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11-30-1981 PC MIN ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PULBIC LIBRARY Monday, November 30, 1981 MEMBERS PRESENT: Commissioners Pearce, Kreuser, Tracy and Driessen MEMBERS ABSENT: Commissioner Busch STAFF PRESENT: Rick Breezee, Building and Zoning Administrator 1. Meeting Called to Order The meeting was called to order by Chairman Tracy at 7:35 p.m. 2. Agenda The following changes were made to the Agenda for November 30, 1981. Add Item 4~ - Presentation from Jerry Messman for the HRA Committee showing the proposed development of the do\vntown area. Add to #7, additional handout re- garding Independent School District #728, zone change amendment. Add Item l2~, moratorium regarding pole buildings. 3. Minutes The minutes of the October 26, 1981 Planning Commission meeting were appr~ved as published. 4. Consider Appeal to Section 900.34 of the Zoning Ordinance by Neil Larson Mr. Neil Larson was present for this request. Commissioner Pearce questioned the permit that was issued to Mr. Neil Larson in 1979, to expand his present building and why he was allowed to expand his operation at that time when such a nonconformity existed. Mr. Breezee stated that he did not work for the. City at that time and could not answer for the Building Inspector who worked for the City; but nonetheless, it was a wrong decision to issue Mr. Larson a permit at that time and it is wrong to issue him a building permit to expand or extend his present operation at this time. Mr. Larson explained to the Planning Commission that it is his opinion that the tanks and the pumps are personal property and as such, it is his right to do whatever he feels he wants to with said personal property. It is Mr. Larson's opinion that this is considered a maintenance and not an extension of a non- conforming use. Mr. Breezee informed the Planning Commission that it was his interpretation that normal maintenance is allowed which cannot extend or enlarge a nonconforming build- ing or use. By al1o\ving such larger tanks and ne\Ver pumps to be installed w.hich is surely in the main operation of a motor vehicle service station, you are clearly extending the life of a nonconforming use such as this. November 30, 1981 Page Two Commissioner Pearce again sited that Mr. Larson was allowed to expand his oper- ation once, and that he has invested a great sum of money in this operation. COMMISSIONER PEARCE MADE A MOTION TO RECOM}ffiND TO THE CITY COUNCIL THAT A PERHIT BE ISSUED TO MR. NEIL LARSON FOR INSTALLING THE LARGER TANKS AND PUMPS TO EXTEND HIS OPERATION AT 356 JACKSON AVENUE, CITY OF ELK RIVER. COMMISSIONER DRIESSEN SECONDED THE MOTION. THE MOTION PASSED 3-0. 4~. Jerry Messman - Representing Zack Johnson and Associates Regarding the Central Business Re-development Plan from HRA. Mr. Jerry Messman, representing Zack Johnson and Associates, was present to dis- cuss what the immediate future plans are for the immediate downto\vu area that was decided on by the HRA. This representation was on a concept only and was not in- tended as a final plan approval. The discussion was presented by Mr. Messman toward what the immediate future plans are for the downtown district regarding retail space, office space, green area for parks, parking area, traffic flow that re- sults from this development, and what traffic would be generated from the new bridge construction. Commissioner Kreuser stated that people shop dO\vutO\Vll for convenience reasons and that if some of these conveniences were phased out, there would be less bus- iness for this area. Mr. Breezee asked Mr. Messman if there was any plans for fuel service stations for this area. Mr. Messman indicated that the long-range future development goals were not to have motor service stations in the do\vutown area. 5. Consider Zoning Ordinance Amendment to Allow Group Homes as a Conditional Use in Agricultural and Residential Districts. Mr. Breezee presented the Commissioners with a memo for the definition of such a group home definition for agricultural and residential districts. Discussion followed regarding the amendment. COMMISSIONER PEARCE MADE THE MOTION TO ACCEPT THE ORDINANCE AMENDMENT AS SUBMITTED BY THE CITY STAFF TO ALLOW GROUP HO~mS AS A CONDITIONAL USE IN AGRICULTURAL AND RESIDENTIAL DISTRICTS. CO}~ISSIONER DRIESSEN SECONDED THE MOTION. THE MOTION PASSED 3-0. 6. Kreuser Final Plat Approval - Plat 1 Mr. Breezee presented the Planning Comffiission members with the print of the final plat approval. There was discussion from Commissioner Dreissen whether or not Mr. Kreuser was to make a 10 per cent park dedication for this plat just as the other subdivision developers are required to do. Mr. Breezee informed the Com- missioners that he would talk with lrr. Kreuser about such dedication. COMMISSIONER DRIESSEN MADE A MOTION TO ACCEPT THE FINAL PLAT AS PRESENTED FOR LOTS 1, 2, 3, 4, BLOCK 1, PLAT 1, FOR MR. GENE KREUSER COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 3-0. November 30, 1981 Page Three 7. Consider Zone Change Amendment by School District #728 - Size of Sign Dr. Olson and Mr. George Zabee represented the School District #728 for this request. Commissioner Tracy asked Dr. Olson what the sign's intended use was going to be. Dr. Olson informed the Commission that the sign was to be used as an informational type of sign to inform the public of school activities at the high school. These would include drama, athletics, public meetings, etc. Dr. Olson informed the Com- missioners that the sign would be done so that it would have a good aesthetic ap- pearance and have in one corner, the Elk River emblem (the Elk) and the remaining surface area to have changeable letters and be illuminated. There was some discussion from the Commissioners that the 72 square feet would be too large for adjoining residential property owners. Dr. Olson sited that the sign would be on a pole structure approximately 10 feet above the grade of the property and that by being so high, 72 square feet actually is not large at all. COMMISSIONER KREUSER MADE A MOTION TO ACCEPT THE ORDINANCE AMENDMENT FOR 75 SQUARE FEET OF SURFACE AREA. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 3-0. 8. Consider Conditional Use Permit Request - Group Home at 20575 Quincy Street, by Mr. Jerome J. Jahn. Mr. Jahn was not present for this request. There was no further discussion re- garding this permit request. COMMISSIONER PEARCE MADE A MOTION TO ACCEPT THE CONDITIONAL USE PERMIT REQUEST FOR A GROUP HOME BY MR. JEROME J. JAHN CONTINGENT UPON APPROVAL OF THE CITY COUNCIL THAT A GROUP HOME BE ALLOWED IN A-I AND RESIDENTIAL DISTRICTS. COM}IISSIONER DRIESSEN SECONDED THE MOTION. THE MOTION PASSED 3-0. 9. Consider Conditional Use Permit - Temporary Mobile Trailer by the Elk River Assem- bly of God Church. Mr. Dexter Mapson was present for this request, representing the Assembly of God Church. There were comments from the Commissioner's to Mr. Mapson on what the mobile trailer will be used for. Mr. Mapson informed the Commissioners that it was to be used for a classroom for youth of the church. A sketch was presented to the Commission by Mr. Mapson on where the home will be situated in relation to the adjoining structures. Commissioner Kreuser asked Mr. Mapson how many exit doors there would be in the structure and where the partition walls would be constructed and the number of people would be using the structure at one time. November 30, 1981 Page Four COMMISSIONER DRIESSEN }UffiE A MOTION TO APPROVE THE CONDITIONAL USE PERMIT RE- QUEST FOR A TEMPORARY TRAILER FOR THE ASSE}ffiLY OF GOD CHURCH ON THE CONDITION THAT THEY WOULD AGREE TO REMOVE OR MAKE APPLICATION FOR AN ADDITIONAL USE PERMIT FOR THE EXISTING TRAILER THAT IS ON THE SITE. SUCH CONDITIONAL USE SHALL NOT EXCEED THE 6-MONTH PERIOD UNLESS REQUESTED BY THE ASSEMBLY OF GOD CHURCH AT THE TIME OF EXPIRATION DATE. COMMISSIONER PEARCE SECONDED THE MOTION. THE MOTION PASSED 3-0. 10. Consider the Review of the Land Use and Zoning Map for 4th and Railroad Drive Area. Commissioner Pearce made a recommendation to the other members that a workshop session be conducted with the members of the City Council to review this area in further detail. The remaining Planning Commissioners all agreed with this idea. Commissioner Pearce then requested Mr. Breezee try to formalize a meeting time, date and location so that such review can be done. 11. Consider the Review of the Land Use anp Zoning Map for the Area of Jackson and School Street Which is Intersected by Highway #169. There was present at this review a number of people in the audience concerned with this particular area. Commissioner Pearce stated that this was a very valu- able piece of property within the City of Elk River and it is his opinion that it should remain as residential zoned property. However, Commissioner Pearce and the other members of the Commission agreed that at the workshop for the land use of Fourth Street and Railroad Drive, this area should also be looked into for the future development plans at this location. The Commissioners then asked Mr. Breezee to set a time, date and location for such a workshop with the Planning Commission and the City Council both being pres- ent to discuss these changes. 12. Consider the Role of the Planning Commission The Commissioners all agreed that the three main topics that Mr. Breezee presented to them were correct. However, they feel that before any items can be decided upon, that a committee be formed to look into the actual structural chart and decide on what they feel is the actual role of the City Government for the operations of the City. Mr. Breezee informed the Planning Commission that he will discuss with the City Administrator what the committee should be comprised of and who should be on this committee. He will then report back to the Commission on the next phase of such decision making policies by this committee. 12~. Moratorium on Pole Buildings Mr. Breezee presented the Planning Commission the background information on the moratorium that the City Council placed on the City regarding pole barn structures. After presenting the history of the moratorium, Mr. Breezee informed the Planning Commission that a language must be inserted into the zoning ordinance to allow November 30, 1981 Page Five certain restrictions for these types of structures relating to certain zon- ing districts within the City itself. Mr. Breezee informed the Planning Commission also that he has talked to the League of Cities and also to three other cities in the State of Minnesota, relating to their ordinance regarding such structures. Mr. Pearce then made a recommendation that Mr. Breezee formalize a draft ord- inance relating to the sizes of such structures, setbacks of such structures, the number of structur~s allowed for each individual zoning district and to present this to the Planning Commission at the next Planning Commission meet- ing. 13. Non-Con Items A. There was discussion by the members of the Planning Commission as to whether or not there should be a December meeting. It was the consensus of the Com- mission that a meeting should not ce held during the month of December unless there is an extreme emergency request. 14. Adjournment The meeting was adjourned at 10:30 p.m. Respectfully submitted, Z/ Rick Breezee Building and Zoning Administrator RB:cl