10-18-95 PCCITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
PLANNING COMMISSION MEETING
OCTOBER 18, 1995
8:00 PM
LChair will call meeting to order.
Chair Swenson called meeting to order at 8 PM.
ROLL CALL: Planning Commission members: Carl Swenson, Ing Roskaft, Arleen
Nagel, Eugene Goenner, Richard Nichols, Suzanne Ackerman, Council Liaison. Excused
absence. Bruce Rask, Jim Kolles. Council Staff: Bob Kirmis, Assistant Planner; Dan
Licht, Elaine Beatty, Clerk/Zoning Administrator; Carol Olson, Secretary.
Council Members Present: Larry Fournier, Vern Heidner.
Ing Roskaft requested that the letter from Richard Nichols dated Oct. 7, 1995, be
made part of 10-4-95 Minutes and attachments.
Ing Roskaft motioned to approve the Minutes of October 4, 1995 with letter from
Richard Nichols dated Oct. 7,1995 attached. Seconded by Arleen Nagel. All in
favor. Motion Carried.
Chair Swenson explained how a hearing is conducted.
Mr. Kirmis went over staff report and comments conveying the position of NAC and
Elaine Beatty's memo dated September 29, 1995. There are some concerns allowing
Home Extended Business in Residential Zoning Districts. (see attached report)
Another concern with allowing such activities is accessory buildings. Proposed ordinance
does not establish size cap. Also the home extended business could be the principal use
causing the single family dwelling to become the accessory. Code enforcement is an issue.
Enforcing the ordinance use would only escalate the problem. Mr. Kirmis stated that the
existing regulations are working well.
Chair Swenson explained that this was a little unusual because generally we hear from the
public. This will be from one of our commissions. Chair Swenson asked that the EDAAC
give their presentation.
Rudy Thibodeau, Liz Wilder, Dave Sederberg, EDAAC members were present.
City of Otsego Planning Commission Meeting of October 18, 1995, cont'd Page 2
Rey Thibodeau
Mr. Thibodeau explained that the EDAAC was made up of volunteers dedicated to
promoting economic development in the City of Otsego. The City Council and EDA
requested that the EDAAC draft a home extended business ordinance that is more
community friendly.
Objective - is to provide an environment that encourages and incubates development of
small business in Otsego.
Purpose - 1. Prevent unfair competition. 2. Provide safe and quiet neighborhoods. 3.
Encourage small business development. 4. Administrative fee based licensing. 5. Clearly
stated prohibited activities. 6. Conditions for inspection and revocations. (In summary
consolidate Section 28 Home Occupations and Section 29 Home Extended Businesses
into a new Section and title it Home Extended Businesses.) A special Home Extended
Business may exceed permitted criteria, requiring an interim use permit by the City
Council, prior to the issuing of a business license. Elk River's Ordinance regarding home
extended business was used as a model for EDAAC's proposal. See attachments.
Liz Wilder - Tim Eng, a hired data base intern from Saint Cloud State University, sent
out 259 surveys. 121 or 46.8% responses were received. Confirmed businesses in Otsego
was 66. Section 29, adopted April 13, 1993, prohibits home extended businesses.
Confirmed businesses formed after January 1, 1993 was 31.8%, according to the survey.
Businesses indicating the business as a primary source of income was 59.1 %. In
conclusion the proposed ordinance is friendly and flexible and provides for a simplified
administrative process. Also the EDAAC requested the Planning and Zoning Commission
for assistance in refining the ordinance prior to presenting it to the City Council. (see
attachments)
Chair Swenson asked if anyone else wished to be heard.
Wallace Odell - EDAAC voiced concern over context of NAC report and staff memo's.
The primary objective is to change the policy from one that prohibits home extended
businesses to be more user friendly. Elk River is aggressive in providing development
programs. Rogers is acquiring Graco which will provide approximately 300 jobs. We are
located between these two communities. To compete, we need to attract the little guy.
Mr. Kirmis voiced his concern about things getting out of hand. We've made a major
change in policy from one of prohibiting home extended businesses to user friendly. Also
the use of accessory buildings, where conceivably 95% of the floor area could be used for
the home extended business. The Zoning Administrator will be able to take care of all the
small businesses. We want them to stay here and believe they are an asset. Feels the
EDAAC came up with a good solution and some things can be ironed out.
City of Otsego Planning Commission Meeting of October 18, 1995 cont'd Page 3
Chair Swenson asked if anyone else had questions. No one did. He closed the Hearing
and brought it back to the Planning Commission for discussion.
Richard Nichols - We have a copy of the letter from the City Attorney dated June 5,
1995. Regarding the changes, were all those incorporated?
Liz Wilder - said that those about language were incorporated into the ordinance. New
definition will go into the ordinance. Permitted Home Extended Business and Special
Home Extended Business are not defined, but definitions can be provided.
Richard Nichols - Asked Mr. Kirmis about the accessory buildings. It appears the main
difference is the use of accessory buildings. There is good control on how big an
accessory building can be, therefor in effect it caps the size. Primary issue is handled in
the ordinance. With definitions added to Sec. 2, I recommend approval with that
condition.
Mr. Kirmis - The ordinance does regulate a CUP over 1,500 square feet. If 1,300 square
feet is for home extended business, that is a sizable business that doesn't require a CUP
process. Below 1,500 square feet there is a potential for impact. Concern is with scale,
accessory uses are secondary.
Richard Nichols - Under Sec. 20-29-4 item L lays out further conditions.
Gene Goenner - That includes farms requiring permit.
Carl Swenson - pointed out Sec. 29-20-2.
Liz Wilder - said the preliminary draft of the business data base report will be available
this week and within a week the final report.
Ing Roskaft - wants this information before voting on it. Not in favor of businesses in
fully residential areas of the city. Home occupation is ok, but sees problems with home
extended businesses. Concern is enforcement.
Richard Nichols motioned to approve proposed ordinance amendment with sec.2
page 5 changed in definition for Home Extended Business and that the amendment
be expanded to address all necessary cross references in the districts and the terms
in all the districts need to be changed. Seconded by Arleen Nagel. Motion carried
with Carl Swenson, Gene Goenner, Richard Nichols, and Arleen Nagel voting for
with Ing Roskaft voting against.
Discussion; Mr Kirmis stated that the amendment needs to be expanded to address all
necessary cross references in the districts and the terms in all the districts need to be
changed.
City of Otsego Planning Commission Meeting of October 18, 1995 cont'd Page 4
Home Extended Business proposed ordinance will be on the agenda for the first City
Council Meeting in November. (November 13, 1995)
4 Planning Commission informal discussion of amendment to the Sign Ordinance
Richard Nichols motioned to table item no. 4, regarding the sign ordinance until the
next Planning Commission Meeting. (November 1, 1995 at 8:OOPM) Seconded by
Ing Roskaft. All in favor. Motion carried.
Elaine Beatty stated that the City Council would set a workshop at the 10-23-95 Council
Meeting regarding Comp. Plan updates. Including City Council, Carl Swenson, Planning
Commission Chair, David Licht, City Planner, Elaine Beatty, Clerk/Zoning Administrator.
This will be brought back to the Planning Commission.
5 Any other Planning Commission Business
There was none.
6. Adjourn
Ing Roskaft motioned to adjourn the meeting. Seconded by Arleen Nagel. All in
favor. Motion carried.
Arleen Nagel, Secretary
By: Carol Olson, Recording Secretary
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