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07-26-1983 PC MIN c c o ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY JULY 26, 1983 MEMBERS PRESENT: Chairman Tracy, Commissioners Oster, Ward, Hartman, Tralle, and Pearce. Commissioner Wille arrived at 8:10 p.m. MEMBERS ABSENT: None STAFF PRESENT: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Tracy called the meeting to order at 7:30 p.m. 2. Consider Minutes of June 26, 1983, Planning Commission Meeting COMMISSIONER HARTMAN MOVED TO APPROVE THE JUNE 28, 1983, PLANNING COMMISSION MINUTES. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 6-0. 3. Consider Agenda for July 26, 1983 Planning Commission Meeting Mr. Walter Piwowar was present, and requested to be added to the agenda to request a zone change. Chairman Tracy stated that Mr. Piwowar could be added to the agenda as Item #10. Rick Breezee informed the Commission members that a unanimous deci- sion must be approved by all of the members for the item to be added. The Planning Commission consented to accept the agenda as amended. 4. Consider Variance Request by Mr. Lyman T. Marshall Mr. Peter Salter was present representing Lyman T. Marshall. Chairman Tracy indicated that Mr. Lyman T. Marshall, Jr., of 2170 Lester River Road, Duluth, MN, has requested a variance to a sideyard setback for an accessory building he owns at 379 Baldwin Avenue. Chairman Tracy further indicated that Mr. Marshall would like to enlarge a detached garage for his apartment building by add- ing an additional 12 feet to his garage, which would leave one foot from the prop~ erty line, and as such, encroach 4 feet from the sideyard setback requirement. Commissioner Hartman indicated that he felt that all the 5 standards required to approve a variance are not met in Mr. Marshall's situation. Commissioner Hartman further indicated that Mr. Marshall's situation definitely 'does not cause a hardship and that Number iii of the five standards does not apply to Mr. Marshall's request. Chairman Tracy stated that he agreed with Commissioner Hartman, and also indicated that he felt Mr. Marshall has other alternatives to build the garage in SOme other location. COMMISSIONER HARTMAN M0VED TO RECOMMEND THAT THE CITY COUNCIL DENY THE REQUEST FOR A VARIANCE TO A SIDEYARD SETBACK BY MR. LYMAN T. MARSHALL. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 6-0. o o o Planning Commission Minutes July 26, 1983 Page Two 5. Consider Preliminary Plat Review for Mr. Gerald Smith - Public Hearing Mr. Gerald Smith of 7815 Shingle Creek Drive, Brooklyn Park, MN, was present and indicated to the Planning Commission members that he was submitting a preliminary plat for their review, for a piece of property located along Highway 169 on the west and 205th on the north. Mr. Smith also indicated to the Planning Commission members that all the lots were completely sold contingent upon plat approval. Chairman Tracy opened the public hearing. Lynn Robinson and LorraineHeinz were present and both stated they owned neighboring property to Mr. Smith's property, and asked to see the map of the preliminary plat. Mr. Smith showed them the map and further explained the preliminary plat to them. Chairman Tracy indicated that the City Ordinance states that the required minimum lot size in R-la non-sewered areas is 2.5 acres, and further indicated that he had talked to Mr. Klein of John Oliver and Associates, and Mr. Klein informed him that at the time of the final plat, the 2.5 acre minimum will be met. Mr. Gerry Smith indicated that all the lots are sold contingent on approval of the plat. Commissioner Ward questioned whether a drainage area on a lot is considered part of the 2~ acre minimum. Rick Breezee indicated that the Zoning Ordinance states that the minimum requirement of a lot cannot include areas occupied by water or any area that serves as a sur- face water drainage course or holding area and is frequently under water. Mr. Zack Johnson, City Planner, indicated that the intent of the Ordinance was not to allow a lot that included a feasible water body to be included in a lot area. Mr. Johnson then explained the topography of the land and indicated that only a small area is unbuildable. Rick Breezee indicated that the Commissioners should be concerned that there should be no newly created lots where the developer would have to pursue a variance. Commissioner Pearce indicated that they should concern themselves of what must be done to prevent soil errosion, and make sure people are buying buildable lots. Mr. Johnson indicated that there was no;drainage plat and further indicated that this should be considered upon final plat approval. Chairman Tracy indicated that the entrance onto 169 and 201st Avenue is in alignment with Brentwood Avenue. Chairman Tracy questioned the easement on the property. Rick Breezee indicated that the road plat shows a 33' wide easement on the Deerfield property side but no ease- ment on the south side of 201st, and that also there is an outlot at the end of 202nd Avenue. Rick Breezee further indicated that both of these areas are very important for ingreesand egress purposes. Rick Breezee also indicated that he felt that these c c o Plann~ng Comm~ss~on Minutes July 26, 1983 Page Three areas be an easement and the easements be given to the City so any future develop- ment south of this development can proceed. Chairman Tracy indicated that the major concerns of the preliminary plat were as follows: 1. Drainage 2. Road Easement 3. 2~ acre minimum lots 4. No unbuildable lots requiring a variance 5. City engineering of drainage plan 6. Engineering and layout of roads should be reviewed by City Engineer Commissioner Pearce indicated that he felt a person should be able to build on a 2~ acre lot with swamp if it is buidable and does not requite a variance. Mr. Joe Robinson of Knollwood was present and indicated his opposition to have a road go through 201st Avenue. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE PRELIM- INARY PLAT FOR DEERWOOD FIRST ADDITION ON THE BASIS THAT THE DEVELOPER WILL PROVIDE THE STAFF, BEFORE THE HEARING WITH THE COUNCIL, ASSURANCE THAT THERE WILL BE NO UNBUILDABLE LOTS, THAT ROAD EASEMENTS BE GRANTED ON 201ST AND FROM THE CUL-DE-SAC ON 202ND SOUTH, THAT A DRAINAGE PLAN BE PROVIDED AND THAT A STIPULATION THAT 2~ ACRE DOES ALLOW FOR SWAMPS AND MARSH AREAS, AND THAT THIS IS ACCEPTABLE. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION PASSED 7-0. 6. Consider Variance Request by Mr. Michael Majkrzak Mr. Majkrzak was not present for this item. Rick Breezee indicated to the Planning Commission that he had issued a Stop Order for Mr. Michael Majkrzak because he was installing an inground swimming pool without first obtaining the required permit. Rick Breezee further indicated that Mr. Majkr- zak is located in an R-lb zone, and that the required setbacks are 35' front, 20' side, and 20' rear, and that Mr. Majkrzak has started to place his pool 10'4" from a sideyard lot line and 15' from his rearyard property line, and therefore, is en- croaching on the side and rear setbacks. Rick Breezee further indicated that Mr. Majkrzak has constructed the pooi wall and is in the process of installing a liner. Chairman Tracy indicated that he felt he would vote denial of the request because Mr. Majkrzak created the hardship himself, and further that he did not come fnto the City to see what they required. Commissioner Pearce indicated that no matter what size Mr. Majkrzak built his pool, the electric service drop would have to be moved. Commissioner Tralle indicated he felt the Commissioners should review the five standards of the Zoning Ordinance before a recommendation be made. o o o Planning Commission Minutes July 26, 1983 Page Four General discussion was held regarding the five standards which must be acted on favorable Defore recommending approval of the variance, and it was the consensus of the Planning Commission that Mr. Majkrzak could not meet four of the five standards. COMMISSIONER TRALLE MOVED TO RECOMMEND THAT THE CITY COUNCIL DENY THE REQUEST FOR A VARIANCE TO SETBACK REQUIREMENTS FOR MR. MICHAEL MAJKRZAK. COMMISSIONER WARD SECONDED THE MOTION. THE MOTION PASSED 7-0. 7. Modification to the Conditional Use Permit, Site Plan and Preliminary Plat for Barrington Place P.U.D. by Mr. Gary Santwire Chairman Tracy indicated that Mr. Gary Santwire was present, and that he is the developer of the Barrington Place P.U.D. and he has requested a modification to his development which is located on the east side of Highway 169 just north of 5th St. Chairman Tracy further indicated that the Planning Commission would be dealing with three items in the modification of Mr. Santwire's PUD: density, property exchange, and easement line. Mr. Gary Santwire indicated that there should not be a necessity for the easement running between the lots. Mr. Santwire also indicated that he would like to recom- mend that the City vacate the easement on each side of the property line. Mr. Sant- wire further indicated that he doe not want the property line disturbed because it is part of a final plat. Commissioner Oster questioned the size of the easement. Mr. Santwire indicated that the easement was ten feet on each side of the property line. Mr. Santwire further indicated that the easement will only be vacated to not disrupt the back or front property line. COMMISSIONER HARTMAN MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THE EASEMENT BE VACATED UP TO THE OTHER FRONT AND REAR EASEMENTS. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 7-0. Mr. Santwire indicated that he is requesting to delete a portion of property from commercial property and add additional property from a different location to the same property. Mr. Santwire further indicated that by doing this property exchange, he would be gaining more ground than he is deleting. Mr. Santwire explained that he would be deleting 4,000 feet of land and picking up 7,000 feet of land. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT MR. SANTWIRE'S PROPOSAL FOR ADDING TO AND DELETING FROM THE PROPERTY ON LOT 1, BLOCK 6, BE APPROVED SUBJECT TO ADMINISTRATIVE CONTINGENCIES. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 7-0. Mr. Santwire indicated that he is proposing to increase his density use by double in the residential areas, and further indicated that the townhouse project right now is at about 5 density units per acre. Mr. Santwire indicated that according to the land use plan, Developer's Agreement, and Ordinance, he is allowed up to 15 units per acre, and further indicated that he is looking for about 10 units per acre on an average. o o o Planning Commission Minutes July 26, 1983 Page Five Mr. Santwire indicated that he is also requesting that the single family lots located on Fawn Road and Line Avenue be changed to allow the possibility of duplex construction. Mr. Santwire indicated that Lots 1, 3, and 5, Block 4, were approved for (3) 18- unit apartment buildings which is a total of 54 units. Mr. Santwire indicated that he is requesting an increase of 6 units per building which would create a new total of 72 units. Commissioner in density. the area is is nigh, and Pearce questioned Mr. Santwire as to why he was requesting the increase Mr. Santwireindicated it was because of competition, and also because routed into the interceptor sewer and that the cost of assessments that increasing the density per unit would decrease this cost. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY ACCEPT MR. SANTWIRE'S CONCEPT OF INCREASING THE DENSITY IN THE BARRINGTON P.U.D. BE APPROVED. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 7-0. 8. Consider Zoning Update for Mr. Cowles - Area along Highway 10 east Chairman Tracy indicated that at the last Planning Commission meeting, Mr. George Cowles had requested a zone change from I-l/Light Industrial to C-3/Highway Commer- cial for a piece of property he owns at 15536 Cleveland which is located at the easterly border of the City limits and near Highway 10. Chairman Tracy further in- dicated that the request was denied on the basis that it would be a spot zone, and further requested Mr. Zack Johnson, the City Planner, review this area in more de- tail and report back to the Planning Commission with his recommendation as to whether or not a larger area should be set aside for commercial development. Mr. Zack Johnson indicated that the City's land use plan illustrates 350 acres of highway commercial land, and that there is approximately 270+ acres currently zoned C-3 of which less than 70% is developed. Mr. Johnson further indicated that based on the average growth rate of the past ten years, the City has adequate vacant land zoned for highway commercial uses for the next 6-7 years. Mr. Johnson further in- dicated that the rural atmosphere is one of the major factors for people moving to Elk River, and questioned whether or not this was the image we want to project in the gateway to the City. Mr. Roger Bluhm questioned whether or not a conditional use permit could be granted for the Cowles property. Rick Breezee indicated that conditional use permits could only be granted for specific uses presently allowed in the Zoning Ordinance, and that the use requested for the Cowles property did not apply. Chairman Tracy indicated that he felt the City had an adequate supply of commercial land. o o o Planning Commission Minutes July 26, 1983 Page Six Commissioner Hartman and Commissioner Tralle indicated that they agreed with Mr. Johnson in that Highway 10 was the gateway to the City, and that the rural image of the City should be maintained. It was the consensus of the Planning Commission that there was no need to pursue this item, and that the area along Highway 10 on the east side of the City limits should remain I-l/Light Industrial. 9. Consider Ordinance Amendment for R-2 Zoned Areas Rick Breezee explained that at the last couple of Planning Commission meetings, there was discussion concerning the R-2 zone designation, and it was mainly centered around Dr. Jarmoluk and Mr. Piwowar zone change requests. Rick Breezee indicated that the Planning Commission requested Zack Johnson, City Planner, and the staff review this R-2 zone and revise what an appropriate density was, and what lot coverage and max- imum number of dwellings per structure would be appropriate. Mr. Zack Johnson indicated that as the ordinance stands right now, an R-2/Two Family Residential to an R-3 which is 12 units, is a drastic change. Mr. Johnson further indicated that he recommends that R-2 zones include duplexes, townhouses, and multi- family and that the building density be 8 density units per acre for all of these. Commissioner Pearce indicated that the lot sizes will control the number of units to be built. COMMISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT THEY AMEND SECTION 900.12 SUBSECTION 4 AND SECTION 900.18 AS SUGGESTED IN ORDINANCE 83-11 AND 83-12 AND THAT THE DENSITY UNITS BE CHANGED TO 8. COMMISSIONER TRALLE SECONDED THE MOTION. THE MOTION FAILED 5-1, WITH COMMISSIONERS TRALLE, WILLE, WARD, OSTER, AND CHAIRMAN Tracy, VOTING NO, AND COMMISSIONER HARTMAN ABSTAINING. Chairman Ward questioned whether 8 Density Units per acre would be too much. Rick Breezee indicated that he felt, along with Mr. Johnson that 8 density units would be all right. Commissioner Ward indicated that he felt that there should be a double division such as an R-2a. Chairman Tracy indicated that he felt the existing R-2 could be R-2a which would be duplexes and townhouses, and that anyone wanting R-2b would have to come in and request one for multi-family. It was the consensus of the Planning Commission that no action would be taken on Amendment of Ordinance 83-12, Section 900.18 until further staff review was possible. 10. Piwowar Formal Request from R-lc Zone to R-2 Zone Mr. Walter Piwowar was present at the Planning Commission to request a zone change on some property he owns on Tipton and Main Street. At the previous Planning Com- mission meeting, Mr. Piwowar had requested that this piece of property be zoned R-3, so that he could build apartment buildings. The Planning Commission denied the o o o Planning Commission Minutes July 26, 1983 Page Seven request, and it was also denied by the City Council; therefore, Mr. Piwowar was now requesting a change to R-2 which would allow him to build duplexes. Commissioner Tralle indicated that he would feel safer zoning the area R-2 instead of R-3 because of the opposition of the area residents. COMMISSIONER TRALLE MOVED TO RECOMMEND TO THE CITY COUNCIL THAT MR. PIWOWAR'S RE- QUEST FOR ZONE CHANGE ON TIPTON. AND MAIN STREET FROM AN R-IC TO R-2 BE ACCEPTED. COMMISSIONER WILLE SECONDED THE MOTION. THE MOTION PASSED 7-0. Commissioner Pearce and Commissioner Wille volunteered to attend the August 15, 1983 City Council meeting. 11. Adjournment There being no further business, COMMISSIONER WILLE MOVED TO ADJOURN THE MEETING. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 7-0. The meeting adjourned at 10:45 p.m. Re~llY SUbmitte.d, .~~~ Rick Breezee Building and Zoning Administrator RB:st:cl