09-28-1981 PC MIN
ELK RIVER PLANNING COMMISSION MEETING
HELD AT THE ELK RIVER PUBLIC LIBRARY
Monday, September 28, 1981
Members Present: Commissioners Tracy, Busch, Driessen, and Pearce
Staff Present: Rick Breezee, Building and Zoning Administrator
1 '.:,' Meeting;' Called to Order
The meeting was called to order by Commissioner Tracy at 7:33 p.m.
2. Agenda
The following changes were made to the Agenda. Item #1 was postponed to
the next meeting to allow Mr. Morvig to consult with the other property
oivners. Item #3~ was added, interpretation regarding rezoning Eagles Club
to C-l.
3. Minutes
The minutes of the August 24, 1981 meeting were approved as published.
3k
2.
Eagles Club Recommendation on Rezoning'from 1-2 to C-l.
The Commissioners decided they needed a chance to look at the piece of prop-
erty before making a recommendation.
4. P~rvin Morvig, Zone Change
Postponed to the next regular meeting of the Planning Commission.
5. Thvight Kirkeide, Zone Change from C-3 to'A-l.
This item was postponed to later in the meeting to allow time for Mr. Kirkeide
to arrive.
6. John Judge, Conditional Use Permit
This item was reviewed by the City Council which felt it belongs under the
conditional use criteria.
Mr. Breezee stated the reasons for this are: (1) it's a home occupation; (2)
under a conditional use permit, the City would be able to regulate the number
of vehicles Mr. Judge operates.
The 8:00 p.m. closing time limit was questioned, with Mr. Judge stating that
he could not adhere to the limit.
Mr. Breezee said he had discussed this with the:.City Administrator and it was
their interpretation that the hours of operation were for in-the-home occupations
and that if Mr. Judge was to pick up customers later than 8:00 p.m., he would
be away from his home.
September 28, 1981
Page T\\TO
The Commissioners asked if he would be able to adhere to Item E of the
memorandum dated August 24, 1981, regarding two-customer service.
Mr. Judge stated he would possibly have more than two customers in his
cab at one time.
Mr. Breezee said that Item E applied to more than t\vO customers "in the home"
and }!L Judge would not be picking up customers at his home.
Mr. Judge was then asked if his taxi would be parked in the garage when not
in use.
Mr. Judge said yes; at present it has magnetic signs and these signs are
taken off when the car is used for his O\Vll personal use. He does intend to
put permanent signs on the car once he gets his permit.
The questions of who monitors these home occupations was discussed with re-
gard to: (1) do neighbors know they have a recourse if a home occupation is
objectionable; (2) if some sort of accident occurs, could the public come back
to the City because the regulations were not enforced. The Commissioners felt
some sort of re-wording of the rules and enforcement should be worked out.
Mr. Breezee indicated that he would contact Mr. Zack Johnson, City Planner,
and also consult with City staff.
COMMISSIONER PEARCE MOVED THAT THE PLANNING COMMISSION RECOMMEND THAT THE CITY
COUNCIL ALLOW THE ISSUANCE OF A'CONDITIONAL USE PERMIT FOR MR. JUDGE FOR HIS
ONE (1) TAXI CAB SERVICE. COMMISSIONER DRIESSEN SECONDED THE MOTION. THE
MOTION PASSED 3-0.
5. Thvight Kirkeide, Zone Change
Mr. D\07ight Kirkeide '\vas not present for this request, but because adj aining
neighbors, Mr and Mrs. Benson and Mr. Mattson, were present, it was decided
to discuss the matter rather than delay any further. Mr. Kirkeide has re-
quested a zone change for his property located south of Highway 10 at approx-
imately l73rd Avenue North. This property is 12.7 acres~ He would like it
zoned from G-3 to A-I to faci11itate building a house. He also intends to
farm a portion of the land in the flood plain, but will leave the rest natural.
Mr. Benson stated that he would like to see the zone stay the same, as his
property has been re-zoned several different times and is concerned that if
Mr. Kirkeide' s property is zoned A-I, then his property could be "do\m zoned"
in the future.
Mr. Mattson stated he would like to stay its present zone. He agreed with the
reasons that were stated by Mr. Benson~
A discussion followed regarding how long and if Mr. Kirkeide o\vued the land.
Mr. 1-'Iattson indicated that there has been a "For Sale tl sign on the property
for some time~
Mr. Breezee indicated that Mr. Kirkeide stated that he o\vned the land when he
applied for the permit in May.
September 28, 1981
Page Three
Mr. Benson asked about the highway access. He was concerned that he would
have to share his access with another party. He presently shares his access
with Kari Clinic.
Mr. Breezee stated that the City has no jurisdiction over this; it is handled
by the Minnesota Department of Transportation.
COMMISSIONER DRIESSEN MOVED TO RECOMMEND DENIAL OF THIS ZONE CHANGE. COMMIS-
SIONER TRACY SECONDED THE MOTION. THE VOTE WAS TIED 2 FOR, 2 OPPOSED.
The Commission raised the question if it could be used for commercial.
Mr. Breezee said the property could be used for offices or a restaurant and
use the flood plain portion for a parking lot or for non-buildable accessories.
Some of the Commissioners felt a residential home would be more campatible with
the ~Scenic Rivers Act.
COMMISSIONER PEARCE MOVED THAT THE PLANNING COMMISSION RECOMMEND TO THE CITY
COUNCIL THIS LAND BE REZONED FROM C-3 TO A-I. COMMISSIONER BUSCH SECONDED
THE MOTION. THE MOTION PASSED 2-1 WITH COMMISSIONERS PEARCE AND BUSCH FOR,
C01:1MISSIONER DRIESSEN AGAINST, AND COMMISSIONER TRACY ABSTAINING.
3~. Eagles Club Recommendation on Rezoning to C-l from 1-2
The Commissioners decided they needed a chance to look at the piece of prop-
erty before making a recommendation.
Other Business
-Commissioner Busch would like to see an update made of the Zoning Map, and re-
minded Mr. Breezee that Mr. Maue's conditional use permit would be up for re-
newal in October.
-Commissioner Driessen brought two areas of concern for Mr. Breezee to look into.
1) Pole Buildings - Mr. Breezee will be sending a memorandum to the Commissioners
regarding pole buildings. They are now limited to 1,000 square feet in areas
zoned for residential use and can only exceed that limit if it was for ag-
ricultural uses.
2) Plumbing Requirements - Mr. Breezee indicated that he would be sending to
the Commissioners a memorandum regarding a recent la\v involving plumbing
requirements.
7 . Adj ournment
The meeting was adjourned at 9:30 p.m.
~t:UllV submitted,
A~..A. 2AL~
Rick Breezee ~~,.-
Building and Zoning Administrator
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