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05-20-02 PCITEM 2. 1. CITY OF OTSEGO PLANNING COMMISSION MEETING MAY 20, 2002 8 P OTSEGO CITY HALL 1. Chair Nichols will call the meeting to order. Chair Nichols called the meeting to order at 8:00 PM. Roll Call: Chair Richard Nichols; Commission Members: Carl Swenson, Ken Fry, Christian Mbanefo, Patrick Moonen and David Thompson. Excused absence: Jim Kolles and Steve Schuck. Staff. Mike Robertson, City Administrator; Judy Hudson, City Clerk/Zoning Administrator; Dan Licht, City Planner and Andrew MacArthur, City Attorney. Councilmembers: Virginia Wendel, Jerry Struthers, Suzanne Ackerman and Mayor Larry Fournier. 2. Consider the following minutes: 2.1. May 6,. 2002 Planning Commission Meeting_ Commissioner Moonen motioned to accept as written. Seconded by Commissioner Fry. All in favor. Motion carried. 3. Planning Items: 3.1. Lefebvre's Camet: (tabled from the 05-05-02 meeting) A. Administrative Permit to add on 1.3 acre to existing lot. B. Rezone detached portion of Parcel to B-3 District. C. Building and Site Plan Review. Information was not received in time for this meeting. 3.2. Public Hearing for Barthel Feedlot A. Conditional Use Permit for construction of an Animal Building for a Registered Feedlot within one thousand (1,000) feet of an existing residential use. Chair Nichols opened the Public Hearing at 8:03 PM. City Planner, Dan Licht, presented the Planner's Report. Judy Hudson attested the proper noticing and publishing was done. Chair Nichols opened the Public Hearing for public comment. Judy Vetsch, 8490 LaBeaux Avenue. Mrs. Vetsch stated her land adjoins the Barthel land and she understands the Conditional Use Permit should have been done prior to feedlot being built. She feels with the 1,000 -foot setback it does not allow her land as much development rights and if the Conditional Use Permit were done prior to this, they would have had the opportunity to comment. Because of this Mrs. Vetsch asked for the City to re -look at the Comprehensive Plan because it doesn't say how far the barn has to stay away from the property line. She feels she was penalized because of this and asked if there will be special considerations for them. Planning Commission Meeting of May 20, 2002 cont'd. Page 2. Randy Kartenson, 11364 80`h Street. Mr. Kartenson stated he lives next door to the dairy barn. He questioned the requirement of a wood wall and a berm. He said they have the issue to keep the cows cool. The Barthels employ a lot of people at dairy barn they are good people and don't think its fair for the City to require them to put in the berm and the wall and asked to reconsider the requirement for the wall and the berm. NOTE: The following comment was called in prior to the meeting and to be included in the minutes as amended: Mrs. Edmond DeMars called and complained the Barthels are hauling in more cows and is concerned with the odors. (These concerns were addressed at the Public Hearing). Chair Nichols asked for Planning Commission comments. Commissioner Fry questioned the applicant as to how many animal units would they be expanding to. Mr. Barthel replied they would not be expanding and they currently have 320 cows but under the MPCA Permit they could have 650 cows. Commissioner Swenson asked the Planner if the house directly across from the feedlot on the south side of 80th Street would benefit with site barrier for this home. Mr. Licht replied this could be considered but that they are currently looking at the old feedlot. Commissioner Mbanefo asked for clarification on setbacks from property lines. Mr. Licht explained the setback is measured from the feedlot building to the residential property line and could go 30 feet from property line. . Chair Nichols asked Mr. Barthel if the requirements to build a screening wall to a height to screen the building would be acceptable to him. Mr. Barthel replied it would be acceptable. CM Wendel stated she didn't like the requirement of building a solid wall. Mr. Licht explained this requirement came up because the City received complaints from residents living within the 1000 feet. Mr. Licht suggested that these residents might be satisfied with trees rather than the wall. Chair Nichols also had concerns with the wall and feels the berm with trees would serve the same purpose. Chair Nichols asked for additional public comment. Bums Doran, 11421 80`h Street. He stated he lives on the south side of 80`h Street, directly across from the Barthel Feedlot. Mr. Doran stated they moved into their home with this feedlot located there and they are not bothered by it. Hearing no further comments, Chair Nichols closed the Public Hearing at 8:30 PM. Commissioner Mbanefo suggested that on the issue of the fence the applicant should talk to the two residents living next to the feedlot and try to resolve any complaints. Mr. Licht suggested deleting Condition No.3 and add that the applicant add two rows of trees or a wall to the southwest subject to approval from City Staff. Planning Commission Meeting of May 20, 2002, cont'd. Page 3. Commissioner Mbanefo motioned to recommend to approve the Conditional Use Permit to allow construction of a new animal building for a registered feedlot within 1,000 feet of an existing residential use subject to the conditions listed in the Planner's Report with deleting Condition No. 3 and replacing it with "The operator is to install two staggered rows of coniferous trees and/or screening fence along the common property line of the two lots within 1,000 feet of the subject building to the southwest, subject to approval of City Staff. Seconded by Commissioner Thompson. All in favor. Motion carried. 4. Any other Planning Commission Business Dan Licht said the Council approved him to do some "housekeeping changes" to the Zoning Ordinance and these will be on the June 17`h Planning Commission Meeting. A. Update on Council actions by CM Heidner. CM Wendel went over the recent Groundbreaking Ceremony for Blackwoods Restaurant at the Waterfront Development. 5. Adjournment by 10 PM. Commissioner Moonen motioned to adjourn. Seconded by Commissioner Mbanefo. All in favor. Motion carried. Meeting adjourned at 8:35 PM. Richard Nichols, Chair ATTEST: Judy Hudson, Zoning Adm/Clerk