04-06-09 PCITEM 2-1
OTSEGO PLANNING COMMISSION MEETING
OTSEGO CITY HALL
APRIL 6, 2009
7 PM
1. Chair Black will call the meeting to order.
Chair Black called the meeting to order at 7 PM.
Roll Call: Chair Pam Black, Commission Members: Tammie Fallon, Doug
Hackman, David Thompson, Richard Nichols and John Thelen. Absent: Jim Kolles and
alternate Brian Gerten.
Staff: Dan Licht, City Planner and Tami Loff, City Clerk.
City Council: Councilmembers Vern Heidner and Mark Thorsted.
2. Consider the following minutes.
2.1. March 2, 2009 Planning Commission Meeting.
Commissioner Hackman motioned to accept the minutes as written.
Seconded by Commissioner Fallon. All in favor. Motion carried.
3. Planning Items:
PUBLIC HEARING ITEMS:
3.1. Douglas Cummings:
A. Interim Use Permit to allow accessory outdoor sales and displax.
City Planner Dan Licht presented the Planner's Report.
Applicant Doug Cummings, Cummings Mobility, 6640 Jansen Ave, said that there will
not be parking added to the southeast of the building. Mr. Licht said the submitted
plans do show parking to be added at that location. Mr. Cummings said that it is not
intended to be constructed. Mr. Licht said that the City can defer construction of the
parking until it may be needed in the future.
Mr. Cummings stated that he wishes to apply for a Conditional Use Permit (CUP)
instead of an Interim Use Permit (IUP). Mr. Licht said that the proposed accessory
sales use is allowed in the I-2 District only as an interim use. Council Member Vern
Heidner that CUPs stay with the property but that IUPs can be terminated upon change
of ownership or use.
Commissioner Nichols asked Mr. Cummings what is his concern. Mr. Cummings
responded that the potential for a change in zoning voiding the IUP puts his business at
risk. Commissioner Nichols stated that the Planning Commission must follow what is
allowed by the Zoning Ordinance.
Mr. Licht stated that the application before the Planning Commission is for an IUP and
that Mr. Cummings would need to apply for a Zoning Ordinance amendment to allow
for accessory sales uses in the I-2 District as a conditional use. Mr. Licht stated that
Planning Commission Meeting April 6, 2008. Page 2.
based on the recent change to the Zoning Ordinance making accessory sales an interim
use and the reasons for doing so, City staff would not recommend approval of such an
application.
Chair Black asked Mr. Cummings if it was his intent to proceed with the application at
this time. Mr. Cummings stated that he wished to have the application considered.
Attorney Lawrence Marofsky, 7022 Brooklyn Blvd, is representing Mr. Cummings and
stated that their intent is to proceed with the IUP application and address with City staff
at a later date the issue of a potential application to amend the Zoning Ordinance
Mr. Marofsky, stated a second concern of the applicant is the limitation on selling non -
disability accessible vehicles not taken in trade. Mr. Marofsky said that other uses in the
I-2 District are allowed vehicle sales, for semi tractor -trailers, recreational vehicles and
agriculture equipment, etc. as a conditional use. Mr. Licht responded that the outdoor
sale / display of these types of vehicles and equipment are allowed in the I-2 District
due to the specific use and industrial character of the products that can compatibly
locate within industrial areas. Mr. Licht said that passenger vehicle sales are limited to
the B-2, Highway Business District which is intended to accommodate more consumer
oriented businesses. The allowance of outdoor sales and display of vehicles within the
I-2 District in regard to this application is to accommodate a related, secondary use of
the business involved in disability accessible vehicle conversions, not to allow for
establishment of a used car lot.
City Clerk Tami Loff attested that all proper noticing, publishing and posting was
completed.
Chair Black opened the Public Hearing at 7:20 PM.
There were no public comments.
Commissioner Thompson wants to clarify what types of vehicles are to be sold. Mr.
Cummings responded that he would like to bring in passenger vehicles other than
disability accessible vehicles or vehicles taken in on trade.
Mr. Marofsky said it is going to be hard to determine what vehicles are converted or
trade-ins. Commissioner Thelen suggested specifying the total number of non -disability
accessible passenger vehicles offered for sale on the property. Mr. Marofsky said the
applicant would have no objections with recommended limit.
Chair Black closed the Public Hearing at 7:35 PM.
Planning Commission Meeting April 6, 2008. Page 3.
Council Member Heidner suggested surface stripping within the display area should be
in different colors to identify. Commissioner Thompson agreed to allow limited number
of passenger vehicles, which may either be taken in trade or brought in from other
sources.
Commissioner Thelen said that the Planning Commission could recommend a certain
number and then review the issue again in the future. Mr. Cummings explained that
their business will include manufacturing with approximately 15 employees. They use
50 to 60 parking spaces at their current location. Mr. Cummings said that they would
intend to expand in Otsego in the future.
Commissioner Fallon asked how much more can they expand. Mr. Licht explained
expansion of the building and parking on the site plan. Commissioner Fallon stated that
she struggles with the idea of allowing the sale of vehicles acquired from sources other
than trades as the principal business on the property is van conversion.
Commissioner Thelen motioned to approve the IUP subject to the 8
conditions including modifications for item 2:
2. Outdoor sales and display is limited to vehicles modified/converted
on site, disability vehicles manufactured off-site and/or not more
than thirteen (13) other passenger vehicles.
Seconded by Commissioner Nichols. Motioned carried 5-1. Commissioner
Fallen opposed.
3.2. Robert & Lori Pratt:
A. CUP for a second driveway to a single family lot within an R-3
District.
Dan licht presented the Planner's Report.
Applicant had no comments.
City Clerk Tami Loff attested that all proper noticing, publishing and posting was
completed.
Chair Black opened the Public Hearing at 7:59 PM.
Commissioner Hackman asked what year the garage was built. Mr. Pratt said about
eight years ago. Commissioner Hackman said he has a concern with extension of all
these driveways. Mr. Pratt said he couldn't build on that lot. The ghost lot is where the
garage is located.
Planning Commission Meeting April 6, 2008. Page 4.
Hearing no public comments Chair Black closed the Public Hearing at 8:07 PM.
Commissioner Fallon suggested changing wording to 1 year. Mr. Licht said they can
change date to Dec 1St of this year.
Commissioner Nichols motioned to approve a CUP allowing construction of a
second driveway subject to the two conditions listed in the Planners report
with changing of date. Seconded by Commissioner Thompson. Motion carried
5-1 with Commissioner Hackman opposing.
3.3. Dan Hennum:
A. Zoning Map amendment rezoning from A-1 District to R-7 District.
B. PUD-CUP/Preliminary Plat.
Dan Licht presented the Planner's Report.
City Clerk Tami Loff attested that all proper noticing, publishing and posting was
completed.
Applicant Dan Hennum was present.
Chair Black opened the Public Hearing at 8:26 PM. No public comments.
Commissioner Hackman asked applicant when you would start project.
Mr. Hennum said possibly this fall or early spring of next year. Commissioner Hackman
said there are currently a lot of open lots in the city. Chair Black expressed concern with
the 19 issues listed in Planners report. Mr. Hennum he will work with staff to reduce the
number of issues.
Commissioner Thompson said his concern is with storage or emergency places for
homeowners during storms. Mr. Hennum said some homes will have basements; walls
will be block not stick. He will look at adding storm rooms.
Commissioner Fallon asked what the price point is. Mr. Hennum said around $139,000.
Commissioner Fallon said with the 4 phases, what is the time period. Mr. Hennum said
3 years.
Chair Black closed the Public Hearing at 8:42PM.
Commissioner Fallon motioned to approve Zoning Map amendment rezoning
the subject site from A-1 District to R-7 District based on a finding that the
action is consistent with the Comprehensive Plan. Seconded by
Commissioner Thelen. All in favor. Motion carried.
Commissioner Fallon motioned to approve a PUD-CUP/Preliminary Plat for
River Ridge subject to the 19 conditions listed in the Planners report.
Seconded by Commissioner Hackman. All in favor. Motion carried.
Planning Commission Meeting April 6, 2008. Page S.
4. Any other Planning Commission Business.
4.1. Election of 2009 Planning Commission Chair and Vice -Chair.
Chair Black opened for nominations for Chair.
Commissioner Nichols nominated Pam Black. Seconded by Commissioner
Thompson.
Commissioner Thompson motioned to close the nominations. Seconded by
Commissioner Thelen. All in favor. Motion carried.
Chair Black opened for nominations for Vice Chair.
Commissioner Nichols nominated David Thompson. Seconded by
Commissioner Fallon.
Commissioner Thelen motioned to close the nominations. Chair Black
seconded. All in favor. Motion carried.
4.2. Update on City Council actions by Councilmember Heidner.
Councilmember Heidner updated the commissioners.
4.3. Update on future Planning Commission Agenda Items by
Ta m i Loff.
No items.
5. Adjournment by 10 PM.
Commissioner Fallon motioned to adjourn. Seconded by Commissioner
Thelen. All in favor. Motion carried. Adjourned at 8:55 PM.
Pam Black, Chair
Attest:
Tami Loff, City Clerk