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12-21-94 PCCITY OF OTSEGO PLANNING COMMISSION MEETING, IN THE CITY OF OTSEGO, COUNTY OF WRIGHT, STATE OF MINNESOTA: REGULAR PLANNING COMMISSION MEETING MINUTES DECEMBER 21, 1994 - SPM 1. C14AIR SWENSON WILL CALL MEETING TO ORDER: Chair Swenson called the meeting to order at SPM ROLL CALL: CARL SWENSON IING ROSKAFT ARLEEN NAGEL, ALT RON BLACK/CR BRUCE RASK MARK WALLACE GENE GOENNER JIM KOLLES, CALLED AND WAS UNABLE TO ATTEND Bob Kirmis, Asst. Planner, Andy MacArthur, Attorney and Elaine Beatty, Deputy Clerk/Zoning Adm. were also present. Larry Fournier, Council, and Vern Heidner, New Council Member was present. Mayor Norman F Freske was also present. 2. CONSIDERATION OF MINUTES OF NOVEMBER 16, 1994 AND DECEMBER 7,1994: ING ROSKAFT MOTIONED TO APPROVE THE MINUTES OF 11/16/94 AND 12/7/94 AS PRINTED. GENE GOENNER SECONDED THE :MOTION. MOTION CARRIED UNANIMOUSLY. 3. HEARING TO CONSIDER A PROPOSED WILD AND SCENIC RECREATIONAL ORDINANCE: Chair Swenson explained how a Hearing is conducted. Elaine Beatty noted the proper publications and notices had been completed. It was turned over to Atty. Andy MacArthur. Mr. MacArthur explained they met with DNR and the problem that DNR was having was the uses. They objected to AG/IND/COMM and they wanted everything in the three geographical areas. He explained the districts, Subdistrict A, B and C. from the map which he supplied. Rule is changed to allow Comm. and Industrial in the Subdistrict B area. They listed all the underlining zoning and incorporated the existing uses into the Ordinance. He explained the strikeouts in the Ordinance furnished to the Commission. The overall intent and the effect of the Ordinance remains. Subdistrict B should be in Subdistrict A in the northerly portion of the map to the E. Subdistrict B is the area W of 101. There is no limitation on impervious standards in Subdistrict B as long as we comply with the standards as far as ponding, etc. Ile explained further. Subdistrict C remains with 25% impervious standard. She has reformatted everything to be based on these geographical locations. He explained further. The DNR setbacks, etc still apply within the Wild and Scenic. She has also taken section of the rules and put them in where the uses were in the Ordinance. A lot of this has to do with building along the river. Additional language she wanted inserted in there to make her comfortable that the more restrictive standards apply. the explained the definitions further). We have been back and forth with the DNR on this in the last week and one-half. He talked to her today and she indicated in her opinion it would be certified. Andy MacArthur recommended to pass the Ordinance. Hearing was opened to the public. No one spoke. The Hearing was closed and brought back to the P.C. Chair Swenson asked if there was any questions? BRUCE RASK asked Andy in subdistrict A it says we have to abide by the basic standards of the W and S does that have to do with the lot size oft -1/2 instead of 2? Andy said whatever the larger lot size is would apply. .Andy said the most restrictive Ordinance would apply Bob Ki„„is said the W and S is an over lay district. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF DECEMBER 21, 1994 AT SPM - PAGE 2 - Mark Wallace asked if we can change the Ord. without going through the Wild and scenic. More discussion on the Ordinance. Bob Kirmis said our base standards could be less restrictive but they would not apply. The W & S would. Any rezoning or variance would have DNR approval. CUP would have to go to them 30 days before. You always would have a 30 day lead time. Gene Goenner asked about the PUD_ is that the same. Bob Kirmis explained the PUD/CUP's. ING ROSKAFT MOTIONED TO APPROVE THE PROPOSED WILD AND SCENIC RECREATIONAL ORDINANCE. ARLEEN NAGEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. This will be on the 12,127/94 Council Meeting. 4. HEARING TO CONSIDER AN AMENDMENT TO LE FEBVRES WATERSHED DEVELOPMENT MORATORIUM. AN ORDINANCE AMENDMENT TO ORDINANCE #94-3: Ms Beatty noted the postings and publications had been completed. Bob Kirmis explained the Hearing. A moratorium prohibits the City from developing in the LeFebvres watershed Area. He explained farther. This amendment adds another exception to the moratorium. It would let the City consider preliminary Plats and rezoning applications. This applies to the MRD Plat. It would allow the City to review and possibly approve. Once the moratorium is lifted a final plat can be approved_ He explained further It will streamline the process and make it more efficient. P. C. consideration of this Amendment was directed by the Council. Andy Mac Arthur said the 28th of Feb., 1995 is the moratorium scheduled to extinguish. Chair Swenson opened the Hearing to the Public. No one wished to be heard. It was brought back to the PC. Any of the members have questions? ING ROSKAFT MOTIONED'rO APPROVE THE ORDINANCE ALLOWING APPLICATIONS TO BE MADE ACCORDING TO THIS AMENDMENT. GENE GOENNER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. 12/271194 AGENDA OF CITY COUNCIL 5. HEARING INITIATED BY MARY A LENANDER OF 8075 OGREN AVENUE NE. LOT 13, BLOCK 4, VASSEURS OAK GROVE ESTATES 2ND ADDITION, PID 118-033-004130 FOR A CONDITIONAL USE PERMIT TO PERMIT AN UNUSUAL PET (MINIATURE HORSE 30" TALL) AS REGULATED IN OTSEGO'S ZONING ORDINANCE SECTION 20-27.6. ANIMALS OTHER THAN FARM OR DOMESTIC: Bob Kirmis explained the request. 30" tall miniature horse wishes to keep on a 1 acre lot by the owner. This needs a CUP to allow it to be kept in the City. Horse is male, 5 years of age and has been registered. The horse is approximately the size of a St Bernard Dog. He made note that a precedent specifically whether or not the allowance of this animal would open the door fbr similar pets. To avoid a circumstance where a miniature horse grown from that height, we have included a specific provision that it not be taller than 34". As part of the consideration, we have to make sure we will minimize the adverse impacts. NAC has recommended the approval with 16 conditions from NAC's report of Dec R, 1994, which Bob Kirmis read from Page 2. NAC recommends approval subject to conditions read. CITY OF OTSEGO PLANNING COMMISSION MEETING MINUTES OF DECEMBER 27, 1994 AT 7:30PM - PAGE 3 - HEARING OPENED TO THE PUBLIC Larry Fournier said Item #12, could the City Atty. define why that has to be in this request? Andy MacArthur said it is a standard practice for the City to pick up casements. It is there because consistency of normal special requests. HEARING WAS CLOSED TO THE PUBLIC. Hearing was brought back to the P. C. Ing Roskaft asked if the easements were determined by the Engineer. Bob said if they are not there, they will be required to be there. The City wants to take the opportunity to reserve the areas along the lot lines as easements. Mark Wallace said re: the drainage and utility easements, can the applicant put a fence around it? Bob said yes, but you cannot impede the flow of water or drainage. MARK WALLACE MOTIONED TO GRANT THE CUP BASED ON THE 16 RECOMMENDATIONS FROM THE NAC REPORT DATED DECEMBER 8, 1994. BRUCE RASK SECONDED THE MOTION. MOT ION CARRIED UNANIMOUSLY. THIS WILL BE ON THE 12/27/94 COUNCIL. 6. ANY OTHER PLANNING COMMISSION BUSINESS: Ron Black said the P. C. Needs to identify what alternative you recommended regarding Planning District #4, which plan (Plan #1 or #2). This will be added to the next P.C. Agenda for review and motion. Ron Black said this will probably be his last opportunity to attend as a Liaison and he thanked the P.C. for the opportunity to be here and he enjoyed it. Mark Wallace said the subcommittee for the third Industrial site put off any more meetings until the first of the year. They are inspecting 4 sites. 7. ADJOURN MEETING: LNG ROSKAFT MOTIONED TO ADJOURN. BRUCE RASK SECONDED THE MOTION WHICH CARRIED LNANIMOUSLY. GENE GGENNER, SECRETARY MINUTES BY: Elaine Beatty. Recording Secretary 12/27/94