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10-27-1980 PC MIN ELK RIVER PL~~ING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY OCTOBER 27, 1980 Members Present: Commissioners Tracy, Busch, Kreuser, Hinkle, and Driessen Also Present: Robert Middaugh, City Administrator 1. Meeting Called to Order The meeting was called to order by Chairman Hinkle at 7:30 p.m. 2. Minutes The minutes were approved as circulated. 3. Agenda Item #11 was added - Election of a Co-Chairman. 4. Verndale Properties, Zone Changes, Setback and Lot Size Variances Mr. Ron West and Mr. W. Berg were present for this request. Mr. Middaugh explained to the Commission the location of the property. Mr. West stated they intend to use the building on the .3 acres on the Elk River side as a gas station and develop the 2.9 acres on the Ramsey side at a later date. The Ramsey portion is zoned B-1, Commercial and Industrial. He also wanted the Commission to be aware that the property could be subdivided into one acre lots, with the .3 acre being part of one lot. It was not his intention to do so. Chairman Hinkle saw no problems with this, but had a question that if it were zoned C-3, and it did not remain a filling station, it could leave an opening for something else. Mr. West said it was their intention to operate this as a gas station for many years. Commissioner Driessen asked if it would be a 24 hour operation. Mr. West stated it would operate from 6 a.m. to 10 p.m. COMMISSIONER DRIESSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE AMENDING OF THE LAND USE MAP AND THE AMENDING OF THE ZONING MAP TO EFFECT ZONE C-3, AND WITH THAT, VARIANCES FOR THE REAR YARD A1~ SIDE YARD. COMMISSIONER KREUSER SECONDED THE MOTION. MOTION CARRIED 4-0. 5. Patsy Willis, Conditional Use Permit Mrs. Willis was present for this request. Her property is located at 12110 Ridgewood Drive. She would be operating a beauty salon, one operator on a part-time basis and has the required state license. She said their house is located in the middle of the block, and there is a turn-around in their yard which they put in. Commissioner Driessen asked if she had talked to her neighbors. She said she had gotten verbal approval from her closest neighbors, but did not have a signed petition. COM}IISSIONERKREUSER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL TO GRANT A CONDITIONAL USE PERMIT FOR TWO (2) YEARS TO PATSY WILLIS TO OPERATE A BEAUTY SALON IN HER HOME. COMMISSIONER BUSCH SECONDED THE MOTION. MOTION CARRIED 4-0. Commissioner Busch felt the fee of $100 for a renewal was a bit steep and could present a hardship for smaller businesses. There was discussion on what would be reasonable. Commission Tracy felt this could be determined by talking to Mr. Adolphson. Mr. Middaugh said he would bring it up to the City Council for discussion also. Page T\vo October 27, 1980 6. Assembly of God Church, Conditional Use Permit Mr. Dexter Mapson was present for this request. Mr. Middaugh explained to the Commission the oversight in the Permitted Uses in the newly adopted Zoning Ordinance. Mr. Mapson said the church would use the trailer for Sunday School classes and would be located 5' from the present building. Commissioner Kreuser expressed concern about the 5' distance in the event of a fire. Mr. Mapson said the only reason for the 5' distance was to facilitate the children going to the trailer in inclement weather and would place it whatever distance was required. CommissionerDriessen felt the skirting of the trailer should include the tongue to make it more attractive. There was discussion on the need for a new Conditional Use Permit to move the trailer during construction. CO~lliISSIONERTRACY MOVED TO RECOMMEND TO THE CITY COUNCIL THE CHANGING OF THE ZONE FROM I-I TO R-4. There was discussion on changing the zone of the R-IC homes to R-4. Mr. Middaugh explained about the need for a buffer zone. COMMISSIONER DRIESSEN SECONDED THE MOTION. MOTION CARRIED 4-0. COMMISSIONER DRIESSE~N J:.fOVED TO REC01:1MEND TO THE CITY COUNCIL AME~NDING OF THE PERMITTED USES TO INCLUDE IN R-4, CHURCHES AND SCHOOLS. COMMISSIONER TRACY SECONDED THE MOTION. MOTION CARRIED 4-0. COMMISSIONER DRIESSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT FOR ONE YEAR FOR A HOUSE TRAILER TO BE LOCATED ON CHURCH PROPERTY NOT LESS THAN FIFTEEN (15) FEET FROM PRESENT BUILDING; WITH THE UNDER- STANDING THAT THE TRAILER BE MOVED TO FACILITATE CONSTRUCTION AT A LATER DATE, SUBJECT TO THE APPROVAL OF THE BUILDING INSPECTOR. COMMISSIONER KREUSER SECONDED THE MOTION. MOTION CARRIED 4-0. 7. Barton Contracting Company, Conditional Use Permit Mr. Jerry Duffy, attorney for Barton was present for this request. Mr. Middaugh stated they have submitted a request for 50 years. Mr. Duffy stated they felt justified in asking for 50 years because of borings taken on the site, the expected rate of extraction, and the demand for the product. He said his client intends to put up a permanent brick-type building (rather than a shack), asphalt the driveway and keep the screening and fencing that exist. His client also would, at the end of the 50 year period, do with the land whatever the City had it zoned as at that time. He said this client needed a commitment of this type because of previous stated reasons, amount of money he is going to invest, and it has been his past experiences that this is more favorable for both parties involved. Mr. Duffy cited several examples in Edina, St. Paul, and Minneapolis where there are problems because of politics. Chairman Hinkle stated he did not feel comfortable with the 50 year time. Commissioner Driessen said he did not like the wording on the request. Mr. Middaugh explained they would have to meet the requirements each year of the City's mineral extraction ordinance. There was discussion on the water runoff. Mr. Duffy said the operation would recycle its own runoff water. COMMISSIONER BUSCH MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF A CONDITIONAL USE PERMIT FOR THE BARTON CONTRACTING COMPA1~ FOR A PERIOD OF 25 YEARS AND THAT THE PERMIT BE SUBJECT TO THE CONDITIONS CONTAINED IN THE MINERAL EXTRACTION ORDINANCE. COMMISSIONERTRACY SECONDED THE MOTION. MOTION CARRIED 4-0. Page Three October 27, 1980 8. Gary Santwire, Final Plat Approval Mr. Santwire was present for this approval and presented the final plat. There were some minor changes explained by Mr. Middaugh and Mr. Santwire. Commissioner Driessen was concerned about the width of 20' for a road on Lot 20. He felt it was not wide enough for two-way traffic. The Commission asked about what agreement was made with Mr. Hanson. Mr. Santwire said he has suggested some kind of plants or shrubs and that is where it stands now. Commissioner Driessen sai"d hoe would have liked to have seen a drawing of the type of architecture going into the P.U.D. Mr. Middaugh indicated that archi- tect review was not required on the city's ordinances. Commissioner Kreuser felt that, if in the process of construction, a building should have to be turned or moved, that he should be able to do so without having to come in for a variance. Commissioner Driessen asked about the street names. Mr. Middaugh indicated names for streets were consistent with the adopted street grid system. COMMISSIONER DRIESSEN MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE FINAL PLAT FOR BARRINGTON PLACE. COMMISSIONER TRACY SECONDED THE MOTION. MOTION CARRIED 4-0. 10. Jane Noon, Conditional Use Permit Mr. Middaugh reviewed briefly the Noon's Condition Use Permit request. Mr. Middaugh indicated that the permit is needed for the Pinewood 2nd Addition area to allow the Noons to apply for a building permit to start construction of the country club building this fall or early spring. A country club requires a Conditional Use Permit in R-IB zones, and it was Mr. Middaugh's recommendation to approve the permit. COMMISSIONER KREUSER MOVED TO RECOMtffiND TO THE CITY COUNCIL THE GRANTING OF THE CONDITIONAL USE PERMIT. COMMISSIONER BUSCH SECONDED THE MOTION. MOTION CARRIED 4-0. 9. Square Footage Requirement Mr. Middaugh discussed the need for a square footage requirement for one, two, and three bedroom homes and multiple dwellings. Mr. Middaugh indicated that Zack Johnson was to have had some figures for the Commission, but had not received them from HUD. COMMISSIONER DRIESSEN MOVED TO TABLE THE DISCUSSION UNTIL THE NEXT MEETING. COMMISSIONER TRACY SECONDED THE MOTION. MOTION CARRIED 4-0. Mr. Middaugh alsQ discussed the types of permitted uses to be excluded in the 6-7 commercial lots in Barrington Place. The following is the list recommended for exclusion in the subdivision: Zone C-l a. g. h. C-2 C-3 a. e. g. Exclusion (refer to Zoning Ordinance) Multiple Family Parking Lots and Ramps Taverns or Bars (Hotels and Restaurants to be permitted) No Exclusions Motor Vehicle Service Stations to Eliminate Truck Stops Drive-in Theatre Outdoor Amusement and Recreation Centers Chairman Hinkle felt C-3 should also be not permitted. Commissioner Driessen felt a. and c. should be eliminated. Mr. Middaugh explained a. would include filling stations. The Commission felt a gas station should not be excluded. It was the concensus of the Commission to approve of the above list with the added exclusion in C-3 of item c., auto repair shops. Page Four October 27, 1980 11. Election of Vice-Chairman Commissioner Busch nominated Commissioner Tracy. Commissioner Kreuser closed the nominations. Commissioner Kreuser seconded the nomination. Nominations carried 4-0. 12. Adjournment The meeting was adjourned at 9:45 p.m. Respectfully Submitted, ~r ~Uz?~~ /,,! j. .,~ .~ .~ __ / .. '/ . -:s;,' ~17.~ "C ~ .~~v.'-V:.:~"e;1.J-'~~ Robert C. Middaugr! <T City Administrator DD:po