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02-03-93 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 2/3/93 AT 8PM - PAGE 1 - The following Planning Commission Members were present: ING ROSKAFT MARK WALLACE CARL SWENSON BRUCE RASK GENE GOENNER JIM KOLLES RON BLACK/CR The following Staff was present: Bob Kirmis Elaine Beatty The following Council Members were present: Larry Fournier Norman F Freske, Mayor At 8PM there was a call to order by Carl Swenson, Chair. Roskaft motioned to approve the minutes of the Planning Commission of 1-6-93. Rask seconded the motion. Motion carried unanimously. HEARING Initiated by Thomas D Juergens, DUM for a CUP to build a Vet. Clinic on PID #118-500-352100 in Sec 35, Twp 121, R23, Unplatted Land Zoned A-1 for Anoka Equine Veterinary Services. Chair Swenson explained to the group how the Hearing would be conducted. He asked Beatty if the proper publications, posting and mailings had been completed. Beatty answered, yes. At this point he turned the meeting over to Bob Kirmis from NAC, who explained NAC's Report of 1/22/93 for the Vet. Clinic. The business history is that Dr Juergens came before the Town Board and obtained approval for a vet. clinic on the property. He never proceeded on to the County for their approval so there are no essential grandfather rights. The Land Use designation for this area is highway or neighborhood commercial. NAC feels it does meet the goals of the Land Use Plan. See attached recommendations 1 - 20 from NAC's Report of 22 January 1993 enclosed. #2. Has been responded to. #10. The applicant wishes to respond to that. #1S. We have received comment from Dave Montebello, Wright Co Asst. Hwy Engr., and he had no recommendations or problems with the request. RON WEST - Represented Dr Tom Jeurgens and he said the building is a concrete block building. PUBLIC COMMENTS WERE ASKED FOR: GREG KNOLL= His concern;was there any dogs being housed in the building? He was told there would be only horses. KIM VOLLER= Works with Dr Jeurgens. She stated that this facility is a Equine Facility strictly. NORMAN F_ FRESKE, MAYOR OF OTSEGO: Read a letter from Gilbert M Darkenwald in favor of this request for a Vet. Clinic. DAVIDSON: Questioned if they would have boarding of horses? Kim Voller stated that some horses may stay for a few weeks. Davidson -- Stated he Would like to see the building closer to #101 instead of #37. Chair Swenson asked for any other comments. None were CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 2/3/93 AT SPM - PAGE 2 - had. At this point the meeting was returned to the P.C. RON WEST - Went over NAC's Report Page 2, #1 - Screening. They propose to use the natural screening that is there. He showed pictures of the natural screening between the farm house and the neighbors. He said the setback is considerable distance. Kirmis said the intent of the Ordinance is to insure there is screening. They would like to work within the natural screening said West. #2 - Has been taken care of. #3 - Tom Juergens is in agreement that he wants the house removed when 101 is completed. We can work with it said West. #4 - It is coming down anyway. #S - Has been completed with new plat plan. #6 - Identified semi area turn -around. #7 - Designated area for loading has been done. #8 - Site plan has been taken care of #9 - Medical waste is disposed of in biological containers, and PCA approved disposed of. #10 -It is difficult when loading and unloading horses that are frightened and in pain and the blacktop is slippery. The horses can slip and injuries occur. It is not for the benefit of the horses. They can flip over. In Kentucky, they would have a couple of areas of crushed rock or gravel. They would like the unloading areas gravel. #11 - Continuous concrete curbs with blacktop parking for Vet. parking and there is an area for curbs next to the building. They would like the class 5 or crushed rock for driveway and loading area. Swenson asked if this would meet the ordinance. Kirmis said it would. Rask asked where the tar would be and they looked at a revised site plan. Where the cars park, it need to be paved. The curb and pavement and where it would go was discussed. 12 - Conformed to 30' radius. 13 - Conformed to lighting. Lights located on the building. 14 - Signage will conform. 15 - Wright County Highway Department has OK'd 16 - Conformed to 17 - Revised plan has been approved by the Engineer and fencing provided to the drainfield and future drainfield. 18 - Waterline provided and well tested and copies of test available. 19 --- They are willing to work with the City. 20 - OK The only problem is gravel and blacktop and curbs. Roskaft asked if the clinic is supervised all night long? AI)—,:'; r [f hnrses need .-are thru the night there= wi11 be CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 2/3/93 AT 8PM - PAGE 3 - someone there, but, not constantly. It was asked if they are planning for sprinkler systems? Answer was no. The building is all concrete and is closed off from the front office. They are putting in a security system, fire detection system, but not sprinklers. Roskaft stated he would like full size site plans. He asked if the rest of the site is fenced? No they have asked for a building permit for the 60+ acres. They do not plan to pasture horses. They feel the Ag land will be rented as it has been in the past. Roskaft was concerned with weeds. They assured everyone that Tom Juergens is the last person that would want weeds. Wallace said that on #11 - on continuous curb we have the Ordinance because we want our City to be a first class City. I don't feel that is something that should be allowed to be pulled out. He felt that the Ordinances should be followed and they should be willing to look professional. Rask asked if we could go with natural berm in the gravel area? Goenner said the concrete curbs in the unloading area could be a hazard. Kirmis said it should be looked at by the City Engineer to insure no negative impact. There are two stalls by the old farmhouse that are driveway parking area for the house. Roskaft asked when the clinic is proposed to start? Answer was within 60 days. The house may be rented out to a visiting vet and be used for file storage, etc. Black stated the house should not stay after the C.O. is issued. When Scharber's plat went in there was a request to leave the farm building, but they were not allowed to. West stated that they would be willing to put up a surety bond to insure that the house gets moved. Wallace asked if they would guarantee it be used as storage or a house? Kirmis said we can add it as a condition. Wallace motioned to approve the Conditional Use Permit based on the recommendations from NAC and taking in all the gravel loading and unloading and to insure that there is continuous perimeter curb provided around the entire parking area and provide that the existing farm house is not to be used for a living area until it is removed from the site and with the 20 conditions of NAC's Report of January 22, 1993, with item #3, "the anticipated update of #101" reference be deleted. Goenner seconded the motion_ Goenner said maybe it can be worked out with the Engineer and Planner that maybe the two stalls for house parking are not needed. Black suggested that Item #3 delete the reference to the Hwy #101. ( See Motion) W( --tet said Lf the: kA , -,-e the fa) -m house Foi- `3torage can it CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 2/3/93 AT 8PM - PAGE 4 - (Note= This is corrected page to replace) be an accessory building? Answer was no. Motion carried unanimously_ This Vet. Clinic Conditional Use Permit will be brought up at the Council Meeting of 2/22/93 at 7:30. ELECTION OF OFFICERS: CHAIRMAN: Rask nominated Carl Swenson as Chair. Wallace Motioned to Close the nominations. Motion carried unanimously. CARL SWENSON was elected CHAIRMAN VICE CHAIR: Goenner nominated Rask, Wallace nominated Roskaft, Goenner motioned to close the nomination. Motion carried unanimously. ING ROSKAFT was elected VICE CHAIRMAN SECRETARY: Wallace nominated Goenner, Goenner nominated Wallace, Goenner Motioned to close the nomination. Motion carried unanimously. MARK WALLACE was elected SECRETARY Consider initiating a Zoning Ordinance Text Amendment and Public Hearing concerning the mobile home sub -division requirements ( set date for same) . Kirmis explained that this item was brought up by the Building Inspector, Jerry Olson. He read from Ordinance Page #108, Item C, and said that this does not provide for perimeter foundations. Stick built, single family residences with foundation meets building code. Black explained that the manufactured home regulations do not call for foundations or minimum width. The Building Inspector recommends that the City delete this reference so all-esidential building would be minimum of 24' wide with Perimeter foundations and minimum square footage. Freske said if we make them have a foundation on a 14' wide and you were to build a stick built home, the foundations would not meet regulations for a stick built home. Roskaft motioned to set March 3, 1993 as a Hearing date to initiate a Ordinance Text Amendment and Public Hearing concerning the mobile home sub -division requirements_ Wallace seconded the motion. Motion carried unanimously. Discussion on how to review the Wright County Water Mana=ement Comcrehensive Plan was had. Discussion as to Larry Koshak, City Engr and Franklin Deh Montice'_:o Twp. Supervisor being asked to help with th i 5 gas had. =ournier =elt professional input would be good and money we— =cent. ,�_r3/ �3 CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 2/5/93 AT 8PM - PAGE 5 - It was agreed that Swenson should contact Koshak and Dehn. Black said he feels the ultimate assignment is the Planning Commission developing a water management plan for the City of Otsego. The next assignment after this will be wetlands. The Council is looking to have the Planning Commission getting on top of some of these issues. Goenner said the intent is for Otsego to be better managers over the water management plan. He addressed inspections and man hours required to handle. Black felt those items should be specifically addressed. If it is a good idea and merits attention, it should be put in a plan. Swenson said these things can be prioritized. Roskaft suggested that we do more studying and the Commission needs more time to go over the material. Swenson will check with Koshak and Dehn. Kirmis said that Rudy Thibodeau of Minn -E -Golf has petitioned for an extension for one year for his CUP, PUD and Variance. He felt a good faith effort was put forth. The reason for this extension is to provide the City to re -look at the proposal. NAC doesn't see any changes and recommends we allow his one year extension. Roskaft motioned to approve the extra one year extension on Minn -E -Golf for Rudy Thibodeau for one year from the date of expiration which was April 27, 1993. So this is now extended to April 27, 1994. Wallace seconded the motion. Motion carried unanimously. This will be on the 2/8/93 Council Meeting Agenda. Swenson brought up accessory buildings and that the committee has a recommendation. He said that since this affects the Ordinance, the sub -committee will bring the recommendation to the commission. If the commission is in agreement, it will be given to Kirmis to look at and put it in Ordinance form. Wallace explained that they had looked at many ordinances. He talked about the advantages and disadvantages and the changes that were made. Discussion was had. (See attached accessory Building information). This item will be on the Council Agenda of 2/22/93. Goenner motioned to send this to the City Council for their recommendations and opinions on the proposed Ordinance Amendment. Kolles seconded the motion. Motion carried unanimously. On motion the meeting adjourned. A Ii':fvvL -f JAMES R gyLLES, SECRETARY By: Elaine Beatty, Recording Secretary ER WE AS A COMMITTEE HAVE MADE OUR DECISION BASED ON EXAMIN(gG THE FOLLOWING CITIES. TOWNSHIP, AND COUNTIES: CORCORAN LAKEVILLE LINO LAKES MEDINA ELK RIVER FRANKFORT TOWNSHIP DOUGLAS COUNTY GOODHUE COUNTY IN A LARGE MAJORITY OF THE ACCESSORY BUILDING CODES THAT WE HAVE STUDIED. WE FIND THAT OUR PROPOSSED ORDINANCE IS MORE GENEROUS AS FAR AS THE SIZE OF BUILDING IS CONCERNED. SINCE OUR JOB IS PLANNING. THAT IS HOW WE APPROACHED THE ISSUE. WE GAVE A CAREFUL CONSIDERATION TO "SIZE OF LOT" VS. "ZONING DISTRICT". AND CONCLUDED THAT BECAUSE OF THE VAST DIFFERENT IN LOT SIZES FROM DISTRICT TO DISTRICT. AN ACROSS THE BOARD DESIGNATION PROVIDES A BETTER BASIS ON WHICH TO PLAN OUR CITY ON. i ADVANTAGES: , IT IS EASILY REGULATED. ALL RESIDENTS ARE TREATED EQUALLY DISCRETIONARY DECISIONS REGARDING ACCEPTABLE ACCESSORY BUILDING SIZES MAY BE AVOIDED THIS PLAN TAKES INTO THE ACCOUNT OF THE FUTURE LOT SIZES THAT MAY OBTAIN SEWER AND WATER IT TAKES INTO ACCOUNT VARIABLE ISSUES SUCH AS PRINCIPLE BUILDING SIZES DISADVANTAGES: A VARIANCE WOULD BE REQUIRED FOR AN OVERSIZED ACCESSORY BUILDING. SUCH VARIANCES WOULD ONLY BE GRANTED UPON THE DEMONSTRATION OF HARDSHIP (NOT READILY APPROVED). FOR RESIDENTIAL USE On lot sizes greater than 1.5 acres. Size. The accessory building size shall not exceed the one and one half (1 1/2) the total square footage of land cover of the principal structure's living area. If the principal structure has an attached garage, it is not included in the size estimation nor subtracted from the total allowed accessory building square footage. If an attached garage is added to an existing primary structure, 750 sq. ft. is the maximum size allowed. Appearance: The outer appearance of the accessory building must be visually compatible with the principal structure. This includes not only the style of material on the side walls, but also the roof of the building as well. Corrugated or galvanized metal will not be allowed on the exterior of the building. Height: The maximum side wall height allowed will be 10 ft. The maximum peak height allowed will be 20 ft. ACCESSORY BUILDINGS FOR RESIDENTIAL USE On lot sizes of 1.5 acres or less. Size: The accessory building size shall not exceed the total square footage of land cover of the principal structure's living area. If the principal structure has an attached garage, it is not included in the size estimation nor subtracted from the total allowed accessory building square footage. If an attached garage is added to an existing primary structure. 750 sq. ft. is the maximum size allowed. Appearance: The outer appearance of the accessory building must be visually compatible with the principal structure. This includes not only the style of material on the side walls, but also the roof of the building as well. Corrugated or galvanized metal will not be allowed on the exterior of the building. Height: The maximum side wall height allowed will be 10 ft. The maximum peak height allowed will be 16 ft. RECOMMENDATION Based on the following review, our office recommends approval of the requested conditional use permit subject to the following conditions: 1. Screening, in conformance with Section 20-16-7 of the Zoning Ordinance is provided along the south and west boundaries of the adjacent single family residence. 2. Structure heights of the site's two accessory buildings south of the proposed veterinary clinic are specified. Per the Ordinance, such heights may not exceed that of the site's principal structure. 3. The converted farmhouse is removed from the subject site by 1 November 1995 (anticipated date of completion for Highway 101 upgrade). 4. The existing pole building lying west of the converted farmhouse is removed from the subject site prior to the issuance of an occupancy permit for the proposed veterinary clinic. 5. The site plan is revised to illustrate nine off-street parking spaces, one of which is devoted to use by the handicapped. 6. The site plan is modified to identify all horse trailer and service vehicular loading areas to ensure efficient site circulation. 7. As required by Ordinance, a designated loading space is provided for the proposed use. The location and dimensions of the loading space should be identified on the site plan. S. The site plan is revised to identify exterior trash handling areas. Trash handling equipment must be screened from eye - level view from neighboring uses and public rights-of-way. 9. All medical wastes are disposed of in a manner approved by the Minnesota Pollution Control Agency. 10. The clinic's parking area is surfaced with asphalt, concrete cobblestone or paving bricks. 11. A continuous perimeter curb is provided around the entire clinic parking lot. 12. As recommended by the City Engineer, the proposed County Road 37 access point is provided a 30 foot turning radius. 2 13. The site plan is revised to illustrate all exterior lighting locations. Any lighting used to illuminate an off-street parking area sign or other structure must be arranged to deflect light away from any adjoining residential use or public street. 14. If signage is to be provided upon the subject site, the size, type and location should be specified and subject to City approval. 15. Recommendations of the Minnesota Department of Transportation and Wright County Highway Department relating to adjacent roadway improvements are adhered to (i.e, right-of-way dedication, etc.). This item should be subject to comment by the City Engineer. 16. The site survey is modified to identify all ponding areas. The City Engineer should provide comment as to the need to provide easement over the said ponds. 17. Per the recommendation of the City Engineer, perimeter fencing is provided around the proposed drainfield. 18. The site plan is revised to identify the new underground water line location. 19. The applicant post a security in an amount determined appropriate by the Zoning Administrator to ensure compliance with the conditions of CUP approval (i.e., farmhouse/pole building removal). 20. Comments from other City Staff. ISSUES ANALYSIS Business History. The applicant has held the subject property since 1986. In November of 1986, the Otsego Town Board approved the applicant's request to establish a veterinary business upon the subject site. While the proposed business received Town Board approval, it was never brought before the County for review or approval. In 1988 the applicant remodeled the existing farmhouse on the site into a veterinary office and has conducted his business on the property since. It should be recognized that because the subject business was established without County approval, it is technically considered an illegally established use without grandfather rights. Also to be noted, however, is that the proposed veterinary clinic is considered an acceptable use within A-1 Zoning Districts via a conditional use permit. 3