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02-06-91 Planning Commission MINCITY • OTSEGO PLALNNING COMMISSION MEETING MINUTES FEBRUARY 6, 1991 - 8 PM The meeting was called to order by Chairman Ing Roskaft at 8:05PM. Ing asked for approval of 1-16-91 and 1-23-91. Planning Commission Minutes. Bruce Rask Motioned to approve the minutes of 1-16-91 and 1-23-91 Planning Commission. Kathy Lewis seconded the motion. Motion carried unanimously. MEMBERS PRESENT ARE AS FOLLOWS: Mark Wallace Bruce Rask Carl Swenson Larry Fournier Ing Raskaft Jim Kolles Kathy Lewis Also present were Dave Licht, Planner, Elaine Beatty, Deputy Clerk, Merlin & Mary Brisbin, Lois Hall, Mr & Mrs Tim Clark, David Gilgenbach and Leonard Sanoski. 2. DR DAVID A GILGENBACH - 14273 191ST AVE NW, Elk River, Mn 55330 - Sec 15, Twp 121, R 23, Lots 2 and 7, Block 1, Mississippi Shores 6TH ADD. Requests a Cond. Use Permit to rent his rental space in the Ani -Mall to Elk River School Dist #728 Special Education Classes. (PID #Is 214-038-001020 and 214-038-001070). Dr Gilgenbach appeared before the Commission and stated the School District #728 has a need for Special Education space for students that have dropped out of High School and need to complete their education. He stated that 8AM to 8PM would be the approximate span of time to conduct the classes. The Commission looked at the floor plan for the rental space. There will be two handicapped bathrooms that would be available. Gilgenbach stated there will be twenty to thirty students at one time. (A sketch floor plan for the area is attached). Gilgenbach explained how the area would be used. He stated that his location was selected because they like to keep the students out of a school setting. A sign was discussed for this rental space. Gilgenbach said they would probably have a wood sign made for the window. He stated they have extra parking if needed. They have 35 total parking spaces. In the back of the building there is space for Gilgenbach's staff if needed. Bruce Rask brought up combining the two lot-,;. Gilgenbach stated they are now combined. It was required by Wright County when he built. (Elaine will check) Dave Licht stated all uses in B®2 are Cond. Uses and everytime a use changes they have to come back in. The new ordinance will have a list of activities acceptable. Licht stated he saw no problem with an education facality. If the use is sewer or septic high use we need to have it checked by the Engineer. The list an Page #2 of Licht's report is for use until our ordinance is in place. Page #3 of Licht's report has six conditions that need to be addressed and one other item should be added. #7 should be property tax and payment of same. Licht stated lie strongly recommends approval of the Cond. Use Permit. CITY OF OTSEGO PLANNING • MEETING MINUTES OF 2-6-91 8PM - PAGE 2 - Gilgenbach stated the building has three septic tanks and drainfields so it is designed for a restaurant. He said the lease with the School District is 2-1/2 years. KATHY LEWIS motioned to recommend approval of the Cond. Use Permit for Dr. David Gilgenbach's Rental Space to the Special Ed. Classes of Dist #728 subject to the conditions in Northwest Consultants Report, including #7. Property Taxes. BRUCE RASK seconded the motion. Motion carried unanimously. 2. MERLIN & MARY BRISIN - Requests a Home Extended Business Permit for his "Sewerman" Business of pumping and cleaning septics. He is also requesting two (2) variances; one for an oversized Dole building for his trucks and one for closer than 500' from the nearest residence for his Cond. Use Permit. Sec 28, T121, R23. The W 3301 of E 660' of 6EI/4 Wright Co, Mn (PID #214-000-284401). Merlin & Mary Brisbin were present and addressed the Commission. Brisbin stated they want to use the same driveway coming in for the garage. and a Variance is needed for 1841 from neighboring residence instead of the 5001 required. Brisbin stated the building is 481 x 80' and not 801 x 501 and he needs a variance for the oversized building because regulation is 2,000 sq ft. Dave Licht stated he and Elaine Beatty had met with Brisbin at a Staff meeting and tried to discourage this use. The issue is how much you want this to occur in the community. In the past the home -occupation businesses have been a problem in enforcement. Licht stated Brisbin is expanding further and has a successful business and has outgrown his residential lot and further, the variances involved Licht stated he has a hard time with and basically there is no justification with the law to approve the variances. Licht stated if the commission grants the variance they should change the ordinance now, treating everyone equally and fairly. Licht stated he feels the infringement an neighboring properties is a major concern. Licht complimented Brisbin and said he is doing a good job and it is no reflection on him. Licht stated the commission should give Brisbin time to locate his business in an Industrial area. The City has not had time to figure out where the industrial areas should be. Ing Roskaft stated lie is representing Jim LeFebvre and he had called Ing and approved the entire proposal with the 40001 bulding and saw no problem with it. Tim Clark, Brisbin's next door neighbor spoke and said he has questions and concerns aobut the proposed business. He questioned Brisbin's building and will it house trucks only? The area is zoned Ag/Res now and Licht assumes it will stay as such for some time. The neighbors are concerned that the building will have a negative effort on their property. Bruce Rask questioned the assessory building size? CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 2-6-91 AT 8 PM - PAGE 3 - Licht stated with home extended occupations you may have a 0,000 sq ft building and said you need to look at the home occupation question. They are hard to pursue as far as the code of law. Once they are in, they are hard to take away (a persons livleyhood.) Carl Swenson asked when he planned on building? Brisbin stated they plan on moving in two weeks and would like to build as soon as possible. It was deter -mined it is now zoned Ag. Larry Fournier said the real question is "Do we want home extended businesses." Leonard Sanoski a neighbor said he and his neighbors discussed this issue and they want the area to stay residential. Mrs Tim Clark feels this business should go into a designated area. Brisbin stated in an Industrial area you are talking about a lot of expense. Licht stated streets would have to be built in an Industrial area to Industrial standard, but the expenses are miniminal otherwise. Carl Swenson asked why he wants such a big building if he only has two trucks? Brisbin stated they want a basketball court for their kids, but he can make it smaller and his -trucks from bumper to bumper are 321 long. Mrs Clark stated they are still concerned about a business coming into the area. Larry Fournier asked if we could put a moratorium on home extended businesses until we get our Comprehensive Plan ready? Dave Licht answered yes. Mrs Brisbin asked about and Industrial Park and how do we get -the home extended businesses to move to the Industrial Park? Licht said three to five years would be the time to give them. Licht asked Brisbin if there is anyplace he can operate his business? Brisbin answered at his present address. Mrs Clark stated she feels this is a community problem and needs to be addressed as such. BRUCE RASK motioned to make a recommendation that this go to the City Council with an extension of the existing bussiness until we can come up with a designated Industrial Site. The neighbors feel it is not the place for a business. Mrs Clark brought up other extended businesses on the road that are not well operated and they were told one of the reasons for becoming a City is to be able to plan. Carl Swenson stated that it would be more fair to recommend -turning the request down with an extension of his business until the site is designated. Rack's motion died without a second. CARL SWENSON motioned to recommend denial of the home extended business as follows: 1. Concerns and comments raised by neighbors. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 2-6-91 AT 8 PM - PAGE 4 - 2. Lack of new Ordinance Governing and defining, extended home occupations. 3. Recommendations as contained in NRC's January 25, 1991 report for Brisbin. LARRY FOURNIER seconded the motion. Motion carried unanimously. BRUCE RASK motioned to give 180 days to Brisbin to vacate the residential site. MARK WALLACE seconded the motion. Motion carried unanimously. LARRY FOURNIER motioned to hold a Public Hearing at the next possible meeting to address a Moratorium on Home Extended Businesses until our new Zoning Ordinance is in place. CARL SWENSON seconded the motion. Motion carried unanimously. BRUCE RASK motioned to set a special meeting for the Planning Commission for February 27, 1991 at 8PM. Jim Kolles seconded the motion. Motion Carried unanimously. (Hearing on Moratorium on Home Extended Businesses) Ing Roskaft noted he had discussed a joint Planning Meeting with Elk River with Mary Eberly and she would like two volunteers from the Otsego Planning Commission to help plan a surrounding communities planning meeting. KATHY LEWIS AND MARK WALLACE volunteered to help Eberly. There was some discussion on Lorraine Heinz's new home and having a "mother-in-law" apartment and what the planning Commission's feelings were on the issue. Licht said encourage, within design to set up separate living areas with one entrance. The units can riot be sealed off from each other. It can have a separate entrance. (like walkout) LARRY FOURNIER motioned to adjourn the meeting. KATHY LEWIS seconded the motion. Motion carried unanimously. Meeting adjourned at 10 PM. JAMES R KOLLES, SECRETARY OF PLANNING COMMISSION Minutes by Elaine Beatty, Recording Secretary eb Subd. 2 Off-Sale Licenses. "Off-Sale" licenses shall be ued only to (exclusive) liquor stores and shall permit "Off- Sale" of liquor only. An exclusive liquor store shall include an "On-Sale" or a combination "On-Sale" and ,off-Sale" establishment at which food is sold for consumption on the premises. Subd. 3 Temporary On -Sale License. The City may issue to a club or charitable, religious or other other non-profit organization that has existed for at least three (3) years a temporary on -sale license for the sale of intoxicating liquor in connection with a social event within the City sponsored by the licensee. The license may authorize the on -sale of intoxicating liquor for no more than three (3) consecutive days, and may authorize on -sales on premises not owned or permanently occupied by the licensee. No such license is valid unless first approved by the Commissioner of Public Safety. Subd. 4. Wine Licenses. 1). General. The City may issue an on -sale wine license to a restaurant having a seating capacity of at least 25 guests. No such license is effective until approved by the liquor control commissioner. All provisions of Minn. Stat. 340A.404, Subd. 5. are adopted and made a part of this section. 2). Days of Sale. A wine license shall authorize the sale of wine on all days of the week. (The City may prohibit Sunday wine sales pursuant to Minn. Stat. 340A.404, Subd. 5 (a).) Section 3 License Application. Subd. 1 Form. Every application for a license to sell liquor within the City of Otsego shall state the name of the applicant, his age, representations as to his character, with such references as the Council may require, his citizenship, the - 2 -