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03-17-93 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF MARCH 17, 1993 AT 8PM - PAGE 1 - Chair Swenson called the meeting to order at 8PM. The following Planning Commission Members were present: BRUCE RASK ARLEEN NAGEL-ALT. MARK WALLACE CARL SWENSON RON BLACK -CR ING ROSKAFT DENNIS MCALPINE EUGENE GOENNER Staff present was as follows: Bob Kirmis Elaine Beatty Judy Hudson #3 on Agenda. DENNIS AND DENISE MCALPINE HEARING for an Interim Use Permit for a home extended business located on a 2.5 acre tract of land North of 84TH ST and W of Nashua Ave for "Mac's Well and Pump Service", and a Variance to allow a home extended business to exist upon a farmstead where farming activities are not a primary source of income. PID #118-500-202401. Chair Swenson explained how the Hearing would be conducted and asked Beatty if the proper notification had been done. Answer - yes. . Kirmis gave NAC's Report of 3/8/93 and stated that the McAlpine's had asked the City to apply for the proper business permits for his business. As City incorporation was pending and the future status of Ordinances were uncertain, Mr McAlpine was advised by City Staff to refrain from application until such time as the City Zoning Ordinance procedure was resolved. Considering that the applicant's contact with the City had been delayed by Staff and that the applicant's business has been in existence since 1988, the subject request will be evaluated in regard to performance standards which were applicable at that time. In addition to the requested interim use permit, a variance is needed to allow a home extended business to exist upon a farmstead where farming activities are not a primary source of income. This business is storage of waterwell equipment/trucks, etc. They would be stored in the attached garage. It is not a retail business, but over the phone customers. The variance cannot be granted unless undue hardship is shown. The Staff feels that undue hardship can be shown as the business is already established. Wright County Ordinances should be upheld. The 33'x500' easement constitutes a non -conforming lot situation. It does hold grandfather rights. An emergency vehicle access should be supplied. NAC has recommended approval of the variance with comment from the City Staff. Interim Use Permit also recommended for approval. See NAC's Report of 3/8/93 Pages 2, 3 and 4. Swenson asked for any further information from the applicant. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 3/17/93 AT 8PM - PAGE 2 - DENNIS MCALPINE - Introduced himself and his wife Denise. We are here to apply for a permit for Mac's Well and Pump Service. We want to comply with the Cities rules and regulations. Reading thru this, there are some articles I am questioning. We do have a letter attached as of February 20, 1992 stating we should wait until the New City was set up, so we did. I have some questions. Item #2 of the recommendations state that there should be no outside storage of equipment, etc. If you have been at our residence, it is very neat. In an emergency, we do have a water truck and rig come in, if we are planning on going out the next day to a job. There is a half dozen times a year a vehicle is parked outside the building. There is no reasgn for excess noise. #6 The working hours should be set by the City. There has been several times I have been called out at night until 2AM working on a farmers well. I want the City and Staff to know we are still a farming community and we do have to take care of the water. Three times last year I ran into late nights. Item B - Upon changing of the Zoning it renders the use non -conforming. I would like an explanation on that. We are applying for an interim use permit. Swenson said we should have the business portion of the Hearing first. This is opened to the public now. Is there anyone who wishes to speak? Eugene Goenner - As a close resident to Dennis McAlpine he has not had any problems. Janette Carron - As far as noise, my paper is delivered at 3AM every day and I am awakened by them turning around in my driveway and I don't complain. Section 5 - Interim use permit. McAlpine said he changes oil and puts it in 50 gallon drums. Pats Oil in Albertville picks it up. He said he felt that Eugene Goenner and himself needs to discuss the problem of the driveway. Denise and I were given the property from my mother-in-law and father-in-law as a wedding gift. It was an 80 acre farm at that time. In 1973 Ray and Janette gave us an easement. The reason being, Ray didn't want us in the middle of the field, but by the pond. They didn't want to give up ag land. In the twenty years we have been there, the property has been sold several times with several owners. We didn't understand this easement. I understood the easement we aquired in 1973 was for us to go from the gravel to our property. That driveway was built to get to the property and to continued thru and back thru the woods. The problem that Eugene and I have is to come up with some sort of agreement. I am concerned about the responsible party for maintaining the road. Swenson - Why don't we let Kirmis answer the other questions and come back to the easement. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 3/17/93 AT 8PM - PAGE 3 - Kirmis said that first the outside storage. The intent is simply as a common practice, businesses don't store items outside. My personal opinion is it shouldn't be a problem once in awhile. Some sort of protection needs to be there to protect the surrounding area. That is why we set hours. Interium Use may be terminated in regards to a change in zoning regulations. If the City decides to prohibit Home Extended Businesses in the City, it would apply to Dennis McAlpine. Refuse - Because it is a commercial operation, the City wants an assurance that stuff is out of there. Dennis McAlpine - Very little work is done in his house. His business is going out to the people. People do not come to the door. The work is on the job site. Driveway Easement - The Commission and the applicant should know that it is an illegal piece of property. The reason we have street frontage requirements is for emergency vehicles so they can be assured of getting to the property if necessary. Kirmis envisions the agreement should involve McAlpine/Goenner/and Carrons. Janette Carron said it is a 66' road, but was never built. Denise brought up the road going around and coming out the other side. Janette said that was never signed or intended to be. Dennise said we need to come to an agreement as to how to maintain this road. Swenson asked Kirmis if it would be OK to approve this with an agreement. Denise said that road was built in 1973 for access to our property. In 1975 the other home was moved in there. Their home stems off of that original easement road. I'm concerned that if the home sells, will we have to reissue that agreement every time the home sells? These are the kind of questions the attorney will have to have in the agreement. Wallace - The fact that we are asking for that easement agreement is because you have a business there. Roskaft - That type of an easement should be straightened out legally, even if the business wasn't there. It needs to be recorded at the County. Carron - Said they had a permit to put that house in. Roskaft - How far off of Nashua is the driveway? 500' was the answer. Black - The road in the City has a home. It has not addressed the issue of private roads and whether or not it is a good idea or a bad idea. I have some serious reservations on Item D. I would like to have him expand on this residual liability question for the City Council and Planning Commission Benefit. My personal feeling is that it is none of the City's business. I believe it is in the property CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 3/17/93 AT 8PM - PAGE 4 - best interest to resolve the maintenance. Objection to title might be raised because there is no maintenance agreement. We note that all three parties have used the driveway. At no time would the City of Otsego get into the maintenance agreement. Items D and 6 should be deleted from the recommendations and allow us to debate more and not pertain to this particular request. It is my idea that if a person doesn't plow their driveway and his house burns down, it is their problem. Working Hours - I don't think that the City of Otsego should be in the business of setting business hours as long as they are reasonable. Until it is a nuisance, the public doesn't have any reason to tell the private business how to operate. Rask - About two or three months ago we had a property with a driveway and I don't understand what the big hang-up is on the easement. Swenson - Said this is different. Rask - We have been recommending fewer driveways on public streets. Black - The intent is not to force driveways. I have a problem with the City setting hours. Swenson - Does the Commission agree with Blacks eliminating that. Wallace said you should be fair and leave it in there. A machine shop running, we wouldn't want it running after certain hours if it effects the neighborhood. Dennis - If you had an investment, cattle, etc, drinking water is needed and animals don't think it is five and I will wait until 9AM for water. You have to give water to the farmer. The home owners (residential) can wait until morning. Swenson - Kirmis or the Commission is not questioning that. Wallace - Your business does not fall into this restriction. If we take it out of yours, can we pick and choose? Black - I didn't mean to suggest that Item 6 be deleted. Only that working hours be reasonable. Kirmis - #6 - Set your hours and if you park your truck outside two nights a month or whatever, it would be OK. McAlpine - Someone just mentioned that at the hours are set at the residence. It is the same farmer in Big Lake or Otsego. We are leaving the residence and going out to the farm. I'm not working at home. Rask - I'm looking at it as you are coming and going. Roskaft - Hours of operation is at your home, not when you are at the working site. Denise - This odd hour stuff is only under emergency CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 3/17/93 AT 8PM - PAGE 5 - situations, farms, fires, etc. Swenson - Are there any other comments? What is the feeling of the Commission? I think Black has recommended that the item on easement should be deleted. Black - Said he feels that it should be just taken out and recommended to the Council that this matter come up as a separate item to be discussed as a policy. Rask motioned approval of the interium use permit, subject to the conditions in NAC's Report of March 8, 1993, with the exception of deletion of Item D in reference to the road easement. Wallace seconded the motion. Motion carried unanimously. Wallace motioned to grant the variance for the interium use for the home extended business due to hardship, as it is a major income for the family. Nagel seconded the motion. Motion carried unanimously. Swenson - We need a motion to request that Item D be discussed by the City Council. Rask motioned to recommend that this Item D be brought up to the City Council and be reviewed, and that the Planning Commission be involved in it. Roskaft seconded the motion. Motion carried unanimously. This will be on the Council Agenda of April 12, 1993 at 7:30PM Motion by Rask to approve the minutes of March 3, 1993 with the change to add Roskaft and Kolles names of Commission Members present. Roskaft seconded the motion. Motion carried unanimously. Janette Carron - Stated that the property on the farm, the swamp land is the Carron farm and is in the waterbank land. So you don't have to ask any questions as to who it belongs to. Agenda Item #4: Discussion of Wright County Water Management Plan. Swenson stated that at the last meeting we got copies of Part II. I had a call from Koshak and he is willing to have John Harwood from his office come over and discuss this with the Planning Commission. The next Commission Meeting he can come and dascuss this if we get done with Part II of the plan. My suggestaon is the purpose of going thru this is to go thru the plan and become familiar and go thru Part II and discuss each one in turn. #174 - Assessment I on site septic systems. Any questions? Goenner - Enforcement will be controlled by the County and we are just supplying information. The County is responsible for this and there are questions as to whether there will be enforcement. Swenson explained. After we go thru these with some help from Harwood, we can see what our concerns are and what we can do about it. We are now getting familiar with it. We do have the opportunity to submit these questions, they will go to the State. All the building CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 3/17/93 AT 8PM - PAGE 6 - permits, even a garage, the septic system needs to be brought up to date. Black spoke to this about septic systems. When a land is sold, it has to be inspected. Discussion was had on systems. Swenson - Assessment I - We have to deal with. Kirmis had two comments on this section. Pg 174 they say preliminary 1990 census figures, etc. Otsego incorporated and we have 5,200+. Are they including Otsego? Yes, they would be including us. 175 - They indicate a good way to get a handle on it is inspections. If it is such a good idea, why are we dismissing it right away? Maybe the County should hire a full time person to do the inspections. Assessment 2 - Roadsalt Otsego's City salt is stored in the open. Assessment 3 - Construction site sediment and erosion. Goenner sees a problem by the river and wells. Kirmis said that the Shoreland and Subdivision Ordinances deal with this. Assessment 4 - Urban land use and stormwater runoff Assessment 5 - Ag Soil erosion Goenner - 184, Conservation program and water bank. You fill in a pond and make another one bigger. Wetlands are one in exchange for another. Wetlands were discussed. Assessment 6 - Feedlots Goenner said it is pretty much run by the State. It was discussed that the City Attorney was directed by the Council to write a letter to Albertville that neither the City or affected property owners have gotten notice of the sewer treatment proposal. McAlpine brought up wells and putting a coffee can over it and sewage coming in a well pit. Assessment 7 - Drainage (no comments) Assessment 8 - Ag Chemicals Why not all chemicals? Not only Ag. Discussion was had on this. It needs to be looked at. Assessment 9 - Farm animal access to surface water Assessment 10 - Wetlands It deserves attention, ponds for development drainage need to be looked at. Assessment 11 - Municipal Wastewater Treatment Needs to be looked at. Assessment 12 - Flooding We have a floodplain overlay district and NAC feels we have addressed this pretty well. Look at dyke. Assessment 13 - Lake Use Problems Assessment 14 - Lake parasites Assessment 1S - Consumption of contaminated fish. DNR should handle. Assessment 16 - Lake restoration Assessment 17 - Clandestine dumping Kirmis - wouldn't be a bad ideas to identify old dump sites. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF 3/17/93 AT SPM - PAGE 7 - Assessment 18 - Dumps/Landfills Assessment 19 - Junkyards Could fly over and identify. Assessment 20 - Groundwater Flowing wells are a problem. Rask asked about heating and cooling residential houses with a open loop system. He felt it should be a closed loop to conserve water. Assessment 21 - Hazardous Chemical/Wastes Include a list of what/which ones. Next meeting have read thru part III. John Harwood on preservation and we can go from there. Kirmis addressed an Ordinance clean up issue on signs. #7 - Business signs and home extended businesses. Sign Ordinance Page #202. Home Occupations. There is a conflict of Ordinances. Kirmis said he doesn't think it is the intent to have contrasting positions. It is the choice to allow or not allow. Discussion was had on this and signs allowed or not allowed for home occupations. Kirmis is looking for direction on this. Wallace motioned to have 1X2 Sq foot sign limit for home occupation and home extended businesses. Roskaft seconded the motion. Motion carried unanimously. Kirmis will look into it. Roskaft motioned to adjourn the meeting. Rask seconded the motion. Motion carried unanimously. MARKZWALLACE, SECRETARY Minutes by Elaine Beatty, Recording Secretary ME