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11-23-1982 PC MIN ELK RIVER PLANNING COMMISSION }ffiETING HELD AT THE ELK RIVER PUBLIC LIBRARY November 23, 1982 MEMBERS PRESENT: Commissioners Gunkel, Tralle, Kreuser MEMBERS ABSENT: Commissioner Pearce, Chairman Tracy STAFF PRESENT: Rick Breezee; Building and Zoning Administrator, Cathy Lofgren; Secretary Commissioner Gunkel presided over the meeting in the absence of Chairman Tracy 1. Call Meeting to Order Commissioner Gunkel called the meeting to order at 7:30 p.m. 2. Consider Agenda, November 23, 1982 Rick Breezee indicated that Mr. Earl Hohlen would like to be able to discuss with the Planning Commission his intentions to request a zone change and conditional use for his mobile home park. Rick Breezee further informed the Commissioners that this would be an added agenda item and it would take unanimous approval for this item to be added. Commissioner Gunkel indicated that she had no problem in hearing what Mr. Hohlen would like to do; however, no decisions will be made tonight or until Mr. Bohlen makes formal application. It was the unanimous~decision of the Planning Commission to add Mr. Hohlen to the November 23,1982 Planning Commission Agenda as Item 8Cc). MOTION BY COMMISSIONER TRALLE, SECONDED BY COM}ITSSIONER KREUSER, TO APPROVE THE NOVE}ffiER 23, 1982 PLANNING COMMISSION AGENDA WITH THE ADDITION OF ITEM 8Cc) - DIS- CUSSION ONLY - EARL HORLEN. THE MOTION PASSED 3-0. 3. Consider Minutes of October 26, 1982 Planning Commission Meeting Commissioner Gunkel indicated that in regard to the October 26, 1982 Planning Com- mission meeting, on Page 1, Item #4, Barthel P.U.D. Preliminary Plat Approval, she specifically stated that she had some concerns regarding the traffic flow pattern on the end of the shopping center \\There the laundry mat \Vas sho'WTl to be located. She believes that because of the amount of truck and car traffic that could be gen- erated in this area, pedestrian safety could be jeopardized. She thinks this should be investigated a little more closely.. Commissioner Gunkel also believes there was some confusion when it came to the motion and amendments to these motions. Commissioner Gunkel would like the minutes corrected as just outlined. MOTION BY COMMISSIONER TRALLE-, SECONDED BY COMMISSIONER KREUSER, TO ACCEPT THE MINUTES AS CORRECTED OF THE OCTOBER 26, 1982 PLANNING COMMISSION }ffiETING. THE MOTION PASSED 3-0. Planning COffimi s s ionr'li:::et:hng November 23, 1982 Page T1;o7O 4. Consider Variance Request - Larry Hennig Mr. Larry Hennig was present to ask the Planning Commission for a variance to the sign ordinance to allow' a larger sign than what is allow'ed. Rick Breezee explained to the Commission what the sign ordinance said about square footage requirements in relationship to lot frontage. Rick Breezee presented to the Commission a site drawing showing existing signage. :t-lr. Hennig stated that he removed QIl? sign and is replacing it \o7ith the ne\V sign, which is 4' x 20' in size. Commissioner Gunkel indicated that presently there are quite a few signs on that small building and questioned whether or not Mr. Hennig really wanted that many. Commissioner Gunkel aked Mr. Hennig if he would be willing to remove the smaller signs on the east side of the building (two signs); this way, he would not need a variance. Mr. Hennig stated that he would like to keep all of his signs and be granted the variance as he applied for. Commissioner Tralle agreed. with Commissioner Gunkel that this is a small building and further indicated that signs reflect the visual appearance of the to\vu as a whole. Commissioner Tralle could not see granting a variance for that large of sign. Mr. Hennig informed the Commission that he had an opportunity to"' trade signs with a gentleman from Monticello for a smaller size sign. Mr. Hennig further informed the Commission that it would only be over the requirement by 8 square feet. The Commission then discussed the size of the new sign and the location of it over- looking the parking lot. MOTION:.BY CO.MMlSSIONER TRALLE, SECONDED BY COM11ISSIONER KREUSER, TO APPROVE THE VARIANCE FOR ONLY 8 SQUARE FEET OF ADDITIONAL SIGNAGE TO MR. LARRY HE1~IG, 707 HIGH\\fAY 10. THE MOTION PASSED 3-0. 5. Consider Variance Request - Robert Morton Mr. Robert Morton was present to request a variance to the required side yard set- back for the placement of a pool within the setback. Mr. Morton explained to the Commission his difficulty in placing it any other place on his property. Mr. Morton referred ,to the -'mapthat:'was given to, the Planning Commission sho'\o7ing existing utility lines, trees, and a large reinforced slab that would have to be removed. Mr. Morton stated that quite a few structures within the immediate area fall within this required setback. Commissioner Gunkel explained that according to the variance procedure, five (5) findings have to be met before granting a variance. Commissioner Gunkel further stated that she does not believe a swimming pool is a family necessity and cannot Planning Commission }feeting November 23, 1982 Page Three answer positive in regard to a hardship. Commissioner Gunkel stated that the Planning Commission turned down variances when people were asking for things when it dealt with income for crops and she believes that this is truly a luxury and a hardship case is not valid. MOTION BY CO}ll1ISSIONER KREUSER, SECONDED BY CO}1lvlISSIONER TRALLE;'TO APPROVE THE VAR- IANCE FOR MR. ROBERT" MORTON, 1107 MAIN ST. THE MOTION PASSED 2-1, COMMISSIONER GUNKEL VOTING AGAINST. 6. Zone Change and Conditional Use Request - Arnold Kreger Mr. Arnold Kreger requested a zone change and a conditional use to operate bulk'" used oil tanks in an I-I zone. Rick Breezee explained to the Commission the location of such a request and showed a survey of the property. Presently, about 1/3 of the property is already located within this I-I zone MOTION BY COMMISSIONER TRALLE, SECONDED BY COMMISSIONER KREUSER, TO APPROVE THE ZONE CHANGE FROM C-3 TO I-I FOR THE REMAINDER OF THE PROPERTY SHO\vN ON THE SURVEY. THE MOTION PASSED 3-0. MOTION BY COM}ITSSIONER KREUSER, SECONDED BY COMMISSIONER TRALLE, TO APPROVE THE CON- DITIONAL USE FOR STORAGE OF WASTE OIL WITHIN THE EXISTING BULK TANKS WITH THE STIP- ULATION THAT THE STATE FIRE MARSHALL INSPECT THE PROPERTY fu~D ANY CORRECTIONS }lliST BE DONE BEFORE OPERATION IS TO BEGIN. THE MOTION PASSED 3-0. 7. Consider Ordinance Amendment, Reducing Accessory Building Setback The Planning Commission discussed the requirement that presently exists regarding the setbacks for metal skinned/agricultural buildings. Rick Breezee indicated that the City Council reviewed this and suggested that the Planning Commission look a.t changing the 600 foot requirement to 300 feet in,~~A-l zones except from/within platted areas, and leave the 600 foot requirement in R-l zones. Commissioner Gunkel questioned setbacks within a platted area as a conditional use. Rick Breezee indicated this is only in a platted area; the City Council felt that this would be ddne in a platted area only. Commissioner Gunkel indicated that she would like to see normal setback requirements in A-I zones for agricultural use. Commissioner Gunkel asked if this was the case, would there be a need for a public hearing. Rick Breezee indicated that the Planning Commission could make it a requirement. Commissioner Gunkel indicated that she felt that if an accessory building is used for agricultural purposes, and it was in an agricultural area, normal setback re- quirements should be used. Planning Commission Meeting November 23, 1982 Page Four Commissioner Kreuser indicated he felt that in an agricultural area, a person should be able to place buildings an~vhere; in a residential area, setbacks should be required. Commissioner Gunkel asked how this could be set up so if it is an accessory use, and part of agricultural business, it can be required to follow normal setbacks; but have some kind of hearing involved so if it is offensive to neighbors, some kind of hearing can be held. Rick Breezee indicated that if it was for an entirely different use than agricul- tural, it would be a home occupation. Commissioner Gunkel indicated she felt to accomplish that, take accessory farm use off "accessory" and put it under "conditional use". Rick Breezee indicated he felt a $100 fee should be charged. Mr. Chip Martin, a resident of Elk River, indicated that it was his feeling that if the neighboring residents involved don't want something there, the neighbors should pay for the public hearing. Commissioner Kreuser indicated he felt that a farmer shoyld be able to have a farm, carryon his business but na~ infringe on his neighbors. Commissioner Kreuser also indicated that the farm was probably there first and the neighbors are most likely farmers themselves. Rick Breezee indicated that in A-I zone, unplatted area, 300 feet would not be a problem. Rick Breezee also indicated that one of the previous request, made by Mr. JuliasWademkamper, had been withdra\Vll at his request. Commissioner Gunkel felt that no major decision should be made with only 3 Planning Commissioners present. Commissioner Gunkel indicated she would like to see if there was some way of leav- ing it with normal setbacks, with some type 6fcontrol. MOTION BY COMMISSIONER TRALLE, SECONDED BY COMMISSIONER KREUSER, TO TABLE THIS ITEM UNTIL ALL PLANNING COMMISSION MEMBERS ARE PRESENT. THE MOTION PASSED 3-0. 8. Administrator's Update B. Possible Zone Change - Area along Highway 10 and Railroad Tracks (Martin Plaza) Rick Breezee indicated Mr. Chip Martin \Vas present for discussion of Item B of the Administrator's Update. Rick Breezee further indicated that Item B should be discussed before Item A. Rick Breezee showed the Planning Commission a map of Mr. Martin's property kno\Vll as Martin Plaza. Mr. Martin explained to the Planning Commission how the Minnesota Department of Transportation is planning to change Highway 10 which runs in front of Martin Plaza. Planning Commission Meeting November 23, 1982 Page Five Rick Breezee indicated that a meeting date should be set up with the City Planner, the City Attorney, the City Administrator, the Planning Commission and the City Council. Rick Breezee further indicated that he and Zack Johnson, the City Planner, will make a map of all nonconform- ing uses within the City. Rick Breezee also indicated possibly re-doing the whole zoning map. Rick Breezee read the concerns Zack Johnson had regarding nonconforming uses. Mr. Chip Martin indicated he would like to attend the meeting with staff. It was the general consensus of the Planning Commission that a meeting date of December 8, 1982 at 7:00 pm to be held at the City Hall Conference Room be set up. It was also the general consensus of the Planning Commission to include Mr. Chip Martin in this meeting. General discussion was carried on regarding possible sewer hook-up problems and sanitation problems with Mr. Martin's property in the future. c. Discussion - Earl Hohlen Mr. Earl Hohlen, o\vuer of the mobile home park on Highway 169, requested to give a presentation of a request for a possible zone change for the area next to the mobile home park. Mr. Hohlen indicated he would like to change the area that is presently zoned I-I to R-3. Mr. Hohlen further indicated he would like to enlarge the mobile home court and in order to do this, the zone would have to be changed. Commissioner Gunkel indicated she would have no problem with extending the R-3 zone. Commissioner Gunkel further indicated this possibly could be looked at during the December 8th meeting; not Earl Hohlen specifically, but the area in general. A. Conditional Use Permit Renewals Rick Breezee discussed the following Conditional Use Permit Renewals: 1. Barb Bjorkland - Operate a pre-school. She paid the $50 renewal fee, letters were mailed to residents within 150 feet, no negative response was received. Staff indicated renewal, to be reviewed in two years (1985). 2. Robert Tachney - Operate a screen repair shop. Staff indicated Mr. Tach- ney has expressed an interest in renewal of his Conditional Use Permit, but he has not paid the $50 fee. 3. Patsy Willis - Operate a beauty salon. Staff indicated a letter was mailed to Ms. Willis indicating her Conditional Use Permit was up for re- newal. Staff will follow up. Planning Commission Meeting November 23, 1982 Page Six 4. Daniel Karst - Mobile home (farm). ~ete mailed to residents within 150'. Mr. Karst has paid the $50 fee, letters No negative response was received. 5. Assembly of God Church - Mobile home as a classroom. The church has indi- cated they would like the conditional use permit extended. Staff indicated no further information as of this date has been received. 6. Barney Horvath - Mobile Home (workshop) - Barney Horvath, Rolling Hills Boys Home, was mailed a letter regarding this condiitonal use permit. As of this date, Mr. Horvath has not responded. Discussion followed regarding the 2-year time period of mobile homes. It was the general consensus of the Planning Commission that the farming aspect of the mobile home should be enforced. Discussion was carried on regarding Barney Horvath's conditional use permit. It was indicated by staff that the mobile home was not used as a residence, but as a workshop. Rick Breezee indicated staff has not heard from Mr. Horvath regarding the renewal and that he will send another letter regarding this conditional use permit. Discussion followed regarding the conditional use permit renewal for the Assembly of God Church. Commissioner Kreuser indicated that he felt a 2-year time period should be placed on conditional use permits, and for them to be reviewed in 2 years. It was the general consensus of the Planning Commission that the conditional use permit for Assembly of God Church should not be renewed. It was also the feeling of the Planning Commission that Assembly of God Church, Barney Horvath, and Daniel Karst should be discussed by City Council. D. Rick Breezee indicated that Commissioner Tralle's and Commissioner Kreuser's term of office will expire at the end of December, 1982. E. oRick Breezee asked the Planning Commissioners present how they felt in regard to a 7-member Planning Commission. It was the general consensus of the members present that it was preferable to keep the number at 5-members. Commissioner Gunkel and Commissioner Tralle both felt that a S-member Commission was best. 9. Adjournment There being no further business, MOTION BY COMMISSIONER KREUSER, SECONDED BY COMMIS- SIONER TRALLE TO ADJOURN THE MEETING. THE MOTION PASSED 3-0. ReS~llY submitted, .~~ Rick Breezee Building and Zoning Administrator RB : cl