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08-27-1979 PC MIN ELK RI\TER PlJt.:NNING COl~niIISSION lriEETI1'lG HELD I~r THE ELK RIVER PUBLIC LIEPt.ARY August 27, 1979 Members Present: Commissioners Fox, Holmes, Hinkle, Rootes, Zabee, Driessen. Also Present: Herbert S. Adolphson, Community Development Director 1. Meeting ~~s called to order at 7:36 P.M. by Commissioner Fox. 2 0 lrfinutes CO!Jll~ISSIO:NER ROOTES MO\lED APPROVAL OF THE AUGTJST 13, 1979 ,MIlroTES. C01!iItISSIONER. HOL1r1ES SECOl\TDED THE ~MOTION. IvIOTIOlf PASSED 5-0. In the minutes of the July 25, 1979, Don Olmsted's final plat approval should have been preliminary plat approval. COI-jl;iISSIO:NER HIlTKLE PlOVE APPROVAL OF THE JULY 25, 1979 1vlIlmTES AS CORREClll.!i;D. CO~ll\1ISSI011ER HOLl,iES SECONDED THE MOTION. 1,1OTIO~~ PASSED 5-0. 3 . Agenda The agenda was approved by all members present. 4. Barthel Home's Variance Mel Beaudry applied for a variance of side yard and lot size. Mr. Beau~ appeared before the commissioners and distributed copies of his survey. He explained that by having two residences on one lot, the cost of homes can be kept do~~. This is basically like a condominum but only two residences. Mr. Beaudry also had a letter of approval signed by various neighbors to the property. Commissioner Rootes questioned if this could affect the side line requests in building homes in the future. It ,\\Tas stated" that ZackJohnson, the city's planner, could see no problems. Commissioner Holmes stated he favored 0' lot lines and he saw no objections. Commissioner Zabee asked how far off the lot size was? Herb Adolphson stated that each lot was approxima.tely i acre. CO?,i1ilISSIONER ZA13EE l/IOVED APPROVAL OF THE SIDE YAPJ> Afro LOT SIZE VARIA1.rCE. COI\lMISSIO~1illt HOLr,1ES SECO}IDED THE r,iOTION. r~OTION PASSED 5-0. 5. Carson Homes Conditional Use Permit Mr. Carson appeared before the Planning Commission to apply for a conditional use permit for a modular office. He received a modul~~ building in trade and would like to set up an office in it for 6 months with the possibility of building a professional office building in the future. He had no intention of taking the current house and garage down at this time. He passed a dramng showing what the lot would look like and pictures of the modular office. Various neighbors appeared voicing opposition to this permit. Dean Bailey stated there lIere a.lready 8-10 businesses in this area and would like to see no more. Ri ta Carey stated she was told this area vlas zoned non-commercial when she purchased her property and was concerned regarding increased traffic and parking spaces. Mel Beaudry questioned if re-zoning would not be more appropriate than a conditional use permit? James Aust questioned if mobile homes were allowed. Commissioner Fox explained there is a difference between modular homes and mobile homes 0 Rita Carey asked if this property could be resold to ~~other business in the future. James Aust restated that he felt the area should remain R-1. The public hearing was closed at this point. Commissioner Zabee asked how long the conditional use permit was being asked oo:nt 0 for and if it was to be used only for real estate. Mr. Carson stated 2 years and yes, it would only be used for real estate. Commissioner Fox and Co~~issioner Zabee stated they felt this lot falls quite a few blocks outside the propgsed do"~to~m cow~ercial development area. Commissioners Ri~~let Zabee, Rootes, and Fox stated they agreed that this area should remain residential only. Commissioner Zabee clarified that he felt that it being a modular home is not the problem, but the land use is his concern. Mro Carson does not ~mnt to set up his business in this area if he won't be able to enlarge after 2 years but he would like a determination made by the commission. CO~n~ISSIO}rnm ZAEEE M:OVED DENI.A..L OF THE CO!IDITIO:NAL USE PEPJ~iIT APPLICP.TION EY C~.B-SON HOr~S. COr~11flISSIO:NER ROOTES SECONDED THE 1110TIOIJ 0 MOTION PASSED 5-0. 6. William Co~~ett's Variance William Conett appeared before the commissioners requesting a variance for the use of a roadv;ra..y easement. Ii!r. Connett explained that he vlished 1;0 buy additional land east of his present property but must have access to a public road or an easement according to the interium ordinance. A few neighbors were present asking the exact location what was being proposed. It was explained thatthis was a private road east of Pearson which is 218th. Don Pearson was present and he explained that he built the road with the intention that any land O\\TIler v-1ould have an easement and help share the maintenance. 1,1r. Pearson and l~r. Draper both part Olmers of the property stated their approval of the variance. Commissioner Hinkle and Commissioner Fox were concerned if a precedence would be set because this was against the interium ordinance. Commissioner Holmes asked if there were any alternations and stated he was concerned about future development. Commissioner Fox stated that the road could be upgraded and a cul-de-sac made. COIvII~lISSIO:NER Hll\iKLE I~01TED DEr.TIAL OF THE R4.SEIliENT. CO!'.1!~ISSIOlffifr1. BOLflIES SECON'DED TEE I\10TI01T. I~10TION PASSED 4-1, DO}j DRIESSE!~ OPPOSED. 7. Cindy Senger's Conditional Use Permit Cindy Senger appeared before the Commission requesting a conditional use permit to sell swimming pool supplies out of their garage. She stated there would be no signs, it would only be seasonal work, she would pick up her Ovffi supplies, and this involved only approximately 15-20 customers once a yearo Tom Petterson appeared and stated he was against this permit because the area was not fully developed and he was concerned about increased traffic. stan Zarenbski also appeared and stated his opposition because this would be opening the way for other businesses. Irv Moldenhauer stated he had no objections because this would bring no more business than a garage sale. Elaine Anderson stated that the chemicals involved are no more dangerous than typical household cleaning chemicals. Commissioner Zabee asked if there was a market for these supplies and Commissioner Rootes asked if this was a srrall operation. Mrs. Senger stated there ,~s a'market in this area and the supplies are generally: only needed for approximately 5 months over the summer. Commissioner Fox mentioned that Kirby Pool Supplies has a nice set-up in Anoka and had no problems. Commissioner Zabee suggested issueing the permit for 2 years and then look to see if any problems have developed. Commissioner Fox suggested 2 years would be more practical. COl\l1\IISSIO:N"ER DRIESSE:N l:iOVED APPROVAL OF TEE CO:NDITIOJ:\IAL USE PER!tlIT FOR T\.JO YEARS EFFECTIVE Ill'llvlEDIATELY "lITH THE RESTRICTION" OF SIGrJS. COI~1fIIISSI01~ HOLrriES SE"C01IDED THE IiIOTION. MOTION PASSED 5-0. August 27, 1979 Page 2 8. Grace Job's Conditional Use Permit Grace Job appeared before the Corr~ission to request a conditional use permit to operate a beauty shop in the basement of her home. She explained that it would be a one operator business, 2-3 ~s a week and she had 2 entrances separate for the business ~ri th plently of parking space. COfillilISSIO:NER ROOTES riIOv"'ED APPROVAL OF TEE CO:NDITI01,TAL USE PEPJ~lIT. COIYIT~lISSI01JER. DRIESSEI'J SECO}IDED THE I~OTION. r/IOTIOl~ PASSED 5-0. 9. Diane C~~istian's Conditional Use Permit Diane Christian appeared before the Commission to request a condition use permit to operate a beauty shop in her home. C01rlltiISSIO:NER HOLI'ilES Jfl0\lED APPROVAL OF THE COIIDITI01-rAL USE PEPJ1IT. COlllr.:1ISSI01-1ER ZABEE SECO:NDED TJ,:E I~OTIOl'J . l'lOTIO~r PASSED 5-0. 10. Evergreen Terrace Preliminar:y Plat Ben Roper appeared before the Planning Commission for a preliminary plat approval of Evergreen Terrace. Various neighbors also appeared vn. th questions. Bob Thompson vre.:nted to knolt; how m.any houses there ~lould be and the size of the lots. Commissioner Fox ans"t~ered there were 10 lots; three less than an acre, 7 more than an acre. John Urba..."lske asked what type of homes lt10uld be built and stated'lle did not wish to see more fftrash" homes being built in this area... Commissioner Fox replied it was not up to the Planning Commission to determine llhat t;Y'Pe and price of homes v-lere to be built. J oAnn Schmitz wanted to knovl what the ordinance 1'-;as inregard to lot size a~d if a variance \~ needed. Commissioner Fox explained that a lot size variance had alrea~ been approved. Ken Case was concerned about additional traffic on Island Vie\-l Drive, and ,vas, therefore, opposed to the development. f}lr. flIichels stated he did not vJallt small craekerbox homes built. Commissioner Zabee spoke up and stated vIe should start lookillg for smaller homes because of the energy crisis, not all young couples can afford to live in $1-00,000 homes and small homes can also look nice and be attracti va. 1..1r. Case l-laS also concerned about se..ler and t-.'ater. Commissioner Fox stated this would be a logical area because of density but did not knovl ,,"lhen or 't-lhere. COI.iMISSIONER ROOTES fiIOVED APPROVAL OF THE PRELTIqlNARY PLAT FOR EVERGREEN TEfL.1:L4.CE. COMi~IISSIONER HINKLE SECO:NT>ED TEE !~10TI01~. 111OTIOli PASSED 5-0. 11. Jerry lriinor's Preliminary Plat Jerry Minor appeared before the Commission to re~uest approval on a revised preliminary plat for Sunrise Park. He had received some input from neighbors and would like to change from 9 lots to 6 lots 0 COl~n'lISSIOltER HIlmE I~10VED APPROVAL OF THE REVIS IO}T . COxlTI'tISSI01,JER HOLlriES SECOJ.IDED THE 1'IIOTION. DiOTIOl~ PAS8~lJ 5-0. 12. Davis Woods. Jim Kleim, from John O~iverts Office, appeared on behalf of Charles C~~istian's Davis Woods. Commissioner Ri~kle was concerned whether the roads connecting to the adjacent undeveloped land 'trlould be in plat fields t S\"llampS, etc. Jim stated the roads are on higll gro-u....'t1d ~~d -vlould connect on high groung 0 They anticipated approximately 16 lots on 40 acres. Commdssianer Rootes expressed his concern cont . over septic systems. Co~~ssioner Fox felt Lot 1 could be eliminated and the line between Lots 2 and 3 could be straightened so all lots could be kept close to 2~' acres. No action will be ta~en until Queen street (Pascal) has been straightened out. 13. 3elgin Acres Jim Kleim appeared for Charles Christian regarding Belgin ltcres. Commissioner HirJcle felt the plat vias too densel~r populated, 't~las susceptible to vlind and 'tl.later erosion, roads should be on the contour a...'rld considered the pla.t, as is, a poor use of the l~~d. Corr~issioner Fox agreed that the roads could be contoured and the lot sizes should be c~~ed. 14. Greenhead Acres 3rd Addition Lloyd Anderson appeared before the commission regarding Greea~ead Acres 3rd Addition. He explained the area a~d border information ~~d a little histo~ of the ponds. The lots average 2.8 acres with. the exception of property not o~med by .Gree~~ead Acres, and not available. Commissioner Fox felt the 14 acres not ovmed mu.st also be loolced at for future roads. He also felt that lots 7 ar.Ld 8 may have to be rearranged 1fn. th a...11 outlot rrade and turned over to the Ci ty. Commissioner Fox "t~!as also concerned about so many lots, only approximately 1 acre. Commissioner Hin.lcle questioned if the Xenia Circle cul-de-sac could be eliwinated. Lloyd Anderson stated he felt this ~ms prime land and lots could be smaller. The lots are all on solid ground and have perfect drainage. He \\ras concerned about being forced into a higher price structU-"T'6 because of larger lots and stated he felt the la.tld v,;a,s adaptable for 1 acre lots. COI;u(ISSIOJ.f.ER DRIESSEIJ :MOvw APPROVP.L OF TEE PP~IItllltA.RY PLAir ~jITH THE; ADDITIOlf OF A ROAD PLUG e l\JO OI\]E SECOrIDED T.dE tl0TIOI'I. COlvilVIISSIO:NER Z.AJ3:EE stated he would like to have more information on soil studies, pere tests, etc. and 1\10VED TO TABLE ~B.E APPROVAL tJr:rTIL ThIS IJJFOPJ~'IA.TION COULD BE O:BTAI}jED. COM1,lISSIONER HOL1/rES SECOIIDED THE I;10TIOr~. IiiOTIOr~ PASSED 5-0. 15. G.S. McCrossants Conditional Use Permit C.Se NcCrossan appeared before the Plaill~ing Co~mission to request a conditional use permit for mineral extraction. Various neighbors appeared to voice their opinions. George Deschenes stated he was not against utilizing the l~~d but was concerned about the land not being -rehabilitated as much as possible to past terrane. Commissioner Fox informed the neighbors that the City p~s recently adopted an ordinance requiring a bond and rehabilitations of the land. Donna Hansen ~JaS concerned if anything other than gravel l'JaS involved and stated Sl16 was opposed. 'Bert Pattee stated he was ver:l nru.ch opposed because there 'tiere already four gravel pits in use, the road v-Jas curvey and not good for heavy equipment. Cow.missioner Fox stated that this hearing lvas onl~r a formal tiy because the City Council had already approved the permit. He also informed eve~Jone that there k1ere restrictions on the '.lorking hours. Juli'U.S lIemeth stated he felt the best use of ~he land in this area is gravel pits. Co~~issioner Holmes stated he felt 1~Je have a good source of gravel and it should be put to use 0 He felt that rules and regu.latio:n.s should be looked into and proper use ~"'1d care sl1.ould 'be looked at. Herb P...dolphson informed everyone that the ne,.r ordinance required $10,000.00 . SUrety Bond, to ensure oompliance ,nth the ordinance 0 COrifi/ITSSIO:rJER. ROOTES .IvlOVED P~OI\jjVIEa\mltTIO}r OF DEI'IT.AL OF TEE COIIDITIOlitU. USE PERI\lIT. COIlilflISSIOliER ZABEE SECOl'ID:ED THE I',IOTIo:rJ GIll THE BASIS OF ACTIO}! GIVEN BY T:~ CITY COU1TCIL. l:iOTIOl~ PASSED 4-1. COf;;[11ISSIOJiER HOLI,lES OPPOSED. AUo~t 27 t 1979 Page 3 16. Robbit Hill's Final Plat John Coleman appeared before the ConT~ssion to request final plat approval on Hebbi t Hills. COI11M~ISSIO:N~ Hlln~E !.iOVED P.PPROVAL OF THE FlllltL PLAT. COl@;lISSIOlm! DRIESSEN SECONDED THE 110TIO~r. I~OTIO:r.r PASSED 5-0. Il~eeting Adjourned COlill;1ISSI01reR ReLlfIES I?IOVED ADJOD1ll~iJEI\lT OF THE !.lEillrllfG. COlfITtIISSIOlJER ZJU3EE SEC01'DED THE lwiOTION. liIOTION PASSED 5-0. Respectfully SUbmitted, Herbert s. Adolphson Community Development Director AB:cla