08-06-97 PCCITY OF OTSEGO
PLANNING COMMISSION MEETING
AUGUST 6,1997 8 PM
OTSEGO CITY HALL
1 Chair Swenson will call the Planning Comnission Meeting to order:
Chair Carl Swenson called the Planning Commission Meeting to order at 8:00 PM.
Present: Chair; Carl Swenson, Commission Members; Ing Roskaft, Bruce Rask, Eugene
Goenner, Arleen Nagel, Richard Nichols. Jim Kolles, excused absence. Alternate Bill
Jones, unexcused absence. Council Representative; Vern Heidner
Staff: Bob Kirmis, City Planner;
Elaine Beatty, City Clerk/Zoning Adm.; Carol A. Olson, Secretary
Mayor: Larry Fournier, CM Wendel, CM Berning, CM Ackerman
Consideration of the Planning_ Commission Minutes of July 16, 1997:
ING ROSKAFT MOTIONED TO APPROVE THE PLANNING COMMISSION MEETING
MINUTES OF JULY 16, 1997. RICHARD NICHOLS SECONDED THE MOTION. ALL IN
FAVOR. MOTION CARRIED.
Albertvi'MVkj1Q'4-
Lot 2. BlockOtsego Industrial. • 12 1, Rg 24 PID# 118-132-002020-
a
1.1 1 1
Consider11 1' Text Amendment t1 allow:
:- Limited accessoirt storage i lease of r.
Conditional 1.1 1Ind-) District -
B -1% Service as a Conditional1 an
1. Congider a Condition Use Permit 1 allow,
: Limited accessory storage i lease of 1 anDistrict.
B- Truck wash & se�vice in- an 1-2 District,
c. Consider a Variance to the Otsego Sign Ordinance to allow*
:- Variance from the 11 .. II . 11 140 sq. ft business i1 " 1 • 1 ' 1
• 11 1I0 sq, ft sign),
SwensonChair . / the applicants• 1 asked Mr. Kirmis to • • over / •
Mr. Kirmis - Mr. Daniels of Long Haul Trucking has requested to expand the trucking
business located south of I-94 and west of Kadler Avenue to include commercial truck
washing, commercial truck service, and outdoor truck/trailer rental. An amendment to the
zoning ordinance and a conditional use permit is necessary to accommodate this request.
Exhibits A through G. are attached to NAC's report dated July 30, 1997. Should the City
determine such uses to be acceptable, NAC would recommend approval of the applicants
request subject to 20 conditions listed in the report which Mr. Kirmis read. (see attached)
Exhibit A is the Draft Ordinance Amendment. Exhibit F covers the trailer display details.
The applicant wishes to display a Benson trailer elevated on an earth mound.
Chair Swenson went over the proper procedure for a public hearing.
PLANNING COMMISSION MEETING of August 6, 1997 cont'd Page 2
Elaine Beatty, City Clerk -The proper publishing, posting and mailing has been done.
Dino Buege - Rogers
Works for Long Haul Trucking Long Haul is a real asset to Otsego, built a nice
building and have nice trucks. We want to work
with the City on these issues. The four facilities used
as a comparison have industrial washes, where we
do all our washes by hand and can only do 12 per
day. We are willing to put a site plan together on
stacking two trucks outside the wash.
Bernie Molligan - Monticello
General operations manager Regarding the truck wash, the water supply and
drainage was one of the first issues addressed before
building the facility. We bought the best system
available. It says there is an outside wash used in
summer, that has never hooked up.
Ron Schmult
Scenic Sign - St. Cloud Representing Long Haul Trucking in regard to the
variance on the signage. Have done a sketch showing the
100 sq. ft. 35 ft. high and we are stating that a sign
that size would never be seen from I-94. (70 mph)
Recommending 400 sq. ft. 50 ft high. There are a lot
of trees and a railroad track in the area in the way.
Chair Swenson opened the hearing to the public. No one wished to be heard. Discussion
was brought back to the Planning Commission.
Discussion was had regarding the trees being on railroad property or Mn/DOT property.
They are not on Long Haul property. Why the sign needed to be so large if washing was
done by appointment. The sign was to make people know where the business is.
Ron Schmult - Stated that there is a single line message on the sign which can also be used
by the city for activities, games etc.
Chair Swenson - Went back to the public and asked if anyone wished to be heard. No one
did. Chair Swenson closed the public hearing and brought back Planning Commission.
Item a. Consider a Zoning Text Amendment to Section 20-68-6:
Mr. Kirmis was asked to read the amendment changes to Section 20-68-6 of the Otsego
Zoning Ordinance, which he did.
ING ROSKAFT MOTIONED TO RECOMMEND APPROVAL OF DAFT ORDINANCE
AMENDMENT. SECONDED BY BRUCE RASK. ALL IN FAVOR. MOTION CARRIED
UNANIMOUSLY.
PLANNING COMMISSION MEETING of August 6, 1997 cont'd Page 2
Elaine Beatty, City Clerk -The proper publishing, posting and mailing has been done.
Dino Buege - Rogers
Works for Long Haul Trucking Long Haul is a real asset to Otsego, built a nice
building and have nice trucks. We want to work
with the City on these issues. The four facilities used
as a comparison have industrial washes, where we
do all our washes by hand and can only do 12 per
day. We are willing to put a site plan together on
stacking two trucks outside the wash.
Bernie Molligan - Monticello
General operations manager Regarding the truck wash, the water supply and
drainage was one of the first issues addressed before
building the facility. We bought the best system
available. It says there is an outside wash used in
summer, that has never hooked up.
Ron Schmult
Scenic Sign - St. Cloud Representing Long Haul Trucking in regard to the
variance on the signage. Have done a sketch showing the
100 sq. ft. 35 ft. high and we are stating that a sign
that size would never be seen from I-94. (70 mph)
Recommending 400 sq. ft. 50 ft high. There are a lot
of trees and a railroad track in the area in the way.
Chair Swenson opened the hearing to the public. No one wished to be heard. Discussion
was brought back to the Planning Commission.
Discussion was had regarding the trees being on railroad property or Mn/DOT property.
They are not on Long Haul property. Why the sign needed to be so large if washing was
done by appointment. The sign was to make people know where the business is.
Ron Schmult - Stated that there is a single line message on the sign which can also be used
by the city for activities, games etc.
Chair Swenson - Went back to the public and asked if anyone wished to be heard. No one
did. Chair Swenson closed the public hearing and brought back Planning Commission.
Item a. Consider a Zoning Text Amendment to Section 20-68-6:
Mr. Kirmis was asked to read the amendment changes to Section 20-68-6 of the Otsego
Zoning Ordinance, which he did.
ING ROSKAFT MOTIONED TO RECOMMEND APPROVAL OF DRAFT ORDINANCE
AMENDMENT. SECONDED BY BRUCE RASK. ALL IN FAVOR. MOTION CARRIED
UNANIMOUSLY.
PLANNING COMMISSION MEETING of August 6,1997 cont'd Page 3
Item b. Consider a Conditional Use Permit to allow accessory storage and lease of
truck trailers in an I-2 District.
EUGENE GOENNER MOTIONED TO APPROVE CONDITIONAL USE PERMIT SUBJECT TO
THE 20 CONDITIONS LISTED IN NAC'S REPORT. ING ROSKAFT SECONDED THE
MOTION. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY.
Item c. Consider a Variance to the Otsego Sign Ordinance.
Mr. Kirmis - Long Haul feels the sign allowance is not adequate. The applicant has not
demonstrated unique, non -economic hardship to warrant approval of the request for the
variance. Approval would further establish an undesirable precedent. NAC recommended
denial of the requested sign area and height variance.
Long Haul provided pictures showing the trees in the area.
Richard Nichols stated that this issue was recently discussed and the consensus at that
time was not to allow signage of this size and not start a trend. The Planning Commission
should not allow the variance but should re -look at the ordinance.
Ing Roskaft suggested the applicant contact the railroad or Mn/DOT for some possible
provisions or agreement regarding the trees.
RICHARD NICHOLS MOTIONED TO DENY THE VARIANCE REQUEST BY LONG HAUL
TRUCKING. SECONDED BY ING ROSKAFT. ALL IN FAVOR. MOTION CARRIED
UNANIMOUSLY.
RICHARD NICHOLS MOTIONED THAT THE PLANNING COMMISSION RECOMMEND
THAT THE CITY COUNCIL GIVE THE PLANNING COMMISSION DIRECTION TO REVIEW
THE CITY OF OTSEGO'S SIGN ORDINANCES. SECONDED BY ING ROSKAFT. ALL IN
FAVOR. MOTION CARRIED UNANIMOUSLY.
4 HEARING for Dick Larson, President of Mississippi Rivers=good Association, I_nc.
$660 Highway 101, Otsego MN PM#1 18-500-233100 & 118-500-233101. Un lap tted.
Request is as follows• A An Amendment to the existing Conditional Use Permit_
Chair Swenson went over the applicants request.
Elaine Beatty stated that all the proper publishing, posting and mailing has been done.
Bob Kirmis - Mississippi Riverwood Associates, Inc., is a private recreational trailer
campground located adjacent to the Mississippi River at 8660 Highway 101, and is
requesting an amendment to the existing Conditional Use Permit granted in 1982 by
Wright County. Approval was given with two conditions. The purpose of the amendment
is to clarify the uses, activities and operation allowed at the site under the CUP. The site is
zoned A-1, and is also within the Wild and Scenic Overlay District (sub -district C). A
portion is also with the Floodplain Overlay District. The second condition is regarding
vacation, there has been contention whether the 1982 CUP required the trailers be
removed from the property after November lst or whether the campers may be stored
PLANNING COMMISSION MEETING of August 6,1997 cont'd Page 4
at the site or simply not being occupied by persons. There is the requirement that an
emergency evacuation plan be provided. The floodplain related requirements are to be
made part of this amendment so there is a common understanding as to what is allowed.
The applicants have proposed a storage plan. (see attached pg 9)
Accessory buildings are also an issue. Because this facility is considered seasonal and
campers themselves are not considered permanent, that same rule should apply to
accessory buildings. NAC recommends permanent accessory buildings be prohibited.
Most of the conditions are flood plane requirements. NAC recommended approval of the
conditional use permit amendment subject to conditions listed in NAC's report dated July
29, 1997, which Mr. Kirmis read. (see attached)
Hakanson Anderson Assoc., Inc. has reviewed the application as to engineering issues. A
letter dated July 30, 1997 lists concerns and comments regarding the applicant's request.
(see attached)
Minnesota Department of Transportation has reviewed the applicants' request and has no
major concerns however reminded the applicant of stipulations regarding development
adjacent to a Mn/DOT right-of-way, which are listed in a letter dated July 17, 1997.
(see attached)
Chair Swenson asked the applicant if he wished to comment.
Dick Larson
Mississippi Riverwood - Our committee requested this and after receiving NAC's
report realized this is complex and had our legal advisor
review it and come up now to comment.
Bill Pribyl, Attorney
Mtka.-
Representing Mississippi Riverwood - Hope to persuade the commission with a short
presentation, that the only appropriate action this evening is to table this matter until Staff
and Representatives of Mississippi Riverwood can discuss NAC's recommended plan. To
begin with, the intent of my client was not to get thirteen conditions imposed upon its use
which was permitted and grandfathered since 1982. Since 1982 it has been acting under a
conditional use permit (CUP) and there has been no demonstration that there has been any
violations of the terms and conditions of that use. The terminology used in the CUP from
Wright County may be subject to question. My first request is the we not refer to
Mississippi Riverwood as a trailer campground. It is an RV resort. We should revisit the
CUP. My client did apply for a modification to the CUP. It was not the intention of my
client to go through this exercise at this time. It was not the intention of my client to
come to this commission to debate conditions. There is no reason for a site survey
indicating location of all the existing structures. There is no economic reason to impose
that kind of condition on the applicant. The recommendations of NAC that bears any
relationship to the application is option two. That this City and Council suggested
imposed upon my client, A,B,C, and D. We accept gratefully. The reason this came up
was the result of the 100 year or 500 year flood. When one or more members of the
PLANNING COMMISSION MEETING of August 6, 1997 cont'd Page 5
public were screaming for documents or economic assistance for the loss of their personal
property at the campground. A site plan and survey has been documented in 1982. The
recommendation that a penalty of forfeiture of a CUP for one violation is suggestive of a
taking without consideration. Give us the opportunity to discuss the proposals and bring
back a proposal that meets our needs and the needs, of the City. I do not believe
Mississippi Riverwood or any other applicant be required to have their CUP revoked for
one violation without an opportunity to remedy. This is a cooperative, non-profit,
recreation vehicle resort. Owned by competent economically qualified individuals who
contribute to the community. They should have their opportunity to resolve how they are
going to be managed by the City or alternatively withdraw their application and rely upon
their existing CUP. Thank you.
Chair Swenson asked if any one else wished to be heard. No one did.
Discussion was brought back to the Planning Commission. Since there are many issues
involved with this, I would like to request a site inspection for Saturday August 16, 1997
at 10 AM.
BRUCE RASK MOTIONED TO HAVE A SHE INSPECTION TO REVIEW CONDITIONS.
ARLEEN NAGEL SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.
RICHARD NICHOLS MOTIONED TO CONTINUE THE MISSISSIPPI RIVERWOOD
HEARING TO AUGUST 20,1997. SECONDED BY ING ROSKAFT. ALL IN FAVOR.
MOTION CARRIED UNANIMOUSLY.
Chair Swenson stated that the hearing would not be closed just continued to August 20,
1997, at which time there will be another opportunity for the public to be heard.
Swensonaccessory iUteside
Chair over pprequest.
Elaine Beatty stated that the publishing, posting and mailing have been made.
Mr. Kirmis - Dwight and Marion McKenzie have requested a conditional use permit to
construct an accessory structure upon property located at the north east intersection of
Odell avenue and 83rd Street. The applicant has submitted two options. Option A. is to
construct a 924 sq. ft. garage and leave the existing two pole sheds. Option B. would
eliminate one of the pole sheds and build approximately a 1,300 sq. ft. garage. Option B is
the preferred option. According to the Zoning Ordinance, a detached accessory structure
of an area greater than 1,000 sq. ft. and less than 1,500 sq. ft. could be allowed by an
administrative permit. It also states that no more than one detached accessory structure is
allowed except by a conditional use permit. The existing garage was damaged by the
recent storm. The property in zoned R-3. NAC recommends approval of the conditional
use permit with the second option with removal of the second pole shed.
PLANNING COMMISSION MEETING of August 6, 1997 cont'd Page 6
Chair Swenson opened the hearing to the public and asked if anyone wished to be heard.
Dwight McKenzie
8352 Odell Ave The storm of July first is what did the damage to this garage
and I was hoping that I was grandfathered in and would not
need to apply for a CUP. That is an additional $500.00 cost
for me. I was hoping I could just get a permit and start
building.
Gerald K. Gordon -
neighbor across the St. Dwight has the neatest piece of property, not a blade of
grass out of place. You can't see the pole building behind
there. They are hard working people and feel let him put up
the garage.
Elaine Beatty stated that Nancy Carlson called in favor of the proposed building.
Chair Swenson Brought the discussion back to the Planning Commission.
ING ROSKAFT MOTIONED TO GRANT THE APPLICANTS REQUEST, OPTION B,
SUBJECT TO THE CONDITIONS OF NAC'S REPORT. ARLEEN NAGEL SECONDED.
DISCUSSION:
Richard Nichols - Asked Mr. Kirmis if the current two pole buildings where built under
proper permitting when Township had control of the area and if the basis of the
recommendation for option B. was the elimination of the smaller of the two buildings.
Mr. Kirmis - It was prior to NAC's involvement with the city. It is the intent of the city to
ultimately get rid of non -conforming structures. The applicant has offered to remove one
pole buildings and is proposing a larger garage.
Dwight McKenzie - When both permits where issued a while back through Wright County
you could only build one pole building 800 sq. ft., but you could build two side by side. I
wanted to build one 1,400 sq. ft. building.
Mr. Kirmis - The applicant offered to tear down the building and this was viewed as
positive.
RICHARD NICHOLS RECOMMENDED AN AMENDMENT TO THE CURRENT MOTION TO
DELETE THAT PORTION REQUIRING THE SMALLER OF THE EXISTING POLE
STRUCTURES TORN DOWN AS A REQUIREMENT OF THE CUP. SECONDED BY BRUCE
RASK.
DISCUSSION:
Eugene Goenner - My view is that three accessory buildings in a residential lot is a little
much, even though the County made him do that. Even though they are well taken care of.
Two accessory building would be preferable.
Gerald K. Gordon I lived across the street for about 30 years and didn't know
that building was back there until his garage blew down.
You couldn't even see it. You can't see it from the road.
PLANNING COMMISSION MEETING of August 6 cont'd Page 7
Richard Nichols - If it wasn't replacing a current garage, that would be a valid point. If
someone came in and said they needed a third building, and it was a new application, we'd
say no.
MOTION AS AMENDED PASSED WITH RICHARD NICHOLS, BRUCE RASK, CARL
SWENSON, AND ARLEEN NAGEL VOTING IN FAVOR. EUGENE GOENNER OPPOSED
THE AMENDMENT. MOTION PASSED FIVE TO ONE. (5 TO 1)
Elaine Beatty - This will be on the August 26, 1997 City Council Agenda at 6:30 PM.
6 HEARING initiated hyOtsego, Mayor, City Council, and Planning Commission
r�4»est is as follows: A. Consider an amendment to Otsego's Zoning Ordinance Sec20-19
regarding priirements for huilding re -locations -
Mr. Kirmis - This proposed amendment to the zoning ordinance would allow building
relocations by administrative rather than conditional use permit. This was directed by City
Council. The City Building Inspector raised the question as to whether or not the CUP
requirement would apply to replacement manufactured homes new but relocated to the
site. Because the ordinance did not provide a specific exemption for those, they would
have to be subject to the building relocation requirements. At the second meeting in April
the City Council considered this and directed the ordinance be amended to allow building
relocations administratively. Mr. Kirmis handed out an excerpt from a St. Augusta Twp.
zoning ordinance. Section 18.02. offers some exemptions. Exempting A. relocations
which occur solely within the confines of a single lot or parcel. B. Manufactured homes
within manufactured home parks. and C. Prefabricated and industrialized/modular
buildings as defined by the State Building Code being relocated to their first permanent
building site. The City Council has directed the preparation of an amendment which
would establish building relocations as administrative approval. NAC has prepared a
Draft Amendment attached to the Memorandum.
Mr. Kirmis contacted the State Building Official regarding terminology for manufactured
homes. New construction off site is still required to meet all other regulations.
Chair Swenson opened hearing to the public. No one wished to be heard. Chair Swenson
closed the public hearing and brought it back to the Planning Commission.
Eugene Goenner - Asked Mr. Kirmis what would better serve the city, the St. Augusta
example or the proposed draft ordinance.
Mr. Kirmis - The St. Augusta's Zoning Ordinance. The Planning Commission could make
a recommendation with additional changes.
EUGENE GOENNER MOTIONED TO CHANGE THE OTSEGO ORDINANCE SECTION 20-19
TO ADD THE EXEMPTIONS OF THE ST. AUGUSTA ORDINANCE, SPECIFICALLY 18.02,
ITEMS A, B, AND C BE ADDED INTO THE OTSEGO ORDINANCE. RICHARD NICHOLS
SECONDED. ALL IN FAVOR. MOTION CARRIED UNANIMOUSLY.
PLANNING COMMISSION MEETING of August 6,1997 cont'd Page 8
DISCUSSION:
Suzanne Ackerman
Packard Avenue If you go with St. Augusta's regulations as far as pre -fab/
mobile homes, and letting the surrounding residents know what is
being brought in, you are pretty much telling the people hey, you
can't paint your house that color. Everybody has a right to put in
what they want. Be aware, that some people might be upset if the
city tells them what they can and can't bring in.
Eugene Goenner - To clarify, I don't think under these ordinances we are telling people
what they can or can't bring in. We are saying if it is new construction you don't have to
have a CUP, just come in and get a building permit. If bringing in an existing building that
has been pre-existing on another site then a CUP is needed, so the neighbors are notified
and have an opportunity to comment.
This will be on the City Council Agenda of August 11, 1997 at 6:30 PM.
7 Any other Planning Commission Business:
CM Heidner updated the Planning Commission on the joint meeting with the Albertville
City Council on July 23,1997, to discuss them providing sewer and water services to a
proposed development (NASCAR) in the southwest corner of the city. Met with Tom
Truzinski, bonding agent, with Juran and Moody regarding costs involved with a
Wastewater Treatment Plant and the different ways to pay for it. Developer pays for
running pipes, or City can run lines to the property and have Sac. & Wac. charges.
8. Adjourn:
ING ROSKAFT MOTIONED TO ADJOURN. RICHARD NICHOLS SECONDED. ALL IN
FAVOR. MOTION CARRIED UNANIMOUSLY.
444. �4&
Ji olles, Secretary
Recorded by: Carol A. Olson
mpc8697.wps