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02-27-91 Planning Commission MINCITY OF OTSEGO PLANNING COMMISSION SPECIAL MEETING MINUTES FEBRUARY 27, 1991 - QOOPM INN ROSKAFT, Chairman called the meeting to order at 801 and asked for approval of the minutes of 2/20/91 Minutes. LARRY FOURNIER motioned to approve the minutes, Bruce Rask seconded the motion. Motion was unanimously approved. PLANNING COMMISSION MEMBERS PRESENT WERE AS FOLLOWS: Mark Wallace Carl Swenson Ing Roskaft Larry Fournier Jim Kolles Bruce Rask Kathy Lewis Also present were Dave Licht, Planner and Elaine Beatty, Deputy Clerk/Zoning Adm. 3. HEARING ON MORATORIUM ON HOME EXTENDED BUSINESSES: For Six months. ING ROSKAFT read the Ordinance on Moratorium on Home Extended Businesses for six months. A. Roskaft asked Elaine Beatty, Deputy Clerk/ Zoning Adm. if the Hearing had been properly published and posted. Beatty answered yes. B. Dave Licht was called upon to give an overview of the Moratorium on Home Extended Businesses. He stated that sewer and water may be required to be brought into the community. Extended Home Businesses would then become an incompatability. Wright Co. Ord. has a recall provision which states if there are four complaints it can trigger an Investigation. There is no guarantee that computability will last for a long period of time. We need time to look at things. The Ordinance currently addresses the difference between a Home Occupation and Home Extended Business C. It is estimated that the Zoning Ordiance will be inacte6 in a three or four month period. D. Licht suggested that we should make an effort an a weekly basis to let people know what is being looked at as far as the Comprehensive Plan. E. Morrie Harpster stated this effects Home Extended Businesses with Employees. Dave said if the business is there today, it doesn't effect it. F. Russ Voght asked how the Planning is coming? You want to keep businesses in Otsego. Where do you look? G. Licht said in Merlin Brisbin's case, and in fairness to him they would like to have an area within the City that will be an Industrial Area. That document is under consideration this evening. Russ Voght said he is looking now for an Ind. site but Otsego has not designated an area. H. Licht said as far as the Comp. Plan the City has not had time to designate the area. The Comp. Plan has two hundred plus some acres that will be designated Industrial maybe. I. Licht stated they have identified a six step process as to how we will do this. Zoning will then be based on the Comp. Plan Land Use Map. Voght stateO 101 is the Industrial. CITY OF OTSEGO PLANNING COMMISSION MINUTES OF FEBRUARY 27, 1991 AT 8:OOPM - PAGE 2 - Area and it is high buck land. Licht stated we are not doing this at this time. It is a part of a larger process and we are looking at three months (3 Mo.) time. J. Nancy Burnell asked if someone would come and ask for a Home occupation Business would it be granted? Dave answered it would be considered but it wouldn't necessarily be granted. Licht talked about buying an a contingency so if you don't get the Permit you would not have to keep the property. K. It was asked by a resident if you had a salesman out of town and never came around would he be considered an employee? Licht answered no. L. Brian Jacobson asked if this would effect a 2,000 square foot building that was not being used for a business. Wouldn't effect it if you were not looking for a Home Extended Business Permit and were within the legal size for your zoning. M. Brisbin asked about family? Would a Son be an employee? Licht answered if you live in the main house you wouldn't be an employee. It wouldn't involve any other business if they have a Cond. Use Permit. N. Voght stated that Bill Schultz knew what he was doing as a business and he never was approached about getting a Cond. Use Permit. Licht said we will make note of this. In regards to whether you are a legal non -conforming use or an illegal one, if you were in business before the law was passed you would be grandfathered in. You can put a "sunset clause" on it and close it out in 10 years or so. They have to give you a reasonable time to move that business. The Court requires you to have a reasonable time. Each case has to be judged by itself. If you have a complaint, it has to be determined if there was a violation of property rights. If there isn't, no problem, people would not complain and they will continue with the business. I don It know of any community that wants to take on a problem. 0. Why are you taking an this moratorium? Roskaft stated we don't know where the business will be located in the City and in order to find out what kind of a Home Extended Business ordinance we would have, we have to have time to work on it. It wouldn't be written up as the County Ordinance is. P. Licht, when the Town changed over to a City there was some discussion of a moratorium across the board. The consensus of the City Council was they didn't want to go that far because there were requests that would be fairly clear cut. (the Animall was cited). In January a Moratorium on Billboards was inacted. Frankfort Twp. went thru a major, expensive lawsuit because the County Ordinance didn't define this. In Brisbin's case it was fairly unique where you have Ag Zoning and you could not introduce a business and there is some incompatability that has to be resolved. We are looking CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 27, 1991 AT 8PM - PAGE 3 - at an Urban Sewer District and a Rural Service District. Urban is basically this area of the community where the growth will be concentrated and relates to sewer. The further development is spread, the more costly it becomes. The Urban Sewer District we will get into tonight. Rural is taxed at a lesser rate because demand is not there for services and their tax rates are different. Q. Monday night (2/25/91) the Subdivision ordinance was inacted. Park and Recreation fees in the past have been contributed to the County. $350.00 for Park, $5V OO for Trails. Rural area subdived is one-half the price. R. Home Extended Business where it relates to the Urban District is, how do we approach it? It needs to be defined and to prevent premature development was the -Commissions concern. S. Nancy Brunell - In Hall is, so to speak, she talked about a Home Beauty Business and how it works? If you had it in the home it's a Home occupation Business. Licht talked about the two kinds of businesses and how they work. T. Licht stated that Zoning is a property rights protection. If I go into a Residential Subdivision, I'm expecting it will be Residential not a Business District. Zoning is what is proposed. Elaine Beatty can send out copies of the Ordinance to anyone who wants one in regard to Home Extended Business. (a sheet was passed arouna for anyone who wanted this to sign name and address). U. Neil Goarder stated first you mentioned more that), one employee, what is it? Licht said one or more employees. V. Daycare was brought up and Licht said the State Legislature has exempted Day Care. W. Roskaft asked for Commission to discuss the Moratorium on Home Extended Businesses. Russ Voght brought up that businesses pay the majority of the taxes, residents come next and farmers come next. There are a lot of people looking for business locations. What I am asking is, you guys are the members and you are elected by the public. On Rich LeFobvres land there, there are three people looking at it now. I am looking for a small business by myself. Why don't you put the Industrial off the main track like Elk River has done? Raskaft said these items will be discussed as we go along. Raskaft again asked for any Commission discussion. X. Larry Fournier asked about the 3 months time Licht had stated for the Comp Plan to be done? Licht stated we are now working three meetings a month and the more requests that come in the longer it takes, voght raises a valid point. We want this to be reflective of what this community wants. The more people that show up for these meetings, the better off we will be. Y. Roskaft asked if there was any action? Bruce Rask asked if 180 days is too much? Licht said we can adopt the CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 27, 1991 - 8PM - PAGE 4 - Zoning Ordinances. It can always be recinded by the Council. It is void when the Zoning is adopted. Roskaft stated that if we take applications and turn them down, we will never get anything done. Z. Larry Fournier said in order to help us get our work done faster, I more to adopt the Moratorium on Home Extended Businesses for six months. Kathy Lewis seconded the motion. Motion carried unanimously. AA. Roskaft stated that the Hearing is now closed. 7. Bly, John and Lola Sutherland - (Cont. of Hearing for a Variance for 31sideline setback for a garage addition). PTD 1214-121-001110, Lot 11, Block 1, Island View Estates. 9968 Kahler Avenue NE, Monticello, MN 55330. It was noted that all of the Planning Commission Members had gone on the Site Inspection on this property. A. Roskaft asked for any discussion on this Variance and noted one thing, to extend the Variance to 3' within the lot line, he had observed some big propane tanks that were setting to the back and side of the residents house. If Mr. Bly was to sell the house and he had utilities move in like gas, he would have to have his neighbor cut down the trees to get the propane tank out of there. The gully an the other side of the house wouldn't allow a truck to get in to get the tanks. B. The sideline is to be 301 so he is already under the amount already. C. Fournier asked if there is any alternative site? He would not be able to put it in the front because of the drainficld and it would spoil the looks of the house Carl Swenson stated. D. Licht stated there is a rcviene their and three car garages are familar in that area E. Licht stated they are legal now with there setback because they were there before the Wild and Scenic Designation came in. It is a judgement call on the Commissions part. Is a three car garage a justification, is what you have to decide. F. Fournier asked about the DNR and it was noted that we have a letter from them and they agree basically with NCB's Report. G, Roskaft asked what if the next door neighbor wanted to go 31 on their sideline and then 61 would be the amount of total setback? Where would we go with utilities easements? H. Licht stated that when Mr. Bly came into the Staff Meeting we suggested he acquire some land from h is neighbor. He had indicated it was not a possibility. I. Mark Wallace said we can base it an how Hardship is defined. J. Kathy Lewis stated we would look at it a little differently if he didn't have a garage and she felt 31 is too close. CITY OF O PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 27, 1991 AT 8PM - PAGE 5 - K. Kathy Lewis motioned to recommend denial of Bly's request for the 31 Variance. Bruce Rask Seconded the motion. Motion carried unamimously. (Elaine Beatty will notify Mr. Bly as he was out of town) RUSS VOGHT asked that we check an a building that he is sure does, not meet building code. It is owned by Lee Peterson next. to Sandy and Ron Wright. We maybe should have -the Building Inspector look at -this. NOTE: Bly, John and Lola Sutherland will be on the 3/11/91. Council Meeting. Also the Moratorium on Name Ex -tended Businesses for six months will be on the Council Agenda 3/ -1..]./91 . #4. COMPREHENSIVE PLAN REVIEW: Licht gave the Commission an overview 1. There- are Planning Districts for Neighborhoods. We will bring people in and ask -them for informa,tion, at iy).e c ti rigs. 3. We will -then go over it again. 4. There will then be a Hearing with the Planning Commission. Licht noted that the Comp. Plan lays the basis for the '7oning. Landuse Map would make projections into the future. The Planning Tactics Study said here is the concerns. The Planning Commission, Town Board did that. The decision was made to pursue the Comp. Plan, facts and figur,es about Ot��;Pga. What we have now is, a Policy Document. We want to make this document Otsego's Plan. We are not saying by -this plan that sewer and water iss c( -,)ming. We are only protecting Otsego if that comes. You need to develope with an Urban ,,,rea (dense and transition) a Rural Area (Ag Area and Ag Preservation). If development persists -the way it is, you- have:. ouhave got to conserve that. If sewer and water, come, or at least sewer, that will determine how far out Residential pushes, out. If sewer and water comes, you will rep infill rather than outward cxpansion. Licht stated he needs direc-tion an lot sizes from the Comnii:3:aion/Cc,)uncil/Publ,ic. What we have hex -e is based on some rational: 1. Catagorized Plans a. Natural environment b. Soils C. Erosion d. Polution C, . S-torm Drain IT. Lauid CT P_ a. Indstrial b. Residential C. commercial, etc. ITT. Community Facilities a. Sewer b. Water C. Parks CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF FEBRUARY 27, 1991 AT BPM - PAGE 6 - d. Police e. Fire, etc. 1_'J.chJ- stated that the County Plan is only -,- Land Use Plan. The City is devided into 9 are -as and -these are issues in each area,.. The Policy Plan is where the flexibility exists. it provides written directions as to how matters are handled. Np_xt is gcner;��,l planning concepts. Licht stated that nei�t week '11/6/91 PC meeting he will give a gaphic presentation. He will give a series of issues that. are unresolved Section by Section. It can't be all taken care of next- week. It will take a;, number of meetings. There was more discussion on planning. 35",Q' of our present housing is low and moderate income housing. ROSKAFT asked for any other business. Kathy Lewis stated. that April. 13 has been established for the Elk River Planning Conference or). Saturday morning. Mary Eberly is working up a plan 8 - Noon at Elk River Fire Station is being looked at for a possible time and site. Brii.ce Rask motioned to adjourn the meeting. Mark Wallace seconded the motion. Motion carried unanimously. Meeting adjourned at 10:10PM. JAMES R.KOL,,�.8, SECRETARY 141'' E Minutes by Elaine Beatty, Recoding Secretary