Loading...
09-28-1982 PC MIN ELK RIVER PLANNING COMMISSION MEETING HELD AT THE ELK RIVER PUBLIC LIBRARY SEPTEMBER 28, 1982 ME~ffiERS PRESENT: Chairman Tracy, Commissioners Gunkel, Pearce, and Tral1e MEMBERS ABSENT: Commissioner Kreuser STAFF PRESENT: Rick Breezee, Building and Zoning Administrator 1. Call Meeting to Order The meeting was called to order by Chairman Tracy at 7:30 p.m. 2. Consider Agenda for September 28, 1982 Planning Commission Meeting Supplementary information regarding Item #4 was added to the September 28th, 1982 Planning Commission meeting. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER GUNKEL, TO APPROVE THE AGENDA FOR THE SEPTEMBER 28, 1982 PLili~NING CO}lliISSION MEETING. MOTION PASSED 4-0. 3. Consider Minutes: of August 31, 1982 Planning Commission Meeting MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISSIONER GUNKEL, TO APPROVE THE MINUTES OF THE AUGUST 31, 1982 PLANNING COMMISSION ,MEETING. THE MOTION PASSED 4-0. 4. Consider Variance Request by Mr. Ronald C. Walz Mr. Ronald C. Wa1z, 9825 22lst Avenue mv, was present to discuss his request for a variance from the required 600 feet. Mr. Walz's property is located in an A-l/Agri- cultural Conservation District. Mr. Walz indicated that he would like to construct a pole barn approximately 375 feet from his neighbor to the west of his property. This amount of footage is 225 feet from the required 600 feet. Discussion followed regarding the 600 foot requirement. Commissioner Pearce asked where the 600 foot number was arrived at. Rick Breezee indicated that the 600 foot amount was proposed by staff and the City Planner. Mr. Al Howie, a neighbor of Mr. Walz, was present at the meeting. Mr. Howie indi- cated that he lived to the west of Mr. Walz and that he had no objection to the pole building being built closer to his property than the required 600 feet. Discussion 'tvas carried on regarding the condition of "hardship" not being able to be met in regard to Mr. Walz's request. Commissioner Pearce indicated that possibly the 600 foot requirement should be reviewed. Mr. Walz indicated to the Planning Commission that he was told he did not need a building permit for the pole barn. Rick Breezee indicated that he was issued a permit (Mr. Walz) but that he was not charged a fee for that permit. Rick Breezee further indicated that agricultural buildings are exempt since they are not being occupied byhumaus; ho~vever, setbacks still must be met. Planning Commission Minutes September 28, 1982 Page T"\\I"o Mr. Walz indicated his displeasure with the City as they are essentially asking him to build his barn in the middle of his farm. Mr. Walz also indicated that this problem could also affect some of his neighbors if they ever wanted to build pole barns on their property. Chairman Tracy indicated the "uniqueness" of the problem. Chairman Tracy further indicated that this could be dealt with if the problem was unique to only one person; this probelm in discussion, however, was not unique to only one person seeing that it could apply to other people as well as Mr. Walz. It was the general consensus of the Planning Commission that the 600 foot require- ment be reviewed. MOTION BY COMMISSIONER GUNKEL, SECONDED BY COMMISSIONER PEARCE TO RECOMMEND DENIAL OF THE VARIANCE REQUEST BY ~ffi. RONALD C. WALZ, 9825 22lST. AVENUE m~, WITH THE PLAN- NING CO}WISSION TO REVIEW THE 600 FOOT REQUIREMENT, AND THE PROCEDURE OF THE CON- DITIONAL USE TO BE DISCUSSED. THE MOTION PASSED 4-0. 5. Consider Expansion of Nonconforming Uses (Charles Axelson) Chairman Tracy indicated that the Planning Commission is dealing with two issues: one, use and two, variance. Chairman Tracy further indicated this was the first time for this type of problem. A solution to this should be what is best for the City as a "\vhole. Rick Breezee indicated this was a very -complex situation. Rick Breezee further in- dicated tha~ the City adopted a land use plan for the reason of directional pur- poses. ~fhen a City adopts zoning maps, there will be nonconforming uses created. Rick Breezee asked Mrs. Balfanz if she had the information that was needed regard- ing the building she wishes to move to Elk River from Otsego Township. Mrs. Balfanz indicated that the Otsego building inspector indicated to her that the City of Elk River should check the building before it is moved, not the Township. Mrs. Balfanz further indicated that she was working with her attorney regarding the problem of expanding their home. Mrs. Balfanz also indicated that the Attorney General has told her:that he felt the City tvas \VTong in their method of notifying residents of a zone change, which would make their residence nonconforming and in that way unable them to change the building in any way by enlarging it. Rick Breezee indicated that in 90% of cases, ~ll Cities have to deal with nonconform- ing uses. Rick Breezee further indicated this situation was rare; there are no case histories dealing "\vith expanding of nonconforming uses:. Rick Breezee further indicated that when this amendment (with 9 standards) was first presented to the Planning Commission, staff thought it dealt with all nonconforming types. Rick Breezee indicated that if we leave the ordinance as is, the staff, in their inter- pretation, cannot approve nonconforming expansion. Rick Breezee further indicated the possibility of creating a separate section dealing with non~onforming uses. Rick Breezee also indicated he had talked with a few attornies and they indicated Planning Commission Minutes September 28, 1982 Page Three there were no case histories. Rick Breezee indicated the use should be com- patible with the surrounding uses. Mrs. Balfanz indicated that the area where they live is residential across the street from them. Commissioner Pearce asked if Cretex, located behind the Axelson property, has asked for permits to fix houses that they rent out, which are located by the Axelson's. Mr. Don Schumacher, a representative from Cretex, indicated that there has been no decks, porches, etc, built on these home they rent. Chairman Tracy indicated that he thought the ordinance would possibly solve the problem. Chairman Tracy further indicated that the 9 standards may still cause some problems. Commissioner Gunkel asked if our attorneys feel what we have is to restrictive and if they have made any suggestions as to change. Rick Breezee indicated they have not. The attorne~s have told the City Council it won't work; the City Council told the attornies to come up with something. Commissioner Gunkel indicated that under the circumstances, something should be done to help each individual situation. Commissioner Gunkel further indicated that the way it is now, it is workable only regarding nonconforming uses within that zone and district (I-2). Rick Breezee indicated that the Planning Commission should deal with this as a total City. Rick Breezee further indicated that the way other Cities deal with nonconforming uses is that they stay as they are. Commissioner Pearce indicated that the staff had been directed to "come up with something". They did; now it can't be used. Rick Breezee indicated that the City says this is the direction they want. Discussion followed regarding the consistancy of dealing with nonconforming uses. The concept of amortization was also discussed. Commissioner Tralle felt that he also agrees with Commissioner Gunkel's vie\~oint that people are important. Commissioner Tralle indicated we should come up with something to deal with this problem. Commissioner Tralle further indicated that businesses should be dealt with, and home dealt with s~parately. Rick Breezee indicated that \veshould be dealing with "uses". Planning Commission Minutes September 28, 1982 Page Four Mrs. Balfanz asked if this ordinance \Vas dra1;VIl up so they (Axelson's) can do \vhat they would like to do; add to their home. Rick Breezee indicated that this was not drffiVll up just for them; the City is trying to deal with all nonconforming uses. Discussion was carried on regarding the length of time it is taking to consider this particular problem. Chairman Tracy indicated that it is taking longer be- cause of the strict interpretation and the complexity of the problem. Discussion was also carried on regarding the procedure for this type of variance in regard to nonconforming uses. The City Administrator indicated that the ord- inance is intended to be tough. The City Administrator indicated the intent of the ordinance was for very "unique" situations; not one-in-a-dozen. The City Administrator further indicated that possibly a zoning ordinance could be made for this type of problem. Commissioner Gunkel indicated she felt the \vord "variance" should be taken out of the ordinance. The City Administrator indicated it was set up using variance procedures. Rick Breezee indicated that the reason the nonconforming question is so difficult is that first of all, there are no statutes for expanding nonconforming uses and secondly, most Cities have nonconforming uses with no change being made possible. Discussion was carried on regarding the procedure for notifying people when they become nonconforming through a zone change. Discussion was also carried on regard- ing the flexibility of the City in problems such as this. Discussion was carried on regarding the complexity of this item with regard to possible zone changes. Also discussed was the fact that the Planning Commission was back where they were in their thinking when this item was first presented to them. It was :the general consensus of the Planning Commission and the Mayor that a workshop be held regarding this item of expansion of nonconforming uses. MOTION BY COMMISSIONER PEARCE, SECONDED BY COMMISISSIONER GUNKEL TO RECOMMEND A WORKSHOP BE HELD WITH THE PLANNING COMMISSION, THE CITY COUNCIL, THE CITY PLANNER AMD THE CITY ATTORNEY TO DISCUSS THIS ITEM. MOTION PASSED 4-0. It was the general consensus of the Planning Commission to hold the workshop after October 14th, 1982. Rick Breezee indicated to the Planning Commission that they should be aware that they should consider what is best for the City as a whole. Commissioner Gunkel indicated that when we have come up with nonconforming uses, we should notify the people they are as such. Rick Breezee indicated that staff will notify the ones that have been denied a variance because they \Vere nonconform- ing. Planning Commission Minutes September 28, 1982 Page Five MOTION BY COMMISSIONER TRALLE, SECONDED BY COMMISSIONER PEARCE TO TABLE THE AXELSON VARIANCE REQUEST UNTIL THE WORKSHOP HAS BEEN HELD ON THE EXPANSION OF NONCONFORMING USES. MOTION PASSED 4-0. 6. Powers and Duties of the Planning Commission Commissioner Pearce indicated that he likes what was on the list presented to them. Chairman Tracy also indicated that he felt the list looked good. The City Administrator asked the Planning Commission that as a Planning Com- mission, does this spell out duties well enough? Commissioner Gunkel indicated that in regard to Item J., last paragraph, Capitol Improvement should be added. The City Administrator indicated that Capitol Improvement was an identifying pro~~ cess, how something is going to be paid for. Commissioner Pearce asked if there was a public hearing process for capitol improve- men t . The City Administrator indicated that the Planning Commission would hold the public hearing. If it was a specific project, the City Council would hold a public hear- ing. Commissioner Gunkel asked if Capitol Improvements could be added to list of Powers and Duties as Item J, Number 6. Chairman Tracy indicated that most sources say the Planning Commission should hold public hearings. Chairman Tracy further indicated that the Planning Commission makes the best possible solution for the City, not the individual. Chairman Tracy further indicated his concern of the Planning Commission having the public hearing, the Planning Commission listening to the people who are opposed, and the possibility of the Planning Commission being swayed in their opinion. It was the general consensus of the Planning Commission that the Planning Commis- sion would be more unbiased since they are not elected and paid officials. The City Administrator indicated that Item #2, last page, deals with this problem. Commissioner Pearce indicated the Planning Commission should help the City Council make decisions. The Planning Commission would need public hearing to be able to assist the City Council. Chairman Tracy indicated he agreed with Commissioner Pearce. Chairman Tracy further indicated that he feels the Planning Commission needs all the "in-put" they can get. Commissioner Gunkel indicated that she felt "time to time", in Item G., should be more specific. Planning Commission Minutes September 28, 1982 Page Six Rick Breezee indicated that in regard to workshops, four sessions for workshops have been requested for in the 1982 budget. The City Administrator indicated that the Planning Commission would dictate "time to time" for '\vork sessions. MOTION BY CO~IISSIONER PEARCE, SECONDED BY CO}MISSIONER TRALLE, TO RECO}ruEND APPROVAL OF THE PO~~ERS AND DUTIES OF THE PLANNING COMMISSION 1vITH "CAPITOL IM- PROVE:MENT" ADDED AS ITEM "311, NUMBER 6, AND RICK BREEZEE TO \.JRITE A LETTER, PRE- SENTING SAID LETTER TO THE PLANNING COMMISSION, THEN TO THE CITY COUNCIL, APPROV- ING POWERS AND DUTIES OF THE PLANNING COMMISSION. MOTION PASSED 4-0. 7. Consider Redefining of Ordinance Dealing With Mobile Homes on Agricultural Property Councilmember Schuldt was present for this item. Also present was the Mayor, and the City Administrator. Councilman Schuldt reviewed the questions he had regard- ing the ordinance dealing with mobile homes on agricultural property. Mayor Hinkle, in regard to this ordinance, felt "acreage" should be left out. The City Administrator indicated that the intent of this ordinance was to encourage ne'\v "family farms". Commissioner Tralle indicated that he had a problem '1vith the word 11 individual" . Councilmember Schuldt indicated he felt the ordinance was to have one mobile home so the family farm is able to continue. Commissioner Gunkel indicated she felt the '\vord "immediate" should be omitted from the ordinance. Chairman Tracy indicated that the \vord "immediate" should be defined as to ho\v far back to go in the family. Commissioner Gunkel indicated that in regard to #4, years was questioned. Com- missioner Gunkel indicated her concern about what would happen if the two years wasn't enough time. Commissioner Gunkel further indicated she had a problem with the one and two year extension. The City Administrator indicated the ordinance was created with temporary intent in mind. Commissioner Pearce indicated that he would like to see this reviewed every two years. Commissioner Pearce further indicated that after 4 years, if a hired man was there, he should be removed. The City Administrator indicated we are treating this the same as a home occupa- tion. Planning Commission Minutes September 28, 1982 Page Seven Commissioner Gunkel indicated she would like to see, in Paragraph #1, "one .mobile home" instead of "a mobile home", MOTION BY CO~illISSIONER GUNKEL, SECONDED BY COMMISSIONER TRALLE, TO RECOMMEND APPROVAL OF ORDINANCE 82-9, WITH THE FOLLOWING REVISIONS: (A) h. THE USE OF ONE MOBILE HOME, (B) STIPULATE HHAT THE IMMEDIATE FAMILY IS; FIRST GENERATION POLICY (C) IV. ...AND TO RECOMMEND REVIEW WITHIN 2 YEARS. THE MOTION PASSED 4-0. 10. Adjournment There being no further business, MOTION BY CO~illISSIONER PEARCE, SECONDED BY COM- MISSIONER TRALLE, TO ADJOURN THE MEETING. MOTION PASSED 4-0. Rick Breezee Building and Zoning Administrator RB : cml