maximum which could go on an R-3 zone, and that the building would be attract- ive. Commissioner Tralle questioned if there would be an overload on utilities. Rick Breezee stated that there was adequate facilities and also stated that Mr. Piwowar has three acres and 12 dens,jj"ty "uni ts are permitted per acre, so legally he could possibly go to 36 units. Mr. Piwowar stated that there would be possibly two sites with 12 units per build- ing. Commissioner Pearce asked Zack Johnson if he could give a recommendation. Zack Johnson explained if the land use map was Medium Residential, Mr. Piwowar could have these sites in the proposed area. Commissioner Pearce stated that he would be more interested in looking at this situ- ation as a whole instead of looking at an:c.area in particular. His concern was that something like this could snowball. o o o Planning Commission Minutes Ap~il 26, 1983 Page Two Chairman Tracy opened the floor to the public. Tom Johnson, who lives across from the Piwowar property, stated that he thought the neighbors should be notified. He also said that when something like this ~omes up, he feels that a public hearing should be held at the Planning Commission level. Mr. Johnson also said he was not in favor of changing the present R-lc zone to an R-3 zone and that he was not in favor of apartment buildingg going up in the area. Ralph Garner of 577 Tipton, said he agreed with Mr. Johnson. May Beck, also a resident of the area, said she felt that apartment buildings would not fit in or will not blend in with the area. Rudy Benson, a resident of the area, stated that she was against the apartment building going in that area. LeAnn Palmer of 520 Upland stated she was against apartment buildings in that area, due to the fact that many people in the area are retired people and want a quiet place to live. James Stevenson of 441 Upland said he was against the apartment buildings. Mr. McGibbon stated he was also against the apartment buildings. Ray Zackman of 511 Tipton explained that before he bought his house, he was told the area was a single family residence area. He said he moved in one year ago and that he is retiring and wants a quiet neighborhood. Mr. Piwowar explained that he has a piece of land and wants to develop it. The first step is to rezone. He has no actual plans. He said there is no sense in drawing up plans, if he doesn't first get a zone change. He stated there are a lot of provi- sions the City Council can put in such as privacy hedges. Mr. Piwowar also stated that there is a great need for apartment buildings and that he wouldn't be doing this if he thought the apartment building would be sitting vacant. Evelyn McGibbon was concerned about the area being surveyd and also about the need for parking spaces. Owen Beck of 420 Upland stated that if apartment buildings were put in, the existing sewer would not be adequate. Commissioner Pearce asked Zack Johnson what his recommendation for the area was. Zack Johnson stated that from a zoning standpoint, R-3 would be consistant with the land use plan. He also stated that the City should restrict the request to whether or not the land would be consistant to the zoning allowed. The City should not request anything beyond the maximum the zoning classifications would allow. o o o Planning Commission Minutes April 26, 1983 Page Three Mr. Johnson said that in his opinion there would be no problem with the apartments on that piece of ground. Commissioner Pearce was concerned that the area should be zoned R-3 as a whole. He said he objects to people not knowing what is eventually going to happen to the land. Commissioner Hartman asked if adequate sewer had been looked at. Rick Breezee stated he talked to Edson Stansfield and Darrell Mack, the City Sewer Superintendent, and both agreed that there was adequate sewer and water. Mr. Stans- field is the Elk River Utilities Superintendent. Chairman Tracy closed the matter to the public. Chairman Tracy stated that the City Council holds public hearings. He also stated that preliminary plat hearings were the only time the Planning Commission held public hearings. Commissioner Pearce stated that he thought there was no problem with an R-3, but said he thought there should be a public hearing, and also would like to see a study made o~the whole area to help people realize what would be going on in the future in that area, and that he would like to know what the limits are for re- zoning. Commissioner Oster said the only recommendation he could make to the City Council is that it either meets or doesn't meet the zoning requirements. Chairman Tracy said that it meets the land use requirements. MOTION BY COMMISSIONER TRALLE, SECONDED BY COMMISSIONER WILLE TO RECOMMEND TO THE CITY COUNCIL THAT THE REQUEST FOR ZONE CHANGE BE WALTER PIWOWAR BE DENIED. THE MO- TIONPASSED 6-0. Commissioner Tralle stated his reason for denial is that he felt the area should be looked into further and he also thinks an R-3 is too much for the area. Commissioner Oster stated he was against the R-3 as the situation is zoned to the maximum. Commissioner Hartman stated that he agreed with Commissioner Oster. Commissioner Tralle said he thought there should be a happy medium and that maybe an R-2 zone would be that. 5. Zone Change Request - Dr. A.F. Jarmoluk, 1547 Main Street Dr. Jarmoluk was present for this request. Dr. Jarmoluk stated that he was re- questing a zone change for a piece of property he owned located west of downtown on Main Street near the curve heading toward the dam. The land is presently zoned o o o Planning Commission Minutes April 26, 1983 Page Four R~lc/Single Family Residential Dwelling, and Dr. Jarmoluk stated he was requesting this zone to be changed to R-3/Two~Family Dwellings. Dr. Jarmoluk stated that there was no house to the left or right of the property and that the change would be an improvement over the way it looks now. Commissioner Hartman wanted to know if the lot was big enough, to put 2 duplex structures on the lot. Rick Breezee indicated that it was not. CommissionerHartman stated that he would be in favor of recommending a zone change. Commissioner Tralle statedhe would like to get other feelings on more R-2 in the area. Mr. McGibbon, a neighbor stated that once you start to break up a single family neighborhood, then the rest goes fast. Commissioner Hartman questioned if the area was big enough for 2 single family units. Rick Breezee stated that yes, there could possibly be 3 single family units, but only one double. Tom Johnson, 508 Tipton, statedhe thought there should be alperiod when property would go back to the original zone if nothing is done to the property after the zone change in a specified amount of time. Commissioner Pearce asked Dr. Jarmoluk if it would be an inconvenience if the item was tabled and the area studied. Dr. Jarmoluk stated that it would not cause an inconvenience. Commissioner Pearce stated he would like to see a study done by Zack Johnson as to what the people could expect in the future. Chairman Tracy stated he would vote in favor of the rezoning request, but would rather look at the whole area. Mr. Piwowar asked if his rezoning request could also be looked at. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER TRALLE TO TABLE THE REQUEST FOR REZONING UNTIL A STUDY IS MADE OF THE ENTIRE AREA WHICH WOULD INCLUDE MR. PIWO- WAR'S PROPERTY. THE MOTION PASSED 4~2. COMMISSIONERS HARTMAN AND OSTER VOTING NO. The Commissioners showed Zack Johnson the area they had in mind to be studied. MOTION BY COMMISSIONER TRALLE, SECONDED BY COMMISSIONER PEARCE TO HAVE THE STAFF INVESTIGATE THE AREA SOUTH OF HIGHWAY 10 BORDERED WITH RUSH ON THE EAST AND MAIN ON THE WEST AND THE SOUTHERN BORDER BEING THE RIVER. THE MOTION PASSED 6-0. o o o Planning Commission Minutes April 26, 1983 Page Five 6. Variance Request by Mr. Lloyd Anderson for XXOO Watson Mr. Lloyd Anderson was present for this request. Mr. Anderson stated that he is re- questing a variance to front yard setback to reduce the 50' setback to 35' because of the fact that the lot has a very deep drop-off where the 50' setback would be. Mr. Anderson also stated that this is the only lot out of 110 lots with this problem. MOTION BY COMMISSIONER OSTER, SECONDED BY COMMISSIONER HARTMAN TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE VARIANCE FOR MR. LLOYD ANDERSON AT XXOO WATSON. THE MOTION PASSED 6-0. 7. Variance Request by Mr. Douglas Johnson, 370 Jackson Mr. Doug Johnson was present and stated he was requesting a variance to a setback dimension in a C-4/CQmmercial zone. Mr. Johnson indicated that the building is 75' by 40' and will face north on Jackson. Chairman Tracy asked if he considered laying the building out differently. Mr, Johnson indicated that he had tried many different ways, but that none of his other ideas worked but. Commissioner Tralle questioned if Mr. Johnson's only intent was office. Mr. John- son indicated that was his only intent. Commissioner Oster questioned if there would be any problem with flammability of the gas tanks at Food and Fuel. Rick Breezee indicated that he had looked into the situation and discussed it with Russ Anderson, the Fire Chief, and that there would be no problem. Rick Breezee indicated that he and the City Administrator met with Mr. Johnson earlier and that they were not in favor of granting a variance because of the other possibilities that Mr. Johnson had for building his building. Also it is not a reason to approve a variance because of economic purposes. Commissioner Pearce stated that he felt the building would be an asset to Jackson Avenue. COMMISSIONER WILLE MADE A MOTION TO RECOMMEND TO THE CITY COUNCIL TO APPROVE THE VARIANCE REQUEST BY MR. DOUG JOHNSON. COw.nSSI ONE R .OSTER SECONDED THE MOTION. THE MOTION PASSED 6-0. 10. Variance Request by Mr. Julius Wadekamper Mr. Wadekamper has requested a variance to the 600' required setback. He plans to construct a building about 300' from the neighbors house. He wants the building to be used for packing and shipping bulbs and flowers. o o o Planning Commission Minutes April 26, 1983 Page Six Commissioner Tralle statEdhe felt Mr. Wadekamper had adequately met the five standards needed for a variance. Chairman Tracy indicated that he would like to include a requirement in the var- iance which would restrict animal use of the building. Rick Breezee indicated he had talked with Mr. Wadekamper and that Mr. Wadekamper indicated that none of the neighbors were against the request. MOTION BY COMMISSIONER TRALLE, SECONDED BY COMMISSIONER HARTMAN, TO RECOMMEND TO THE CITY COUNCIL THAT THE VARIANCE-~' REQUEST BY MR. JULIAS WADEKAMPER BE APPROVED WITH THE STIPULATION THAT THE BUILDING BE USED FOR THE PACKING AND SHIPPING OF BULBS AND PLANTS AND FOR STORAGE. THE MOTION PASSED 6-0. 9. Variance Request by Mr. Ronald Walz Mr. Ronald Walz was present for this request. Two of Mr. Walz's neighbors were also present. Mr. Walz indicated that he was requesting a variance to build a pole barn about 375 feet from the neighbors to the west. Commissioner Pearce asked Mr. Walz what his barn would be used for. Mr. Walz indi- cated it would be used for storing agricultural products and equipment and also for a workshop. Mr. Walz further indicated that his neighbors have no objections. His two neighbors present stated they did not object to the pole building. MOTION BY COMMISSIONER TRALLE, SECONDED BY COMMISSIONER WILLE, TO RECOMMEND TO THE CITY' COUNCIL APPROVAL OF THE VARIANCE REQUEST BY MR. RON WALZ, WITH THE STIPULATION mAT mE BUILDING BE USED FOR CROP AND EQUIPMENT STORAGE AND MAINTENANCE ONLY. THE MOTION PASSED 6-0. 8. Variance Request by Mr. Richard Hinkle Mr. Hinkle was present for this request. Mr. Hinkle indi~ated that he is requesting a variance to construct a metal skinned building. He further indicated that the building would be used to store equipment, and his airplane. Mr. Hinkle showed the Commissioners a picture of his property and explained where the building would go. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER TRALLE, TO RECOMMEND TO THE CITY COUNCIL mAT THE VARIANCE REQUEST BY MR. RICHARD HINKLE BE APPROVED AND THAT THE BUILDING BE USED FOR EQUIPMENT STORAGE AND NO LIVESTOCK BE PERMITTED. THE MOTION PASSED 6-0. 11. Variance Request by Mr. Tony Mikol~ Mr. Mikols was present for this request. Mr. Mikols is requesting a variance to in- stall a drainfield which will encroach into the requested 75' setback that the DNR requires. p Planning Commission Minutes April 26, 1983 Page Seven Discussion was held concerning keeping the drainfield far enough away from the bank so it doesn't leak over the edge. Rick Breezee indicated that if the variance was approved, he would like to recom- mend that it be included in the motion that the installation of the drainfield would be done under the supervision of Darrell Mack, the Elk River Sewer Superin- tendent. Commissioner Hartman indicated that it was stated in Rick Breezee's memo that Darrell Mack felt very confident that a system could be done with no problems re- lating to contamination of either the lake or Mr. Mikol's neighbors. Chairman Tracy stated that his only concern was that the construction be super- vised. Rick Breezee indicated that Mr. Mikols had agreed to this. MOTION BY COMMISSIONER HARTMAN, SECONDED BY COMMISSIONER WILLE TO RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY MR. TONY MIKOLS WITH THE STIPULATION THAT THE ELK RIVER SEWER SUPERINTENDENT CLOSELY MONITOR CONSTRUCTION OF THE DRAINFIELD AND THAT PER- IODIC WATER SAMPLE CHECKS BE DONE. THE MOTION PASSED 6-0. 012. Adopting New Land Use and Zoning Map Amendment Mr. Zack Johnson was present for this item. Mr. Johnson pointed out and explained the recommended revisions on the land use and zoning map. Rick Breezee indicated that he felt the people should be heard if they have anything to say regarding the recommended changes on the land use and zoning map. Mr. and Mrs. Schuur own property along Meadowvale Road, north of the railroad tracks. The land is currently zoned light industrial. The recommended change is to move the line to the east so it would become low density/residential or R-la. Mr. and Mrs. Schuur were questioning if they could put up a pole barn. Rick Breezee explained that if the recommended changes on the zoning map were passed, they would be able to put up the pole barn; if, however, it was not passed, or the Schuur's wished to put up the building before it was passed, they would have to apply for a variance or an individual zone change request. Mr. Don Schumacher of Cretex Company was present for this request. Mr. Schumacher ex- plained that the property along Upland is owned by Cretex, with the exception of the corner lot. The property is currently zoned I-I and the recommended change is to R-3. Mr. Schumacher indicated that when Cretex bought the property, they bought it for industrial use and he thought it was unfair that the zone be changed. o Jim Neilson, an attorney representing Mr. and Mrs. Dwight Kirkeide, was present for this request. Mr. Neilson explained that Mr. and Mrs. Kirkeide's property is the extension of l73rd in a westerly direction, and is shown in a floodplain area, and comprises 4.7 acres. He indicated that Mr. and Mrs. Kirkeide brought a petition to the Planning Commission on September 28, 1981 to change the zoning from C-3 to A-I p o o Planning Commission Minutes April 26, 1983 Page Eight so that they would be permitted to build a house on the property. He further indicated that the Planning Commission passed the rezoning. It went to City Council on October 5, 1981 and the rezoning was denied. Mr. Neilson indicated that the property on which the Kirkeide's would be building their home is a very high area - 891.5 feet is the elevation of the proposed house _ according to John Oliver's survey. Mr. Neilson indicated that the house would be almost 30 feet above the 100 year high mark flood elevation. Discussion was held regarding the changing of the interpretation of the floodplain area. The Planning Commissioner asked Zack Johnson what his interpretation as to where the C-3 commercial zone should end in respect to the rear toward the river. Mr. Johnson stated that in almost all cases this C-3 zone would only be one lot depth in size because it would be impractical for it to go deeper. Mr. Neilson stated that the Kirkeides would be building their own roadway. Discus- sion was held regarding who would be responsible for maintaining the road. Rick Breezee indicated that it would be Kirkeide's job to maintain the road, and that the City was not responsible. Me also stated that the Kirkeide's had agreed to this. Rick Breezee also indicated that an agreement should be drawn up stating the easement should be maintained in a passable manner in case fire trucks, police, or ambulance have to get in. MOTION BY COMMISSIONER OSTER, SECONDED BY COMMISSIONER WILLE, TO INTERPRET THE C-3 AREA TO BE BOUNDED BY THE ONE LOT DEPTHTHE..EAST LINE OF THE NW QUARTER OF THE NW QUARTER OF SECTION"11, AND THAT THE HIGH GROUND BEYOND THAT POINT IN THE FLOODPLAIN BE INTERPRETED AS A-I. THE MOTION PASSED 6-0. After further discussion, Chairman Tracy suggested that the Commission. look at each section of the map and make a recommendation as follows: should A. R-4 behind liquor store - Argree, 6-0. B. Highway 10 - Hagens store - Agree, 6-0. C. I-I recommended by HRA North of Railroad Drive along triangle - Agree, 6-0. D. C-3 running from Jackson to Oxford and including the Dairy Queen - Agree, 6-0. E. R-4 as designated in Redevelopment Plan, Fullerton Lumber - Agree, 6-0. F. R-3 South of Railroad along Proctor - Agree, 6-0. G. Area North of railroad tracks, East of Proctor, South of PUD would be I-l except Elk River Machine property to remain 1-2 - Agree, 6-0. H. R-3 East side of Upland extending up Meadowvale - Agree, 6-0. I. Extend 1-2 zone which Cretex presently owns, East of Upland, North to the Burlington Northern Railroad tracks, westerly to McChesney Industrial Park - Agree, 6-0. p o o Planning Commission Minutes April 26, 1983 Page Nine MOTION BY COMMISSIONER TRALLE, SECONDED BY COMMISSIONER PEARCE, TO RECOMMEND TO THE CITY COUNCIL TO ACCEPT THE LAND USE AND ZONING MAP AS AMENDED PER RECOMMENDA- TION OF THE ELK RIVER PLANNING COMMISSION. THE MOTION PASSED 6-0. 13. Interpretation of a Use Within an I-l/Light Industrial Zone Rick Breezee indicated that Mr. Cowles, who owns the structures behind Cedar Log Homes on Cleveland Avenue, would like to lease one of his structures to a company similar to Midas or a muffler clinic. Mr. Cowles believes that because of the welding, cutting and bending of pipes, the area should fall under industrial use. MOTION BY COMMISI0NER TRALLE, SECONDED BY COMMISSIONER HARTMAN, TO INTERPRET THE USE AS A C-3/HIGHWAY COMMERCIAL ZONE. THE MOTION PASSED 6-0. 14. ,Planning Commission Holding Public Hearings Commissioner Hartman indicated that he was concerned about the public not being informed of Planning Commission items but also indicated he would like to make de- cisions without too much pressure from the public. Commissioner Pearce indicated he felt public hearings were necessary because the peoples views and ideas were very important. Chairman Tracy indicated he was against public hearings. He felt the Planning Com- mission's job was to look at what the staff gives them, and to make a recommend- ation. He also stated he felt public hearings at the Planning Commission was a dupliaate of government because public hearings were held at the Council meetings. Commissioner Tralle indicated he felt people should be notified for rezoning, but not for variances. Mayor Hinkle stated that the City Council held public hearings and that it would be a duplication, and that public hearings are time consuming. He further indi- cated that the Council is neutral in the matter of them holding public hearings. Zack Johnson indicated his concern was the City will use extra time holding two public hearings. Extra time will delay a developer a month or two, and any delays will add extra cost, which will be passed on to the buyer. He further indicated that somebody should be able to make a decision based on the planing theory without any outside influence. Rick Breezee indicated he agreed with Zack Johnson and further indicated that he felt if public hearings were held, it would be too easy to be persuaded to take a different stand on a matter after listening to the public. p o o Planning Commission Minutes April 26, 1983 Page Ten MOTION BY CHAIRMAN TRACY, SECONDED BY COMMISSIONER WILLE, TO RECOMMEND TO THE CITY COUNCIL THAT THE PLANNING COMMISSION HOLD PUBLIC HEARINGS ONLY WHEN THEY DEEM IT NECESSARY, OR IF THE STAFF FEELS THAT A PUBLIC HEARING WOULD BE NECESSARY. THE MOTION PASSED 4-2, COMMISSIONERS WILLE AND PEARCE VOTING NO. 15. Adjournment There being no further business, MOTION BY COMMISSIONER TRALLE, SECONDED BY COMMIS- SIONER PEARCE, TO ADJOURN THE MEETING. THE MOTION PASSED 6-0. The meeting adjourned at 12:45 a.m. Respectfully submitted, 0~- Rick Breezee Building and Zoning Administrator RB:cml:st