09-16-98 PCCITY OF OTSEGO PLANNING COMMISSION MEETING
MINUTES
SEPTEMBER 16, 1998 - 8PM
1. Chair Carl Swenson will call meeting to order:
Chair Swenson called the Planning Commission meeting to order at 8PM.
ROLL. CALL.:
Carl Swenson, Chair; Commissioners; Arleen Nagel, Richard Nichols, Bruce Rask and
Eugene Goenner were present. Commissioners; Jim Kolles and Ing Roskaft had excused
absences, Christian Mbanefo, Alternate, was also absent.
CM Vern Heidner, Planning Commission representative, Dan Licht, Assistant City Planner
and Elaine Beatty, City Clerk/Zoning Administrator were also present.
2. Consideration of the Planning Commission Minutes of:
A. Planning Commission Meeting of September 2,1998.
These minutes had been approved at the September 9, 1998 Special Planning Commission
Meeting and changes have been made.
Elaine Beatty noted that the proper publishing, posting and mailings had been completed
for this application.
Dan Licht explained NAC's Planning Report dated September 4, 1998. He read the CUP
criteria on Page #3 of the report numbers one thru five. The building material is pole
building construction with white metal siding and black trim. Setbacks, height, grading
and drainage and utilities were reviewed. The City Engineer's letter states that he had no
issues with this application. NAC recommends that the Planning Commission approve the
Conditional Use Permit subject to the conditions on Page #2, of NAC's report, Numbers
one thru five, which Dan Licht read.
THE APPLICANT SPOKE:
LeRoy Lindenfelser commented that the height maximum is equal to the peak of the
existing home. (Explained the 5' incline on the property.)
CITY OF OTSEGO PLANNING COMMISSION MEETING OF SEPTEMBER 16,
1998 AT 8PM PAGE 2
THE HEARING; WAS OPEN TO THE PUBLIC*
No one spoke.
Application issue was brought back to the Planning Commission for discussion.
The Planning Commission had no discussion.
Chair Swenson dispensed with going back to the Public, because of lack of public input.
The Hearing was Closed.
BRUCE RASK MOTIONED TO APPROVE THE CONDITIONAL USE PERMIT TO ALLOW
THE FOLLOWING; A. MORE THAN ONE DETACHED ACCESSORY BUILDING ON A
SINGLE FAMILY LOT, B) ACCESSORY BUILDING SIZE GREATER THAN 1,500 SQ FT ON
A SINGLE FAMILY LOT, C) TOTAL ACCESSORY AREA GREATER THAN 2,000 SQ FT ON
A SINGLE FAMILY LOT, D) POLE BUILDING CONSTRUCTION WITHIN THE A-1
(GENERAL AGRICULTURAL DISTRICT), SUBJECT TO THE FIVE (5) CONDITIONS OF
NAC'S REPORT DATED SEPTEMBER 4, 1998. ARLEEN NAGEL SECONDED THE MOTION.
MOTION CARRIED UNANIMOUSLY.
This will be on the September 28, 1998, City Council Meeting at 6:30 PM.
4. PUBLIC HEARING initiated by applicant/owner John J. and Barbara Sue
DeMars, 8790 Macon Ave. NE Otsego, MN. 55330 PID #118-500-191206, in Sec. 19,
Twp 121, Range 23. Legal description is available at City Hall. The property is
approximately 5 acres, A-1 Zoned, located E of Mason Ave. and N. of 87TH ST NE.
City of Otsego. Wright Co. Mn. Request is as follows:
1. A Conditional Use Permit to allow the following
A. More than one detached accessory building on a single
family lot
B. Accessory building size greater than 1,500 sq. ft on a
single family
C. Total accessory a� rea greater than 2,000 sq. ft. on a single
family lot
D. Pole building construction within the A-1 (General
Agricultural District)
Elaine Beatty noted that the proper posting, publications and mailings had been completed
on this application.
Dan Licht explained NAC's Report of September 9, 1998. This is approximately a 3.73
acre site Zoned A-1 (Agricultural, Rural Service Area). A 30'x 40' foot, 1,200 sq. ft. new
building is being requested. The applicant has two existing detached buildings 864 sq. ft.
and 936 sq. ft. for a total of 1,800 sq. ft. for 3,000 sq. ft. total accessory space being asked
for. Dan Licht stated that the landscaping home extended business was there before the
current Zoning Ordinance was adopted. Mr. Licht explained the home extended business
and read the criteria for the CUP on Pg. #4, one thru five of NAC's Report. The property
is single family use. The Planning Commission can consider a Home Extended Business
Permit or a relocation of this business to an I-1 district (lower standard district). Dan Licht
asked the Planning Commission to consider the number of accessory buildings.
CITY OF OTSEGO PLANNING COMMISSION MEETING OF SEPTEMBER 16,
1998 AT 8PM PAGE 3
Dan also explained the materials being used, setbacks, height, grading, drainage and
utilities. The new building will be a brown roof with tan walls and will match the existing
home. The Engineer stated in a letter dated September 11, 1998, that there are no
engineering issues on this property.
Mr. Licht stated that the Planning Commission may consider the building inappropriate
with the home extended business, which may not have been approved. If the Planning
Commission feels it is appropriate, the home extended business needs to be added. The
Planning Commission can table this application to allow the applicant to provide
information and the applicant can apply for an interim uselhome extended business permit.
Dan Licht read the conditions on Page 2, and 3, Numbers one thru nine.
APPL.IC NT SPOF.:
John DeMars, applicant, stated that he had 4.74 acres not 3.74 acres. He is a caretaker at
Maple Grove, but has no big equipment. He has no attached garage and his daughter will
be driving soon. More storage space is needed.
HEARING OP . D TO THE PUBLIC:
Ed Specht He moved in 1992 and chose Mason avenue because of
8748 Mason Ave NE the rural area and nice homes clustered. John's land has a
baseball field. He has the best maintained yard and home
in the neighborhood. He would like to see this application
approved.
Hearing was Closed.
Back to the Planning Commission for Discussion.
Vern Heidner stated that he didn't believe the applicant to have a home extended business.
Dan Licht stated that on the application a statement was made that the accessory building
was for maintenance and landscape business equipment.
Richard Nichols was confused if it was a home extended business or equipment that was
taken by one person to another site. Is the description the applicant gave a home extended
business? Dan Licht stated he gets compensation for it.
John DeMars stated that he has a rider, two push mowers and he has worked at Fish Lake
Woods since 1979 as a caretaker.
Bruce Rask asked if there were any other employees? No, just his brother Joe
occasionally. Mr. Rask did not feel this application was any different then the previous
one on the agenda tonight.
Dan Licht explained that the home extended business is all on the farmstead and within the
attached garage.
Richard Nichols - Would we put Mr. DeMars out of business by incorporating this in the
Ordinance? Dan Licht sated he is required to get an interim use permit, and read the
criteria for home extended business permit.
Mr. Nichols stated that he visited this property tonight and it is a nice property, well taken
care of.
CITY OF OTSEGO PLANNING COMMISSION MEETING OF SEPTEMBER 16,
1998 AT SPM PAGE 4
Chair Swenson felt it was different if he is doing caretaker work and he is using this
equipment also at his home. There was discussion of the three detached buildings and
how one could be attached to the home with a deck or breezeway.
Mr. Licht stated if the Planning Commission approves the use, they need to make a finding
that what the applicant is doing is not a home extended business.
Mr. Rask - I am not sure this is a home extended business. I feel it does not apply.
Mr. DeMars stated that he has a rider and two push mowers and a leaf blower on a trailer.
His brother Joe works approximately one day a week.
Chair Swenson stated that the three detached accessory buildings are excessive.
Mr. DeMars stated that he was thinking of adding it to one of the existing buildings, but it
is very costly. He collects classic cars and part of the building would be for that storage.
Mr. Nichols - The deck could be brought around and attached to the building, then he
would have two detached buildings.
RICHARD NICHOLS MOTIONED TO TABLE THIS REQUEST FOR CUP TO ALLOW THE
APPLICANT TIME TO APPLY FOR AN INTERIM USE PERMIT. ARLEEN NAGEL
SECONDED THE MOTION. MOTION CARRIED THREE TO TWO (3 TO 2).
WITH BRUCE RASK AND GENE GOENNER VOTING AGAINST.
Mr. Rask felt that it had not been demonstrated that this is a home extended business.
John DeMars agreed. Mr. Goenner felt it would be holding Mr. DeMars up if tabled.
Arleen Nagel asked if people that plow snow are considered as having a home extended
businesses. Answered No. Mr. Rask felt this did not fit under the ordinance. There would
be no increased traffic, no extra parking, nobody coming to his home.
More discussion:
Dan Licht. - One qualification is storage.
Chair Swenson - This equipment is used for business and home.
Mr. DeMars stated that he is not a landscaper.
Mr. Licht asked Mr. DeMars if the lawnmower is the standard lawn size. Answered Yes.
Mr. Licht stated that the Planning Commission can determine this is not to be a home
extended business because of the equipment stored is used for the home.
RICHARD NICHOLS MOTIONED TO RECONSIDER HIS MOTION. ARLEEN NAGEL
SECONDED. MOTION CARRIED UNANIMOUSLY.
MOTION WAS REMOVED FROM THE TABLE.
Mr. Licht noted that the Planning Commission should include that the type, size and
quantity of the equipment is used for a large lot residential use.
Mr. Nichols -Regarding the three detached buildings, could one condition be that the
garage nearest the home be attached.
Mr. Swenson felt that three detached buildings was too many. If one is attached to the
home, then it would only be two detached accessory buildings.
CITY OF OTSEGO PLANNING COMMISSION MEETING OF SEPTEMBER
16, 1998 AT 8PM PAGE 5
RICHARD NICHOLS MOTIONED TO RECOMMEND APPROVAL OF THE REQUEST FOR
THE CONDITIONAL USE PERMIT TO ALLOW A) MORE THAN ONE DETACHED
ACCESSORY BUILDING ON A SINGLE FAMILY LOT. B) ACCESSORY BUILDING SIZE
GREATER THAN 1,500 SQ FT ON A SINGLE FAMILY LOT. C) TOTAL ACCESSORY AREA
GREATER THAN 2,000 SQ FT ON A SINGLE FAMILY LOT. D) POLE BUILDING
CONSTRUCTION WITHIN THE A-1 (GENERAL AGRICULTURAL DISTRICT) AND THIS BE
ALLOWED CONTINGENT THAT ITEM #1 BE DELETED FROM THE STAFF REPORT AND
SUBSTITUTE #1 LANGUAGE "THE GARAGE BEHIND THE HOUSE BE ATTACHED TO
THE HOME". WITH THE UNDERSTANDING THAT THE P.C. DOES NOT CONSIDER THIS
PROPERTY TO BE THE SITE OF A HOME EXTENDED BUSINESS (AS PER #4) AND
REMOVE NO.7 OF NAC'S CONDITIONS. EUGENE GOENNER SECONDED THE MOTION.
MOTION WAS APPROVED UNANIMOUSLY.
This item will be on the September 28, 1998 6:30PM Council Agenda.
5. Any other P.C. Business
CM Heidner asked that the Planning Commission, as it looks at other ordinances, to keep
in mind the Home Extended Business/Home Occupation Ordinance needs some changes
and more definitions. The City Council approved the Comprehensive Plan. Also the City
accepted bids for the water tower, which all came in came in under estimate.
Mr. Goenner asked about the variances on Thein Well Industrial Site. Mr. Heidner noted
that this applicant withdrew the request. The City Council took no action on this.
6. Adjourn by 1OPM
BRUCE RASK MOTIONED TO ADJOURN THE MEETING. RICHARD NICHOLS
SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED
AT 9:25PM.
Ji Kolles, Secretary
Minutes by: Elaine Beatty, City Clerk/Zoning Administrator
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FILE: 98PC MIN. W PS