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02-20-91 Planning Commission MIN1:3 21 ZyAns-mm vvb �--Zullsu il The meeting was called to order by Chairman Ing Roskaft at 8PM. Larry Fournier motioned for approval of minutes of February 6, 1991. Mark Wallace seconded the motion. Motion carried unanimously. Members present were as follows: Mark Wallace Carl Swenson Ing Roskaft Larry Fournier Jim Kolles Kathy Lewis Also present were Dave Licht, Otsego Planner and Elaine Beatty, Deputy Clerk, John Bly, Niel Goarder, Phil Cottrill, Marly Glines, Leonard Sanoski, Tim Clark and Vern Heidner. Also Lenny Kalway and partners. STEVE SCHARBER - Country Ridge Plat (concept plan) DAVE LICHT stated this is just a concept plan. MARLEY GLINES appeared before the commission with the information: 1) It is a Planned Unit Development 2) They went for density for future sewer & water 3) There is a drainage pond in the middle of project which is a retention area. 4) There is only one lot facing Page Ave. The others all face minor roads in the plat. LARRY FOURNIER commented that the Sub -Division Ordinances are not approved yet and Mr Glines approaching the Planning Commission, is taking away from completing the Sub - Division Ordinances. DAVE LICHT stated that the proceedure is that once the application is filed the review is done. MR CLINES stated they are looking for an opinion as to if this project is possible, or are they way off base? ING ROSKAFT stated that the Commission has not had enough time to study it. It will have to come before the Commission at another time. CLEM DARKENWALD - 10 Min. discussion on semi-trailer/sign advertising Clem's Fish & Seafood on Hwy. #101 E. side of Hwy before Clems Store. DAVE LICHT stated the trailer sign is in Code Violation and it needs to be removed by March 4, 1991. MR DARKENWALD stated: 1. That it is a tralier parked an private land. 2. He had previously been on State of Mn right of way. 3. State of Mn OK'd trailer where if presently stands. 4. Trailer is on Dart: enwalds property. 5. He is not in violation of State Regulations. 6. There are trucks, trailers, and RV's parked all along hwy #101. 7. Darkcnwald's business lost $30,000.00 last year because of construction. & Darkenwald's taxes went from $6,000,00 to $8,227.00 in one year and another 10% this year. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 20, 1991 - QOOPM - PAGE 2 - 9. Darkenwald donated $106,000-00 in property easement rights an the intersection of #42 & 4101. DAVE LICHT stated that the State of Minnesota has no jurisdiction on private Property- The State apparently choose to think of the trailer as a truck and not a sign. Licht suggested the way to proceed as follows: 1. File for a Cond. Use Permit. 2. Enforcement of this will be stayed until the Cond. Use Permit is considered. 3. Send a letter to the City stating: a. You want to apply for a Cond. Use Permit b. Attend a the Staff Meeting of 3/14/91 for direction. DARKRNWALD closed by asking the Planning Commission to consider this when it comes up because it has been a really tough year. BLY, JOHN E. & SUTHERLAND, L. - PID #214-121-001110, Lot 11, Block 1, Island View Estates, 9968 Kahler Ave NE, Monticello, MN. Requests a Variance for sideland setback of 31 instead of the 301 required by Wild and Scenic Zoning. ELAINE BEATTY, attested to the fact that the Notice of Public Hearing on this case was Published, Posted and Mailed. DAVE LICHT stated that the 131 setback that currently exists is "grandfather use" because the building was built before the Wild & Scenic Zoning came into effect. Also: 1. Expansion will reduce setback to 31 2. you would set a presidence by granting this variance Neighbor would have the same right to similar variance 3. We assume you want to protect the Wild & Scenic Zoning District. 4. DNR were notified on the request. No official position, Basically they support the NCA Report. 5. Alternative for approval - or denial. 6. Licht refered to NCA report (Page 2: 1-5) Z. Variance criteria discussed (Page 3: 1-5 of NCA Report) JOHN BLY said he had nothing to add There were no other comments from the residents. LARRY FOURNIER asked about the 131 setback and could he build in front of the existing garage? MR BLY stated that it would put his house out of porportion. DAVE LICHT stated that the Comp. Plan coming up is written that if you have an existing non -conformity you can build, if it is no more than presently exists There was some Planning Commission discussion: ING ROSKAFT asked Mr. Bly for permission to view his property at a site inspection. CARL SWENSON moved to table the action for site inspection and continue this matter until 2-27-91 at 8:OOPM, Kathy Lewis seconded the motion. Motion carried uanimously. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 20, 1991 AT 8:OOPM - PAGE 3 - ING ROSKAFT stated that he had a note that Lenny Kalway wa.rited to be heard on a concept plan and suggested that they riot look at this tonight, but that Mr. Kalway could contact .the Deputy Clerk for a future agenda. MERLIN AND MARY BRISBIN DISCUSSION - have Licht stated this will go before the City Council on 2/25/91 and Mr. Brisbin has retained an Attorney. Hit-, Attorney is contending that Brisbin's Business is an Ag use. Licht stated the following: 1. The inital position is it does not qualify as an Ag use. 2. City Council had a Work Meeting 2/20/91 and discussed Home Occu.pation and Home Extended Businesses, 3. Dave Licht stated -that Otsego now has a clean slate starting anew. 4 The Commission may consider: a. 180 (lays may riot be enough days for Brisbin to relocate his business (if he continues to operate his business at his present residence.) ING ROSKAFT stated 180 days can be extended. CARL SWEN-SON stated six months was considered to be enough time and asked if he is moving his bLlSil"ICSS to his new house. Answer: He doesn't have a building. DAVE LICHT said that all three items asked for: 1. Varinace for 184' setback (instead of 5001) 0.Variance for a building twice the 2,000 sq ft 3. Cond.. Use Permit for the Business. Any of these above items can. be approved or denied :�;eperatly. ING ROSKAFT stated that he does riot now have a. permit. for a Home Extended Business. LICHT stated it is a code violation. LARRY FOURNIER stated. he would be in favor of extending his -time to what is necessary until Brisbin finds a new spot for his business. LICHT said -that this item was on the agenda for clarification, MARK WALLACE motioned not to look at an extention of time at this time but we could reconsider it in 90 days to look at adding an extention. JIM KOLLES SECONDED THE MOTION. Motion. carried unanimously. LICHT requested that we table the Camp. Plan reviewal, until. 2/27/91. The 2/27/91 PC Meeting will have the following on the Agenda: 1. Bly request for Va.riance on setback 2. Hearing an a Moratorium an Home Extended Businesses for six months 3. Reviewal of Camp. Plan LICHT went over the Subdivision Ordinances with the Planning Commission Members. 1. Page #153-1 Leave fees as is KATHY LEWIS motioned to accept the Park Dedication Fees as in CITY OF OTSEGO PLANNING COMMISSION MEETING OF FEBRUARY 20, 1991 AT 8PM - PAGE 4 - the draft of the Subdivision Ordinance Page 53-1. MARK WALLACE seconded the motion. Motion carried unani'mously. CARL SWENSON asked about Page 12 - GGG Street Width. Dave refere6 to Page .11 - WW Roadway. It needs to be defined. Roadway and Road Width will be defined. Reference numbers will be added an the right hand corner of the pages of the Subdivision Ordinances. LARRY FOURNIER motioned to adjourn the meeting. CARL SWENSON seconded the mat -ion. Meeting adjourned at 10:00PM. Elaine Beatty, Recording Secretary EB