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04-20-94 PCCITY OF OTSEGO PLANNV APRIL 20,199 MINUTI 1. CHAIR CARL SWENSON WILL CALL Chair Swenson called the meeting to order at ROLL CALL: ING ROSKAFT, CARL SWENSON, DEN- NAGEL/ALT, GENE GOENNER, MARK' BRUCE RASK/LATE and JIM KOLLES/I BOB KIRMIS AND ELAINE BEATTY FROM THE STAFF WERE PRESENT LARRY FOURNIER, COUNCIL WAS ALSO PRESENT 2 CONSIDERATION OF THE MINUTES OF APRIL 6,1994: ING ROSKAFT MOTIONED TO APPROVE THE MINUTES AS PRINTED. GENE GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY Carl Swenson explained how the Hearing will be conducted and the procedure for the Hearing in detail. 3 JOHN ROBECK - CONSIDERATION OF ALLOWING A SUBDIVISION OF HIS LAND (COMP PLAN AMENDMENT): Chair Swenson asked if any PC Members that went to the Site Inspection wanted to explain. Arleen Nagel said what they saw was a high ridge and they wanted to know if that was where they were proposing to build. They were concerned as to where a drive would be placed. It looked like the low land went from his driveway all the way to the neighbors driveway. Mr Kinnis said the City needs to decide if this is Ag or development use. It needs to be considered if we need an Amendment to the Comp Plan. Not the driveway, or the location, but the use. Ing Roskaft said they toured 4 118, 437 and a couple of City streets. He explained to the other members the conditions in the area. Across from Robecks house the use, they will review as the water table is high. It is swampy, etc. East of Robecks place is all fanning. The Twp Rd we took is Kadler. Mr Robeck arrived at the P.C. Meeting. There is 37 acres of timber and wetland, he reported. He felt this area should stay in Ag. until our development works in that area. Mr Swenson asked if Mr Robeck develops will it change the concept of the whole area? Mr Kinnis explained that the Comp Plan says Ag now. He directed the PC to his previous memo regarding this issue. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF APRIL 20, 1994 AT 8PM - PAGE 2 - Bruce Rask asked where on the 12 or 13 acres are the building sites? Mr Robeck said just by the power line. His house is on the N of the property. There is water standing by the driveway now. More discussion was had. His property goes all the way to the drivewav on the E side. Gene Goenner said that the land that is marginal farm land is pretty much developed. The majority of not developed land is AG land. I would not want to see development at this time. Ron Black asked if in order to allow the subdivision of this property, would there have to be a Comp Plan Amendment? What isn't being farmed, has houses on it. Bob Kirmis said it is still zoned Ag. (1 per 40) If you want to rezone it you have to change the Land Use Plan. Mr Robeck asked if it made sense to square off the whole area? He explained the area. He talked about Kessler's land being divided up to -3) lots. Across the way the land is for sale also. He would like the whole corner squared off. They talked about the rest of the property. Gene Goenner said that would almost constitute Spot Zoning, which we try not to do. Swenson asked if anvone else wished to be heard. BRUCE BASK MOTIONED TO DENY THE CONSIDERATION BECAUSE IT WOULD HAVE TO BE A COMPREHENSIVE PLAN AMENDMENT. ING ROSKAFT SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 4 MARQUETTE BANK - ANIMALL PROPERTY OWNED BY DR DAVID GILENBACH PID #118-054-001010 LOT 1, BLOCK 1, MISSISSIPPI SHORES 7TH ADDITION THE BANK WISHES TO OCCUPY A NOW VACANT 4,300 S F PORTION OF THE ANIMALL THE REQUEST IS FOR A PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT TO MODIFY THE NORTH END OF THE "ANIMALL" BUILDING AND SITE. LOCATED WEST OF COUNTY ROAD 42 BETWEEN COUNTY ROAD 39 AND PARK AVENUE. Bob Kinnis explained the Marquette Bank Request, as per NAC's Report of April 11, 1994. The use is a permitted use in the B-3 District. Modification and site improvements are being changed. He directed the commission to the site plan which was on the board. He explained the traffic of the area. NAC feels that considering the limitations of the site, generally it is a good circulation system. He wants to see traffic promoted onto the Service Drive. The canopy construction will match the existing Animall. The facility has met the parking requirements. Approval has been recommended subject to 10 conditions as follows: 1. The site plan is revised to illustrate all exterior lighting locations. All lighting used to illuminate off-street parking areas must be hooded and directed to deflect light away from adjacent residential properties and public rights-of-way. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF APRIL 20, 1994 AT 8PM - PAGE 3 - 2. The revised site plan must also illustrate all exterior trash handling locations. All such trash areas must be screened from view of neighboring properties and public rights- of-way. 3. The revised site plan must identify all designated loading areas. 4. The row of Colorado Spruce Trees proposed to be planted South of the bank's one- wav exit road, shall be moved to the North side of the road, and additional hedges shall be planted to screen vehicles from the adjacent residential areas. 5. Submittal of a grading and drainage plan subject to review and approval of the City Engineer. 6. The proposed drive-through aisle be paved and curbed in conformance with Ordinance requirements. 7. If the vehicular stacking is found to cause traffic problems on the site, the City reserves the right to require a rearrangement of the parking areas and circulation plan to increase the stacking distance, by adding a stacking turn lane (Exhibit C). 8. Any additional signage or modification of existing signage on the site will require a sign permit, and must conform to signage regulations of Section 37 of the City Zoning Ordinance. 9. The applicant shall enter into a PUD developers agreement with the City. 10. Any additional comments from City Staff. Mr Kinnis read comments from the City Engineer. Grading and drainage plan is required, Commercial Traffic may utilize Park Ave. Public Works should look at the overlay of this road. If the proposed use results in an increase in sewage treatment, this system should be analyzed further. Again, we have recommended approval. THE HEARING WAS OPENED TO THE PUBLIC: Russ Voght - How do you take care of the traffic problem on 39 and Parrish'? You put a bank in there that is very heavily used on Sat and Fri nights. What do you propose? Mr Kinnis said traffic volumes are going to increase in the area. There hasn't been a frontage road improvement plan. Russ Voght said the bank would be a heavy traffic area. Mike McChesney - Owner of Rainbow Day Care. Their main concern is the safety of the kids and staff. As the cars pull up they are heading for our playground. How will they be kept from that area? I would like a 6' high security fence, from S to N for security CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF APRIL 20, 1994 AT SPM - PAGE 4 - reasons. I was wondering if Mr Berg had anything planned. Mr Swenson said they will consider it. The back part of the building has been an eyesore since it has been built. What will be there? Blacktop, shrubs, etc.? No one else wished to be heard. THE HEARING WAS CLOSED TO THE PUBLIC AND IT WAS BROUGHT BACK TO THE P. C. Mr Berg said they are planning on stucco the whole Side on the North end. Mr. Goenner said the squak boxes, can they put shrubbery or landscaping to reduce the noise travel. The daycare will be listening to the tellers talking to these cars all day. Can we put something in to reduce the noise factor? Mr Kirmis - We do have a noise ordinance. We don't want adverse impact against adjacent properties. Some sort of buffering would be appropriate. Bruce Rask - You don't have anything but tin, right? Ing Roskaft said he has never heard any noise form the teller or the car. They are not shoutinL, at each other. Mark Wallace - The daycare that is next door to the bank, children playing would generate more noise. He didn't feel the need to impose a sound barrier in that respect. Kirmis said the daycare center is a Commercially zoned property that just happens to be used as a daycare. McAlpine - His biggest concern is the traffic. He talked about the 939 intersection and waiting to get onto the highway there. They have a stop sign. Parrish will have the traffic backed up. Elaine Beatty brought up the traffic signals will be put in at Parrish and 39 when the traffic warrants it, by the County. It is wired for signals now. Swenson asked if the area by the daycare should be buffered,etc. Bob Kinmis brought up the lights from the cars and the lighting problem. Roskaft said if there are no complaints nobody will adjust the lights. He explained further. He said if the traffic gets that heavy we will have to make adjustments later. Rask said we have that problem now. If we incur that cost on the bank, we have to incur it on the other businesses there. I see this as a logy volume with high volume sometimes. He explained further. The noise and lighting was not a problem said McChesney. His main concern is somebody loosing control of a car and driving into the playground area. He had a sketch of their landscaping and would like to show how he would like it to be done. Mr Rask - said that it is part of their problem also, not only the banks. Mr McChesney was impressed with the pictures of the bank. Mark Wallace said on the issue of safety. There is a curb stop. If there is curb that should be sufficient for that. Mr McChesney had a sketch of a proposed fence. He wants a decorative stone interlocking wall there. He felt for neatness, etc. it would be a plus. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF APRIL 20, 1994 AT 8PM - PAGE 5 - Goenner said they have 5'-0" to the property line from the curb. Carl Swenson asked if there were any other comments or questions. Russ Voght said why would that building be exempt from not going under the new laws of the City of Otsego. Every building that was built to the legal ordinances at that time was legal, said Bob Kirmis. It can continue to exist if the nonconformity is not expanded. Rask -Said thev are going to stucco it. That satisfied me. It will meet code. ING ROSKAFT MOTIONED TO GRANT A CUP FORA PUD TO MODIFY THE N END OF THE ANIMALL BUILDING AND SITE ACCORDING TO THE RECOMMENDATIONS OF THE STAFF AND THE ENGINEER. MARK WALLACE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. THIS WILL BE ON MONDAY- APRIL 25, 1994 7:30PM COUNCIL AGENDA Bruce Rask - said the wall that was brought up by the daycare is a good idea. 2 cars width, 3 or 4 ft high. Carl Swenson asked if that was OK with Ing Roskaft`.' . He said in the final plan the owners of both properties would make arrangements. BRUCE RASK MOTIONED TO HAVE AN AMENDMENT TO ADD A TRAFFIC BARRIER. DENNIS MCALPINE SECONDED THE MOTION. GOENNER, RASK AND MCALPINE VOTED FOR. ROSKAFT WALLACE SWENSON AND KOLLES OPPOSED. MOTION DID NOT CARRY. Mark Wallace did not think it was fair to penalize the Bank. It is not fair to add this onto this PUD Request. 5. VERN AND GLORIA HEIDNER - 13922 -91ST, OTSEGO, MN PID #118-015- 001140, LOT 14, BLOCK 1 GREAT RIVER ACRES 1ST ADDITION IN SECTION 17, TWP 121, RANGE 23. REQUEST IS TO CONSTRUCT A 440 FT TWO STALL ATTACHED GARAGE TO THEIR HOME. CURRENTLY A 1.980 SQ FT ACCESSORY POLE BUILDING, 720 SQ FT DETACHED GARAGE AND A PLUS 100 SQ FT STORAGE SHED EXISTS ON THE SUBJECT 3.9 ACRE SITE. APPROXIMATELY 2,710 SQ FT OF STORAGE SPACE CURRENTLY EXISTS ON THE SITE. Bob Kirmis explained NAC'S Report of April 12, 1994. Sometime ago the Ordinance was amended to have a CUP to address excessive storm we have recommended approval with 6 conditions as follows: A. Conditional use permit to allow more than one accessory structure for a single lamily dwelling. CITY OF OTSEGO PLANNLNG COMMISSION MEETING MINUTES OF APRIL 20, 1994 AT 8PM - PAGE 6 - B. Conditional use permit to allow the combination of detached accessory building and attached garage to exceed 2,000 square feet. Approval of the aforementioned requests is, however, contingent upon the fulfillment of the following conditions: 1. A scaleable site plan, based on a certificate of survey, is submitted prior to building permit issuance which illustrates the exact location and dimensions of the site's structures (principal and accessory). 2. The — 100 square foot storage shed which lies North of the detached garage is removed from the property by l September, 1994. A security in an amount determined appropriate by the City Zoning Administrator shall provided to ensure the removal of the shed. 3. The City establish a termination date for removal of the existing 1,980 square foot pole building. At such time, the building will be designated as "illegally non- conforming" via the provisions of the conditional use permit. It is the recommendation of the office that a date, no later than l May, 2004, be established. 4. The proposed garage addition be finished in horizontal lap siding similar to that used in the principal building. 5. Utility and drainage easements are established on the property in accordance with the City's subdivision regulations. No building permits shall be issued until such easements are established. 6. Comments from other City Staff There were no comments from City Staff. THE HEARING WAS OPENED TO THE PUBLIC: Vern Heidner - I understand it is a large pole building. In our neighborhood, our property is 4 acres. Across the street have 8. A lot of other pole building are there. In 1990 we purchased the property before Otsego was a City. It takes time to add on. We had a garage we removed which was bigger than the one we want to build. We want to bring it up to less than we had when we moved in. I have no problem except having to take the building down. It doesn't make sense to remove the building and have to ;=et more permits to get CUP to add buildings to store things in. The building is maintained real well. I would have no problem with restrictions. The building has a value of 515,000.00 It would cost S2 or S3,000.00 to remove. It is a pre-existing building. Russ Voght. Lives across the street. He has no problem with the pole building. Has anybody looked at how they want to add on the garage:' It actually improves the house. It is a shame that anybody allowed that. They keep it up very well. I have an oversized garage on my place. I don't see any problem with it. There are too many of us people that have those buildings. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUETS OF APRIL 20, 1994 AT SPM - PAGE 7 - Diana- Diana Shansberg - Lives across the street from Heidner's. I see people around our neighborhood and it is an eyesore. I have no problem with their building. Ross Herman - Neighbor to the E. I have no problem with adding onto the garage. Vern Heidner - If I did take it down, I would end up with a house of over 120' long. Additional storage space in there would end up halfway to the other garage. Carl Swenson asked Bob Kinnis about the illegally established non -conforming building. Bob Kirmis, said it depends if the city wants to enforce it. Russ Voght - said this is something that Vern Heidner has that a lot of other people have in the neighborhood. THE HEARING WAS CLOSED AND BROUGHT BACK TO PC: Mark Wallace - The stipulation about removing the building in 2004. Is that City Wide? Bob Kirmis said this is a unique situation. The City has the ability to rectify a non- conforming situation. The City prohibits Home Extended Businesses. That building may be a problem to someone who wants to operate that business in there. Commercial renting out of that building is prohibited. Dennis McAlpine said we drive around and see a lot of stuff in peoples yards. A person that has something like this, I would think it would be an asset. My neighbor can't complain about my red truck out there. I don't see anything wrong with the building being there. I have a problem with 2001 the City saying you have to remove your building. Bruce Rask - I think as long as it is there we don't have the right to have him tear it down. He has 4 acres of property. If it is turned into a Commercial outlet we can shut it down. I can count 45 we should start on tomorrow. We have a right to occupy our property. I don't see it as an eyesore. Bob Kirmis said it is a very well kept property. Mark Wallace - I have to agree with Bruce and Dennis. I don't think it is fare to request that because the person is trying to improve his property and the look of the City. It is detrimental to ask people to edit their property when they ask for a CUP. If Vern would have said I want to build this pole building, I would say absolutely not. I feel it is grandfathered in. Carl Swenson agree. 4 acres is a lot different than an one acre lot. Anyone else wished to be heard, asked Chair Swenson? MARK WALLACE MOTIONED TO APPROVE THE CUP TO ALLOW MORE THAN ONE ACCESSORY STRUCTURE FORA SINGLE FAMILY DWELLING BASED ON NAC, WITH THE EXCEPTION OF REMOVING ITEM #3. BRUCE RASK SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF APRIL 20, 1994 AT 8PM - PAGE 8 - MARK WALLACE MOTIONED TO APPROVE THE SECOND CUP TO ALLOW THE COMBINATION OF THE ATTACHED ACCESSORY BUILDING PERMIT TO EXCEED 2000 SQ FT BASED ON THE RECOMMENDATIONS OF '.YAC WITH THE REMOVING OF ITEM #3. ING ROSKAFT SECONDED THE MOTION. 'MOTION CARRIED WITH GENE GOENNER VOTED NO. Gene Goenner - Everyone who comes in for a CUP will we be editing their property. and requiring removal of those building at that point? Bob Kinnis said we would look at each request individually. He explained further. MARK WALLACE WILL NOT BE AT THE NEXT TWO MEETINGS AS HE IS GETTING MARRIED. 6. ANY OTHER P.C. BUSINESS: Does anybody have any items to review in the Ordinances. If so bring them in for the next meeting. The council has indicated we can do this.. Ron Black - On an Agenda Item tonight the triangle in the SW portion of the City the existing use is totally in contradiction of the long range pian. Is there a way to address that? Mr Robeck's land cannot be farmed. At the most you can get one lot out. Other parcels you can get more than one lot out. How can we work with that? Do you want to consider looking at something like that? Mr. Swenson said that suggestion is good, we will put it down. Vern Heidner - said the only thing he could find in R-2 Zoning District you can have more than so many percent covered. 7. ADJOURN: ING ROSKaFT MOTIONED. MARK WALLACE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY GENE OENNER. SECRETARY Minutes by: Elaine Beatty, Recording Secretary