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06-19-06 PCOTSEGO PLANNING COMMISSION MEETING OTSEGO CITY HALL June 19, 2006 7 PM 1. Chair Nichols will call the meeting to order. Chair Nichols called to order at 7:00 PM. Roll Call: Chair Richard Nichols; Commission Members: Pam Black, Doug Hackman, David Thompson, Tammie Fallon, Troy Watring and John Thelen. Absent: Jim Kolles and Tom Darkenwald. Staff: Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Admin; Dan Licht, City Planner and Laurie Shives, Associate Planner. Council: Mayor Larry Fournier and Councilmembers Vern Heidner and Mark Thorsted. 2. Consider the following minutes. 2.1. June 5 2006 Planning Commission Meeting. Page 2 of the minutes was not included and will be placed on the July 17th Agenda. 3. Planning Items: PUBLIC HEARINGS: 3.1. LanclCor: A PUD Development Stage Plan for a produce market on Lot 5, Block 1. Dan Licht presented the Planner's Report. John Brickley, applicant, went over some of the changes to the design such as adding windows on the east and south elevations that were made in response to staff comments. They have also included in the Landscaping Plan trees along the south line, hedges on west side and they meet the ordinance requirements for the pylon sign. Changes to the Site Plan included an added median on the north side drive through, widening the parking spaces and if needed a retaining wall. Chair Nichols opened the Public Hearing at 7:18 PM. Judy Hudson attested that the proper noticing, posting and publishing was completed. She also stated for the record that adjoining property owner to the west, Tim Phillips of Riverview Liquorette, called her and stated he has no objections to the proposed use. Commissioner Hackman asked if the parking spaces will be decreased by going to 10 foot width. Mr. Licht said the applicant will be taking out the median and therefore will be adding more parking stalls. After planning commission discussion and hearing no public comments, Chair Nichols closed the Public Hearing at 7:24 PM. Commissioner Black motioned to recommend approving a PUD Development Stage Plan for Lot 5, Block 1 Mississippi Sores 6t" Addition, subject to the nine conditions listed in the Planner's Report. Seconded by Commissioner Thompson. All in favor. Motion carried. Planning Commission Meeting of June 19, 2006. Page 2 3.2. Rolfe Builders, Inc: A. Variance from the setback required by Section 20-27-9 of Zoning Ordinance to allow construction of a single family home within 1,000 feet of a registered feedlot. Dan Licht presented the Planner's Report. Chair Nichols opened the Public Hearing at 7:38 PM. Judy Hudson attested that all the proper noticing, posting and publishing was completed. She also entered into the record the letter received from Tom and Barb Berning dated June 19, 2006 stating their opposition to the approval of the variance. John Jackels, Emmerich Development, expressed that this is an unfortunate circumstance and he can't explain how this lot was final platted with Arbor Creek 3rd Addition. Mike Rolfe of Rolfe Builders, explained this is a sold home and the Closing is due at the end of July. He said he called City Hall prior to purchasing lot and asked if there were any restrictions and was told there were no restrictions on this lot. Commissioner Black was concerned if the Berning Feedlot would expand and if current buyers would eventually sell this home. Dan Licht suggested adding a condition that documents must be recorded acknowledging the setback to the feedlot. Mr. Licht also explained the feedlot couldn't expand to the southwest because of the current homes already located within the 1000 foot setback. Christine Berning, said that Barbara Berning is in attendance and she is the major stockholder of the Berning Dairy Farm. Their farm has been in operation for over 100 years and they have turned down offers for waivers from developers. She said that Tom has voiced his opinion through the letter. Chair Nichols closed the Public Hearing at 8:20 PM. Commissioner Black motioned to recommend denying the variance. Motion failed for a lack of a second. Commissioner Black motioned to recommend approving the variance request based on a finding that denial of the variance would refuse the applicant the ability to put the property in question to reasonable use based on the findings listed in the Planner's Report. Seconded by Commissioner Thelen. All in favor. Motion carried. 4. Anv other Plannina Commission Business. 4.1. Update on City Council actions by Councilmember Heidner. CM Heidner updated the Commission on recent City Council actions. 4.2. Update on future Planning Commission Agenda Items by Judy Hudson. Judy Hudson updated everyone on future agenda items. She also noted that the July 3, 2006 Planning Commission Meeting has been cancelled. Planning Commission Meeting of June 19, 2006. Page 3. 5. Adjournment by 10 PM. Commissioner Thompson motioned to adjourn. Seconded by Commissioner Watring. All in favor. Motion carried. Meeting adjourned at 8:38 PM. Mayor Larry Fournier ATTEST: Judy Hudson, Clerk/Zoning Admin.