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05-26-1981 PC MIN ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY TUESDAY, MAY 26, 1981 Members Present: Commissioners Driessen, TracY3 Pearce~ and Busch Also Present: Robert C. Middaugh, City Administrator and Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order Chairman Tracy called the meeting to order at 7:28 p.m. 2. Agenda Item lO~, Larry Morrell, Discussion on Concept for Mini Storage Building Zone Change, was added to the May 26, 1981 Agenda. 3. Minutes The Minutes of the April 27, 1981 and May 7, 1981 meetings were approved as circulated. 4. Swanson Variance Request This issue was tabled at the last meeting so that the Commissioners could obtain more information on this request. Robert Middaugh talked to the City Atorney and Mr. Swanson's Attorney. The main question to deal with is the setting of precedence for other land o\vuers to come in for a variance without building proper roads. The variance could only be granted if Mr. Swanson can document and prove to the Planning Commission and City Council that there is no other economical use for the land. The Commissioners dis- cussed this at length with concerns aired on medical emergencies and their access to the houses in that area~ maintenance with regard to snow removal, and precedence setting for houses being built with no road access. COMMISSIONER PEARCE MOVED THAT THE PLANNING COMMISSION RECO}~fEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE A1~ A BUILDING PERMIT NOT BE ISSUED. COMMISSIONER DRIESSEN SECONDED THE MOTION. Mrs. Swanson questioned the findings in Mr. Middaugh's memorandum and asked who would document the uses of the land. Mr. Middaugh suggested an appraiser. THE MOTION PASSED 3-0, with one abstention (Commissioner Busch abstained and Chairman Tracy voted for denial). 5. Standard Lumber Zone Change Request Standard Lumber would like to build a temporary structure behind their ex- isting structure. This building would be used for two offices and a storage room and would be moved in 4-5 years for use as a lake cabin. Robert Middaugh and Zack Johnson have discussed this and because Standard Lumber is a non- conforming use in this zone, recommended denial of the zone change. They felt a zone change would leave the area open for another like business when Standard Lumber relocates. COMMISSIONER DRIESSEN MOVED NOT TO MAKE ANY RE- COMMENDATION TO THE CITY COUNCIL. There was no second, so the motion died. COMMISSIONER PEARCE MOVED THAT THE PLANNING COMMISSION RECOMMEND TO THE CITY COUNCIL DENIAL OF THE REQUEST FOR REZONING OF THE PROPERTY TO 1-2. COMMISSIONER BUSCH SECONDED THE MOTION. MOTION CARRIED 3-0. Page Two May 26, 1981 6. Bergstrom Home Occupation Request Ann Bergstrom was present for this request to operate a beauty salon in her home. There was discussion on the dOwntO\VTI beauty operators' request for more strict regulation of home operations. Mr. Middaugh stated the beauty operators were to have dra\Vll up some guidelines for the Commissioners, but had not heard from them. Extention of the operating hours for home operations were also discussed. COMMISSIONER BUSCH MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT FOR A BEAUTY SHOP IN ANN BERGSTROM'S HOME.COMMISSIONER DRIESSEN SECONDED THE MOTION. MOTION CARRIED 3-0. 7. Eggert Home Occupation Request Mr. Eggert was present for this request. He plans to make kitchen cabinets, gun racks, water bed frames, etc., in his attached garage. His garage is 24' x 22' and he plans to have his equipment along the walls of the garage to permit parking space for his two cars. He said he would be delivering most of his work with very few customers coming to his home. Commissioner Driessen explained the limits on a Conditional Use Permit and commented that this operation generates a lot of noise. COMMISSIONER DRIESSEN MOVED TO RE- COMMEND TO THE CITY COUNCIL ISSUANCE OF A CONDITIONAL USE PERMIT FOR A HO}m OCCUPATION"OF A CABINET SHOP TO BE REGULATED IN A TI~O YEAR TIME LIMIT. COM- MISSIONER PEARCE SECONDED THE MOTION. MOTION CARRIED 3-0. 8. Zoning Ordinance Language Change Gene Kreuser presented his preliminary plat and Robert Middaugh explained that the ordinance makes no provision for 0' side yard setback, public access and subdivision of a building put on R-2, R-3, and R-4 lots. He said there will be two language changes Zack Johnson will recommend to the City Council. COMMISSI01~R PEARCE MOVED THAT THE PLA1~ING CO~lliISSION RECOMMEND TO THE CITY COUNCIL THAT THE LANGUAGE OF THE ORDINANCE BE Rm~ITTEN SO THAT TO\{NHOUSES CAN BE BROUGHT INTO COMPLIANCE WITH THE ORDINANCES FOR SETBACK AND PUBLIC ACCESS FOR R-2, R-3, AND R-4 ZONES. COMMISSIONER BUSCH SECONDED THE MOTION. MOTION CARRIED 3-0. 9. Kreuser Preliminary Plat Staff recommended approval of this preliminary plat and everything seemed to be in order. COMMISSIONER BUSCH MOVED TO RECO}illEND TO THE CITY COUNCIL APPROVAL OF THE PRELIMINARY PLAT. COMMISISONER PEARCE SECONDED THE MOTION. MOTION CARRIED 3-0. The City Administrator stated that this was not advertised for a public hear- ing and suggested the Commissioners set up a special meeting for this. The Commissioners decided to meet on June 8, 1981 at 7:30 p.m. 10. Schroeder Conditional Use Permit Request This request was discussed at length. Rick Breezee researched the square footage requirements. He said the requirements vary depending on what the business is classified as. If classified as a classroom, then he could have as many as 34 students per 672 sq. ft., but if classified as a vocational Page Three May 26, 1981 school, he would be allowed only 13.4 students per 672 sq. ft. He also indicated that if the area used for such purpose would also have to comply to the handicap requirements for such occupation. The operating hours and traffic generated were discussed. Commissioner Pearce felt a neighborhood business should be regulated by approval of surrounding neighbors. This was discussed at length with concern for unfair competition for do\Vnto\vu businesses because of home occupation low overhead, etc. COMMISSIONER PEARCE MOVED THAT-THE PLANNING COMMISSION RECOMMEND TO THE CITY COUNCIL THAT THE ORDINANCES ON CONDITIONAL USE PERMITS BE MODIFIED TO PERMIT HOME BUSINESSES IN A RESIDENTIAL AREA, IF ONE HUNDRED PERCENT (100%) OF THE IMMEDIATE ADJOIN- ING NEIGHBORS APPROVED AND THAT THIS CONDITIONAL USE PERMIT BE GRANTED FOR A LIMITED PERIOD OF TIME. CO~IISSIONER BUSCH SECONDED THE MOTION. MOTION SPLIT (COMMISSIONERS PEARCE, BUSCH FOR; COMMISSIONERS TRACY, DRIESSEN OPPOSED). The motion did not pass and there \Vas no further recommendation to the City Council. lO~. Larry Morrell, Discussion on Concept for Mini Storage Building Mr. Morrell intends to put up a IDlnl storage building behind his business. The building would be 180' x 30' of steel construction with spaces 10' x 30', 10' x 20', and 10' x 10'. He intends to fence the area off in the future and if specific hours of operation were required, he would do so. Present R-4 zoning does not include mini storage buildings. Mr. Morrell would like to either have his property rezoned to allow such a use or add to the present zoning the operation he would like to have. The City Administrator stated two points to consider; issuance of a Conditional Use Permit or adding mini storage to the Zoning Ordinance which would then be included in al R-4 zones. Mr. Morrell wanted to sound the Commissioners out on this issue before making a formal request. The feeling of the Commission is that they would be in favor of such an operation in an R-4 zone. 11. Administrator's Update A. Old 101 Bridge Replacement The City Administrator brought the Commissioners up-to-date on the 101 Bridge Replacement. There will be a presentation by the engineers at the City Council meeting on June 22. The Commissioners decided to reschedule their next regular meeting from June 22 to June 15 at 7:30 p.m., so they can attend this presentation. B. Maue Conditional Use Permit The City Administrator bro.ught the Commissioners up-to-date on Mr. Maue's Conditional Use Permit which was granted for six months at the last City Council meeting for half of the amount usually required. 12. Adjournment The meeting was adjourned at 10:20 p.m. Respectfully Submitted, ~ /~ ~. -tf;;,. -,t- l'V;' , .~ ......'............ ....../'\ .... ......'.....~ .- '~." I. ..' . ...7 .'j .; ....., . ...... i": I J t-C t. X3/U:-t:~~ Rick Breezee .-- Building and Zoning Administrator nn.T"\r'\