04-27-1981 PC MIN
ELK RIVER PLANNING COMMISSION MEETING
HELD AT THE ELK RIVER PUBLIC LIBRARY
APRIL 27, 1981
Members Present: Commissioners Kreuser, Tracy, Busch, Pearce, and Driessen
Also Present: Zack Johnson, City Planner
1. Call Meeting to Order
The meeting was called to order by Chairman Tracy at 8:25 p.m.
2. Agenda
There were no changes or additions to the Agenda.
3. Minutes
The Minutes of the March 23, 1981 meeting were approved as circulated.
4. Swanson Variance Request
Mr. Swanson purchased the property (5.3 acres) from Ed Hunt in 1977. It was
surveyed in November, but because of surveyor error, it had to be re-surveyed
in the spring. The property was registered in October, after the June 22 effective
date of the new ordinances. Mr. Swanson stated that because of prior business
difficulties (he owns Stihl Co.), he is living in his place of business, with
the hope of selling his business for enough money to build a retirement home on
said property. There would not be enough money to cover the road assessment.
He said the reason for the delay in registering was due to health reasons and he
did not know of the June 22 effective date. The construction and location of
the road was discussed at length. Mr. Hunt said the road had been abandoned by
the county, and a previous o\vuer had gone to a former Tovffi Board and had it deleted
with the intention of the road returning to a natural state. Mrs. Swanson ex-
pressed her concern with living with the anger of the neighbors after their being
assessed for the road. Commissioner Tracy said the main problems were in setting
a precedent and the date of lot registration. The Commissioners decided to have
the City Attorney look into the legalities of this transaction occurring before
the effective date of the ordinances and lot registration date. The Public por-
tion was then opened. No one wished to speak. The Public portion was then closed.
CO}lliISSIONER PEARCE MOVED TO TABLE THIS HEARING UNTIL THE COMMISSIONERS GET AN
OPINION FROM THE CITY ATTORNEY. COMMISSIONER DRIESSEN SECONDED THE MOTION. THE
MOTION CARRIED 4-0. Zack Johnson will talk to Mr. Sellergren and Mr. Swanson will
be contacted by Robert Middaugh.
5. Oak Meadows Preliminary Plat and Final Plat
Mr. Jacobson presented his preliminary plat drawings. The property would be sub-
divided into five lots (2~ acres) for residential homes and the existing farm
house would be renovated. Mr. Jacobson wanted to redesign two lots from those
sho\vu and modify the road alignment. The Commissioners made several recommendations
to Mr. Jacobson, including the positioning of the road and suggested he take the
plat back to his surveyor for redesign before the next meeting. Several neighbors
were present and Mr. Jacobson explained to them what he intended to do with the
property and there were no objections. The Commission had some concerns about
hearing the preliminary and final plamat the same time. COMMISSIONER KREUSER
MOVED TO. TABLE THIS REQUEST UNTIL MR. JACOBSON COMES IN WITH A NEW SET OF PLANS.
COMMISSIONER DRIESSEN SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Page ~vo
April 27, 1981
6. Kreuser Zone Change
Mr. Kreuser would like to change his property zone from R2 to R3. He would
like to develop three to\vnhomes with two-car garages, and presented drawings of
their position on the property, type of building, layout, etc. Commissioner
Driessen mentioned sidewalks being required on both sides of road with the PUD
across the street. He said there is 300-350 feet for a sidewalk and that would
be no problem. This zoning would be consistent with the Land Use Map. He also
presented a letter from The East Side Concerned Citizens Group which stated no
objections to this plan. CO~illISSIONER PEARCE MOVED TO RECOMMEND TO THE CITY
COUNCIL GRANTING OF THE ZONE CHANGE FROM R2 TO R3 FOR THIS PROPERTY. COMMISSIONER
BUSCH SECONDED THE MOTION. THE MOTION CARRIED 3-0, WITH 1 ABSTENTION. Commissioner
Driessen abstained because of the close proximity of his property to Kreuser's
property.
7. Anderson Zone Change
Mr. Anderson explained the Skurdal Title Company needs to expand and the ideal
place for them is Lot 907. They do 80 percent of their business at the Court
House and would be a desirable business to keep in Elk River. He talked to
Dr. Sommer and he has no objections. The house would stay exactly the same, with
no major changes. COM}1ISSIONER DRIESSEN RECOMME1~ED TO THE CITY COUNCIL THAT
THIS PROPERTY BE REZONED FROM Rlc TO C2. COMMISSIONER KREUSER SECONDED THE MOTION.
THE MOTION CARRIED 4-0.
8. Schroeder Conditional Use Permit
Mr. Schroeder was not present and COMMISSIONER PEARCE RECOMMENDED TABLING THIS
REQUEST UNTIL MR. SCHROEDER CAN PRESENT THIS REQUEST IN PERSON. CO}illISSIONER
KREUSER SECONDED THE MOTION. THE MOTION CARRIED 4-0.
9. Johnson Aggregate Conditional Use Permit
Mr. Lindberg,Attorney for Mr. Johnson was present for this request. Zack Johnson
stated staff has no serious questions but suggested any recommendations be subject
to staff approval for the reclamation. A portion of the land is leased for a
15 year period with landfill moving in after. They would then move onto the
property across the highway which is o\vned by Mr. Johnson. COMMISSIONER DRIESSEN
RECOMMENDED TO THE CITY COUNCIL GRANTING OF THE CONDITIONAL USE PERMIT FOR A 15
YEAR PERIOD AND THE'LICENSE TO BE GRANTED AND APPLIED FOR YEARLY. COMMISSIONER
BUSCH SECONDED THE MOTION. THE MOTION CARRIED 4-0.
10. Midwest Asphalt Conditional Use Permit
Dave Lansky, Vice-President, Operations, and Ellis Jones, Plant Superintendent
were present for this request. They presented drawings on the location of the
property and a topography map showing the reclamation intended. Mr. Jones said
the topography map was incomplete in portions that abut other properties because
he could not obtain topography maps for them. COMMISSIONER PEARCE RECO}~lENDED
THE CO~~ITIONAL USE PERMIT BE GRANTED FOR 15 YEARS. COMMISSIONER DRIESSEN SECONDED
THE MOTION. After discussion, it was decided to change the recommendation to 20
years. Commissioner Driessen seconded the motion. Zack Johnson stated the staff
would like to look at the topography at the reclamation date as each phase is
completed and that the topography should be similar to existing rolling hills.
THE MOTION CARRIED 4-0.
Page Three
April 27, 1981
11. Maue Conditional Use Permit
Mr. Maue was not present. Zack Johnson said he had applied for an extention
of this permit. The Commissioners discussed the circumstances of the granting
of his original conditional use permit. The Commissioners would also like to
see the permit for the trailer house next to Mr. Maue's property pulled. Zack
Johnson will discuss this with the City Attorney. COMMISSIONER KREUSER RECOMMENDED
TO THE CITY COUNCIL DENIAL OF THE CONDITIONAL USE PER}1IT FOR MR. MADE. COMMISSIONER
BUSCH SECONDED THE MOTION. THE MOTION CARRIED 4-0.
Other Business
Commissioner Driessen commented on the 10% dedication or donation required and
if Mr. Jacobson was aware of such, and if it was inadvertently left out of a
development after plat approval,was it just forgotten about. Zack Johnson will
check with the City Attorney. He also asked about Mr. Jacobson's property falling
under the Administrative Subdivision. He also stated he would like some sort of
a checklist for preliminary and final plats.
Zack Johnson discussed the HRA and that it is their intention to work closely
with the Planning Commission. He also mentioned that monies had been applied for
for a park in the old peat bog area.
12. Adjournment
The meeting was adjourned at 10:20 p.m.
Respectfully Submitted,
~ac~ ,
Zack Johnson
City Planner
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