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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 DD:po