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