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01-22-92 Planning Commission MINCITY OF OTSEGO PLANNING COMMISSION MINUTES OF 1-22-92 AT 7PM - PAGE 1 - MEMBERS PRESENT: ING ROSKAFT KATHY LEWIS COUNCIL PRESENT: DOUG LINDENFELSER FLOYD RODEN STAFF PRESENT: DAVE LICHT CARL SWENSON JIM KOLLES MARK WALLACE 7:55PM BRUCE RASK RONALD G BLACK LARRY FOURNIER ELAINE BEATTY NORMAN F FRESKE JERRY PERRAULT, CLERK JUDY HUDSON Roskaft called the meeting to order at 7:10PM. He then turned the meeting over to Licht. Licht told the residents that the Thiltgen Hearing is noticed for 8PM and legally we will Hear it at 8PM. He stated we can go over the Ordinances until 8PM and then have the Public Hearing. Licht went over the Ordinances and said it was provided to everyone to take time to review it. We need to go over the Ordinance in place. It can always change later. Licht identified 14 items in a memo he would like to go over with the Planning Commission. 1. Pg 82 - Single Family detached dwelling regulations: A summary is that a single •family property is allowed an accessary building without any special permits or approvals of 750 square ft, with potential of up to 1,000 square feet without approval. Total accessory space can reach total of 1500 square feet. Is this acceptable? It was agreeable. 2. Pg #85 -- a concern on swimming pools is a major concern with a temporary swimming pool, is it regulated by the Ordinance? Answer is no. It is not regulated (we have added in permanent construction. 3. Pg #87 - Item F: Fencing Section - A-1 and A-2 it should read on line #2. The concern was having an electric fence as a line fence. Roskaft asked about survey for fence. Is it necessary? Licht said neighborhood disputes usually surface because of it. Could we put in the Ordinance where a property is Certificate of Surveyed, with survey posts in the ground, that those would not have to be surveyed over. Beatty asked about permitting fences. Are we going to have them get a Building Permit. We haven't in the past. Licht said if you require a permit the fence is put in properly. Permits are required only in platted areas, not hobby farms or rural farm areas. Another thing we need to look at is how do we approach the change in zoning? We won't change what is there today, because there is a potential of so many issues that need to be addressed, you can adopt the Ordinance and what is there is legal now and after the Ordinance is in place(Licht) 4. Pg 106 - D. Pole Buildings Dave Licht read this information. Many times, as a small business comes in they will propose a pole building. Your first commercial buildings will characterize the community and what you allow CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 1-22-92 AT 7PM - PAGE 2 - and how you want it to look. Pg 111. Deals with restrictions for single family owners. In essence, not to allow manufactured homes to develop anywhere in the City. Only in mobile home areas. The main intent is to have mobile homes within a mobile home district. Otsego is unique in that it has this style of development called a mobile home subdivision. Wright Co. has classified mobile homes as a non -conforming use and 1992 or so must be removed if not in a mobile home zoned area. This is not in our ordinance. Licht said he has a hard time saying somebody has to leave their house. You may want a provision to put in a limit of the amortization period, three or four years beyond the County. Roskaft said there are some mobile homes that are not being kept up and they (County) can step in and clean them up, etc. Pg 114. Model Homes and Subdivisions: Allow a permit from the City Council. (interim use) mobile home is reviewed and allowed to be established. You regulate it as a Commercial use, etc. I Pg. #117 - Item F - Says in a residential zoned areas there is a limitation of pounds for vehicles allowed, etc. Pg.#137: We have a mining ordinance and this is in addition to that mining ordinance. Pg.#141. Farms - What we have said is that on family farm, farming is allowed. Building Permits are required on farms and commercial feed lots require permits (PCA regulated). For accessory dwellings, we used what the County had and reiterated what the Council had approved. It is an interim use. This gives us police power. Pg #142 Home Extended Businesses 20-26-7: We have allowed the seasonal sale of farm products. We have allowed that also to be done on farms in other districts, with a Cond. Use Permit which would be a blanket permit for a period of time. Pg #144 Animals - We have gone to fairly specific and limited regulations contained in the Zoning Ord. We have addressed kennels and farm animals have been addressed. Community riding stables are addressed (5 -horses or more for commercial purposes). Rather than to get into all the various types of regulations, we tried to do is that any animal that is not classified and defined as a farm animal, or domestic animal, needs to come thru a Cond. Use Permit process. It will allow us to check the State Statutes. Pg #155. Home Extended Businesses: We tried to incorporate a number of factors that were IJ- previously discussed, unless it is in the A-1 district, it is not allowed. We have classified interim uses for Ag/Commercial/Industrial Zoning areas Illegal, non -conforming business (No permit from the County or they have a permit, but exceeded the permit limits) owner/operator has sixty days CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 1-22-92 AT 7PM - PAGE 3 - to file for permit after being identified by the City, before we would say you have the ability to qualify for interim use. Pg #156. The requirements are listed from Wright County Regulations. The City has the right on how long that business can be maintained. You have potential, per city decision, of up to ten years to have that business for case by case evaluation. Ten years from the date of this ordinance, the business is gone. Pg 158. Interim Use in Residential Zoning District (5 years limit) because it is within an area that is expanding. Pg 159 - Illegal non -conforming uses (Residential District) 20-29-5 allowed Home Extended Business by Conditional Use Permit. We reiterate the County standard if there were two complaints or violations noted, it can be removed. P9 #161 - Daycare Nurseries - Should not be allowed in a residential area. It may take special concerns or requirements. Rask felt he views it as a money making business. Most people work in this community. Bottom line it is a business, not out of the goodness of their hearts. Licht said we are dealing with the care of children in excess of 12. There may be 12 screeming kids out there from 8AM on. School with 100 or so kids in a residential area is a welcome situation. Churches will open to day care_ The State views it as a Home Occupation and the City does permit it. A Home Extended Business as a machine shop has truck deliveries, oil and pollution, etc. Swenson said he shares the same concern. It appears to be an exception and why are we looking at this? Licht compares it to a School, you compare it to a Home Extended Business said Licht. As long as the State allows for up to 12 children, the State will take care of that. 8PM #6. MARK AND LINDA THILTGEN - PID #118-030-000010, Lots 1, 2, 42 and 43 of Riverside Park, Twp 121, Range 23, Wright Co Mn, it the City of Otsego. Request is for a 300 square feet addition onto their house which is located at 10003 Parrish Ave NE, directly abutting the Mississippi River. Applicants are requesting a Cond Use Permit for location of a residential use within a Floodplain overlay and Wild and Scenic Zoning District of the City. A Variance is also being requested because the subject site fails to meet minimum lot size requirements, although it is currently a legal non -conforming use. The four lots need to be combined. Licht presented the request and said it appears to be a relatively minor and the applicant has been put thru a lot of time and trouble on this. The floodplain area they are in the Mississippi River Corridor, subject to stringent area regulations. The City becomes concerned that it meet the particular regulations. The DNR, Dale Homuth has indicated CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 1-22-92 AT 7PM - PAGE 4 - the Cond. Use Permit and Variance acceptability on their part, and we are also recommending approval. Lot size and lot width is at issue. What is recommended is three conditions be attached to the recommendation for approval. Local requirement is there are four lots that comprise the site. at minimum, what we are looking at is that those four sites have to be legally combined into one parcel. At issue is how it will be achieved and the City Council needs to take this up as a policy matter. It will not hold up the building permit on this addition. This refers to NAC's report of 7, January, 1992. Licht said the applicants are here. He noted that there has been property owners in that area that have been precluded from development. This does meet the requirements. It was noted by Roskaft that the proper notices were sent out and the posting and publishing was done. There were no comments from the audience. Licht stated that their combined lots equal 30,000 square feet. Their house is not as far towards the river as the neighboring houses. They have consolidated. LEWIS motioned to recommend approval of the Cond. Use Permit and Variance for Linda and Mark Thiltgen with the conditions listed below from NAC's Report, and with the exception that the City Council would approve the policy matter of combining of the lots. Swenson seconded the motion. All agreed. (THIS WILL PUT ON COUNCIL AGENDA 1-27- 92) SUMMARY OF CONDITIONS: 1. The addition is properly elevated, banked with fill and certified by a registered engineer or architect. 2. The four existing lots are combined into one contiguous parcel and approved by the Zoning Administrator. 3. The existing well and septic system are reviewed by the DNR and City Engineer to ensure proper functioning. 4. That the Otsego City Council will approve the policy matter of combining of the lots. Next on Agenda was the approval of Minutes of 1-8-92. Lewis said she would like to see added to page 6 a clarification to the minutes of "Ag" in the middle of the page. Rask motioned to approve the minutes with the above correction of 1-8-92. Jim Kolles seconded the motion. Motion carried unanimously. Next on Agenda was the election of officers: Ron Black was asked to handle the election by Chair Ing Roskaft. SECRETARY NOMINATIONS: Lewis motioned to nominate James Kolles. There were no other nominations. Vote was taken and all were in favor of James Kolles for the Secretary position. VICE -CHAIRPERSON NOMINATIONS: Wallace nominated Lewis. Lewis nominated Roskaft. CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 1-22-92 AT 7PM- w. PAGE 5 - Nominations were called closed. Vote was by secret ballot. Councilman Roden counted votes. RESULTS FOR VICE -CHAIRPERSON WERE: LEWIS 4 ROSKAFT 2 Lewis received the Vice --Chairperson seat. NOMINATIONS FOR CHAIRPERSON= Rask nominated Swenson, Wallace nominated Roskaft. Nominations closed. Voting was by secret ballot. Councilman Roden tabulated. RESULTS FOR CHAIRPERSON= SWENSON 5 ROSKAFT 1 Swenson received the Chairperson seat_ Roskaft relinquished the Chairperson job to Swenson. Swenson gave a vote of thanks to Roskaft for the last two years of Chairperson job. P.C. then continued on with the Daycare Licht stated we are saying single family or multiple dwelling area. Roskaft said he would lean toward the Commercial area for daycare facilities. Lewis said she thinks the Daycare is more desirable than having three homes around you having up to three kids. I am not for sure that these don't belong in a residential area with the permit process. If allowed, they have to go thru a Cond. Use Permit said Rask. His only concern is it is a great resource for a big income. I am not sympathetic towards a place for kids to be watched. They are not doing it out of the goodness of their hearts. Black asked if this would permit a person who wants to go into business as a daycare operation to purchase a home and make it a daycare operation? It would be allowed as a CUP if allowed. There are stipulations if the Council and Planning Commission would determine that the area is in too close proximity to other residential. It could be determined. It has to meet State Specs. It would be a controlled size of a special building in a residential area. The State regulations control it. You have control of zoning compatibility issues to address. Much discussion was had on daycare facilities. Swenson asked for any other questions. What is your pleasure? Leave it or change it? Lewis said it sounds like it gives the City a reasonable amount of control. Rask said he is comfortable with it. Roskaft felt 50 to 100 children should be in a Commercial area, he can't see the compatibility of a special structure being built as long as up to 12 children can be regulated under the State. The consensus was leave it as it is. Pg #173 Wind Energy Conversion Systems The question is, you can have them on any property if Ag/Commercial/Ind or at least 5A in size.(Fi.l.e PC12492) { y CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 1-22-92 AT 7PM - PAGE 6 - (CONT. FROM FILE PC12392 ) Rask said you can have solar and it is an alternative use for electricity. The concern is an extremely tall structure for a 1A lot said Licht. Rask said if we can't have these, I would like to get rid of solar collectors also in residential areas. Licht said there is a danger of children climbing and children falling, where solar panels may not be as attractive as some people prefer you have to have height regulations. That does not get into the public safety issue like wind energy. Black wondered if you can't accomplish the same thing in a different manner? Isn't our objective accomplished if you say anybody can have one, but it has to be installed so if it falls, it falls on your own yard. Licht said it is an attractive nuisance and relates to the character in an area you are trying to create. Black said he has a problem with that because if a guy has a ham radio he can put up a big tower. Roskaft said the question he has in his mind is "is the tower collapsable?" Licht said for ham radio operators, if you have a ground mounted system, - there limit is 15' height by Cond. Use Permit you can have that go up. You can go 6-1/2' above the roof of the house. j Black asked if this precludes a water pumping windmill? i Licht said not if it is in a height limit. Swenson had a question on Pg. 11 - definitions. (N-1). Licht said it is taken directly from the uniform building codes. SIGN REGULATIONS: Clem Darkenwald was here when we discussed this the last time. We proposed to compare the Darkenwald Project #42 and #101 with the existing ordinance and new ordinance. In a summary, the freestanding sign is approximately 12' too high. The County Ordinance does not recognize multiple signage. There is a violation with portable sign and banners. (See attached report from NAC. He was concerned that existing signs would be non -conforming. It was built with a permit, it is existing and there are not that many signs in the Commercial area now. Our feeling was that it is not a significant enough problem to get into it. We have revised that Ordinance to let this sign exist. If it is blown over or in a tornado, then it ceases to exist and at that point it should be brought into compliance. Twenty feet is the height of the Commercial signs, per John Darkenwalds question. Elk River has 28 to 30 -something for sign heights said (� Darkenwald. It is a judgment call said Licht. You regulate it by sign height and number of signs. Darkenwald felt 20' JJ j -.� U is too low. More discussion was had on signs. P!g 207-A Motor Fuel Station ( Signs) - Licht read this and explained. John Darkenwald said he didn't feel they should have any regulations on what people put in their windows. I can't allow. You would be less than the communities around you. Licht said we are trying to allow identification without.clutter. Darkenwald said depending on CITY OF OTSEGO PLANNING COMMISSION MINUTES OF 1-22-92 AT 7PM PAGE 7 - location. Wally O'Dell asked why in the context of the sign ordinance, what is the good of fixing a specific height? Licht said public safety is fundamental. A sign has a function. Much more explai nation was given. Licht referred to Crystal sign ordinance and Bass Lake Road and the sea of signs. You are talking of a rural area, not urban and nrot that much commercial potential, said Darkenwald. Licht discussed signs and his experience with signs. It was n 4oted that billboard signs are prohibited. Present shorelands regulations allow a maximum building height of 25'. The shorelands regulations do have to go thru the DNR. The ether thing is the DNR proceedure for lake front or riverfont -lots. A vast majority of the Cities do not allow these Lots. Right now those are not allowed in the Ordinance. You either have riparian rights or you don't. Roskaft brought up Pg 2 - C typo Pg 62, A & B ( should read any) 29.E-7 Partywall (why?) It is a property line fire wall and is a building code description. f Licht said the ordinance distributed tonight is Boilerplate DNR and if Otsego has more strict regulation, it. applies. The State will tell you what applies. Lewis brought up #4 on the agenda by-laws, length o -F terms, procedure for applications and appointment. Swenson said he has been thinking about that too. Swenson had some by-laws from Apple Valley and the estate Planning Commission has recommended by-laws. Swenson recommended a sub -committee to go over this information and recommend it to the Council. Lewis said she will be willing to work on it. Wallace would volunteer also. Swenson said he would set in if they wish. In the next couple of meetings, maybe something can be gotten ready. Licht said lst meeting in February they will be her � with Zoning Maps. After mid February, you are ready for an informational meeting. Licht said he felt it should be held at the Elk River School. Lewis motioned to have an informational meeting on 2-19- 92 at 7:30PM at the school in Elk River. Wallace seconds d the motion. All agreed. Beatty will check with Community Ed to see if school is available. ( It will be at 7:30 2-19-92 at Vandenberge Jr. Hi School, which is the next school W of the High School - Use the East entrance closest to the HILgh School. Roskaft motioned to adjourn. Wallace seconded the motion. Motion carried unanimously. JAMES R LES, SECRETA Y BY: Elaine Beatty, Recording Secretary EB