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10-14-2008 PC MINMEETING OF THE ELK RIVER PLANNING COMMISSION HELD AT ELK RIVER CITY HALL TUESDAY, OCTOBER 14, 2008 Members Present: Chair Westgaard, Commissioners Anderson, Austad, Lemke, Scott, Staul and Westberg . Members Absent: None Staff Present: Jeremy Barnhart, Planning Manger; Chris Leeseberg, Park Planner; Debbie Huebner, Recording Secretary 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River Planning Commission was called to order at 6:30 p.m. by Chair Westgaard. 2. Consider 10/14/08 Planning Commission Agenda MOVED BY COMMISSIONER SCOTT AND SECONDED BY COMMISSIONER STAUL TO APPROVE THE OCTOBER 14, 2008 PLANNING COMMISSION AGENDA. MOTION CARRIED 7-0. 3. Consider 9/9/08 Planning Commission Minutes MOVED BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER AUSTAD TO APPROVE THE SEPTEMBER 9, 2008 MINUTES. MOTION CARRIED 7-0. 4. Planning Commission Representative to Attend October 20. 2008 City Council Meeting Commissioner Lemke will attend the October 20, 2008 City Council meeting. 5.1. Request by City of Elk River for Ordinance Amendment Relating to Bed & Breakfast Establishments in Residential Zoning District, Case No. OA 08-09 -Public Hearing Mr. Barnhart provided background information for the Janet Adams request and the resulting proposed ordinance amendment. Approval of the amendment will remove the requirement for a Bed & Breakfast to be owner-occupied, through the conditional use permit process. Chair Westgaard opened the public hearing. Janet Adams, 23250185th Street, Big Lake, MN -stated she is the applicant for the business being proposed. She stated that adequate off-street parking will be available and traffic to and from the site should not impact the neighborhood. There being no further public comment, Chair Westgaard closed the public hearing. Planning Commission Minutes Page 2 October 14, 2008 --------------------------- Chair Westgaard asked if there are any conflicts with the shared driveway. Mr. Barnhart stated that staff has been presented with no language which prohibits the shared driveway from being used by a business. He stated that there is a benefit for transitional uses such as this to buffer the residential and commercial uses. .Chair Westgaard stated that he also supported the use as a transition between the commercial and residential uses. Commissioner Anderson asked if there were any issues the State Health Department would need to address, such as food safety standards. Mr. Barnhart stated that the ordinance does not address health department issues. He noted that building, fire code, etc. issues are required to be addressed through the conditional use permit process. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER AUSTAD TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT RELATING TO BED AND BREAKFAST ESTABLISHMENTS, PER THE LANGUAGE DRAFTED AND ATTACHED TO THE REPORT TO THE PLANNING COMMISSION DATED OCTOBER 14, 2008. MOTION CARRIED 7-0. 5.2. Reduest by Janet Adams for Conditional Use Permit to Allow aNon-Owner Occupied Bed & Breakfast, Case No. CU 08-20 -Public Hearin Mr. Barnhart explained that Ms. Adams is requesting approval of a conditional use permit (CUP) to allow anon-owner occupied Bed & Breakfast establishment at 931 Main Street. He reviewed issues regarding adequate parking, the shared driveway, and how the interior of the home would be used. He noted that the adjacent neighbor has an issue with the shared driveway, and that he would need to pursue the easement issue separate from this application. Mr. Barnhart explained that the drop in elevation, existing hedge and trees provides adequate screening of the business. Staff recommends approval of the request with the 4 conditions listed in the staff report. Chair Westgaard opened the public hearing. Janet Adams, 23250 185~h Street, Big Lake, MN -stated that clients will bring their own food or it would be catered. Commissioner Staul asked if hours of operation need to be addressed. Mr. Barnhart stated that the business would be very similar to a residential use with limited traffic coming and going. Commissioner Westberg asked how more parking could be provided if more is needed. Mr. Barnhart stated that the ordinance requires 7 spaces and that on street parking is allowed, except during the winter months, when "tandem" parking could be utilized if necessary. MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER SCOTT TO RECOMMEND APPROVAL OF THE REQUEST BY JANET ADAMS FOR A CONDITIONAL USE PERMIT TO ALLOW A NON- OWNER OCCUPIED BED & BREAKFAST AT 931 MAIN STREET, WITH THE FOLLOWING CONDITIONS: 1. AS A CONDITIONAL USE PERMIT IS NOT A BUILDING PERMIT, THE APPLICANT SHALL APPLY FOR ALL REQUIRE PERMITS. Planning Commission Minutes October 14, 2008 Page 3 2. THE DEVELOPMENT SHALL MEET ALL APPLICABLE BUILDING AND FIRE CODES. THE FIRE CHIEF SHALL VERIFY THE LOCATION OF ALL FIRE HYDRANTS, AND MAY REQUIRE ADDITIONAL HYDRANTS NECESSARY TO PRESERVE THE HEALTH AND SAFETY OF THE RESIDENTS. 3. SIGNAGE MAYBE PERMITTED, PROVIDED IT IS LIMITED TO ONE 4 SQ FT WALL SIGN AND ONE FREESTANDING SIGN (4 FEET IN HEIGHT, AND 8 SQUARE FEET). NEITHER SIGN MAYBE ILLUMINATED. 4. NO MORE THAN 5 SLEEPING ROOMS FOR GUEST USE. MOTION CARRIED 7-0. 5.3. Reduest b~City of Elk River for Ordinance Amendment Relating to Ciry Entrance Monument Signs. Case No. OA 08-08 -Public Hearing Mr. Leeseberg reviewed the proposed language to add a definition for "city monument signs", and to allow these signs in all zoning districts. Commissioner Staul asked if a minimum or maximum size is addressed in the ordinance amendment. Mr. Leeseberg stated no. Chair Westgaard opened the public hearing. There being no public comment, Chair Westgaard closed the public hearing. Commissioner Scott asked where the signs would be located and if it matters if the signs are on public or private property. Mr. Leeseberg stated that the location could be city-owned or on private property with some type of agreement. MOTION BY COMMISSIONER STAUL AND SECONDED BY COMMISSIONER LEMKE TO RECOMMEND APPROVAL OF THE REQUEST BY THE CITY OF ELK RIVER FOR AN ORDINANCE AMENDMENT TO ALLOW CITY ENTRANCE MONUMENT SIGNS. MOTION CARRIED 7-0. 6.1. Cancel November 11. 2008 Planning Commission Meeting and Call Special Meeting for November 12, 2008 MOTION BY COMMISSIONER LEMKE AND SECONDED BY COMMISSIONER AUSTAD TO CANCEL THE NOVEMBER 11, 2008 PLANNING COMMISSION MEETING AND CALL A SPECIAL MEETING FOR WEDNESDAY, NOVEMBER 12, 2008 AT 6:30 P.M. MOTION CARRIED 7- 0. Adjournment There being no further business, MOVED BY COMMISSIONER SCOTT TO ADJOURN THE MEETING. Planning Commission Minutes October 14, 2008 The meeting of the Elk River Planning Commission adjourned at 6:55 p.m. Minutes Prepared by: Debbie Huebner „~2~ Tina Allard, City Clerk Pagc 4 *(Note: This meeting was later changed to November 10, 2008 at 5:30 p.m.)