City of East Bethel Planning Commission Agenda 7:00 PM Tuesday, November 28, 2017

Transcription

1 City of East Bethel Planning Commission Agenda 7:00 PM Tuesday, November 28, 2017 Item 2 AGENDA Item 7:00 PM 1.0 Call to Order 7:02 PM p Adopt Agenda 7:03 PM p Approval of Meeting Minutes October 24, 2017 Regular Meeting 7:05 PM p Second Driveway Variance/Public Hearing A request by owner Robert Saxe to add a second driveway accessing his property in an R1 district Isetta St NE, PID# Single Family Residential (R1) 7:20 PM p Sauter Commercial Park 3 rd Addition/Public Hearing A request by owner Tom Sauter to plat a one lot subdivision on property zoned Light Industrial. PID # :30 PM p Discussion regarding future variance requests: 1. Taff property on Coon Lake, PID # Shelly Beck, 4455 Viking Blvd NE, PID :00 PM 7.0 City Council 8:10 PM 8.0 Other Business 8:15 PM 9.0 Adjournment Item 2 Page 1 of 22

2 Item 3 EAST BETHEL PLANNING COMMISSION MEETING October 24, 2017 PRESENT: Chair Sherry Allenspach Glenn Terry Lou Cornicelli Sharon Johnson Tanner Balfany Lorraine Bonin ALSO PRESENT: Colleen Winter, Community Development Director Brian Mundle, City Council Liaison 1. Call to Order Chair Allenspach called meeting to order at 7:00 pm. 2. Adopt Agenda Mr. Balfany moved and Ms. Johnson seconded to approve the agenda as presented. Motion carried. 3. Approval of Minutes 4. Rob & Anna Welch Farm Animal IUP/Public Hearing Mr. Balfany moved and Mr. Terry seconded to approve the August 29, and August 22, September 26, 2017 minutes as written. Motion carried. Owner/Property Location: Anna and Robert Welch st Ave NE East Bethel, MN PIN: Anna and Robert Welch are requesting an IUP for farm animals for the keeping of two (2) miniature pot-bellied pigs on the 6.76 acre parcel they own. This property is zoned Single Family Residential (R1). The area where the proposed pen will be located is in the middle of their back yard a long way from any other residents and does not encroach on any setbacks. There is also a pen for the pigs. Chair Allenspach opened the public hearing at 7:04 pm. Hearing no comments, the public hearing was closed at 7:04 pm. Mr. Terry moved, and Ms. Johnson seconded to recommend to City Council approving an IUP for keeping two (2) miniature pot-bellied pigs for Anna and Robert Welch, located at st Ave NE, East Bethel, MN 55011, PIN with the following conditions: 1. An Interim Use Permit Agreement must be signed and executed by the applicants and the City. 2. Applicants must comply with City Code Section 10. Article V. Farm Animals and Ordinance 51, Third Series 3. Permit shall expire when: a. The property is sold, or b. The IUP expires, c. Non-compliance of IUP conditions 4. Property owner shall have thirty (30) days to remove the approved domestic farm animals upon expiration of the IUP. Item 3 Page 2 of 22

3 Planning Commission Minutes for October 24, 2017 Page 2 of 4 5. Conditions of the IUP must be met no later than December 1, IUP will not be issued until all conditions are met. Failure to meet conditions will result in the null and void of the IUP. 6. The IUP shall be for a term of three (3) years at which time the applicant will be required to re-apply for an IUP. 7. Property may be inspected and evaluated annually by city staff. Motion carried. This item will be on the next November City Council meeting agenda. 5. Review of Erryn Magnusen s Home Occupation IUP Background Information: Mr. Erryn Magnusen owns and operates Loading Dock Specialists at Quincy St NE, East Bethel, MN. The address is zoned Rural Residential and all surrounding properties are of the same designation with the exception of one which is zoned Public/Institutional. Mr. Magnusen had been operating his business for several years from this location. Based upon complaints received by the City, Mr. Magnussen was notified that he was required to have an IUP for a Home Occupation per the City s Zoning Ordinance (Appendix A, Zoning, Section 4 9, Section and Section 42-5). Mr. Magnussen applied for the IUP, which was approved for recommendation on a 4-3 vote by the Planning Commission on October 27, Since the issuance of the Interim Use Permit, Mr. Magnussen has had compliance issues with the conditions of his IUP. The conditions of the permit are outlined in Attachment 3. Mr. Magnusen s employees park their vehicles at this address but they do not appear to work at the site. In addition to the employee and personal use parking, there is a flatbed, bucket and panel truck that is parked and stored on the property. Previously there was a dumpster and scissor lift on the property, but as of the October 13, 2016 inspection, these were not on the site. The property was inspected in February and March of 2016 and the number of vehicles on site exceeded those permitted (See photos in Attachment 2). An inspection in August 2016 found that the number of vehicles on the site exceeded those allowed per City Code and the IUP. Mr. Magnussen was in compliance with the parking requirements of the IUP on October 13th. On November 9, 2016 City Staff inspected the site and observed 8 vehicles, including the flatbed, bucket and panel truck along with a contractor van. Mr. Magnussen s IUP came up for renewal in November 2016 and the City Council granted him a one-year extension to December Mr. Magnussen s property was also inspected on the following dates and the following was observed: vehicles on the property vehicles on the property vehicles on the property Item 3 Page 3 of 22

4 Planning Commission Minutes for October 24, 2017 Page 3 of vehicles (no employees, 3 at house, 3 at garage, 2 behind garage) vehicles, Sunday, no employees Mr. Magnussen has received notices from the City regarding violation of conditions of his IUP and City Staff has met with Mr. Magnussen regarding these issues. The violations of the IUP are: A continuing pattern of parking more than five vehicles on the property Employment of more than 3 people at the address Outdoor storage of equipment Generation of traffic over that normally associated with a single-family residence Detriments to the residential character of the neighborhood because of the business. Recommendation(s): Mr. Magnussen is operating outside of the boundaries of a normal IUP and Staff is recommending that the IUP not be renewed. Ms. Winter noted that the property would comply for a short period of time following notices of inspections, however, it would be out of compliance much of time. The City wants to allow residents to use their houses for home occupation businesses, however, when most of a business is not run from a home site, then it needs to be relocated in a commercial area. If the IUP is not renewed, the business will need to relocate. The nature of the business is fixing offsite loading docks. The home is used more as a parking lot for employees; not much work (from a business standpoint) is done from the residence. Often more than three people are at this place of business. Ms. Johnson moved, and Mr. Cornicelli seconded to recommend to the City Council denial of the Home Occupation IUP for Erryn Magnusen. Motion carried. This item will be on the next November City Council meeting agenda. 6. Comp Plan Update The Comp Plan update went before the City Council. Ms. Winter also presented and reviewed the Comp Plan at the Coon Lake Improvement Association annual meeting where there were good discussions regarding the Plan. The Park Commission has made its recommendations regarding requirements of the Commission and the transportation part of the Plan is about three quarters done. Regarding the two changes requested by the Planning Commission, the light industrial zone off Sandy Drive was changed to mixed use category and urban Item 3 Page 4 of 22

5 Planning Commission Minutes for October 24, 2017 Page 4 of 4 growth category. The Comp Plan will be on the November 28 th meeting agenda for more discussion. 7. City Council City Council Liaison Brian Mundle reported: TIF 1-3 Viking Preserve Project was approved, along with the Developers Agreement with a six-month time limit for signatures to be completed on the Agreement. If all goes as planned, the developer will break ground in Spring, Site Plan PUD review for the Sauter District was approved, along with a Developers Agreement; this is for the apartment complex only. TIF 1-2 was for both the apartment complex and senior living facility. There was a ribbon cutting ceremony on October 20 th opening the new service road on the west side of Hwy 65. Upcoming Events: Fall Town Hall Meeting is scheduled for November 30th at 6:00 pm. October 25 th City Council work meeting - discussion to finalize 2018 preliminary budget, commission appointments (both Ms. Allenspach and Mr. Terry voiced their desire to continue serving on the Planning Commission), revision to ordinances - mandatory connection to a City system, dangerous dogs, building codes, etc. The open Planning seat will be filled at the beginning of Other Business Ms. Winter shared the drone video that was commissioned by the Chamber of Commerce for the City of East Bethel; the same video was used at the MNCAR Expo. The tagline Rural Character / Metro Accessibility is being considered. Mr. Balfany stated surprise that Coon Lake was not included in the video. Ms. Winter noted that Coon Lake can be added to the video. The video can be edited and revised to include future/completed projects. 9. Adjourn Mr. Balfany moved and Mr. Cornicelli seconded to adjourn at 7:29 pm. Motion carried. Respectfully submitted, Gail Gessner, Recording Secretary Submitted 11/5/17 Item 3 Page 5 of 22

6 Item 4 City of East Bethel Planning Commission Agenda Information Date: November 28, 2017 Agenda Item Number: Item 4.0 Agenda Item: Property Owner/Applicant: Robert Saxe Isetta Street NE East Bethel, MN Property Location: Isetta Street NE East Bethel, MN PIN: LOT 5 BLOCK 2 KATIES WAY Zoning: R-1 Single Family Residential District Variance request To add a second driveway accessing his property in R1 zoning. Applicable Zoning Code Sections: Driveway access and standards: Appendix A, Zoning, Section 10, 15A Requested Action: Approve or deny request for a secondary driveway access in an area that only allows one driveway access due to the zoning of R1. Background Information: Mr. Robert Saxe is building a detached accessory structure on his property, for which he received a permit to do so. During the planning process, it was brought to his attention that, per code, he would not be allowed to install a driveway from the detached accessory structure to the road because his property is zoned R1. He was informed that the detached accessory structure driveway would need to merge with the primary structure driveway completely within his property before it accessed the road. Mr. Saxe has elected to apply for a variance. Mr. Robert Saxe has provided the Planning Commission with a letter stating his reasons for wanting a secondary access to the road. These reasons include aesthetics, redesigning the irrigation system, redesigning the well location, meeting the appropriate setbacks from the septic system, and also due to the fact that other houses in the neighborhood have secondary driveways. There are 3 other properties in the Katies Way neighborhood that have a secondary driveway. Only 1 of those driveways received the appropriate variance (no complaints have been made about the other two driveways). The variance requires you to look at a three-factor test: 1. Reasonableness Item 4 Page 6 of 22

7 Item 4 The first factor is that the property owner proposes to use the property in a reasonable manner. In this case, what Mr. Robert Saxe is proposing to do is a reasonable request. There are other properties in this neighborhood with the same zoning that have a secondary driveway accessing their accessory buildings. The properties in this neighborhood all have 200 feet of roadway in front and are 2 acres or larger in size. 2. Uniqueness The second factor is that the landowner s problem is due to circumstances unique to the property not caused by the landowner. Mr. Saxe would not be able to come off of the existing driveway without relocating his irrigation system and taking up the majority of his front yard. A driveway that runs parallel to his existing driveway would look better and provide direct access into the second garage. 3. Essential character The third factor is that the variance, if granted, will not alter the essential character of the locality. Mr. Robert Saxe would like to use the driveway to access a detached accessory structure that he will be building to store his vehicles, boat, etc. thus eliminating exterior storage. Many of the neighbors have detached accessory structures and in threes cases have secondary driveways for their detached garages, based on city records, staff cannot determine whether or not two of these driveways were approved. On July 12, 2017, the City Council approved the use of an existing secondary driveway for a detached structure that was being built at Isetta St NE. Attachments: 1. Variance Request Letter 2. Site Plan 3. Aerial view 4. Neighborhood view 5. Variance Findings of Facts Worksheet 6. Letters from neighbors Recommendation(s): Planning Commission needs to recommend approval or denial based on Findings of Fact for the variance. Planning Commission Action: Motion by: Second by: Vote Yes: Vote No: No Action Required: Item 4 Page 7 of 22

8 Item 4, attachment 1 Item 4, attachment 1 Page 8 of 22

9 Item 4, attachment 2 Item 4, attachment 2 Page 9 of 22

10 19213 ISETTA ST NE Item 4, attachment 3 1 in = 5,000 ft ± Item 4, attachment 3 Bryan Pittman November 20, 201 Page 10 of 22 Map Powered by DataLink from WSB & Associates

11 Item 4, attachment 4 Item 4, attachment 4 Page 11 of 22

12 Item 4, attachment 5 Item 4, attachment 5 Page 12 of 22

13 Item 4, attachment 6 Item 4, attachment 6 Page 13 of 22

14 Item 4, attachment 6 Item 4, attachment 6 Page 14 of 22

15 Item 5 City of East Bethel Planning Commission Agenda Information * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Date: November 28, 2017 Agenda Item Number: 5.0 Agenda Item: Public Hearing Concept Plan and Preliminary Plat Sauter s Commercial Park 3 rd Addition Property Owner: T&G Land Inc/Tom Sauter Address: Not assigned PIN: Zoning: Light Industrial I1 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Applicable City of East Bethel Code Sections: Chapter 66 Subdivisions, Article 2-Concept Plan Chapter 66 Subdivisions, Article 3-Preliminary Plat * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Requested Action: Concept Plan approval Preliminary Plat approval Background Information: Mr. Tom Sauter is proposing to plat two lots, Lot 1, Block 1 Sauter 3 rd addition and an Outlot. Comments: 1. All required documents as outlined in our Subdivision Ordinance Chapter 66, Article III have been submitted and are in the review and comment period. 2. Through a previous plat that included this property, Mr. Sauter submitted a Joint application and the wetland has been delineated. 3. A portion of Lot 1, Block 1 is located in the floodplain and the applicant has been advised to complete a Letter of Map amendment and submit it to FEMA as the boundaries of the FEMA map do not accurately depict the floodplain. 4. This lot will have city sewer and water access off of the new Service road that was just completed. Attachments: 1. Concept Plan/Preliminary Plat 2. Final Plat 3. Aerial photo Fiscal Impact: Unknown Item 5 Page 15 of 22

16 Item 5 Recommendation(s): Recommend approval of the Concept Plan and Preliminary Plat subject to all City staff comments. Planning Commission Action Motion by: Second by: Vote Yes: Vote No: No Action Required: Item 5 Page 16 of 22

17 Item 5, attachment 1 Item 5, attachment 1 Page 17 of 22

18 Item 5, attachment 2 Item 5, attachment 2 Page 18 of 22

19 Item 5, attachment 3 Parcel Information PIN: Acres: Owner Name: T & G LAND INC Address1: ST AVENUE NW Address2: RAMSEY, MN Site Address1: Site Address2: CEDAR, MN Zoning: R-2 Shoreland: No Legal: OUTLOT A SAUTERS COMMERCIAL PARK 2ND Item 5, attachment 3 1 in = 376 ft Bryan Pittman Page 19 of 22 ± November 22, 201 Map Powered by DataLink from WSB & Associates

20 Item 6 City of East Bethel Planning Commission Agenda Information Date: November 28, 2017 Agenda Item Number: Item 6.0 Agenda Item: Discussion about upcoming topics 1. Taff Administrative Subdivision Variance 2. Shelly Beck Farm Animal Variance Variance request: Staff is requesting that the Planning Commission have a discussion regarding two separate future variance requests. 1. A lot split of a 5 acre parcel on Coon Lake owned by Janet and Larry Taff 2. A request to reduce the amount of acreage needed for a horse pasture. Requested Action: Discussion only Attachments: 1. Taff subdivision concept 2. Beck Farm Animal letter Recommendation(s): Not applicable Planning Commission Action: Motion by: Second by: Vote Yes: Vote No: No Action Required: Item 6 Page 20 of 22

21 Item 6, attachment 1 Item 6, attachment 1 Page 21 of 22

22 Item 6, attachment 2 Item 6, attachment 2 Page 22 of 22