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.
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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,
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Rick Breezee .--
Building and Zoning Administrator
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