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03-18-02 PCCITY OF OTSEGO PLANNING COMMISSION MEETING MARCH 18, 2002 8 P OTSEGO CITY HALL 1. Chair Nichols will call the meeting to order. Chair Nichols called the meeting to order at 8:02 PM. Roll Call: Chair Richard Nichols; Commission Members: Steve Schuck, Christian Mbanefo, David Thompson, Carl Swenson and Jim Kolles and Patrick Moonen. Excused Absence: Ken Fry, Staff: Mike Robertson, City Administrator, Judy Hudson, City Clerk/Zoning Administrator; and Dan Licht, City Planner. City Council: Vern Heidner, Larry Fournier, and Jerry Struthers. 2. Consider the following minutes: A. March 4, 2002 minutes. Commissioner Thompson noted that he was not listed in Roll Call. Commissioner Kolles motioned to accept the minutes as amended. Seconded by Commissioner Schuck. All in favor. Motion carried. 3. Public Hearings: 3.1. Public Hearing for applicant, Betty Benson of 8982 Mason Avenue. Chair Nichols opened the Public Hearing at 8:03 PM. Judy Hudson attested the proper noticing and publishing was done. Dan Licht presented the Planner's Report. The applicant, Betty Benson, requested that the existing pole building remain. She questioned how a jog in the property line would affect long-term development in the city. Chair Nichols opened the Public Hearing for public comment. There was no public comment. When asked what the change would do to the size of the lot he said it would reduce the one lot by not quite 2 acres. Commissioner Schuck asked how big the building is and if it could be moved. Betty Benson said the building is 24 ft. by 40 ft. Katie and Joel Keene said the building is 30 years old and is sound but they didn't know if it could be moved and it also sits on a cement slab. Katie also stated her mother, Betty Benson, wants her to have five acres and not anything less than that. Katie Keene asked how they could keep the five acres and still keep the building. Commissioner Swenson asked how many accessory buildings are on the parcel. Dan Licht replied the survey shows five detached buildings. Katie Keene said this is a homestead and she wants the current look to remain as it is. Chair Nichols asked for Public Comments. Mr. Ocel of Mason Avenue questioned the idea of putting a road to the creek from Mason Avenue. Dan Licht said it's a driveway easement and it needs to be there to provide access. Chair Nichols closed the Public Hearing. Planning Commission Meeting of March 18, 2002, cont'd. Page 2. Commissioner Schuck asked if there would be enough frontage on Mason Avenue to have another conforming lot. Dan Licht replied yes. A. Rezoning from A-1 District to A-2. Commissioner Schuck motioned to recommend approval of a Zoning Map amendment rezoning the subject site from A-1 District to A-2 District based upon a finding that the request is consistent with the polices of the Comprehensive Plan. Seconded by Commissioner Swenson. All in favor. Motion carried. B. CUP to allow horses in an A-2 Zoning. Commissioner Schuck motioned to recommend to approve the Conditional Use Permit allowing the keeping of horses on two lots within the A-2 District, subject to the conditions listed the Planner's Report. Seconded by Commissioner Thompson. All in favor. Motion carried. C. Preliminary and Final Plat. Commissioner Schuck motioned to recommend to approve the Preliminary and Final Plat for a two -lot subdivision, subject to the conditions listed in the Planner's Report modifying Condition No. 2 to Common side lot line is revised to be at a right angel to Mason Avenue to provide the north lot with 5 acres. Seconded by Commissioner Mbanefo. All in favor. Motion carried. 3.2. Public Hearing for applicant, Cascade II and LandCor. Request is for: A. Rezoning from Agricultural A-1 to PUD District. B. PUD General Development Plan. C. Preliminary Plat. Chair Nichols opened the Public Hearing at 8:46 PM. Judy Hudson attested the proper noticing and publishing was done. Chair Nichols explained the applicant did not submit all materials in time for staff to review and the application will be tabled, but at this time Public Comment will be taken. Trish Ringler, Owner of Riverview Liquorette, 15682 NE 90`h Street. Ms. Ringler stated someone had asked her if she would want to move her liquor store to this development. She feels if she doesn't move her business there, a big chain store would go in and put her out of business. She asked to take a look at how many liquor licenses the City wants to issue. Dan Licht replied the Planning Commission looks at zoning only for this area. Commissioner Mbanefo motioned to table the Public Hearing until April 1, 2002. Seconded by Commissioner Schuck. All in favor. Motion carried. 3.3. Public Hearing for applicants, Dale M. and Anne Beaudry, 7675 MacIver Avenue. Request is for: A. Conditional Use permit to allow a home to be built on a non - Conforming lot that does not have required minimum frontage Or direct access to a public street access. Chair Nichols opened the Public Hearing at 8:54 PM. Judy Hudson attested all proper noticing and publishing was done. Dan Licht presented the Planner's Report. The applicant, Dale Beaudry, stated he doesn't want to dedicate the 66 -foot piece of land to the City for a future street. Planning Commission Meeting of March 18, 2002, cont'd. Page 3. His current house is close to this piece of land and he doesn't think it would meet the setback. He suggested the street go through the Eldon Martin property just south of his. Dan Licht stated dedication of this land would not encroach into their yard. Staff is not recommending construction of the street at this time. The applicant needs to demonstrate permanent access to their property. Mike Robertson noted that there are two other existing lots on the south side of the 66 foot piece of land and that they would also need access to build in the future. Dale Beaudry said those lots were also owned by the Martins and they could provide access from the south. Chair Nichols opened for Public Comments. Chair Nichols asked for any additional public comment. There was no public comment. Chair Nichols stated he is sympathetic with the applicants that they have the land and seems like it should be simple to just build but what they do affects other landowners. He stated he agrees with the Planner's Report that the access strip of land should be dedicated to the City. Councilmember Heidner would like to see a copy of the recorded easement. Commissioner Mbanefo motioned to recommend to approve the Conditional Use Permit allowing construction of a single family dwelling on a non -conforming lot, subject to the four provisions listed the Planner's Report. Seconded by Commissioner Schuck. All in favor. Motion carried. 3.4. Public Hearing for: A. Amendment to Zoning Ordinance Section 37 regarding business Wall signs for commercial and industrial uses. Chair Nichols opened the Public Hearing at 9:43 PM. Judy Hudson attested the proper publishing was done. Dan Licht presented the Planner's Report. Hearing no comments, the Public Hearing was closed at 9:45 PM. Commissioner Mbanefo motioned to recommend to approve the amendment to Ordinance 37 of the Zoning Ordinance (signs) for the Number of Wall, Canopy or Marquee Signs allowed within Business and Industrial Zoning Districts. Seconded by Commission Thompson. All in favor. Motion carried. 4. Anv other Planning Commission Business. A. Planning Commission By -Laws. Dan Licht went over the By -Laws. Commissioner Swenson motioned to approve the By -Laws as presented. Seconded by Commissioner Thompson. All in favor. Motion carried. B. Update on Council actions by CM Heidner. Councilmember Heidner went over the items the City Council approved as their last meeting. Planning Commission Meeting of March 18, 2002, cont'd. Page 4. 5. Adjournment by 10 PM. Commissioner Schuck motioned to adjourn. Seconded by Commissioner Moonen. All in favor. Motion carried. Meeting adjourned at 9:55 PM. Richard Nichols, Chair ATTEST: Judy Hudson, City Clerk/Zoning Adm.