08-06-97 PCrl'
NORTHWEST ASSOCIATED CONSULTANTS
INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
File
Bob Kirmis
31 July 1997
Otsego - Long Haul Trucking - Sign Variance
176.02 - 97.11
This memorandum is written at the request of Andy MacArthur and is intended to document
previous discussions with Ms. Dino Buerge who is representing Long Haul Trucking in the
pending CUP and variance application.
On 8 May 1997 Ms. Buerge met with City staff to discuss the processing of the Long Haul
application. At that time, Ms. Buerge indicated that Long Haul wished to request a
variance from the City's maximum 100 foot area requirement for business identification
signs (need for variance from sign height was not indicated). Specifically, it was indicated
that a sign +400 square feet in area was desired. At the meeting, I advised Ms. Buerge
that in order to grant a variance, a genuine non -economic hardship unique to the subject
property must be demonstrated. Ms. Buerge was further advised that a decision of
approval or denial of th% request is made by the City Council.
In regard to demonstration of hardship, I advised Ms. Buerge that she must demonstrate
to the City that the Long Haul site is unique and that it holds characteristics which would
warrant variance from the maximum 100 square foot sign area requirement. Ms. Buerge
questioned whether the subject site's proximity from 1-94 (via separation via rail corridor,
lower elevation etc.) could constitute a hardship. I indicated that such conditions may, but
it would would be the responsibility of Long Haul Trucking to demonstrate such hardship
to the City. I also noted that a sign four times larger than the City's maximum requirement
may be viewed as excessive.
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637
AUG -06-1997 14:40 NAC
612 595 9837 P.01i01
NNORTHWEST ASSOCIATED CONSULTANTS
INC COMMUNITY PLANNING - DESION - MARKET RESEARCH
MEMORANDUM
TO: File
FROM: Bob Kirmis
DATE:
6 August 1997
RE:
Otsego - Long Haul Trucking
FILE NO:
176.02 - 97.11
This memorandum is intended to document a call received on 5 August from Wayne
Fingalson of the Wright County Highway Department. Mr. Fingalson called to respond to
the pending Long Haul Trucking (truck wash and truck service) proposal.
While Mr. Fingalson indicated it would be desirable to have eight foot wide shoulders
constructed alongside County Road 37, it was his opinion that such improvement could not
be justified as a condition of the Long Haul Trucking CUP.
Mr. Fingalson had no further comments regarding County road impacts of the proposed
use.
PC: Elaine Beatty (via fax transmission)
David Licht
5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK. MINNESOTA 554 f 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637
TOTAL P.01
r „ JUL. 30.1997 12:19PM
Hakanson
Anderson
Assoc.,Inc.
July 30, 1997
Elaine Beatty, Clerk
City of Otsego
8899 Nashua Boulevard NE
Otsego, MN 55330
Re: Long Hall Truck CUP
Dear Elaine:
NO. 622 F. 4/t)
3601 Thurston Avenue
Anoka, Minnesota 55303
612/427-5860
Fax 612/427.3461-- 0620
Hakanson Anderson Associates, Inc. has reviewed the CUP application dated July 7,
1997 for the above referenced CUP. A potential engineering issue with regard to the
CUP is the increased traffic generated on City streets due to the proposed change in
use, The proposed change in use to a commercial truck washing station is anticipated
to draw traffic from 1-94 to the facility. We offer the following comments relative to
this issue,
Janson Avenue, the local roadway serving the facility, was constructed
to accommodate truck traffic associated with commercial/industrial
usage. The additional traffic should not cause undo wear on the roadway
beyond that considered in the design.
The remainder of the roadways accessing the site are anticipated to be
County ropdways. The County should comment on the potential impacts
to these roadways,
Another issue is the raised display area near 1-94. The developer should submit a
grading plan for review. Two key issues are that :
1. The raised area does not significantly affect site drainage.
2. The proposed side slopes are not exceeding steep, which may pose an
erosion problem.
Engineers Landscape Architects surveyors
.JUL.30.1997 12:20PM
Elaine Beatty, Clerk
Page 2
July 30, 1997
If you have any questions, please do not hesitate to contact me.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
k/m 60��' e -")b
Kevin P. Kielb, PE
kas
CC! Lawrence G. Kophak, PE
Bob Kirmis, NAC
Andy MacArthur, Attorney
ot2600.eh1
N0.622 P.5/5
_1
Hakanson
17,11 Anderson
Assoc., Inc.
JUL-30-1997 10:43 NAC
612 595 9837 P.02
N W.64% rM111*1 NORTHWEST ASSOCIATED CONSULTANTS
INC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
PLANNING REPORT
TO: Otsego Mayor and City Council
FROM: 'Bob'Kirmis'/ David Licht
DATE: 30 July 1997.
RE: Otsego - Long Haul Trucking Zoning Ordinance Amendment/
CUP / Variance
FILE NO: 176.02-97.11
EXECUTIVE SUMMARY
Background
Mr. John Daniels on behalf of Long Haul Trucking has expressed a desire to expand his
trucking business located south of Interstate 94 and west of Kadler Avenue to include the
following accessory services:
A. Commercial truck washing.
B. Commercial truck service.
C. Outdoor truck/trailer rental (leasing).
While the aforementioned commercial truck wash and truck service activities have been
advertised by Long Haul Trucking, no formal approvals for such uses have, to date been
granted by the City. Technically, such activities (if provided) represent illegal non-
conforming uses.
To legally accommodate such activities, an amendment to applicable 1-2, General
Industrial District provisions is necessary. Specifically, an amendment is needed which
would establish truck washing and truck service activities as conditional uses in the
district. 1-2 District provisions currently list "open or outdoor service, sale, and rental as
a principal or accessory use" as a conditional use. Thus, a mechanism presently exists
to process the proposed truck/trailer rental activities.
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 664 16
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9$37
JUL-30-1997 10:44 NAC 612 595 9837 P.03
Should the City find truck washing and truck service to be acceptable uses (principal or
accessory) in the district and approve the necessary amendment, it may then consider a
specific conditional use permit request applicable to the Long Haul Trucking site.
In conjunction with the text amendment and conditional use permit requests, the applicant
has also requested a variance from the City's maximum 100 square foot area and 35 foot
height requirements for business identification signs. Specifically, the applicant is
proposing the erection of a business sign measuring 468 feet in area and 50 feet in height.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Recommendation
Draft Zoning Ordinance Amendment
Site Location
Detailed Site Location
Previously Approved Site Plan
Proposed Site Plan
Trailer Display Details
Sign Plan
Text Amendment/Conditional Use Permit Requests
It is the opinion of our office that a decision regarding the acceptability of truck service
washing and service in the 1-2 Zoning District (as principal or accessory use) is a matter
of City policy to be determined by City officials. Should the City determine such uses to
be acceptable, our office would recommend approval of the requested conditional use
permit to allow: 1) commercial truck washing; 2) commercial truck service; and 3)
accessory outdoor sale and rental subject to the following conditions:
1. The City formally approve a text amendment establishing truck washing and truck
service (accessory) as conditional uses in the 1-2 Zoning District.
2. In consideration of review and comment by the City Engineer, the City of Albertville
and the Wright Coanty Highway Department, a determination is made by the City
that traffic generated by the proposed uses is within the capabilities of streets
serving the property.
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JUL-30-1997 10:45 NAC 612 595 9837 P.04
3. The submitted site plan is revised (to scale) to depict the following:
a. Specific truck stacking areas for both the truck wash and truck service
facilities.
b. Truck circulation routes.
C. The proposed truck trailer display area.
4. A minimum of two stacking spaces for each truck wash bay be provided.
5. The commercial truck wash and service operate only between the hours of 7:00 AM
and 11:00 PM.
6. The City Engineer provide comment and recommendation in regard to water supply
and disposal issues associated with the commercial truck wash facility.
7. All refuse is stored in containers which are screened and enclosed by a fence or
similar structure.
8. All potentially hazardous wastes are disposed of in a manner approved by the
Minnesota State Fire Marshal and Minnesota Pollution Control Agency.
"4
9. Any bulk storage of gasoline, chemical or flammable. liquids comply with the
Minnesota State Fire Marshal's office and documentation of compliance is provided
to the City.
10. The sale of products or service other than truck washing, service and trailer leasing
(i.e., retail convenience good items) is prohibited.
11. The City reserves the right to require additional off-street parking if determined
necessary to accommodate use demands_
12. The applicant provide documentation of Long Haul.Trucking's employee count.
13. The applicant identify methods of handling (or detouring) excessive on-site truck
wash and truck se?Vice traffic (in excess of 12 truck washes per day as estimated
by the applicant).
14. No advertising or business signs are placed on or attached to the "Benson" trailer
to be displayed.
3
JUL-30-1997 10:45 NAC 612 595 9837 P.05
15. Specific noise mitigation measures are identified by the applicant. Noises
emanating from the subject site shall comply with applicable Minnesota Pollution
Control Agency standard (NPC 7010 as may be amended).
16. Outdoor equipment rental activities not exceed 7,750 square feet in area (50
percent of the gross floor area of the site's principal building).
17. The City Engineer provide comment and recommendation in regard to site drainage
issues, particularly in regard to the impact of the elevated trailer display area.
18. The outdoor sales (rental) area is hard surfaced to control dust.
19. No more than one freestanding business sign is erected upon the subject site in
accordance with City signage requirements, unless a variance is requested and
approved by the City.
20. Comments of other City staff.
Sign Variance Request
It is the opinion of our office that the applicant has not demonstrated unique, non -economic
hardship to warrant approval of the requested sign area and height variance: While the
subject site's separation from Interstate 94 is increased due to an adjacent rail corridor,
such situation is not considered justification for variance approval. The separation of the
site from a visible transportation corridor by privately owned property constitutes a pre-
existing condition known to the property owner at the time of property development. This
does not, in our opinion, constitute "undue hardship" which is unique to the subject
property. Approval of the requested variance would further establish an extremely
undesirable precedent for future similar requests. As a result, we recommend denial of the
requested sign area and height variance.
ISSUES ANALYSIS
Zoning Ordinance Amendment
Existing Regulation. While applicable 1-2 Zoning District provisions list "truck terminals"
as a permitted use, it is the opinion of our office that commercial truck wash and service
activities (available to the public) extend beyond the intended function of such use. The
current exclusion of such uses from the district relates to the district's purpose, which is
to provide areas suitable for the location of "industrial" activities. Generally speaking, the
JUL-30-1997 10:46 NAC 612 595 9837 P.06
offering of commercial truck service and washing (open to the general public) is a
commercial, rather than industrial, type of use and may arguably conflict with the intent of
the 1-2 District This is not to say, however, that such use could not compatibly exist in an
industrial setting provided proper conditions are imposed.
The 1-2 District currently lists 'open or outdoor sale and rental as a principal or accessory
use' as a conditional use in the district. Thus, a mechanism presently exists to
accommodate the proposed truck trailer leasing activities.
To accommodate the wash and service activities, it is first necessary to provide a
mechanism or means by which it may be allowed to exist. Thus, the processing 'of an
Ordinance amendment to establish truck washing and truck service as conditional uses
in the 1-2 District is necessary. A decision regarding the appropriateness of truck washing
and service in the 1-2 District is considered a policy matter to be determined by City
officials.
Draft Amendment. Should the City determine that commercial truck washing and service
within the 1-2 District may represent an acceptable use, a second step would be to
establish specific conditions under which allowance would be acceptable. Attached as
Exhibit A is a draft Zoning Ordinance amendment which would make commercial truck
washes and commercial truck service conditional uses in the district (as principal or
accessory uses)_ The various conditions listed for each use are intended to mitigate
possible adverse impacts associated with such activities.
Obviously, approval of the aforementioned amendment is necessary to consider the
conditional use permit request applicable to the Long Haul Trucking site. Conversely,
denial of the text amendment would have the effect of denying the applicant's request to
establish commercial truck service and washing upon the City.
Conditional Use Permit
CUP Evaluation Criteria. As noted previously, the applicant has requested approval of
a conditional use permit to allow truck washing, truck service, and truck/trailer rental as an
accessory use. According to Section 20-4-2.F of the Ordinance, the Planning
Commission and City Council must consider the possible adverse effects of the proposed
conditional use. Their judgement must be based upon but not be limited to the following
factors:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
5
JUL-30-1997 10:47 NAC 612 595 9837 P.07
3. The proposed use's conformity with all performance standards contained herein
(i.e., parking, loading, noise, etc.).
4. The proposed use's effect upon the area In which it is proposed.
5. The proposed use's impact upon property values of the area in which it is proposed.
6. Traffic generation by the proposed use in relation to capabilities of streets serving
the property.
7. The proposed use's Impact upon existing public services and facilities including
parks, schools, streets, and utilities, and its potential to overburden the City's
service capacity.
Land Use Compatibility. To determine the compatibility of the proposed use, it is
considered beneficial to examine neighboring land uses. The following is a listing of
specific land uses and zoning designations which surround the subject site.
Direction
Land Use
Zoning
Guided
Land Use**
North
1-94/Agriculture
A-1
Agriculture
South
Undeveloped
1-2
Industrial
East
Agriculture/ Farmstead*
A-1
Industrial
West
Undeveloped
1-2
Industrial
* Within City of Albertville
Per Otsego and Albertville Comprehensive Plans
While the area in question is currently void of sensitive uses (i.e., residential
development), it should be noted that the City of Albertville, in its adopted land use plan,
suggests medium density residential development to the southeast of the site (see Exhibit
C).
In recognition of this sit ation, it is considered appropriate to solicit comments from the
City of Albertville in regard to the acceptability of the proposed use. As part of the City's
consideration of the applicant's request, a finding should be made that the proposed use
is consistent with both present and future land uses in the area.
A
JUL-30-1997 10:47 NAC 612 595 9837 P.08
Recognizing that the 1-2 Zoning District currently makes provision for uses which are
arguably more intense than the proposed uses (i.e., major auto repair, manufacturing,
eta), it is believed the proposed use can compatibly exist in the area (provided that proper
projections are in place).
Performance Standards. As a condition of CUP approval, all applicable performance
standards related to the proposed site uses must be satisfactorily met.
Property Values. As part of the conditional use permit evaluation, findings should be
made that the proposed use will not negatively impact area property values. While no
detailed study has been conducted, the proposed use is not anticipated to negatively
impact area property values.
Traffic Generation. Of primary issue with the proposed use is the increased traffic
generation which will result from the offerings of commercial truck wash and service uses.
Such increased traffic will infiltrate not only roadways within the City of Otsego, but within
the City of Albertville as well. Specific traffic related issues should be subject to speck
comment and recommendation by Engineers for the Cities of Otsego and Albertville and
the Wright County Highway Department.
Truck Wash
Trak Impacts. A major issue with the proposed truck wash is the facility's impact upon
the surrounding roadway system and its ability to accommodate increased traffic volumes.
To be specifically noted is that access to the subject site from 1-94 must be achieved
through the City of Albertville. As a condition of CUP approval, a finding should be made
that increased volumes resulting from the proposed use can be accommodated. This
issue should be subject to further comment by the City Engineer, City of Albertville, and
Wright County Highway Department.
According to information provided by the applicant, the Long Haul Trucking facility
presently has one interior truck washing bay and one exterior bay which is used in
Summer months (see Exhibit C). These washing bays were approved as part of the initial
site plan review with an "understanding" that they would serve only Long Haul trucks.
It is now the intent of the applicant to offer truck washing service to the general public. A
maximum truck washing capacity of 12 trucks per day has been estimated by the applicant.
While this estimate is well taken, an examination of similar facilities is considered
appropriate to gain an understanding of possible truck wash volumes. In this regard, the
following contacts were made.
7
T1:1-
JUL-30-1997
1:
JUL-30-1997 10:48 NAC
612 595 9837 P-09
Facility
Location
Estimated Truck Washes
Per Day
Metro Truck Wash
Lakeville, Minnesota
20-30
Flying J Travel Plaza
Fargo, North Dakota
10-30
Truckers Inn
Moorhead, Minnesota
12
R & L Truck Wash
South St. Paul, Minnesota
20-30
NOTE: "Rogers Car and Truck Wash" is no longer in business
As shown above, an average of 20 trucks per day are washed by the preceding facilities.
In this regard, some concern exists that truck washing volumes of the proposed use may
exceed 12 per day as estimated by the applicant.
As a condition of CUP approval, the applicant should identify methods of handling (or
detouring) excessive on-site truck wash and truck service traffic (beyond 12 washes per
day as estimated by the applicant).
Off -Street Parking. In initial review of the facility's site plan (conducted in May of 1995),
it was determined that a minimum off-street parking supply of 18 spaces must be provided
for the Long Haul "truck terminus) (one per employee on maximum shift). According to the
applicant, this employee count has not changed since 1995. With an off-street parking
supply of 38 spaces, it is believed ample area on site does exist to provide truck stacking
space. To provide an assurance of ample parking, however, documentation of employee
counts should be provided to the City.
Stacking Space. Also of significant issue is the impact that the proposed truck wash (and
truck service) activities will have upon site circulation. Of particular concern is whether
proper "stacking" or "holding" space exists for trucks awaiting entry into the wash bays.
While the submitted site plan does identify the two designated wash bays, specific
"stacking" areas have not been identified.
Based on contacts made with the Metro Truck Wash in Lakeville and the Flying J Travel
Plaza and recommendations of their truck wash facility operators, it is recommended that
a minimum of two stacking spaces per truck wash bay should be provided.
The ability to accommodate truck stacking and maneuvering in a maximum use scenario
is considered a paramount issue which must be addressed. As a condition of CUP
approval, the submitted site plan should be modified to identify speck truck stacking
areas (2 spaces per wash bay) and circulation routes.
0
JUL-30-1997 10:49 NAC 612 595 9837 P.10
Hours of Operation. According to the Ordinance, hours of operation for truck washes
are to be limited to minimize the effect of nuisance factors such as traffic noise and glare
upon neighboring residential uses. As noted previously, the City of Albertville's land use
plan suggests medium density residential development south of County Road 37 and east
of Kadler Avenue (southeast of the Otsego Industrial Park).
Recognizing this condition (as well as a proposed complementary off-street parking
arrangement), the establishment of hours of use operation is considered appropriate. In
this regard, it Is suggested that the operation of the commercial truck wash be limited to
between the hours of 7:00 AM and 11:00 PM.
Drainage/Water Use. Undoubtedly, the proposed truck wash will result in greater on-site
water use. Issues related to water supply and disposal should be subject to comment by
the City Engineer.
Refuse. The addition of a commercial truck wash component to the subject site may
impact the quantity of refuse produced on the property. According to the ordinance, all
refuse must be stored in containers. Such containers must be screened and enclosed by
a fence or similar structure.
Track Service
Use Description. Long Haul Trucking currently owns 100 tracks which are serviced upon
the subject site within three service bays (see Exhibit E). The applicant would like to
service other (non -company) trucks as time and space allow_ According to the applicant,
truck service would be by appointment only to eliminate site congestion concerns.
Traffic Impacts. As in the case of the proposed truck wash, the addition of truck service
upon the subject property will escalate site (and area) traffic volumes. Traffic related
issues should be subject to comment by the Otsego City Engineer, Albertville City
Engineer and Wright County Highway Department.
Site Circulation. According to the submitted site plan, a total of 30 "truck" parking stalls
exist upon the subject site. Obviously this is significantly less than the 100 trucks
presently owned by Long Haul. As a condition of CUP approval, the applicant should
demonstrate that ample Yuck storage/parking area exists upon the subject site and that
truck storage will not negatively impact site circulation.
While it is recognized that truck service is to be "by appointment only", concern exists over
the possibility of trucks converging on the site without appointment (unaware of
appointment requirement). As a result, related site circulation issues are considered
relevant.
9
JUL-30-1997 10:49 NAC 612 595 9837 P.11
r`-
Although the submitted site plan does graphically identify truck service stalls, it does not
indicate any specific service area "waiting" or "pick up" truck parking areas. To
demonstrate that the site in question can accommodate the proposed use intensity, it is
recommended that truck service parking and circulation patterns be identified upon the site
plan.
Environmental) Issues. Associated with the proposed truck service use is the increased
introduction of oils and grit to the site. Such waste materials raise concerns in regard to
storage, storm drainage, and removal. As a condition of CUP approval, all potentially
hazardous wastes must be disposed of in a manner approved b the Minnesota State Fire
Marshal and Minnesota Pollution Control Agency.
Liquid Storage. Per Section 20-16-19 of the Zoning Ordinance, storage of gasoline,
chemical or flammable liquids must comply with the requirements of the Minnesota State
Fire Marshal's office and have documents from such office stating the use is in
compliance.
Sale of Other Products. The requested conditional use permit does not confer on the
applicant the ability to sell any product or service other than truck servicing (i.e., retail
convenience store type items). The 1-2 District provisions do, however, make an allowance
for accessory enclosed retail uses by conditional use permit.
Off -Street Parking. The applicant has indicated that the truck service (and wash) will
complement the off-street parking demand requirements of Long Haul Trucking, as the
Long Haul trucks vacate the premises during daytime hours.
This staggered off-street parking arrangement is considered generally acceptable. The
City shall, however, as a condition of CUP approval, impose maximum hours of commercial
service operation and reserve the right to require additional off-street parking if determined
necessary to accommodate use demands.
Building Modifications. According to the applicant, no building modifications are to
result from the proposed truck wash, truck service and truck/trailer leasing activities. To
accommodate the proposed leasing activities, however, an outdoor trailer display area is
proposed to be constructed. This item will be addressed in the following section of this
report.
Noise. According to the Ordinance, provisions must be made to reduce noise. In this
regard, noises emanating from the proposed use must be in compliance with the State of
Minnesota Pollution Control standards, Minnesota Regulations NPC 7010, as may be
amended. As a condition of CUP approval, specific noise mitigation measures should be
identified by the applicant.
10
JUL-30-1997 10:50 NAC 612 595 9837 P.12
Hours of Operation. As in the case of the truck wash, a limitation of use operation is
considered necessary to address potential compatibility concerns upon future neighboring
residential uses. Thus, it is recommended that the commercial truck service facility
operate only between the hours of 7:00 AM and 11:00 PM.
Truck Trailer Leasing
Use Description. The applicants have expressed a desire to become a dealer of
"Benson" Tractor Trailers. To become an authorized dealer, Long Haul must display one
trailer on the subject property. It is the applicant's intent to display such single trailer
northwest of the site's principal building (along 1-94) in a manner similar to that illustrated
upon Exhibit F. The trailer is proposed to be illuminated via a floodlight and advertised via
a 3 foot by 5 foot sign.
Regulation. Section 20-68-6A of the Zoning Ordinance lists open or outdoor service,
sale and rental as a principal or accessory use" as a conditional use in the 1-2 Zoning
District. As conditions of use allowance, the ordinance stipulates that the following
conditions must be upheld:
1. Outside service, sales and equipment rental connected with the principal use is
limited to fifty (50) percent of the gross floor area of the principal use (building).
2. Outside sales areas are fenced and screened from view of neighboring residential
uses or an abutting Residential District in compliance with Section 16 of the
Ordinance.
3. All lighting shall be hooded and so directed that the light source shall not be visible
from the public right-of-way or from neighboring residences and shall be in
compliance with Section 16 of the Ordinance.
4. The use does not take up parking space as required for conformity with the
Ordinance.
5. Sales area is hard surfaced to control dust.
6. The provisions of. Section 4.2.17 of the Ordinance (CUP evaluation criteria) are
considered and d4termined to be satisfied.
Rental Area. As indicated above, the Ordinance states that outside equipment rental must
not exceed 50 percent of the floor area of the principal use (building). The Long Haul
Truck terminal comprises 15,500 square feet of floor area. Thus, the area of the site
devoted to equipment rental may not exceed 7,750 square feet. While it is anticipated that
11
r`
JUL-30-1997 10:51 NAC 612 595 9837 P.13
this requirement will be satisfied, it is recommended that the single trailer display area
(identified upon Exhibit F) be drawn to scale and identified upon the site plan. Such
graphic depiction is intended to demonstrate compliance with applicable area and setback
requirements of the Ordinance and identify any potential impacts upon the site's off-street
parking supply. According to the submitted site plan, the trailer display area does not
overlay or will displace any off-street parking spaces.
Grading and Drainage. As shown on Exhibit F, it is proposed that the single "Benson"
trailer is to be displayed upon an elevated display area. The construction of such display
area will serve to alter site drainage and represents a change from the previously
approved grading and drainage plan. In this regard, the submission of a revised grading
and drainage plan may be necessary. All drainage related issues should be subject to
specific comment and recommendation by the City Engineer.
Surfacing. As previously indicated, the Ordinance states that outdoor sales (rental) areas
must be hard surfaced to control dust. Such requirement shall be imposed as a condition
of CUP approval.
Signage. The applicant has expressed a desire to erect a freestanding 3 foot by 5 foot
sign near the proposed trailer display area. This sign would identify Long Haul Trucking
as an "authorized dealer of Benson trailers".
According to Section 20-37-5.C.4 of the Zoning Ordinance, a maximum of one_ freestanding
business identification sign is allowed within industrial zoning districts. Thus, the
freestanding business sign for "Long Haul Trucking" (being considered for area and height
variance) and the freestanding "Benson trailer dealer" sign cannot legally coexist upon the
subject property. As a possible solution to this situation, the Benson trailer dealer
reference could be incorporated upon the single Long Haul freestanding sign. In no case
may more than one freestanding business sign exist upon the subject property.
Also to be noted is that Section 20-37-3.B.8 of the Zoning Ordinance specifically prohibits
the attachment of advertising or business signs upon equipment such as semi -truck
trailers.
Sign Variance
Existing Regulation. As mentioned previously, the applicant has proposed the erection
of a 468 square foot freestanding business identification sign measuring 50 feet in height.
According to Section 20-37-5.C.4 of the Ordinance, freestanding business signs within
industrial zoning districts may not exceed 100 square feet in area or 35 feet in height. In
the past two years, the City considered amending its business sign requirements (partially
due to claimed inadequacies cited by Long Haul Trucking). As part of its consideration,
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JUL-30-1997 10:52 NAC 612 595 9837 P.14
an examination of neighboring communities was conducted. As a result of this evaluation,
the City chose to retain the existing 100 square foot maximum area requirement but
Increased the allowable height of such signs for properties which abut Interstate 94
(increased from 20 to 35 feet in height).
Variance Evaluation Criteria. Section 20-5-2.13 of the Zoning Ordinance establishes
evaluation criteria for variance. In considering all requests for a variance and in taking
subsequent action, the Ordinance states that the Planning Commission and City Council
must make a finding of fact that the proposed action will not:
Impair an adequate supply of light and air to adjacent property.
2. Unreasonably increase the congestion in the public street.
3. Have the effect of allowing any uses which are prohibited, permit a lesser degree
of flood protection than the flood protection elevation for the particular area, or
permit standard which are lower than those required by State law.
4. Increase the danger of fire or endanger the public safety.
5. Unreasonably diminish or impair established property values within the
neighborhood, or in any way be contrary to the intent of this Chapter.
6. Violate the intent and purpose of the Comprehensive Plan.
Additionally, the Ordinance states that a variance shall not be granted unless it can be
demonstrated that:
Undue hardship will result if the variance is denied due to the existence of special
conditions and circumstances which are peculiar to the land, structure, or building
involved and which are not applicable to other lands, structures or buildings in the
same district or area.
a. Special conditions may include exceptional topographic or water conditions
or, in the case of an existing lot or parcel of record, narrowness,
shallowness, insufficient area or shape of the property.
b. Undue hardship caused by the special conditions and circumstances may
not be solely economic in nature, if a reasonable use of the property exists
under the terms of this Chapter.
13
J Ul..—.JCI-177 f LKu • .lc. . �ri�..
C. Special conditions and circumstances causing undue hardship shall not be
a result of lot or building size, or building location when the lot qualifies as
a buildable parcel.
2. Literal interpretation of the provisions of this Chapter would deprive the applicant
of rights commonly enjoyed by other properties in the same district under the terms
of this Chapter or deny the applicant the ability to put the property in question to
any reasonable use.
3. The special *conditions and circumstances causing the undue hardship are not the
result from the actions of the applicant.
4. Granting the variance requested will not confer on the applicant any special
privilege that is denied by this Chapter to other lands, structures or buildings in the
same district under the same conditions.
5. The request is not a result of non -conforming lands, structures or buildings in the
same district.
6. The request is not a use variance.
7. The variance requested is the minimum variance necessary to accomplish the
intended purpose of the applicant.
Hardship. It is the applicant's contention that the City's maximum 100 foot sign area and
35 foot height requirements will not allow Long Haul Trucking to be adequately identified
by Interstate 94 passersby. It has been specifically contended that a hardship exists in
that the Long Haul site is technically separated from Interstate 94 by the Burlington
Northern railway (100 foot wide right -of -way) -
It is the opinion of our office that this physical separation from the Interstate does not
constitute a non -economic hardship. Obviously, business sign exposure to the Interstate
corridor is desirable. Such exposure resultantly influences the value of
commercial/industrial land. Approval of the requested variance for the reason stated by
the applicant would set an undesirable precedent and could arguably be interpreted to
mean that a business owner 10 feet from the highway corridor and a property owner 1,000
feet from the corridor should be allowed signs which are equally visible to interstate
passersby (if land separation were considered a hardship).
Because unique, non -economic hardship has not been demonstrated, our office
recommends denial of the requested sign area and height variance.
14
JUL-�b-lyy'! 11 10 � �►+�-
Reader Board. One of the three components of the proposed business sign is an
( electronic `reader board" (see Exhibit G). The applicant has indicated that such reader
board would advertise the on-site truck washing service. Section 20-37-3.3 of the City's
Sign Regulations specifically prohibits the erection of such sign type, excepting those
which depict a constant time and temperature message. Regardless of the City's action
on the requested variance, the use of the electronic reader board is not to be allowed
unless an ordinance amendment is formally requested and approved by the City.
CONCLUSION
it is the opinion of our office that a decision regarding the acceptability of commercial truck
wash and truck service uses within the City's 1-2 Zoning District is a policy matter which
should be determined by City officials_
Should the City find such uses to be acceptable, our office would recommend approval of
the requested conditional use permit subject to the conditions listed in the Executive
Summary of this report.
In regard to the requested sign area and height variance, it is our opinion that the applicant
has not demonstrated unique, non -economic hardship to justify its approval.
PC: Elaine Beatty
Andy MacArthur
Kevin Kielb
City of Albertville
Wayne FingalsonNirgil Hawkins
John Daniels
15
I
JUL--)U-1-17r i+ +v ivies.
DRAFT - DRAFT - DRAFT
CITY OF OTSEGO
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 97 -
AN ORDINANCE AMENDING SECTION 68 OF THE OTSEGO ZONING ORDINANCE
ESTABLISHING ACCESSORY TRUCK SERVICE, WASHING AND LIMITED LEASING AS
CONDITIONAL USES IN THE 1-2 ZONING DISTRICT.
THE CITY OF OTSEGO ORDAINS:
Section 1. Section 20-68-6 of the Otsego zoning Ordinance (1-2 District
conditional uses) is hereby amended to add the following:
H. Commercial truck washing as a principal or accessory use provided:
1. The architectural appearance and functional plan of the building and
site shall not be so dissimilar to the existing buildings or areas as to
cause impairment in property values or constitute a blighting
influence. .
2. Magazine or stacking space is constructed to accommodate an
appropriate number of trucks and shall be subject to approval by the
City Council.
3. Magazine or stacking space not interfere with on-site circulation
patterns or required on-site parking or loading areas.
4. At the boundaries of a residential district, a buffer strip of not less
than five (5) feet in width shall be landscaped and screened in
compliance with Section 20-16-7 of this Chapter.
5. Each light standard island and all islands in the parking lot are
lanctscaped or covered.
6. Parking or truck magazine storage space shall be screened from view
of abutting residential districts in compliance with Section 20-16-7 of
this Chapter.
EXHIBIT A - DRAFT ORDINANCE AMENDMENT
J UL.-J1[l-177 ( i l • 11 � �r'"
.1
7. The entire area other than occupied by the building or plantings shall
be surfaced with bituminous material or concrete which will control
dust and drainage which is subject to the approval of the City
Engineer.
8. The entire area shall have a drainage system which is subject to the
approval of the City.
9. All lighting shall be hooded and so directed that the light source is not
visible from the public right-of-way or from an abutting residence and
shall be in compliance with Section 20-16-10 of this Chapter.
10. Vehicular access points shall be limited, shall create a minimum 0f
conflict with through traffic movement and shall be subject to the
approval of the City Engineer.
11. All signing and informational or visual communication devices shall
be in compliance with Section 37 of this Chapter.
12. All refuse shall be stored in containers. Said containers are to be
screened and enclosed by a fence or similar structure.
13. Hours of operation shall be limited as necessary to minimize the
effect of nuisance factors such as traffic noise and gli ire upon any
existing neighboring residential uses.
14. The provisions of Section 20-4-2.17 of this Chapter are considered
and satisfactorily met.
Commercial truck service as a principal or accessory use provided:
1. Regardless of whether the dispensing, sale or offering for sale of
motor fuels and/or oil is incidental to the conduct of the use or
business, the standards and requirements imposed by this Chapter
for motor fuel stations shall apply. These standards and
requirements are, however, in addition to other requirements which
are imposed for other uses of the property.
2. The architectural appearance and functional plan of the building and
site shall not be so dissimilar to the existing buildings or area as to
cause impairment in property values or constitute a blighting
influence within a reasonable distance of the lot.
PJ
J {JL -JV -i 7
3. The entire site other than that taken up by a building, structure or
plantings shall be surfaced with blacktop or concrete to control dust
and drainage which is subject to the approval of the City Engineer.
4. A drainage system subject to the approval of the City Engineer shall
be installed.
5. The lighting shall be accomplished in such a way as to have no direct
source of light visible from adjacent land in residential use or from the
public right-of-way and shall be in compliance with Section 16 of this
Chapter.
6.^ Wherever fuel -pumps are to be installed, pump islands -shall be
installed.
7. At the boundaries of a residential district, a strip of not less than five
(5) feet shall be landscaped and screened in compliance with Section
16 of this Chapter.
8. Each light standard island and all islands in the parking lot
landscaped or covered.
9. Parking or truck magazine storage space shall be screened from view
of abutting residential districts in compliance with Section 16 of this
Chapter.
10. Vehicular access points -shall create a minimum of conflict with
through traffic movement, shall comply with Section 22 of this Chapter
and shall be subject to the approval of the City Engineer.
11. All signing and informational or visual communication devices shall
be minimized and shall be in compliance with the provisions of
Section 37 of this Chapter.
12. Provisions are made to control and reduce noise in accordance with
Section 16 of this Chapter.
13. No -outside storage, sales, service or rental shall be permitted, unless
otherwise approved in accordance with applicable provisions of this
Chapter.
14. Sale of products other than those specifically mentioned in this
subdivision be subject to a conditional use permit.
3
R'
r .
15. All conditions pertaining to a specific site are subject to change when
the Council, upon investigation in relation to a formal request, finds
that the general welfare and public betterment can be served as well
or better by modifying the conditions.
16. The provisions of Section 4.2.17 of this Chapter are considered and
determined to be satisfied.
Section 2. This ordinance shall become effective immediately upon its passage
and publication.
ADOPTED by the Otsego City Council this day of 1997•
CITY OF OTSEGO
Larry Fournier, Mayor
ATTEST:
By-,
Elaine Beatty, City Clerk/Zoning Administrator
4
EXHIBIT B - SITS LOCATIC
JLL-30-1997 11:13 NHU
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EXHIBIT C - DETAILED SITE LOCATIOZ
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EXHIBIT D - PREVIOUSLY APPROVED SITE PLAN
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EXHIBIT F - TRAILER DIE PLAY DETAILS
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EXHIBIT G - SIGN PLAN
Tr TPL P-13
7t�
LONG HAUL TRUCKING
5'6'x18' D/F PYLON SIGN (33'6" OAH)
. C.
NORTHWEST ASSOCIATED CONSULTANTS
77-
INC %000* COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
PLANNING REPORT
TO.-
FROM:
O:
FROM:
DATE:
RE:
FILE NO.:
Otsego Mayor and City Council
Otsego Planning Commission
Daniel Licht / Robert Kirmis / David Licht
29 July 1997
1 -
Otsego - Mississippi Riverwood - Conditional Use Permit Amendment
176.02 - 97.12
EXECUTIVE SUMMARY
Background
Mississippi Riverwood Associates, Inc., a private recreational trailer campground located
adjacent to Ahe Mississippi River at 8660 Highway 101, is requesting an amendment to
the existing Conditional Use Permit (CUP) that regulates the use of the property. The
existing CUP was granted in 1982 by Wright County. The purpose of the amendment is
to specify the uses, activities, and operation allowed at the site under the CUP. The
subject site is zoned A-1, Agricultural -Rural Service District and is also within the Wild
and Scenic Overlay District (Sub -District C). A portion of the subject site is also within the
Floodplain Overlay District as it has been designated by the Federal Emergency
Management Agency (FEMA) as being within the 100 -year floodplain.
4
Attached for Reference:
Exhibit A:
Site Location
Exhibit B:
Site Plan (1989)
Exhibit C:
1982 Wright County Conditional Use Permit
Exhibit C:
6 July 1987 Letter by Tom Salkowski
Exhibit D:
17 July 1997 MNDoT letter
Exhibit E:
Floodplain Survey
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 612-595-9636 FAX 612-595-9837 E-MAIL NAC@WINTERNET.COM
Recommendation
Based upon a review of the requested CUP amendment with regards to the
Comprehensive Plan and City policies, our office finds that the applicant's request is
consistent with the Comprehensive Plan and represents no potential adverse impact to the
community. If the Planning Commission and City Council concur with these findings, we
recommend approval of an amended CUP to allow a commercial recreational use within
the A-1, Agriculture -Rural Service Area District and Wild and Scenic Overlay District
subject to the following conditions:
1. The applicant submit a site survey indicating the location of all existing structures
and/or buildings.
2. Expansion of the site, through the provision of additional campsites, building
additions, or construction of new structures shall require approval of a CUP
amendment.
3. Any expansion of the site shall require conformance to all applicable performance
provisions of the A-1 District, Wild and Scenic Overlay District, and Floodplain
Overlay District.
4. The City Council impose one of the following options as a condition of CUP
amendment approval:
OPTION A. All travel vehicles/trailers and related equipment shall be removed from
the site no later than 1 November of each year. Occupancy of the property shall not
resume until the water level drops below 855' elevation in the Spring of each year.
or
OPTION B. The following Off -Season Storage Plan shall be implemented and
completed no later than 1 November of each year.
A. Occupancy)of the campsites within the floodplain shall not occur prior to the
water level dropping below 855' elevation in the Spring of each year.
B. Camper units located on property below the 857 foot elevation will be
removed from their lots and stored on higher ground within the park or taken
to other storage areas outside the park.
C. Units that are located on land with elevations between 857 to 858 feet will
disconnect all utilities and all blocking will be removed and units will be
prepared for removal from their locations if necessary. Steel cables shall be
9
attached to unit frames and secured to a tree over 6 inches in diameter, or
a heavy duty ground anchor will be used. Cables shall have a simple way
to be removed.
D. Units on land above the 858 foot elevation will be disconnected from all
utilities. They may remain on blocks, but be prepared for removal in all other
ways.
E. The applicant will submit a detailed site plan indicating the elevation of each
campsite, indicate the campsites to which "A","B", and "C" above apply to
and indicate the location of on-site storage areas, subject to review and
approval of the City Council.
F. Any instance of a violation of the Off -Season Storage Plan shall result in
immediate revocation of the Conditional Use Permit.
5. The applicant submit an emergency evacuation plan for the entire property that
includes the following elements:
A. Identification of a Flood Emergency Official responsible for monitoring water
levels and initiating the emergency evacuation plan in the event of a flood.
A record of the name, address and phone number of this individual will be
maintained at City Hall.
B. The identification of a business or individual responsible for evacuating the
camper units in the event of a flood.
C. The identification of a site where the camper units will be removed to, on site
as well as off site, in the event of a flood.
6. A flood monitoring device shall be installed on the subject property.
7. Travel trailers/vehicles located within the floodplain satisfy the following conditions.
A violation of these conditions will require that travel trailers/vehicles within the
floodplain conform to all applicable provisions of Section 20-73 of the Zoning
Ordinance.
A. Have current licences required for highway use.
B. Are highway ready meaning on wheels or with an internal jacking system.
C. Are attached to the site only with quick disconnect type utilities commonly
used in campgrounds and trailer parks.
9
D. The travel trailer/travel vehicle does not have permanent structural type
additions attached to it.
E. The travel trailer or travel vehicle and assorted use must be permissible in
any pre-existing, underlying zoning use district.
8. The construction of site improvements that exceed $1,000 in total cost, as
determined by the Building Official, and that occur on the portion of the parcel
within the floodplain shall result in the forfeit of the exemption from floodplain
provisions for campsites and travel trailers/vehicles located in the floodplain.
9. The applicant * revise the Ownership Prospectus to accurately reflect approvals
that have been granted and conditions regulating the use of the property, including
zoning and property ownership. The revised prospectus will be subject to review
and approval by City Staff.
10. No permanent accessory buildings, structures or fences shall be constructed in
association with individual campsites. Any existing permanent accessory
structures or fences associated with an individual campsite shall be removed.
11. The construction of or addition to accessory buildings or structures and fences
shall require approval of a CUP amendment and the issuance of all applicable City
permits.
12. No cutting of trees in excess of four inches in diameter at four feet high within 100
feet of the OHWM is allowed in the Wild and Scenic District except by City permit.
13. Any additions or modifications to existing site signage shall be subject to applicable
provisions of the Zoning Ordinance and require approval of a CUP amendment.
14. Any additions or modifications to existing site lighting shall be subject to applicable
provisions of the Zoning Ordinance and require approval of a CUP amendment.
15. Any amendmentlo the existing Conditional Use Permit shall be subject to the
following conditions related to required MNDoT approvals:
A. A MNDoT access permit is required for access to or across state highways
or right of way, including MNDoT owned frontage roads. A change in
intensity or type of use of an existing entrance also requires a permit.
B. A MNDoT stormwater drainage permit is required for any change in rate of
runoff to trunk highway right of way, or any alteration of trunk highway
stormwater drainage systems.
112
C. Any other use of or work within MNDoT right of way, including but not limited
to grading, utility work, and landscaping shall require a permit. The permit
necessary shall depend on the nature of the proposed work.
D. If property adjacent to MNDoT right of way is to be platted, the preliminary
plat must be submitted to MNDoT for review along with site, grading and
drainage plans.
16. The condition, maintenance and upgrade of the existing private sewer system shall
be subject to review and approval of the City Engineer.
17. Comments of other City Staff. _t
ISSUES ANALYSIS
Existing Regulation. The Mississippi Riverwood site is currently regulated by a CUP
granted in 1982 by Wright County that allowed for a private campground and private sewer
treatment system within the Wild and Scenic River District. The 1982 CUP included two
conditions:
The campground is developed according to the plan dated 4/1/82 prepared by
Meyer-Rohlin.
2. The campground is to be for seasonal use only with all units vacated no later than
1 November and not re -occupied at any time when the river levels exceeds 855'
elevation.
Of particular issues with regards to the 1982 CUP is the meaning of the term "'vacated" in
condition 2. The question involves whether the trailers must be removed from the property
or whether the owners may store them at the site, but not use them. This issue will be
discussed further in later sections of this report.
The 1982 Cup is also ambiguous with regards to issues such as allowance of accessory
buildings, flood monitoring and emergency evacuation plans. Through discussions with
City staff, DNR staff and officials of Mississippi Riverwood, it was determined that the best
means of addressing these issues was for the owners association to apply for an amended
CUP under the City's jurisdiction.
Existing Development. The subject site is currently developed with 119 campsites. A
site plan included as part of promotional material for the campground indicates that there
is also a clubhouse building, exterior swimming pool, mini -golf facility, boathouse,
management building, restroom buildings and a outdoor theater. No changes to the
5
existing development on the site is proposed as part of this application. However, the
applicant should have a property survey prepared and submitted to the City so as to
document existing structures and uses at the subject site. Any expansion of the number
of campsites, expansion of existing buildings or structures, or construction of new buildings
will require approval of an amended CUP.
Zoning. The subject site is zoned A-1, Agriculture -Rural Service Area. The subject site
is also within the Wild and Scenic Overlay District. Outdoor commercial recreational uses
are a conditional use within these districts subject to the following conditions:
1. The land upon which such use is to be located is marginal in terms of agricultural
production.
2. The use will not negatively impact neighboring farming operations or residential
uses.
3. The potential traffic generated by such use can be adequately accommodated (both
volume and weight) upon the City Streets serving the property upon which the use
is located.
4. Adequate, improved off-street parking is provided.
_4
5. The amount of land devoted to buildings is minimized to the extent possible but in
no case shall exceed five (5) percent of the lot area up to a maximum of four
thousand (4,000) square feet.
6. An adequate septic system and well can be established on the site and which, if the
use is approved, shall be subject to applicable provisions of the City Code.
In consideration of the CUP amendment, the Planning Commission and City Council shall
also consider possible adverse effects of the proposed conditional use. Their judgement
shall be based upon (but not limited to) the following factors outlined in Section 4.21 of
the Zoning Ordinance.-
The
rdinance:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses in the area.
3. The proposed use's conformity with all performance standards contained herein
(i.e., parking, loading, noise, etc.).
4. The proposed use's effect upon the area which it is proposed.
191
5. The proposed use's impact on property values of the area in which it is proposed.
6. Traffic generation by the proposed use in relation to capabilities of streets serving
the property.
7. The proposed use's impact upon existing public services and facilities including
parks, schools, streets, and utilities, and its potential to overburden the City's
service capacity.
Comprehensive Plan. The applicant's request for a CUP amendment to address'the use
related issues of the site is consistent with the Comprehensive Plan in that it is a means
of transferring responsibility of the development from the County to the City. The proposed
action also provides a means for ensuring environmental protection within the Wild and
Scenic District and Floodplain areas.
Land Use Compatibility. As an existing use, the granting of a CUP amendment is not
anticipated to create any negative impacts with the adjacent agricultural and residential
uses in the area. The consideration of a CUP amendment is intended to address potential
impacts of the campground by specifying the allowed uses and activities of the site.
Property Values. Granting a CUP amendment is not anticipated to negatively impact
adjacent property values, as the recreational campground is an established use in this
area. It should be noted however, that no detailed analysis has been completed.
Traffic Generation. The granting of a CUP amendment will have no impact upon traffic
generation upon the City's transportation system. The existing streets that provide access
to the property are sufficient in terms of weight capacity to accommodate traffic from the
existing use. The subject property is adjacent to the right-of-way for Trunk Highway 101.
The Minnesota Department of Transportation has been notified of the applicant's request.
Although MNDoT does not have any issues with regard to this specific request, they have
indicated a number of requirements that concern access to the property, which should be
included as part of an amended CUP. Their issues are outlined in a letter dated 17 July
1997 and attached as Exhibit D.
Service Capacity Impact. The granting of a CUP amendment will not negatively impact
the City or School District's existing service capacities.
Performance Standards. The subject parcel is within the base A-1 Zoning District and
Wild and Scenic Overlay District. As such, the required lot performance standards applied
to the subject site are whichever is most restrictive. The table on the following page
illustrates the required lot performance standards.
7
No site plan has been submitted by the applicant as no physical alteration to the site is
proposed. Any campsite, structure or accessory structure on the subject site that does not
conform to the above requirements would be considered a legal non -conformity. This
would be an issue that would be addressed as part of any proposed expansion of the use,
including the provision of additional campsites or the construction of additional structures.
Performance
Standard
A-1
District
Wild & Scenic
District
Required
Provision
Minimum Lot Area
1 acre
2.5 acres
2.5 acres
Minimum Lot Width
150 feet
75 feet
150 feet
Minimum Lot Depth
150 feet
n/a
150 feet
Setbacks
Principal
Structure
OHWM
n/a
75 feet
75 feet
Bluffline
n/a
30 feet
30 feet
Front
S/F Hwy
130 ft. /65 ft.
130 ft. / 65 ft.
130 ft. / 65 ft.
Front
County Rd
130 ft./65 ft.
130 ft./65 ft.
130 ft./65 ft.
Front
Local Rd.
65 ft./35 ft.
65 ft./35 ft.
65 ft./35 ft.
Side
30 feet
30 feet
30 feet
Rear
50 feet
50 feet
50 feet
Accessory
Structure
General
30 ft. side/
50 ft. rear
n/a
30 ft. side/
50 ft. rear
OHWM
n/a
75 feet
75 feet
Bluffline
n/a
30 feet
30 feet
Maximum Impervious Surface
n/a
25°%
25°%
Source: Section 20-747.E
Section 20-51-6
9
ti
Seasonal Use of the Campground. As discussed above, there has been some
contention whether the 1982 CUP required the trailers to be removed from the property
after November 1st or whether the owners may store their campers at the site but not
utilize them. It has been the interpretation of City Staff and the Wright County Planning
Director (See Exhibit C) that the campground is a seasonal use and that all travel
trailers/vehicles must be removed from the property by November 1 st of each year. The
DNR staff has interpreted "vacate" to mean the campers are not to be occupied past 1
November. The primary purpose of removing the campers is to prevent potential flood
damage to property on the site and to property down river.
The applicant is proposing the following regarding storage of campers at the site during
the off-season: at
Step 1. Camper units located on property below the 857 foot elevation will be removed
from their lots and stored on higher ground within the park or taken to other storage areas
outside the park.
Step 2. Units that are located on land with elevations between 857 to 858 feet will
disconnect all utilities and all blocking will be removed and units will be prepared for
removal from their locations if necessary. Steel cables shall be attached to unit frames
and secured to a tree over 6 inches in diameter, or a heavy duty ground anchor will be
used. Cables must have a simple way to be removed.
Step 3. Units on land above the 858 foot elevation will be disconnected from all utilities.
They may remain on blocks, but be prepared for removal in all other ways.
In general, staff views the question of whether this plan is acceptable as a decision to be
made by the Planning Commission and City Council. However, staff offers the following
comments regarding the applicant's proposal:
► The delineation of elevations to identify which travel trailers/vehicles would be
removed, which could remain but be prepared for removal and which travel
trailers/vehicles could remain in place with disconnected utilities would require a
detailed site survey.
► Emergency evacuation of travel trailers/vehicles remaining in place, even if
prepared for removal, may be inhibited by deep snow, fast rising flood waters, etc.
► The plan is problematic from an enforcement perspective, with regards to verifying
that travel trailers/vehiIces remaining in place with disconnected utilities are not
being used during the off-season. If the City is inclined to approve the applicant's
proposal, staff recommends that any single violation of the plan results in immediate
revocation of the CUP.
9
► The Planning Commission and City Council must determine if on-site storage of
travel trailers/vehicles during the off-season is incidental and customary to the
commercial recreational use of the site. If found to be incidental to the use, the off-
season storage site would have to be delineated and approved.
► Staff recommends that the original 1st November date be maintained as the
deadline for removing the travel trailers/vehicles from the property or completing the
applicant's off-season removal/storage plan. The campground would not be
allowed to return campers to their sites until the river elevation dropped to below
855' elevation consistent with the original CUP.
Emergency Evacuation Plan. Section 20-71-10.C.4.b of they oning Ordinance requires
an emergency evacuation plan in case of flooding for all new or replacement trailers
located within the 100 -year floodplain. Although the subject site is an existing use, which
is exempted by the Ordinance, staff believes that an emergency evacuation plan for the
entire campground should be required as part of the application of an amended CUP, to
prevent potential damage to adjacent properties in the event of a flood. At a minimum, the
emergency evacuation plan should contain:
► Identification of a Flood Emergency Official who will be responsible for monitoring
water levels and initiating the emergency evacuation plan in the event of a flood.
A record of the name, address and phone number of this individual will be
maintained at City Hall.
► The identification of a business or individual responsible for evacuating the camper
units in the event of a flood.
► The identification of a site where the camper units will be removed to, on site or off
site, in the event of a flood.
► A flood monitoring device will be installed on the subject property.
Existing Private Sewer -System. The subject site is served by an existing private sewage
treatment facility that was approved as part of the 1982 CUP. The MPCA has given the
City of Otsego complete regulatory jurisdiction over the treatment facility as the wastewater
flow generated by the campsite does not meet the minimum levels necessary for MPCA
regulation. Any expansion of the existing system however, will require the approval of the
MPCA as well as an amended CUP approval by the City. The City Engineer should
comment on any issues to be addressed as part of this application with regard to the
existing treatment facility.
10
. C: -
Floodplain Conditions. Travel trailers/vehicles to be located in the floodplain (See
Exhibit E) are exempt from the floodplain regulations related to flood proofing and the use
of land restrictions of Section 20-73-6 and 20-73-7, as the subject site is an existing
commercial recreational vehicle park. Further, travel trailers/vehicles located within the
floodplain must satisfy the following conditions as provided in Section 20-73-10.C.1 to
maintain their exemption:
a. Have current licences required for highway use.
b. Are highway ready meaning on wheels or with an internal jacking system.
C. Are attached to the site only with quick disconnect typi utilities commonly used in
campgrounds and trailer parks.
d. The travel trailer/travel vehicle does not have permanent structural type additions
attached to it.
e. The travel trailer or travel vehicle and assorted use must be permissible in any pre-
existing, underlying zoning use district.
The travel trailers/vehicles in the campground forfeit this exemption when development
occurs on the parcel that exceeds $1,000, as determined by the Building Official. As only
a portion of the site is within the floodplain, the forfeit of the exemption will only apply to
development that occurs within the floodplain area. This will encourage future
development of the site to occur in non -floodplain areas.
Owner Association Prospectus. The Ownership Prospectus has been reviewed in the
past with regards to the consistency with the 1982 CUP and the Otsego Zoning
Ordinance. A number of allowances within the Prospectus were identified that no
approvals were granted for or which contradict the 1982 CUP:
1. Allowance of storage sheds (not to exceed 40 feet).
2. Allowance of "ownership signs" not to exceed 12" x 24" for each individual lot.
3. Erection of fences.
4. Indication that the property is zoned PUD, Planned Unit Development.
5. Indication that individual campsites are owned by each individual member.
11
Items 1, 2 and 3 above would require the issuance of City permits. In addition, the
erection of "permanent structures" such as accessory buildings or fences associated with
individual campsites would be contrary City and County Staff interpretation of the intent
of the 1982 CUP that allowed for a seasonal campground.
Under A-1 District Zoning, accessory structures or buildings customary and incidental to
a conditional use are allowed. It is staffs interpretation that this would include the existing
permanent structures at the site that include a boat house, outdoor theater, outdoor
swimming pool etc. Given that the campground has always been for seasonal use and
that travel trailers/vehicles are to have been removed from the site during the off-season
per the County CUP, it is staffs interpretation that permanent accessory structures for
individual campsites would be inappropriate and should not be allowed. Any permanent
accessory structures or fences associated with an individual campsite that exist currently
should be required to be removed.
The ownership prospectus should be revised to accurately reflect approvals that have
been granted and conditions regulating the use of the property, including zoning A-1
District zoning, not PUD, and that individual campsites may be designated by the
Association, but are not owned by each individual. The revised prospectus will be required
to be submitted to the City for review and approval by City Staff.
Vegetative Cutting. No cutting of trees in excess of four inches in diameter at four feet
high within 100 feet of the OHWM is allowed in the Wild and Scenic District except by
permits. This requirement will be a condition of approval.
Signage. The applicant has not provided any information regarding site signage. Any
additions or modifications to existing site signage will be subject to applicable provisions
of the Zoning Ordinance and require approval of an amended CUP.
Lighting. The applicant has not provided any information regarding site lighting. Any
additions or modifications to existing site signage will be subject to applicable provisions
of the Zoning Ordinance and require approval of an amended CUP.
CONCLUSION
The applicant's request for a CUP amendment is primarily intended to clarify the intent of
the 1982 CUP issued by Wright County and outline the specific uses and operating
procedures allowed under the jurisdiction of the City of Otsego. In this regard, our office
finds that the applicants request is generally consistent with the Comprehensive Plan and
will not result in any negative impacts to the Community.
12
Should the Planning Commission and City Council make a similar finding, our office would
recommend approval of a CUP amendment for a commercial recreational use within the
A-1 Agriculture District and Wild and Scenic Overlay District subject to the conditions
outlined in the Executive Summary of this report.
pc. Elaine Beatty
Andrew MacAurthur
Kevin Kielb
Mississippi Riverwood Associates, Inc.
Larry Kramka, DNR
13
C3
_1
This map is for planning purposes
only and should not be used when
precise measurements are required
N O R T H
1 0.1=//R
EXHIBIT
IISTATE UV 1.11:1010 COUNTY' 11I.ANN I N(: CO3MH I :;S I (IN
It COUNTY OF WRICIIT ICONDITIONAL USE PROCEEDINGS
In the Matter of Eugene E. Podzimek i
REQUEST: A Conditional Use Permit to ORDER GRANTING (HkplY1W2) i
expand an existing campgrounds and upgrade the !
sewer system as regulated in Section 613.4 of CONDITIONAL USE
the Wright County Zoning -Ordinance.
Eugene E. Podzimek Owner.
The above entitled matter came on to be heard before the !
Wright County Planning Commission on the 17th day of June
1982 on a petition for a conditional use pursuant to the Wright
County Zoning Ordinance, for the following described property:
That part of Government Lots 2 and 3 of Section 23, Township 121,
Range 23, lying east of Minnesota Trunk Highway Number 101, i
Wright County, Minnesota. except the north 50.0 feet of the South
Quarter of said Government Lot 3. Containing 20 acres, more or less.
(Otsego Township)
i
IT IS ORDERED that a conditional use i,R4ttt) be granted as
upon the following conditions or reasons: _�
Expansion of the existing campgrounds granted according to plans
submitted and prepared by Meyer-Rohlin, Inc. dated 4/1/82 File No.
E-8230, subject to the following conditions:
1. Campgrounds to be seasonal use only, all units must be vacated
by November 1, and not reoccupied at any time when the river
level exceeds 855 elevation, I
DATED this 17th day of June 1982
Chairman oz Wright County Y anni.ng Commission
STATE OF MINNESOTA )
ss. WRIGHT COUNTY OFFICE
County of Wright )
OF PLANNING MID ZONING
i
r ,
I, Tom Salkowski, Zoning Administrator for the County of f
Wright, with and in for said County, do hereby certify that I have
compared the foregoing copy and Order (granting)(dgRXing) a condi-
tional use with the original record thereof preserved in my office,
and have found the same to be a correct and true transcript of the }
whole thereof.
I have here
IN TESTIMONY WHEREOF, unto n the ibed_my hand
at uffalo, Minnesota_, in the County of Wright on the S day of
19
Y7wt,
Pright oun onLng Administrator
Receipt #20440 Pd. $5. i
EXHIBIT
Mr. Henry Brumund
9319 1st Ave South
Minneapolis, 'IN 55420
Office of
PLANNING AND ZONING
TOM SALKOWSKI, ADMINISTR kTOR
Pl: o)!,.- : 1312-6-32.3-900
55313
July 6, 1987
-I.
RE: :Mississippi Riverwood; your letter of June 18, 1987
Dear Mr. Brumund:
After reviewing the ,files and record on this matter, I am afraid
that it is indeed necessary to remove your trailer and personal items
from the campground as a part of the winter off-season. That condition
is necessary because the entire property is within the flood plain of
the river, and subject to flooding. During a severe flood, d;eas
2 and 3 will be under at least 4 feet of water. Removal is required
not only to protect your property, but also to protect downstream
owners from being damaged as your property is swept away, and to -
protect.the river from pollution.
Do not be fooled by this year's low water level. That river can
easily and swiftly become a raging torrent capable of immense destruction.
Long time residents of the area will tell. you that the campground area
has been inundated in the past, it could happen again at any time.
Federal, state and local regulations severely limit any permanent
improvements or structures in the flood plain because of the damages,
and insurance, costs, which result. These regulations, and common
sense, dictate that we do all that is possible to ensure that the
campground -is empty during the times when flooding is most likely to occur.
TS:sa
Sin re y,
G�L
Tommi alkowski
Planning & Zoning Administrator
EXHIBIT
�ROMi w CITY OF OTSEGO
,f
► vV„ 11 gyp,
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Minnesota Department of Transportation
Metropolitan Division
Waters Edge
1500 West County Road B2
Roseville, MN 55113
July 17, 1997
Elaine Beatty
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330
Dear Elaine Beatty:
PHONE NO. : 61z 441 4414
SUBJECT: Mississippi Riverwood Association Conditional Use Permit
Public Hearing Notice
Otsego, Wright County
C.S. 8608
J& 2 ICI07
The Minnesota Department of Transportation (Mn/DOT) has reviewed your request for comment
regarding a conditional use permit for the Mississippi Riverwood Association. We Piave no major
concerns regarding the conditional use permit. However, we would like to take this opportunity to
remind the applicant of certain stipulations regarding development of property adjacent to Mn/DOT
right of way.
• We require a Mn/DOT access permit for access to or across state highways or right of way,
including Mn/DOT owned frontage roads. A change in the intensity or type of use of an
existing entrance also requires a permit.
• We require a Mn/DOT storm water drainage permit for any change in rate of runoff to trunk
highway right of way, or any alteration of trunk highway storm water drainage systems.
• Any other use of or work within Mn/DOT right of way, including but not limited to grading,
utility work, and landscaping, also requires a permit. The permit necessary depends on the
nature of the proposed work.
• If property adjacent to Mn/DOT right of way is to be platted, the preliminary plat must be
submitted to us for review, along with a site plan and grading and drainage plans if prepared.
Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Government
Liaison Supervisor, at the above address. Questions regarding permit applications may be directed
to Bill Warden of our Permits Section at 582-1443.
An equal opportunity employer EXHIBIT D
rrwrv= riu- • -
FROM,: CITY OF OTSEGO
'4
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Elaine Beatty
July 17, 1997
page two
Please contact me at 582-1654 with any questions.
sincerely,
,,A
Scott Peters
Senior Transportation Planner/Local Government Liaison
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JLL.30.1997 12:09PM
Hakanson
Anderson
Assoc., lnc.
July 30, 1997
Elaine Beatty, Clerk
City of Otsego
8899 Nashua Boulevard NE
Otsego, MN 55330
RE: Mississippi Riveryvood CIDP Amendment Application
Dear Elaine:
N0.622 P.2/5
3601 Thurston Avenue
Anoka, Minnesota,55303
612/427-5860
Fax 612/427--44 t-- 0520
We have reviewed the apove referenced application with respect to Engineering issues.
We offer the following comments:
1. The letter dated July 7, 1987 (97?) indicates that certain steps will be taken for
protection of units based on elevation of the units. This should apply to
assessory buildings as well as the principal units.
Elevations should be established for each unit and a map prepared depicting
these elevations. This will aid in establishing zones of required protection for
the campground'. The elevations should be established by a site survey.
Benchmarks should be left on-site for future verification.
2. The emergency evacuation plan must also consider septic system precautions.
he MPCA has terminated the permit for this facility, meaning the City has sole
regulatory authority for the facility. On July 29, 1997, City staff performed a
site visit to review the existing septic system. The site visit indicates that the
septic system w$s not constructed per plans submitted to the City. To provide
the City with information required for periodical reviews of the septic system,
the following infprmation Is required:
A. Spolelevations on the septic tank lids and on the drainfields.
g. A description of which drainfields are functioning and which have
been abandoned.
C, Septic tank pumping records.
D. A brief description of the emergency plan for the septic system.
Engineers Landscape Architects Surveyors
r
JUL.30.1997 12:09PM
Elaine Beatty, Clerk
Page 2
July 30, 1997
NO. 622 P.3/5
3. A marker post (or posts) should be provided to allow for visual analysis of the
water level in the river.
If you have any questions, please do not hesitate to contact me.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
'2�4, IDX" -)6 ,
Kevin P. Kielb, PE
kas
cc: Lawrence G. Ko$hak, PE
Bob Kirmis, NAG,
Andy MacArthur Attorney
Jerry Olson, Building Inspector
OT2500.eb2
Hakanson
Anderson
Assoc., Inc.
s
Y
OR TMMC
Minnesota Department of Transportation
Metropolithn Division
Waters Edge
1500 West County Road 132
Roseville, MN 55113
July 17, 1997
Elaine Beatty ,
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330
Dear Elaine Beatty:
SUBJECT: Mississippi Riverwood Association Conditional Use Permit
Public Hearing Notice
Otsego, Wright County
C.S. 8608
• i ,.�� 7 ;. :`ice �_ � rr � � �'J I , - __
JUL 2
The Minnesota Department of Transportation (Mn/DOT) has reviewed your request for comment
regarding a conditional use permit for the Mississippi Riverwood Association. We have no major
concerns regarding the conditional use permit. However, we would like to take this opportunity to
remind the applicant of certain stipulations regarding development of property adjacent to Mn/DOT
right of way.
• We require a Mn/DOT access permit for access to or across state highways or right of way,
including Mn/DOT owned frontage roads. A change in the intensity or type of use of an
existing entrance also requires a permit.
• We require a Mn/DOT storm water drainage permit for any change in rate of runoff to trunk
highway right of way, or any alteration of trunk highway storm water drainage systems.
• Any other use of or work within Mn/DOT right of way, including but not limited to grading,
utility work, and landscaping, also requires a permit. The permit necessary- depends on the
nature of the proposed work.
• If property adjacent to Mn/DOT right of way is to be platted, the preliminary plat must be
submitted to us for review, along with a site plan and grading and drainage plans if prepared.
Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Government
Liaison Supervisor, at the above address. Questions regarding permit applications may be directed
to Bill Warden of our Permits Section at 582-1443.
An equal opportunity employer
Elaine Beatty
July 17, 1997
page two
Please contact me at 582-1654 with any questions.
Sincerely,
Scott Peters
Senior Transportation Planner/Local Government Liaison
NORTHWEST ASSOCIATED CONSULTANTS
NPIC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
PLANNING REPORT
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Madhulika Singh / David Licht
DATE: 29 July 1997
RE: Otsego - McKenzie Accessory Building CUP
FILE NO: 176.02 - 97.13
EXECUTIVE SUMMARY
Background
Dwight and Marion McKenzie have requested a conditional use permit to construct an
accessory structure upon their property located at the north east intersection of Odell
Avenue and 83rd Street. The applicant has submitted two options. In Option A (Exhibit
B) the applicant intends to construct a 924 square foot garage and leave the existing two
pole sheds in their current state. Option B (Exhibit C) would eliminate one of the pole
sheds and proposes a 1,260 square foot garage. Option B is the preferred option.
According to the Zoning Ordinance, a detached accessory structure of an area greater
than 1,000 square feet and less than 1,500 square feet could be allowed by an
administrative permit, however, the Zoning Ordinance also states that no building permit
shall be issued for more than one detached private garage or accessory structure for each
single family dwelling except by conditional use permit.
The existing garage was damaged in a recent storm. The applicant intends to remove the
damaged garage and construct the proposed new accessory structure. The applicant
proposes to build on the concrete footprint of the damaged garage. The subject site is
zoned R-3, Residential Immediate Urban Service District.
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 61 2-595-9837
Attached for reference:
Exhibit A - Site Location
Exhibit B - Site Plan - Option A
Exhibit C - Site Plan - Option B
Recommendation
Based on established City policy and the following review, our office recommends approval
of a conditional use permit to allow more than one detached accessory building (Option
B) for a detached single family use subject to the following conditions:
1. A building elevation of the proposed accessory structure is submitted which
specifies structure height. The proposed structure shall be required to comply with
applicable height requirements.
2. The proposed accessory structure is not to be utilized for home occupation,
commercial related activities, or the keeping of animals.
3. The proposed accessory structure match the principal building in color,
4. The City Engineer provide comment/recommendation in regard to drainage and
utility easement establishment.
5. The driveway be constructed of asphalt, as shown on the site plan.
6. Comments from other City staff.
ISSUE ANALYSIS
CUP Review Criteria. The City's Zoning Ordinance stipulates that no building permit
shall be issued for morghan one detached accessory structure for a single family dwelling
except by conditional use permit. In recognition of the site's existing detached accessory
structure, approval of a conditional use permit is necessary to accommodate the
applicant's request to construct a 1,260 square foot detached garage.
According to Section 20-16-4.1-1 of the City Zoning Ordinance, a conditional use permit for
an accessory storage structure may only be granted provided that:
1. There is a demonstrated need and potential for continued use of the structure and
the purpose stated.
2
2. In the case of residential uses, no commercial or home occupation activities are
conducted on the property. This prohibition shall include the storage of materials
and equipment which are unrelated to the on-site residential use and activity.
3. The building has no evident re -use or function related to the principal use.
4. The accessory building shall be maintained in a manner that is compatible with the
adjacent uses and does not present a hazard to public health, safety and general
welfare.
5. The provisions of Section 4.21 of the Ordinance shall be considered and a
determination made that the proposed activity is in compliance with such criteria
(listed below) .
a. The proposed action's consistency with the specific policies and provisions
of the official City Comprehensive Plan.
b. The proposed use's compatibility with present and future land uses of the
area.
C. The proposed use conforms with all performance standards contained herein
(i.e., parking, loading, noise, etc.)
d. The proposed use's impact upon property values of the area in which it is
proposed.
e. Traffic generation by the proposed use in relation to capabilities of street
serving the property.
f. The proposed use's impact upon existing public services and facilities
including parks, schools, streets, and utilities, and its potential to overburden
the City's service capacity.
Building Use. The CUPS- review criteria states that there should be a demonstrated need
for continued use of the structure and the stated purpose. Considering that the proposed
garage is to be used for the storage of the applicant's vehicles which are currently stored
outdoors due to the damage done to the garage previously existing on the site, there
appears to be a demonstrated need for the continued use of the structure.
In accordance with ordinance requirements, the structure may not be used for home
occupation/commercial related activities or the keeping of animals.
3
Building Type. According to Section 20-16.4.G of the Zoning Ordinance, the same or
suitable quality exterior finish building materials (as determined by the Building Inspector)
shall be used in all accessory buildings over 150 square feet as in the principal building.
According to the applicant, the proposed accessory building is to be of "stick built"
construction. To ensure compatibility, it is recommended that the siding upon the
proposed accessory building to be of a color which matches the single family dwelling. It
should be specifically recognized by the applicant that the Ordinance prohibits pole -type
building construction in residential zoning districts.
Existing Accessory Buildings. According to the submitted site plan, two detached
accessory buildings currently exist along the subject property's western boundary. The
applicant is proposing to remove one pole shed as part of Option B. Pole buildings are not
allowed in a residential zoning district. Therefore, the elimination of one of the pole sheds
is considered positive.
Setbacks. According to Section 20-16-4.13 of the Ordinance, the proposed accessory
building must not lie closer than ten feet to any lot line, occur upon a required easement
or in a required side yard. As a condition of CUP approval, the site plan must be revised
to document setback compliance.
Building Height. According to Section 20-16.4.E of the Zoning Ordinance, an accessory
building within an R-3 zoning district may not exceed 16 feet in height except as allowed
by conditional use permit.
As a condition of CUP approval, a building elevation should be submitted which illustrates
compliance with the maximum height standard.
Easements. As required by the City Subdivision Ordinance (Section 21-7-15) drainage
and utility easements have been established along all lot lines. This issue should be
subject to further comment by the City Engineer.
Access. The proposed accessory building is to receive its access via an existing curb
cut from Odell Avenue. Such access is considered acceptable. The applicant has
indicated that the driveway from Odell Avenue to the proposed garage would be asphalt.
This is an acceptable surfacing as stated in the Zoning Ordinance.
CONCLUSION
Based on the preceding review, our office recommends approval of the requested
conditional use permit subject to the conditions listed in the Executive Summary of this
report.
112
PC: Elaine Beatty
Jerry Olson
Andy MacArthur
Kevin Kielb
Dwight and Marion McKenzie
1
EXHIBIT A - SITE LOCATION
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EXHIBIT B - SITE PLAN, OPTION A
EXHIBIT C SITE PLAN, OPTION B
JIJL . 30. 1997 12 : 08PM
TO:OTSEGO
Hakanson
Anderson
Assoc., Inc.
July 30, 1997
Elaine Beatty, Clerk
City of Otsego
8899 Nashua Avenue
Otsego, MN 55330
RE: Dwight & Marian McKenzie CUP Application
Dear Elaine:
NO. 622 P.1/5
3601 Thurston Avenue
Anoka Minnesota 55303
612/47-5860
Fax 612/427,3+#0t- 0520
Hakanson Anderson Associates, Inc. has reviewed documentation submitted for the
above referenced CUP Application. The applicant is requesting to restore the site to
a previously existing condition. There doesn't appear to be a significant impact to
drainage. We do not have any other engineering concerns regarding this application.
• V
If you have any questia,ns, please do not hesitate to contact me.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
IYe%/X-n
Kevin P. Ki b, PE
!Ig
cc: Bob Kirmis, NAGS
Andy MacArthur, Attorney
Lawrence G. Koshak, PE
OT2900.eW
I
Surveyors
En6ineers Landscape Architects
,JUL.30.1997 12:09PM
Hakanson
Anderson
Assoc., Inc.
July 30, 1997
Elaine Beatty, Clerk
City of Otsego
8899 Nashua Boulevard NE
Otsego, MN 55330
RE: Mississippi Rivervvood CUP Amendment Application
It -
Dear Elaine:
N0.622 P.2/5
3601 Thurston Avenue
Anoka, Minnesota.55303
612/427-5860
Fax 612/427-34e1-- 0520
We have reviewed the apove referenced application with respect to Engineering issues.
We offer the following comments:
1. The letter dated July 7, 1987 (97?) indicates that certain steps will be taken for
protection of/units based on elevation of the units. This should apply to
assessory buildings as well as the principal units.
Elevations should be established for each unit and a map prepared depicting
these elevations. This will aid in establishing zones of required protection for
the campground'. The elevations should be established by a site survey.
Benchmarks should be left on-site for future verification.
2. The emergency evacuation plan must also consider septic system precautions.
he MPCA has terminated the permit for this facility, meaning the City has sole
regulatory authority for the facility. On July 29, 1997, City staff performed a
site visit to review the existing septic system. The site visit indicates that the
septic system w0s not constructed per plans submitted to the City. To provide
the City with information required for periodical reviews of the septic system,
the following information is required:
A. Spot -elevations on the septic tank lids and on the drainfields.
B. A description of which drainfields are functioning and which have
been abandoned.
C, Septic tank pumping records.
D. A brief description of the emergency plan for the septic system.
Engineers landscape Architects Surveyors
JU .30.1997 12:09PM
Elaine Beatty, Clerk
Page 2
July 30, 1997
NO. 622 P.3/5
3. A marker post (or posts) should be provided to allow for visual analysis of the
water level in thQ river.
If you have any questions, please do not hesitate to contact me.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
Kevin P. Kielb, PE
kas
cc: Lawrence G. Ko!phak, PE
Bob Kirmis, NAC,
Andy MacArthur Attorney
Jerry Oison, Bull0ing Inspector
OT2500.eb2
Hakanson
Anderson
Assoc., Inc.
a. Z1R.
• J1NNE•pr.
e Minnesota Department of Transportation ---
Metropolithn Division
Waters Edge )v
1
1500 West County Road B2 j. 1 JUL 2 !007
Roseville, MN 55113
July 17, 1997 �--- —
Elaine Beatty
City of Otsego
8899 Nashua Avenue NE
Otsego, MN 55330
Dear Elaine Beatty:
SUBJECT: Mississippi Riverwood Association Conditional Use Permit
Public Hearing Notice
Otsego, Wright County
C.S. 8608
The Minnesota Department of Transportation (Mn/DOT) has reviewed your request for comment
regarding a conditional use permit for the Mississippi Riverwood Association. We have no major
concerns regarding the conditional use permit. However, we would like to take this opportunity to
remind the applicant of certain stipulations regarding development of property adjacent to Mn/DOT
right of way.
• We require a Mn/DOT access permit for access to or across state highways or right of way,
including Mn/DOT owned frontage roads. A change in the intensity or type of use of an
existing entrance also requires a permit.
• We require a Mn/DOT storm water drainage permit for any change in rate of runoff to trunk
highway right of way, or any alteration of trunk highway storm water drainage systems.
• Any other use of or work within Mn/DOT right of way, including but not limited to grading,
utility work, and landscaping, also requires a permit. The permit necessary depends on the
nature of the propose&work.
• If property adjacent to Mn/DOT right of way is to be platted, the preliminary plat must be
submitted to us for review, along with a site plan and grading and drainage plans if prepared.
Please send copies of proposed plats and site plans to Sherry Narusiewicz, Local Government
Liaison Supervisor, at the above address. Questions regarding permit applications may be directed
to Bill Warden of our Permits Section at 582-1443.
An equal opportunity employer
:.:
Elaine Beatty
July 17, 1997
page two
Please contact me at 582-1654 with any questions.
Sincerely,
Scott Peters
Senior Transportation Planner/Local Government Liaison
.1
.r:.
0
NORTHWEST ASSOCIATED CONSULTANTS
07INCCOMMUNITY PLANNING - DESIGN - MARKET RESEARCH
PLANNING REPORT
TO:
FROM:
DATE:
RE:
FILE NO:
EXECUTIVE SUMMARY
Background
Otsego Mayor and City Council
Otsego Planning Commission
Madhulika Singh / David Licht
29 July 1997
Otsego - McKenzie Accessory Building CUP
176.02 - 97.13
Dwight and Marion McKenzie have requested a conditional use permit to construct an
accessory structure upon their property located at the north east intersection of Odell
Avenue and 83rd Street. The applicant has submitted two options. In Option A (Exhibit
B) the applicant intends to construct a 924 square foot garage and leave the existing two
pole sheds in their current state. Option B (Exhibit C) would eliminate one of the pole
sheds and proposes a 1,260 square foot garage. Option B is the preferred option.
According to the Zoning Ordinance, a detached accessory structure of an area greater
than 1,000 square feet;�and less than 1,500 square feet could be allowed by an
administrative permit, however, the Zoning Ordinance also states that no building permit
shall be issued for more than one detached private garage or accessory structure for each
single family dwelling except by conditional use permit.
The existing garage was damaged in a recent storm. The applicant intends to remove the
damaged garage and construct the proposed new accessory structure. The applicant
proposes to build on the concrete footprint of the damaged garage. The subject site is
zoned R-3, Residential Immediate Urban Service District.
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 55416
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9637
Attached for reference:
Exhibit A - Site Location
Exhibit B - Site Plan - Option A
Exhibit C - Site Plan - Option B
Recommendation
Based on established City policy and the following review, our office recommends approval
of a conditional use permit to allow more than one detached accessory building (Option
B) for a detached single family use subject to the following conditions:
1. A building elevation of the proposed accessory structure is submitted which
specifies structure height. The proposed structure shall be required to comply with
applicable height requirements.
2. The proposed accessory structure is not to be utilized for home occupation,
commercial related activities, or the keeping of animals.
3. The proposed accessory structure match the principal building in color.
4. The City Engineer provide comment/recommendation in, regard to drainage and
utility easement establishment.
5. The driveway be constructed of asphalt, as shown on the site plan.
6. Comments from other City staff.
ISSUE ANALYSIS
CUP Review Criteria. The City's Zoning Ordinance stipulates that no building permit
shall be issued for more than one detached accessory structure for a single family dwelling
except by conditional usepermit. In recognition of the site's existing detached accessory
structure, approval of a conditional use permit is necessary to accommodate the
applicant's request to construct a 1,260 square foot detached garage.
According to Section 20-16-4.1-1 of the City Zoning Ordinance, a conditional use permit for
an accessory storage structure may only be granted provided that:
There is a demonstrated need and potential for continued use of the structure and
the purpose stated.
2
2. in the case of residential uses, no commercial or home occupation activities are
conducted on the property. This prohibition shall include the storage of materials
and equipment which are unrelated to the on-site residential use and activity.
3. The building has no evident re -use or function related to the principal use.
4. The accessory building shall be maintained in a manner that is compatible with the
adjacent uses and does not present a hazard to public health, safety and general
welfare.
5. The provisions of Section 4.2.F of the Ordinance shall be considered and a
determination made that the proposed activity is in compliance with such criteria
(listed below) . -It
a. The proposed action's consistency with the specific policies and provisions
of the official City Comprehensive Plan.
b. The proposed use's compatibility with present and future land uses of the
area.
C. The proposed use conforms with all performance standards contained herein
(i.e., parking, loading, noise, etc.)
d. The proposed use's impact upon property values of the area in which it is
proposed.
e. Traffic generation by the proposed use in relation to capabilities of street
serving the property.
f. The proposed use's impact upon existing public services and facilities
including parks, schools, streets, and utilities, and its potential to overburden
the City's service capacity.
Building Use. The CUP review criteria states that there should be a demonstrated need
for continued use of the 4tructure and the stated purpose. Considering that the proposed
garage is to be used for the storage of the applicant's vehicles which are currently stored
outdoors due to the damage done to the garage previously existing on the site, there
appears to be a demonstrated need for the continued use of the structure.
In accordance with ordinance requirements, the structure may not be used for home
occupation/commercial related activities or the keeping of animals.
3
Building Type. According to Section 20-16.4.G of the Zoning Ordinance, the same or
suitable quality exterior finish building materials (as determined by the Building Inspector)
shall be used in all accessory buildings over 150 square feet as in the principal building.
According to the applicant, the proposed accessory building is to be of "stick built"
construction. To ensure compatibility, it is recommended that the siding upon the
proposed accessory building to be of a color which matches the single family dwelling. It
should be specifically recognized by the applicant that the Ordinance prohibits pole -type
building construction in residential zoning districts.
Existing Accessory Buildings. According to the submitted site plan, two detached
accessory buildings currently exist along the subject property's western boundary. The
applicant is proposing to remove one pole shed as part of Option B. Pole buildings are not
allowed in a residential zoning district. Therefore, the elimination of one of the pole sheds
is considered positive.
Setbacks. According to Section 20-16-4.13 of the Ordinance, the proposed accessory
building must not lie closer than ten feet to any lot line, occur upon a required easement
or in a required side yard. As a condition of CUP approval, the site plan must be revised
to document setback compliance.
Building Height. According to Section 20-16.4.E of the Zoning Ordinance, an accessory
building within an R-3 zoning district may not exceed 16 feet in height except as allowed
by conditional use permit.
As a condition of CUP approval, a building elevation should be submitted which illustrates
compliance with the maximum height standard.
Easements. As required by the City Subdivision Ordinance (Section 21-7-15) drainage
and utility easements have been established along all lot lines. This issue should be
subject to further comment by the City Engineer.
Access. The proposed accessory building is to receive its access via an existing curb
cut from Odell Avenue. Such access is considered acceptable. The applicant has
indicated that the driveway from Odell Avenue to the proposed garage would be asphalt.
This is an acceptable surfacing as stated in the Zoning Ordinance.
CONCLUSION
Based on the preceding review, our office recommends approval of the requested
conditional use permit subject to the conditions listed in the Executive Summary of this
report.
C!
pc: Elaine Beatty
Jerry Olson
. Andy MacArthur
Kevin Kielb
Dwight and Marion McKenzie
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EXHIBIT B - SITE PLAN, OPTION A
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EXHIBIT C - SITE PLAN, OPTION B
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XO: OTkGO
Hakanson
Anderson
Assoc., inc.
July 30, 1997
Elaine Beatty, Clerk
City of Otsego
8899 Nashua Avenue
Otsego, MN 55330
RE: Dwight & Marian McKenzie CUP Application
Dear Elaine:
3601 Thurston Avenue
Anoka Minnesota 55303
612/47-5860
Fax 612/427.3401- 0520
Hakanson Anderson Associates, Inc. has reviewed documentation submitted for the
above referenced CUP Application. The applicant is requesting to restore the site to
a previously existing condition. There doesn't appear to be a significant impact to
drainage. We do not hAve any other engineering concerns regarding this application.
-1
If you have any questions, please do not hesitate to contact me.
Sincerely,
HAKANSON ANDERSON ASSOCIATES, INC.
4-n-74ki6lb, PE
11g
cc: Bob Kirmis, NAC
Andy MacArthur,_ Attorney
Lawrence G. KoAak, PE
OT2500.ab3
Engineers j Landscape Architects Surveyors
•
i
1 NORTHWEST ASSOCIATED CONSULTANTS
IVAINC COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
MEMORANDUM
TO:
FROM:
DATE:
RE:
FILE NO:
Otsego Planning Commission
Bob Kirmis / David Licht
5 May1997
Otsego - Zoning Ordinance: Building Relocations
176.08 - 97.05
Attached please find a draft amendment to the Zoning Ordinance which would allow
building relocations via administrative rather than conditional use permit.
At the 28 April meeting of the City Council, staff raised question as to the intended
applicability of the City's building relocation requirements. As you are aware, the
relocation of a building or structure within the City currently requires the processing of a
conditional use permit. Specific question was raised by staff as to whether the current
conditional use permit is desired to apply to newly constructed homes assembled off site
(i.e., replacement manufactured homes).
Considering that the City of Otsego is characterized by "mobile home" subdivisions,
replacement manufactuzed homes are commonly processed by the Building Inspector
(approximately five per year). As a matter of standard practice, such manufactured home
replacements have not been processed by a conditional use permit but rather simple
building permit issuance.
Technically speaking, this practice does not meet the strict letter of the Ordinance.
According to the City Building Inspector, the past practice of exempting replacement
manufactured homes from building relocation CUP requirements has been based on the
following rationale:
5775 WAYZATA BOULEVARD. SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837
1. The replacement homes are "new" and meet all applicable Building Code
requirements.
2. New, on-site construction does not require the processing of a conditional use Ye
permit. In terms of actual final home product, little difference exists between off-site
and on-site construction.
3. The costs associated with the processing of a conditional use permit may
discourage property owners from replacing dilapidated manufactured homes.
In informal consideration of this matter, the City Council has initiated a Zoning Ordinance
amendment which would make building relocations an administrative approval.
It was generally concluded that potential adverse impacts of such relocations may be
satisfactorily addressed through the existing performance standards and security
requirements (to be retained).
For reference purposes, proposed ordinance text modifications have been highlighted.
This item is scheduled for public hearing on 21 May.
pc: Elaine Beatty
Andy MacArthur
Larry Koshak
a '
DRAFT - DRAFT - DRAFT
CITY OF OTSEGO { 1w
WRIGHT COUNTY, MINNESOTA
ORDINANCE NO. 97 -
AN ORDINANCE ADDRESSING PROCESSING REQUIREMENTS FOR BUILDING
RELOCATIONS.
THE CITY OF OTSEGO ORDAINS:
Section 1. Section 20-19 of the Otsego Zoning Ordinance (Building Relocations)
is hereby amended to read as follows:
20-19-1: REVIEW PROCESS: The relocation of any building or structure on a- lot or
onto another lot within the City shall be subject to the Ft's
requirements, regulations and conditions of Section 4,
6onditional Use
eceirii Permit of this Chapter as well as Section 20-19-2
below, of this Section.
20-19-2: PERFORMANCE STANDARDS: The following performance standards
shall apply:
A. Upon relocation, the building shall comply with the applicable requirements
of the State Uniform Building Code.
B. The proposed relocated building shall comply with the character of the
neighborhood in which it is being relocated as determined by the City
Council.
C. The relocated use will not result in a depreciation of neighborhood or
adjacent perty values.
D. The relocated structure shall be similar to the market valuation of adjacent
principal structures as determined by the City or County Assessor.
E. The relocated structure shall be ready for occupancy within six (6) months
from the date of location on the site.
20-19-3: PERFORMANCE SECURITY: A performance security shall be provided to
the City as specified in Section 20-4-7 of this Chapter.
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Section 2. This ordinance shall become effective immediately upon its passage
and publication.
ADOPTED by the Otsego City Council this day of 1997.
ATTEST:
0
CITY OF OTSEGO
By:
Larry Fournier, Mayor
Elaine Beatty, City Clerk/Zoning Administrator
2
SECTION 18. BUILDING RELOCATION
Subdivision
18.01 Review Process
18.02 Exemptions
18.03 Performance Standards
18.04 Performance Security
18.01 REVIEW PROCESS: The relocation of any building or structure onto a lot within
the Township shall be subject to the requirements, regulations and conditions of Section
4, conditional use permit of this Ordinance as well as Section 18.02 of this section.
18 OZ EXEMPTIQNS 'fie fol(Qv+rttg.are exempt from fie protstans of phis seciion:
A.:.:.:.
ReEaeationswktfc accu>" solely.w>fhln t .con -rhes of a:srgte Iat Qr payee
A. Upon relocation, the building shall comply with the applicable requirements of the
State Building Code.
B. The proposed relocated building shall comply with the character of the
neighborhood in which it is being relocated as determined by the Town Board.
C. The relocated use will not result in a depreciation of neighborhood or adjacent
property values.
D. The relocated structure shall be similar to the market valuation of adjacent principal
structures as determined by the Stearns County Assessor.
E. The relocated structure shall be ready for occupancy within six (6) months from the
date of location on the site.
18-1
EXCERPT FROM DRAFT ST. AUGUSTA TWP ZONING ORDINANCE
18.04 PERFORMANCE SECURITY: A performance security shall be provided to the
Township as specified in Section 4.06 of this Ordinance.
18-2