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02-19-92 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES SPECIAL INFORMATIONAL MEETING AT VANDENBERGE JR HIGH SCHOOL IN ELK RIVER ON ZONING ORDINANCES 2/19/92 AT 7:30PM Chairman Swenson called the meeting to order at 7.30 PM and gave a brief statement of how the meeting was to be run and introduced the City Elected Official and Staff. P.C. MEMBERS PRESENT: CARL SWENSON, CHAIRPERSON RON BLACK (COUNCIL REP) MARK WALLACE BRUCE RASK ING ROSKAFT KATHY LEWIS JIM KOLLES COUNCIL MEMBERS PRESENT: NORMAN F FRESKE, MAYOR FLOYD RODEN DOUG LINDENFELSER LARRY FOURNIER STAFF MEMBERS PRESENT: JUDY HUDSON, SEC. ELAINE BEATTY, DEPUTY CLK, JERRY OLSON, BLDG. INSP. ZONING ADM. ROBERT KIRMIS, ASST. PLANNER DAVE LICHT, PLANNER Swenson turned the meeting over to David Licht, City Planner. Licht stressed this is an Informational Meeting and said we are asking for input from the residents. In review we can't get to detail tonight. This is a 400 page proposed Ordinance. We will attempt to respond to your questions or you may have to contact the City Hall, or you may be contacted by NAC, said Licht. The reason for going thru this effort is: 1. It was mandated by the State Municipal Board. ?. The present document is the Wright Co Ordinance. (It is not geared to development situations). The process needs to be completed for Zoning Ordinances. In doing so it is not the end of the process. It will continue as adjustments are needed. There are procedures to follow. The Subdivision Ordinance has had two changes since it was originally adopted (amendments). We hope the same process will occur with the Zoning Ordinance. Licht identified how the Ordinance was formulated. with the draft corm first, the changes were made and subsequent review was done and what we now have is a redraft. The next step is a series of revisions. The last step is to handle an,,- amondments . (any anticipated changes) . The primary ordinance is dictated by the State Statutes. 7 -'he existing zoning is taken into account. Zoning deals with new developments or if you have property and changing it. The existing development. current state statutes need updating (We attempt to keep the ordinance current). We have regulations built into the Otsego ordinance: which protect a%ainct adult uses. What influenced the Otsego Ordinance:' Comr, Ilan - Urban development recognition has not been taken into account. in present ordinance mracri Ui-t-,an and 'i -?Cognizes 'he CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF THE SPECIAL INFORMATIONAL MEETING AT VANDENBERGE JR HIGH SCHOOL IN ELK RIVER ON 2-19-92 AT 7:30PM - PAGE 2 - Confinement of urbanization is also a part. Complaints are a basis of the ordinance and call attention to things which need to be addressed. PUD is a technique which is presently lacking in the regulations. It has gone thru the Process and is incorporated into the new ordinance. Conditional Use Permit in the Ordinance we have explicitly spelled out. Interim uses is a means to accommodate. The ordinance attempts to eliminate uncertainty. In the Commercial area, Commercial use, all you were allowed to do was have a specific activity under the County regulations. We have defined under the new ordinance those activities which are allowed. (without coming back for approval). Guidelines have been provided so there is not uncertainty. Cond. uses and interim uses are listed. Flexibility standards listed are considered to be generally the minimum. Variance process was followed in the past. Another procedure is a minor variance procedure. Future change and ad.justment is expected (we expect change to occur) ACTUAL TEXT HIGHLIGHTS - 1) Administrative element-- 2) lements2) Application process (general performance standard) 3) Zoning Districts themselves Administration elements have been adopted because application procedures with Wright Co were not applicable to Otsego. Licht went over the sections. SEC. 15 Gen Adm: Non -conforming lots. buildings. uses and structures. We have attempted to introduce a great deal of flexibility. It You have a house that is non, -conforming, the Wright Co ordinance said you can not expand. New ordinance sa„s Cond. Use Permit you can expand as lona as you don't increase the non -conformity. Dwelling unit restrictions are a camper or tent can not be used as a house or living quarters. ,accessory Buildings - After lengthy discussion the text will be changed to lboo square feet of accessory space. ( Garage and all accessory space- in yin<le family proPert•,1. Property larger than one acre. it will be allowed based on lot size. Swimming Pools - Licht explained fences and what is allowed. Drainage plans Otceno has had !`1aJor problems in the past. If you have a problem lot it needs to be reviewed by the engineer. Refuse -- Regulates storage and where it .should be Piaced. L i c h t went ^r the rest of e3c . 16 ;'3UJ_i-±`.`rig height can be exceeded wi-h 3 Cond. Use Permit. Nl_-, in -r n is h e d ma_ C,._. l d e d c : L J, C:wed .. L 1 l ”! �_ �I'' ! l,i (li `.. I ' � ., i � i ;'. ". : ': : ". ? I l �� a l �'� T � y_ I,� � i •.;i ; I ,:r. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF THE SPECIAL INFORMATIONAL MEETING AT VANDENBERGE JR HIGH SCHOOL ON 2/19/92 AT 7:3OPM - PAGE 3 - of development can occur on a lot. Mobile home is not able to be located on a lot, unless it meets UBC Codes. Unless it is mobile home Park zoning districts. The amortization period that Wright Co had adopted has been dropped with this code. Model Home interim -use permit required. The present draft indicated that any new developments have to pave Parking lot. The ordinance does not allow the parking of semi --vehicles in residential property, it is basically a violation if occurring today. Farms - No major change from current Wright Co Ord. Animals - Hobby farm is an area of concern and domestic animals in urbanized areas. You can have a horse in 2-1/2 aeras. Cond. Use Permit needed for animals, other than domestic. Home Occupations - Were allowed by the Co. and proposed to continue. There are two categories- 1. Permitted - Office in house and Permit needs to be obtained. Special Licht went over Home Extended Businesses. In A-2 District they are allowed only with a Cond. Use Permit. (Licht went over the rules). If the business is not approved, they need to get an interim use permit which will be good no more than ten years if determined acceptable. The City can zone PUD. it is expected that the Home Extended Businesses will come forth and be identified. Council and Planning Commission will be given opportunity to say is this acceptable. In residential, five year limit with a permit. if identified. Day Care Nursery is a special home occupation license. Interim Use - you can not Put a time limit on a Cond. Use Permit. If you sell the house, a Cond. Use Permit doesn't go with the property is one way to handle it. PUD - Licht went over (Riverwood Conf Center was mentioned) Sian Regulations We now have a poor one said Licht. We have gone into detail and it does not allow billboards. We now have limited signage in the City. Unless signs out there are illegal. they will continue. ( Dar kenwald was discussed) . You need to give everyone the same opportunity. ?ones - proposed and existing ( Licht went over) „-1 one Per 40 split lot size ur. to lo >tcrzs if ,you can prove a need or bad an land. R-1 is now R-3 under the new zoning Licht. finished goinq over the index. :-horeland/Floodp.l_ain/ W dictated b,�,, the State and Federal. Licht discussed the Wild and Scenic and Commercial aroa by ?#101 with the public. Thr, r that = i n d 1" .._ _ . � _ Tl �;J 1 . "1 1 11 o and h; will re._id t'.h•, CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF THE SPECIAL INFORMATIONAL MEETING AT VANDENBERGE.JR HIGH SCHOOL ON 2/19/92 AT 7:30PM - PAGE 4 - name and ask them to use the mike and limit the time to three minutes. If time permits, go around again. There was a 10 minute break and reconvene at 9PM. Licht stated that the zoning that is now in place will sta•,' when the zoning map goes into effect. 1. WALTER J. STEINER, SR. - 8185 NE RIVER RD, He owner 54-- 1/2 A. S .& E of John LeFebvres property. Has contingent offer for area developer to be zoned into one acre lots. He requests the Commission to grant this request. 2. WALLY O'DELL - DARKENWALD, INC_ Asked what is required for voting? - Licht 4/5 vote to amend the text. For other it is 3/5 vote. State law requires the amendment process to be 4/5. He has a concern of the general sign ordinance. He has a lot of experience with brokers and developers and recently we have done development. I feel the sign ord. is restrictive, there is an outlot required and a homeowners assn. required. These are costs you don't normally run into. Freestanding sign height. 20' limitation is very restrictive. We feel Rogers and Elk River have speed limit of vehicle taken into effect. I have compared standards of this ordinance and other ordinances (for Otsego, Elk River. and Eden Prairie). We think it sends the message this is a tough place to do business in. Licht said flag poles are exempt from height limitations. JOHN ANDERSON (didn't speak) RANDY THORENSON (didn't speak) MERLIN BRISBIN - Wants to know what is a lawfully approved Home Extended Business ( now) Licht said under Wright Co Ord. which has been in affect for tun to fifteen years, a Home Extended Business, is a Cond. Use Permit that has to be on file on record from the Co. and meets stipulations that are imposed. Ag/Ind./Commerc. - No limits it is what Co. approved. If it was arnroved. it is there. Brisbin asked if you have an employee you can have a Home Extended Business? Licht said no. you need to read the Ord. as to how it reads. The- drainage portion of the rules can conflict on site said Brisbin. He asked if the City Ener . is Certified with the ,estate of Minn.. Answer Yes. KATHRYN M CLAYTON -- ",hu is building in Island View Estates and does she need to have a Raved drive? Licht said No. Any new subdi'•.rsion do. STAN SHUSTER - Asked if we have any plans for persons with >lummy and It depletes prOpeY-t;! values. You are dealln-C, with a code enforcemE:nt problem. Enforcement is diff i cult ._Z i_: !__ _chi.. You hat,/ -e t be r a, 3onabl•� . It ::s an expensi'...-:e iCc ?nd "he Co has not at.tant i'. e to 'if". Zt-. ti�nds d• MR`_; DAVID PETER`:ON - r,m r l I;. c1. _ iTl<�� out ran there for one to two hours and then he is qone. If it is CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF A SPECIAL INFORMATIONAL MEETING AT VANDENBERGE JR HIGH SCHOOL ON 2-19-92 AT 7:30PM - PAGE 5 - parked on the street and left for a couple of hours it Probably wouldn't be a problem. Most streets in the residential areas aren't designed for 18 wheelers. If streets need to be redesigned and paved it will be assessed to the property owners. There is a safety problem also. We need to look at in an individual basis. CHRIS AND CHUCK WAKNITZ -I hear a lot of proposals and things in the City. House next to me is completely burnt out and lets start taking care of junk for now and work yourselves into a Home Business. Licht said problems are recognized. The City is in a period of transition. Licht said he had done 75 to 100 of these plans and has never seen a community address these things this fast. The County had the enforcement until this last Fall. We can now start to address it_ Licht said they should call Beatty and identify the problems. Mr Waknitz stated he has a summertime business and I store my vehicles from May to September on my property in Otsego. I get my mail in Elk River and I don't see a Post Office in Otsego. BETTY STEINER- Stated she has a farm up for sale and have someone interested in buying the farm. It is restricted to 2-1/2 A. She asked about horses on this Property. Licht said in the draft Cit; Ordinance it allows for horses on 2-1/2 Acres. Mrs Steiner stated that they had a family interested in the property and wanted a horse and a cabinetmaking shop in the machine shed. She said it sounded tame to her. Licht said under the Co.Ord. there was ,Potential for it with a Cond. Use Permit. but under the proposed City Ord. it is not a use. Reason is that resident-- end esidentsend up being in competition with business. Licht sited an example and said tax base is another thing. The City needs tax base. There is a homestead credit on the home for Home Extended Businesses. The idea is to seperate residential from business from her-- on out. There is a member of the board who's family rents farmland from Steiners and she hopes- it opesit won't be a problem. Licht sand no. TOM NICHOLS - ELK RIVER/ROGERS VFW REP stated that last fall they were turned down on a community center. What is a Butler Bldg? Licht said not a pole 21dq. A metal building needs Nome siding. VFW has been looked upon positively from the City's Prospective. Standards were not in writing, but are now. Certain zoning districts require more regulations than oth--rs . Give Licht aall , or Beatty, R•.6 is the Zoning r,i-oposed. 1_1cht said that's a long term and most districts tla�. interim LASes. :anci C < rlci. Uk P; unit.:::; `01- &,:)MMunity l_.n<1 inin� ')n 1.n it a big t�i11 and :J%.= i1 L') ! :, e t; b<_ 1:i 11 E- -')u i'' I;JC : J.l 7A r u\ 1 F ti, CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF A INFORMATIONAL MEETING AT VANDENBERGE JR HIGH SCHOOL IN ELK RIVER ON 2/19/92 AT 7:3OPM - PAGE 6 - Beatty at City Hall). KEITH FRANKLIN - FRANKLIN SIGN CO_ Referred to the sign ordinance. I ask that there be billboards allowed. Tourism is Minn. largest industry and I ask you to allow billboards but restrict them. It is a legal form of business. I hope you will consider allowing it on #101 if nothing else. Rask stated that it is really the only business we are restricting Is it legal? Licht said yes. RANDY THORESON - Said he has a major water problem 2-1/2 to 3 miles he drove with maintenance worker to look at this problem. This is an eyesore. It will cost me $1,000.00 to have a dozer clean up. I have kids that play in it. The water runs very fast there. It looks like the area has been hit by scud missile. They wanted me to sign a 30' easement. 13477 NE 87TH ST is the address and is where he lives. Swenson thanked all the people for coming to the meeting. Meeting adjourned. JAMEP R KOLLES, SECRETARY By: Elaine Beatty, Recording Secretary eb