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01-20-99 PCCITY OF OTSEGO PLANNING COMMISSION/CITY COUNCIL MEETING MONDAY, JANUARY 20, 1999 - 8PM MINUTES 1. Chair Carl Swenson will call meeting to order; Chair Swenson called the meeting to order at 8PM. ROLL CALL: Chair Carl Swenson, Commissioners Arleen Nagel, Jim Kolles and Eugene Goenner. Excused absence: Bruce Rask, Richard Nichols and Christian Mbanefo Mayor Larry Fournier, Council Members Vern Heidner, Suzanne Ackerman. Absent: Mark Berning and Virginia Wendel Elaine Beatty, City Clerk/Zoning Administrator and Dan Licht, NAC from Staff. 2. Consideration of the Planning Commission Minutes of: A. December 9, 1998 P. C. Joint P.C./Council Meeting Minutes will be considered at the P.C. Meeting of February 1, 1999. 3. Continue Review of Accessory Buildings for the Large Lot Unsewered Development ( with updated information from NAC) and any other proposed Zoning Ordinance change Dan Licht explained January 12, 1999 memo from NAC RE: Otsego Zoning Ordinance update - Accessory Building Changes. The Gazebo issue was discussed and less than 150 sq. ft is incidental. Anything over that amount will require a building permit. Setbacks were reviewed and over 1,000 sq. ft in size accessory building is required to have the same setback as the principal structure. CM Heidner noted that in R-1, 2 and 3 Districts of large lots, the restriction of 2,000 sq. ft for accessory buildings, but have it in two (2) buildings, not one (1). (Mr. Licht brought up that the down side is increased maintenance issues on property and if the buildings are built at different times, they could be very different in appearance.) Mayor Fournier asked Mr. Licht to define major building setbacks and he asked if two accessory buildings would look better than one. Mr. Goenner noted that two detached accessory buildings would need a minimum lot size that it could go on. A smaller lot maybe would not be able to have two accessory buildings. Mayor Fournier - On a larger lot, maybe two buildings would look better. Mr. Heidner stated he is willing to set this issue aside until more information can be gathered. Chair Swenson noted that we will probably set the hearing date tonight. Ms. Nagel - Did not like to see a lot of garages, but would rather see two than one huge one. Mr. Kolles - Would like two smaller, rather than one larg garage, if the property is 4 acres or more. Mr. Heidner - You could say no single building larger than 1200 sq. ft. Ms. Ackerman agreed with two smaller buildings. Mr. Licht - We need to state the maximum size for the detached garage that automatically triggers the need for the second building (not larger than X size). CITY OF OTSEGO P.C./CC MEETING - MONDAY, JANUARY 20, 1999 - 8PM -PAGE 2 - Mayor Fournier asked if we need to include the basement area as part of the total space for a home. Mr. Licht noted that the finished floor area includes up and down. The Hearing for Accessory Building portion of the Ordinance will be on February 16, 1999 (Tuesday at 8PM) Mr. Licht reviewed January 13, 1998 Zoning Ordinance Update on Feedlots (Sec. 38). Mayor Fournier asked if we can call the legal non -conforming use a "legal permitted use"? Mr. Licht explained that those feedlots that meet registration requirements would be legal. The others not meeting regulations would be non -conforming, which is a legally defined term in the Zoning Ordinance. Mayor Fournier didn't like the negative feeling of it. He would like it more positive. Mr. Licht noted that we can not change it. Mr. Licht explained further how the ordinance views the feedlot designation "Legal non -conformity" and we can only operate under same. The registered feedlot is not non -conforming. More discussion on the legal non -conformity. Page 38-2. Allowed Feedlots. A. Urban Service Area 1. Existing Feedlots No's. 1 through 7 allow flexibility from the existing ordinance. Ms. Nagel - At what point does a feedlot need an MPCA Permit? Mr. Goenner answered ten (10) animal units, but said that the MPCA doesn't enforce it until it is fifty (50) animal units. Page 38-3 Rural Service Area Feedlots. Subsection explained. All feedlots required to register within six months of the ordinance publication. There may be a problem with allowing subdivisions, then feedlot protection with registration. Discussion was had on how to determine the size of the feedlot. Mr. Goenner felt a six month date was good for registration window. Questioned if that was completed, or started? Answer is it requires more than six months to get an MPCA Permit. Mr. Heidner said it could be pending and Mr. Swenson said if it is in process - It's the intent. Mr. Goenner asked if there is a problem with the maximum number of animal units allowed on site. (There is a certain number that can be handled on each site). Mr. Licht noted that some documentation of animal units is needed. More discussion of how city is going to document animal units. Chair Swenson felt we need to ask the farmers. Mr. Licht will get U of M guidelines Mr. Kolles didn't know if that would work, especially with dairy animals. Mr. Heidner thought the real issue was waste material. Mr.. Goenner agreed. Mayor Fournier thought we should bring guidelines back, either from the U of M or Wright Co. Mr. Licht will bring back guidelines for PC/CC to review. Mr. Goenner said eliminate a, b c and d. Mr. Licht will check "d" before removing it. P.C. & CC asked Mr. Licht to get the newest waste management plan. 38-4 a.1. Change to owner's and operator take out "or". CITY OF OTSEGO P.C./CC MEETING - MONDAY, JANUARY 20, 1999 - 8PM -PAGE 3 - Page 38-5 c. (bottom of page) Mr. Goenner suggested to delete "operator" from owner/operator. Mayor Fournier asked if the owner is the only one who can cancel the registration? Answer: City can if they are non-compliant. Page 38-5 (2) a. Mr. Goenner suggested it be tied to capital improvements. Mr. Licht will review this and rewrite it. Page 38-6. Remove "operator". Mr. Licht noted that if the owner terminates registration, it goes back to a legal non -conforming use. Mr. Heidner - Asked what if the farm is sold and no forms were filled out? Can they reconstruct the farm? More discussion of the registration being handled as an Administrative Permit and the document to be recorded at Wright County similar to the existing Administrative Permits. 20-38-3, Page 38-6 change "20-38-4" to correct reference on 4th line. 38-7 A, 1, 2 and 3. Revise to reflect registered number of animal units. Mr. Goenner - If a person would drop their registration, would they be able to double the size? Mr. Heidner didn't feel we could go back to the old ordinance. Mr. Goenner said put in a clause - "No expansion would be permitted once the registration is dropped by the owner". 38 - 9 - 3. Non conformity "Mr. Licht will change this with his wording." Mr. Goenner - 3. Add "Not to encroach closer than 300ft". Mayor Fournier asked Mr. Goenner what is the problem with 300'? He explained the different situations and would require a CUP. Mr. Licht explained 300' in close proximity to the existing building. If your concern is on conditions imposed, we can define that further. Mr. Heidner noted that we need this in black and white, not subjective. Mr. Licht noted that beyond 300' they have to show cause to move more than 300'. Mr. Heidner asked if you are looking at a variance? Discussion of a drawback with the economics feature instead of physical. It was decided to go with the CUP - not Variance. Mr. Licht - The direction I am hearing is work on item C. Chair Swenson noted that is with further consideration that you not take rights away from someone else. 38-10 Table. Mr. Heidner questioned public or private ditch (road ditch)? Mr. Licht with check this with the City Engineer. That was all the changes. Mayor Fournier asked on registering feedlots, how would we handle it? Newspaper, Otsego View? It was decided that we would send a mailing to all people in the Rural Service Area. 5. Any other P.C. Business A. Establish an alternate meeting date for the second Planning Commission meeting in January as January 1 9th is Martin Luther King Day It was decided that the P.C. would handle their meetings like the Council and if the holiday falls on the regular scheduled meeting, the meeting would be the next day " Tuesday". Ms. Nagel noted that in the Zoning Ordinance #106. Hobby Farm Definition, we need to look at it and be consistant. CITY OF OTSEGO P.C./CC MEETING - MONDAY, JANUARY 20, 1999 - 8PM -PAGE 4 - Ms. Beatty brought up the fact that she received a call from Rita Johnson who worked formerly with the State Planning Agency and has now resigned to take another job. There is around $600.00 in the account that can be used to hold a planning seminar at Otsego. Arleen Nagel has agreed to help with a seminar to be held at Otsego this Spring. All agreed that this would be a good idea and in March, Elaine/Rita/Arleen will meet to plan a seminar at Otsego. 6. Adjourn by 1OPM ARLEEN NAGEL MOTIONED TO ADJOURN. JIM KOLLES SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. MEETING ADJOURNED AT 9:48PM. JA ES KOLLES, SECRETARY Minutes by Elaine Beatty, City Clerk/Zoning Administrator, Recording Secretary. eb (File: 99-PCMIN.WPS)