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12-04-91 Planning Commission MINCITY OF OTSEGO PLANNING COMMISSION MINUTES OF 12-4-91 AT 8PM - PAGE 1 - The meeting was called to order at SPM by Carl Swenson in Roskaft's absence. The following members were present: MARK WALLACE LARRY FOURNIER KATHY LEWIS JIM KOLLES BRUCE RASK CARL SWENSON The following staff was present: Dave Licht Elaine Beatty Judy Hudson The following Council members were present: Doug Lindenfelser Ron Black Kathy Lewis motioned to approve the 11/20/91 P.C. Minutes. Bruce Rask seconded the motion. Motion carried unanimously. .john LeFebvre Rehearing of PID#118-500-221300 at 8585 Parrish Ave NE in Sec 22, Twp 121, R23 unplatted land NW,SE & SW NE EXC S 2RDS NW SE. Request is for a mobile home for farm use as allowed in Sec 604.4 Cond Use of Gen Ag Land. Mobile homes are allowed as accessory to farm operations. Rehearing is for more findings of facts. (Hearing was 11--6- 91). Licht gave an overview of the LeFebvre request being returned to the Planning Commission. Larry Fournier said that the Council felt that someone representing the applicant should be present and that was the major reason it was sent back for more finding of facts. Doug Vorderbruggen who was at the rehearing said he works for John LeFebvre on the farm with him and he needs someone there at night in case he falls as he is an ivalid. Mr LeFebvre needs someone next door just in case of an emergency so he can be helped. Mr Vorderbruggen stated that he is engaged full time on the farm and has no other job. Swenson asked if there is anyone else in the audience that has any questions? There was not. Fournier asked if there is any chance that he can hook his sewer and water system up to the existing one? Mr. Vorderbruggen answered that he did not know but as far as he knows, they would be putting in a new well and septic system. Fournier said there is some concern of the Council with putting in a new well and sewer system and it would be a better situation if they could hook up to the existing one. Lindenfelser said he thought the first applicant was Dave Sheppard, but he also realizes there is a need for they have met with John LeFebvre several times. Mr Vorderbruggen stated that it would be a new trailer owned by Mr LeFebvre. Larry Fourner asked if there is a full time employee on the farm, does the Ordinance allow for a trailer home on the property? Answer was yes. Swenson asked if anyone feels we need anymore facts? It was stated that it appears we have a full time employee and on the surface it meets the requirements of the Ordinance. Licht stated that the trailer is put in as a Cond. Use Permit and when the full time farm worker ceases, the farmer CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 12-4-91 8PM - PAGE 2 - takes the responsibility of taking the trailer downy as well as setting it up. Swenson asked if the LeFebvre family knows that the trailer can not be used as a rental unit for another family member? Answer was yes, he knows that. Licht stated that the stipulations of the Council decision will be put in writing and mailed to the owner of the property (Mr John LeFebvre). Swenson asked who's responsibility it is to monitor use? Licht said it is the owners responsibility to come in and verify the situation. Black asked if the verification includes the providing a copy of the employees tax return? As part of the review process it should be required that the person be documented as employee by a W-2 form, said Black. This is just a thought and at this point I have not hexad anything that this existing sewer and water can't be used for the trailer. Otherwise he stated he felt there would be problems. Swenson asked for the Commissions ideas on this request. Rask motioned to approve the request for a Cond. Use Permit for a farm mobile home with the following stipulations added= 1. Proof of employment be varified by submitting a 1040 form each year when the applicant comes for review. 2. The existing sewer system and well be used for the trailer. 3. That before the trailer is moved in, a building permit be obtained and the City Building Inspector handle the inspections. Lewis seconded the motion and added that the above three items be added to the six (6) items on NAC's report. Motion carried unanimously. The six items on NAC's Report are as follows: 1. A site plan is submitted to provide an assurance that the accessory mobile home meets applicable A•-2 performance standards. 2. The proposed mobile home utilizes an existing access to the applicant's property. This issue should be subject to comment by the Wright County Highway Department and City Engineer. 3. The subject proposal is subject to comment by the city Engineer in regard to sewage treatment and drainage. 4. The applicant submit verification/documentation, on a yearly basis, from a qualified doctor that full time care is necessary for him to conduct his farm operations. 5. If the supervisory need for the mobile home occupant is terminated, either the occupant must assume full time employment with the farm which is essential to the farm's operation or the mobile home must be removed from CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 12-4-91 8PM - PAGE 3 - the premises within 90 days. 6. Comments by other City Staff Next on the agenda is the consideration of amending Otsego's Subdivision Code relating to the placing of monuments by registered engineers. Section 21-8-1 Monuments to read as follows: 21-8-1: MONUMENTS: Monuments shall be placed at all block and lot corners, angle points, points of curves in streets and at intermediate Points as shall be required by the City. Monuments shall be metal and shall be placed by a Registered Land Surveyor. Monument placement shall meet the current accepted standards of practice for surveying including the Wright County Surveyor requirements. Licht noted that the only correction is one word in the proposed ammendment to the Subdivision Code. He passed out a revised Ammendment Ordinance which has been changed to read Subdivision Code, not Zoning Code. Licht also noted that only a Rgg.,i-st-er,ed. Land 5ur,ve,ynr.. can place monuments not Registered Engineer as the original Subdivision Ordinance reads. This was brought to our attention by Taylor Land Surveyors. Lewis motioned to ammend Section 21-8-1 of the Subdivision Code as outlined in the attached ammendment. Rask seconded the motion. Motion carried unanimously. Swenson asked if there is any other business? Licht said he had two things. One is the Zoning Ordinances, the other is the Riverwood PUD Contract. He went over it with the Planning Commission and explained some parts of it. He stated that plans are attached that have been approved. The uses that are allowed are specified in detail. Secutity deposits are utilized many, many times and approximately $70,000.00 is what is being proposed for Riverwood. This includes security for parking lot, driveway and landscaping improvements. This agreement has legal teeth and money also stated Licht. It has been hard to get this across to Riverwood, but hopefully Monday night (12-~9-91) we should be able to have a signed copy of the PUD for the Council Meeting. Next on agenda was the Industrial Zoning Districts. The Business Warehouse has been revised said Licht. It is ment to accomodate retail establishments (lumber yards & warehousing). We view it as a transitional type of district. Possibly along #42 between 101 and 39, fronting 42 only. It could be utilized. You want it close to 101. The area immediately abutting Hwy 101 is the second zoning industrial district that we are talking about on Page #180. A major factor of this district is that there can be no outside storage in this district. Everything is inside. Without outside storage, it will enhance that district even more. Swenson asked about the limit of hours of operation (6AM CITY OF OTSEGO PLANNING COMMIMSSION MINUTES OF 12-4-91 8PM - PAGE 4 - to 1OPM). He said it doesn't seem right. Licht said that is only the sales part of the operation. Black asked about outside storage. How is that defined? Does that eliminate lots for autos, etc? Licht said yes, those are in the BW district. This is in the BC district. The third industrial area I-1 Limited Industrial District. This is low intensity in the center of the City. One major difference is that it accomodates the now home extended businesses. The lot size regulation is down to one acre. The final district is I-2 Limited Accessory Retail. This is more in the SW corner of the City. You might want to see the BC District along I-°94, because you have high visibility. As you come back toward 37 you can have I--2 district. We are providing opportunities for all types of development. The key is to have those areas reserved, so you have it, said Licht. Fournier said that what we have sounds good. Licht said he will be comming to us with a Zoning Map in the next two meetings. It is up to you if you want to have a meeting next week or not to discuss the Sign Section of the Ordinance. We need to let the various people know when we will be discussing it. Licht suggested the Planning Commission give them a chance to talk and then the Planning Commission debate it. He suggested that the PC review the information they have received on signs reviewed in detail. Black stated that maybe we could have Charmaine Borranco put this meeting of 12-18-91 for reviewing signs in the Star News to notify the public. Beatty will talk to Charmaine about same and notify the people that have requested to be notified. Licht noted that Kent Nielson, who owns two lots in Island View Estates has had more surveys done on Lots 10 and 11 and if he would have done this earlier as suggested, he would have had no reason to come thru the PC. He had been scheduled for the 12-18-91 meeting, but Licht's office is reviewing the survey and will let us know. Licht wanted to know how the PC felt on accessory structures on platted properties? 1500 Sq Ft? Is that what you want asked Licht? Yes was answered. Licht asked if they want it to be automatic or with a Cond. Use Permit? The concern is that you can say 800, 900 or with Cond. Use 1500. Licht said his concern is if you want to make it automatic? You have a better chance if you specify as part of the Cond. Use Permit that there can be no Home Extended Business use, etc. Fournier stated it seems like a good idea. Licht stated that in platted areas most communities will allow a 3 car attached garage or a 2 car unattached garage. (750 feet approximate). Anything over that would require a CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 12-4-91 8PM - PAGE 5 - Cond. Use Permit. The 2 car garage attached is part of the 1500 sq ft. Do you want to say 1500 sq ft or 1000 sq ft, or make it unlimited, asked Licht? Black said it would seem it would be passible to accomodate whatever the needs are, providing there are some strings attached such as building materials and use limitations. Building materials have to be similar or matching to the principal structure. Maybe the issue will resolve itself that way. Licht said he is in agreement with that. Swenson said he is foggy on whether or not you include any attached part of the house. If he only has a two car garage, he does not need another garage or accessory building as big. Licht said he would prefer to say so many square feet of accessory space. There was much discussion on accessory buildings. Fournier stated he thought we had said accessory, plus your garage. A Cond. Use Permit is better than a Variance said Licht. Most Cities that he knows of regulates the tota accessory space on the lot. The P C was in agreement that the agreement that the accessory space is what will be used, not the accessory building. Rask had a question if someone connected their garage, how much accessory space would be allowed? Discussion was had on same. 750 square feet unattached garage, 1000 square feet attached garage could be used. Licht said if you use 1500 square feet for a guideline then you can address special requests. The suggested Cond. Use Permit 1500 sq feet and any request above that would be considered. Fournier stated he would like to not have the garage considered accessory. Any attached garage up to 750 sq feet would not be counted. It was noted that 750' attached, 750' that the owner could decide, the next 750' would be a Cond. Use Permit. Black stated he had a problem with prohibitions without consulting residents. More discussion was had. Black suggested no Cond. Use Permit, but beyond a particular range you need to specify the type of building. Swenson stated on one acre lots it will impact the neighbor. The garage should look like the house said Black. Swenson stated it looks like we are going around in a circle and we need to settle on something here. We need a specific. Licht will get something in writing and bring it back to have the P C look at it. Home Extended Business. None in Urban areas. In the Rural areas how do you wish to address it? Fournier stated it would have to be a Cond. Use Permit. More discussion was had. Licht said that Floodplain/Shorelands and Wetlands will CITY OF OTSEGO PLANNING COMMISSION MINUTES 12-4-91 8PM - PAGE 6 - be boiler plate DNR, but they will be brought to the P.C. Licht asked if the P.C. wants to allow residential and non-residential activities? Fournier said yes. Licht said if you do allow it, it should be interium use only. You have to allow these people some transition time. If a business moves in you have the rational to say you have to move in so much time. Fournier stated if we choose that route, we need to identify those people and let them know. We can have them identify themselves or they are non -conforming and can be forced to leave said Licht. Black asked what areas would this apply to? Only in the Commercial or Industrial Areas, not residential areas. Swenson asked how we handle residential areas? Licht answered to say here's five years maximum or depending on investment we have to phase out in a certain amount of time. The City has a responsibility to try and make the transition occur. The interium use would be identified in the Industrial and Commercial areas. Licht said that on the 18th of December the Zoning Map will be brought to the P.C. The concern is Highway 10 and used car lot discussion. #42 and #101 and the new #37 and #101 is for Highway Commercial uses. #39 and #101 would be the General Business District. Neighborhood Commercial Zoning has some flexibility. It was discussed and the election of officers will be at the first meeting of January. The meetings in January will be the 8th and 22nd. Beatty will publish and post. Licht stated that by the 8th of January we should be able to conclude the Zoning Ordinance discussion. Early February the information meeting can be held and the offical public hearing can be the lst part of March. Fournier motioned to adjourn the meeting. Lewis seconded the motion. Motion carried unanimously. IOPM meeting adjourned. JAMV R KOLLES, SECRETARY MINUTES BY: Elaine Beatty, Recording Secretary