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06-26-1983 PC MIN o o o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY JUNE 26, 1983 MEMBERS PRESENT: Chairman Tracy, Commissioners Oster, Tralle, Pearce, and Wille MEMBERS ABSENT: Commissioner Ward. Commissioner Hartman arrived at 9:45 p.m. 1. Call Meeting to Order Chairman Tracy called the meeting to order at 7:35 p.m. 2. Consider Minutes of May 24, 1983 Planning Commission Meeting Commissioner Pearce indicated that on Number 8, the motion should be changed to read "4-2" instead of "6-0". COMMISSIONER TRALLE MOVED TO APPROVE THE MAY 24, 1983, PLANNING COMMISSION MINUTES AS AMENDED. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 5-0. 3. Consider Agenda for June 28, 1983, Planning Commission Meeting The Planning Commission members consented to accept the agenda as presented. 4. Consider Conditional Use Permit ~ Home Occupation - Dave Plude Mr. Plude was present at the meeting, and explained to the Commissioners that he was requesting a home occupation conditional use permit so that he could operate a catering service out of his garage located at 634 Gates Avenue. Chairman Tracy indicated that the City Ordinance states that Mr. Plude must have at least a single car garage, and if his garage was turned into a kitchen he would not meet this standard. Mr. Plude stated that there was ample room to build another garage and that if his request for a home occupation conditional use was granted, he would add another garage to meet the ordinance. Commissioner Tralle questioned whether Mr. Plude's business was going to be regu- lated by the State Health Department. Mr. Plude indicated that his existing garage would be remodeled according to State Health Department Code. Chairman Tracy questioned how many hours Mr. Plude would be working in one day, and also questioned Mr. Plude if there would be any additional traffic near Mr. Plude's residence resulting from the Catering business. Mr. Plude indicated that he would be working anywhere from 8 to 10 hours per day, any that he did not expect any additional traffic in that he would be getting his own supplies. Chairman Tracy questioned whether Mr. Plude was considering any other changes to the front of his house. o C'5. o Planning Commission Minutes June 26, 1983 Page Two Mr. Plude indicated that he would be adding a single car garage and deleting the existing garage door and adding an access walk through door on the front side. Mr. Plude indicated that other than this there would be no other structural changes. Commissioner Oster questioned Mr. Plude as to how many employees he expected to have for his catering business. Mr. Plude indicated there would be just himself and maybe one or two employees according to the job. Mr. Plude further indicated that if his business ever warranted more employees, he would look for a different location. Commissioner Tralle questioned whether there were any objections in Mr. Plude's neighberhood to the catering operation. Mr. Plude stated that he had spoke to several neighbors in the neighborhood and that the people claim they would be in favor of Mr. Plude's catering business. No one in the audience was present concerning this issue. COMMISSIONER PEARCE MOVED TO RECOMMEND THAT THE CITY COUNCIL APPROVE MR. DAVID PLUDE'S REQUEST FOR A CONDITIONAL USE PERMIT/HOME OCCUPATION, FOR TWO YEARS WITH THE STIPULATION THAT A GARAGE BE BUILT, AND THAT THE CITY ORDINANCE AND STATE HEALTH STANDARDS ARE MET. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. Consider Variance Request - Minnesota-Ohio Oil Company No one was present for this request. Chairman Tracy stated that the Minnesota-Ohio Oil Company, who owns the FINA Sta- tion on Highway 10 by the Sneaky Pete Restaurant, has requested a variance to in- stall a sign on their property, pertaining to the height regulation. Commissioner Pearce indicated that the existing sign is already 6 or 7 feet above the power line and that it is the highest sign along the highway. Commissioner Tralle agreed with Commissioner Pearce. Chairman Tracy indicated that he felt that regarding the five standards necessary to grant a variance, he aRswered no to four of them for the request by Minnesota- Ohio Oil Company. Commissioner Tralle indicated that he felt the request for variance was more for an economic consideration, and if one was granted, he felt there would be no control over people asking for bigger signs. COMMISSIONER TRALLEMOVED REQUEST BY MINNESOTA-OHIO NECESSARY FOR A VARIANCE. PASSED 5-0. TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE OIL COMPANY BECAUSE THEY DO. NOT MEET THE FIVE STANDARDS COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION o o o Planning Commission Minutes June 26, 1983 Page Three 6. Consider Zone Change Request - George Cowles Roger Bluhm was present representing Mr. George Cowles. Chairman Tracy indicated that Mr. George Cowles has requested a zone change for a piece of property he owns at 15560 Cleveland Street. Chairman Tracy further explained that the existing zoning on the property is I-l/Light Industrial, and Mr. Cowles has requested to change this to C-3/Highway Com- mercial so that the Barritz Company could lease the building from Mr. Cowles to operate a dry bar. Chairman Tracy further indicated that a dry bar is a drinking and entertainment facility which does not serve any alchohol. Mr. Roger Bluhm indicated that he felt the location of the property was the best place for the bar and that it is accessible to the Highway. Mr. Bluhm further indicated that the size of the structure needed for this type of facility would cause problems with surrounding establishments and buildings should they have to locate somewhere else in the City. Commissioner Pearce indicated that this was spot zoning and that he did not like to see spot zoning in the City. Discussion was held regarding whether or not the proposed zone change request could be clarified as a nonconforming use. Mr. Zack Johnson, City Planner, indicated that this could not be clarified as nonconforming because it is a new use. This would have to go to a C-3 zone change. Mr. Johnson further indicated that the existing establishments there would have to be nonconforming. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE ZONE CHANGE REQUEST BE GRANTED TO MR. GEORGE COWLES FOR THE PROPERTY AT 15560 CLEVELAND STREET. COMMISSIONER OSTER SECONDED THE MOTION. THE MOTILN FAILED 3-2. COM- MISSIONERS PEARCE, WILLE, AND CHAIRMAN TRACY VOTED NO. A MOTION WAS MADE BY COMMISSIONER TRALLE RECOMMENDING THAT THE CITY STAFF TO INVESTGATE CHANGING THE ENTIRE AREA LOCATED AROUND HIGHWAY 10 AND CLEVELAND TO C-3 FROM I-I. COMMISSIONER WARD SECONDED THE MOTION. THE MOTION PASSED 5-0. 7. Zone Change Request by Mr. Donald Britt, Sr. Chairman Tracy explained that Mr. Donald Britt, Sr., who owns property at 14061 Highway 10, has requested a zone change for his property from R-lb/Single Family to C-3/Highway Commercial. Mr. Al Baumgartner was present and indicated that he was leasing a portion of Mr. Britt's property and that he would like to operate a sale consignment oper- ation. Mr. Baumgartner further explained that a consignment sales operation is a business where people bring in items and he sells them. o o o Planning Commission Minutes June 26, 1983 Page Four Chairman Tracy questioned whether or not the area should be considered for a C-3 zone. Mr. Baumgartner stated that all the area across the highway is zoned commer- cial and that he had no objections from anybody in that area. Commissioner Pearce indicated that he felt this would be spot zoning. Mr. Baumgartner asked what spot zoning was. Mr. Zack Johnson stated that the definition of spot zoning was "small parcels of land which are singled out for special and privileged treatment; singling out is not in the public interest but only for the benefit of the landowner and is not in accordance with the comprehensive plan". COMMISSIONER TRALLE MADE A MOTION TO RECOMMEND TO THE CITY COUNCIL TO DENY THE ZONE CHANGE REQUEST BY MR. DONALD BRITT. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 5-0. 8. Land Use and Zoning Study for the Area South 6fHighway 10, Bordered with Rush on the East and Main on the West and the Southern Border being the River Chairman Tracy indicated that at the April 26, 1983 Planning Commission meet- ing, there were two zone change requests for this property. One was for Dr. Jarmoluk to change the zone from an R-lc to R-2,which was tabled, and the other was from Walter Piwowar to change the zone from an R-lc to an R-3, which was denied. The Commission requested Mr. Zack Johnson, the City Planner to re- view this area and give a recommendation as to what type of use may be con- sidered for this area. Mr. Zack Johnson indicated that the area being studied does follow the land use plan and is a Medium Density Resident area. Mr. Johnson further explained that the average density throughout the general neighborhood would follow within the medium density zoning. Mr. Johnson further indicated that duplexes, townhouses, and small town apartment units would fall within Medium Density. He further explained that he felt the Planning Commission would look at each zone change request as a site by site basis. Mr. Johnson stated that he felt this area could stand 25 to 35 new units of multi-family housing. Mr. Johnson indicated that there were two areas he had not looked at which he was concerned about. One was utilities and the other is the configurations of the street and their ability to carry additional traffic on the east side of Main Street as it curves across the bridge. Mr. Johnson further indicated that these problems should be dealt with at the building permit stage and not zoning. Commissioner Pearce indicated that he felt it was important that the people be made aware of zone change recommendations. He also stated that he felt a better system should be developed for notifying the people. He suggested posting a sign on the lot. Commissioner Pearce also indicated that he o o o Planning Commission Minutes June 26, 1983 Page F:tve accepted Mr. Zack Johnson's recommendation to look at each individual zone change request as a site by site basis. Commissioner Tralle indicated that he did not feel comfortable with R-3 in that area, but that he felt there would be no problem with it being zoned R-2. Commissioner Tralle also indicated that he concurred with Mr. John- son's recommendation in dealing with each zone change on an individual basis. Chairman Tracy indicated that he als concurred with Mr. Johnson's recommenda- tion in dealing with each zone change on an individual basis. Chairman Tracy opened the floor to the public at this time. Mary Beck asked Mr. Johnson if he took into consideration the water run-off. Mr. Johnson indicated that he was relying on Mr. Darrell Mack, City Sewer Super- intendent, who has indicated that the services in that area are adequate. Mrs. Beck indicated that she felt an R-3 and that the traffic would be too much. mind double houses or duplexes, but that buildings. would be detrimental to the area, She also indicated-~hat she would not she would not agree with apartment Ray Zackman of 511 Tipton stated that when he moved into the neighborhood, the area was zoned R-l and that he spent his life savings to buy his home, and he can't go along with the area being zoned R-3. Mr. Zackman also indicated that he agreed with Mary Beck, and that he would rather see double houses than apartment buildings. Mr. Zachman indicated that he wanted to make sure that the people in the aud- ience understood that if the City rezones a larger area to any zone, it does not eliminate any individual rezonings in that area. LeAnn Palmer of 520 Upland stated that the curve in the road would create a major traffic problem. Ruby Benson of 571 Tipton stated that there was much yelling and noise at night from the Masonic Lodge. Commissioner Tralle indicated that this was a problem to be taken care of by law enforcement. Mr. Orrin Beck questioned. what the, amount of coverage was on apartments for R-3 zone. Commissioner Tralle indicated that 70% of the land would have to be open for townhouses. Mr. Walter Piwowar indicated that if he were to put in dupleses, they would be harder to maintain~ it is harder to discipline the people. Mr. Piwowar indicated that it was much easier to maintain one building and duplexes in the area. Mr. Piwowar further indicated that he felt the people were failing to see how much nicer one larger building would be as opposed to a lot of small duplexes. o o o Planning Commission Minutes June 26, 1983 P age Six Mr. Johnson indicated that in the proposed area, there would be 8 duplexes put in. Mrs. Evelyn McGibbon stated that the neighborhood was an older neighborhood and has been established for many years and that the proposal would distract from the neighborhood. Mr. James Thomas of 1536 Main Street indicated that if a l2~un~tapartment would be put in it would create a traffic problem in the area. Commissioner Tralle questioned if there was anyone who had any objections to Dr. Jarmoluk's request for an R-2 zone. It was stated that it was felt that Dr. Jarmoluk would keep his property up and that there was no objection. Commissioner Tralle indicated that he does not see this as a valid argument against Mr. Piwowar. Chairman Tracy closed the floor to the public. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY REZONE DR. JARMOLUK's PROPERTY FROM R-l TO R-2. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 4-1. COMMISSIONER WILLE OPPOSED. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE R-2 ZONE BE PERMISSIBLE IN THE AREA BEING LOOKED AT. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 471. COMMISSIONER WILLE OPPOSED. 9. Land Use and Zoning Map Amendment Mr. Zack Johnson indicated that a presentation was made to the City Council to expand Light Industrial north of .the existing Industrial Park, and that they initially looked at an area up to the residential zone. Mr. Johnson further indicated that he looked into the existing land use, ownership pat- terns, soil types, topography and the tree cover, and that he would like to recommend talking about 1/2 of the area (about 75 acres of land along the railroad tracks) for industrial zoning. General discussion was held regarding the landowners feeling about the area being zone industrial. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THE REZONING OF THE AREA NORTH OF MEADOWVALE ROAD, WHICH WOULD INCLUDE THE AREA UP TO THE QUARTER SECTION LINE FROM R-la TO I-I AND TO AMEND THE CITY LAND USE MAP TO REFLECT THE ZONE CHANGE. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 5-0. Chairman Tracy suggested that at least one or two Planning Commission members attend the City Council meetings on every third Monday. o o o Planning Commission Minutes June 26, 1983 Page Seven Commissioner Tralle volunteered to attend the July 18, 1983 City Council meeting. Commissioner Tralle also indicated that he felt the Planning Commission members should be notified when a Planning item was on the agenda for a City Council meeting. Mr. Zack Johnson indicated that he would like to recommend that the Plan- ning Commission discuss, at one of there meetings, buffering for noncom- patible zones. Mr. Johnson indicated that he felt that any noncompatible zone that is either created or expanded, and can cause a negative impact on surrounding land use, a buffer should be provided. 10. Adjournment There being no" further business, COMMISSIONER HARTMENT MOVED TO ADJOURN THE MEETING. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 6-0. The meeting adjourned at 9:45 p.m. Respectfully submitted, e~ Rick Breezee Building and Zoning Administrator RB:st:cl