Planning Commission

PLANNING COMMISSION Regular Meeting September 28, 2015 Page 1 of 9 Presiding Official: Chairman John Zimmerman called to order the regular meeting of the Planning Commission at 6:00 on September 28, 2015 at 515 2nd Avenue SW. Presiding Official: Chairman John Zimmerman Secretary: Steven J. Borjeson Members in Attendance: Chairman John Zimmerman, Wallace Berning, Ryan Conklin, Jon Hanson, Larry Holbach, Todd Koop, Kevin Mehrer, Tyler Neether, Todd Wegenast, Bob Wetzler, Brenden Howe Members Absent: Vice-chair Pam Karpenko, Travis Zablotney City Staff Present: Donna Bye, City Planner; Sybil Tetteh, Asst. City Planner; Steve Borjeson, Planning Technician; Kelly Hendershot, City Attorney; Lee Staab, City Manager; Lance Meyer, City Engineer; Jacqueline Aucker, Assistant City Engineer; Mitch Flanagan, Building Official; Dan Jonasson, Public Works Director; Brian Andersen, Fire Marshal; Jason Olson, Police Chief; Bob Lindee, Public Information Officer Others Present: Bruce Stroklund, Rolly Ackerman, Steven Velk, Edmund Polniaszek, Rachael Williamson, Tyler Bakke, David Gowan, and others Meeting Called to order by Chairman John Zimmerman Approval of August 31, 2015 Regular Meeting Minutes Motion by Holbach, second by Koop, to approve the 8/31/2015 Regular Meeting Minutes, and was carried by the following roll call votes: ayes: John Zimmerman, Wallace Berning, Ryan Conklin, Jon Hanson, Larry Holbach, Todd Koop, Kevin Mehrer, Todd Wegenast, Tyler Neether, Bob Wetzler Motion passed RECOMMENDATIONS Consent List: Agenda Items #2, #5, and #7 be passed on consent. Motion by Neether, second by Koop, to approve Agenda Items #2, #5, and #7, with findings of fact, be passed on consent and was carried by the following roll call votes: ayes: John Zimmerman, Wallace Berning, Ryan Conklin, Jon Hanson, Larry Holbach, Todd Koop, Kevin Mehrer, Todd Wegenast, Tyler Neether, Bob Wetzler Motion passed 1|Page PLANNING COMMISSION Regular Meeting September 28, 2015 Page 2 of 9 Request to move Item #9 to the front of the agenda Motion by Wetzler, second by Koop, to approve moving Item #9 to the front of the agenda was carried by the following roll call votes: ayes: John Zimmerman, Wallace Berning, Ryan Conklin, Jon Hanson, Larry Holbach, Brenden Howe, Todd Koop, Kevin Mehrer, Todd, Tyler Neether, Wegenast, Bob Wetzler Motion passed Item # 9: The Planning Commission held a request by David Gowan for a variance to the front yard setback from the required 25’ to approximately 14’6” on 5th Ave NW to allow for the construction of a new house on West Minot Addition, South 50’ of Lot 4, Block 17. This property is located at 501 11th St NW. Finding of Facts: 1. Subject property is zoned R1, Single-Family Residential. 2. Variance can be granted based on shallowness or shape of the lot and property right enjoyed by others. 3. Granting of the variance can be done without substantial detriment to the public good and without impairing the general purpose and intent of the comprehensive plan. Conditions: 1. Relinquishing the right-of-way access and the removal of the existing driveway along 5th Ave SW, if side loading garage is proposed. A right-of-way permit from the city and restoration of the boulevard would be required. 2. Sidewalks will need to be repaired if damaged to meet code. 3. Public Utility Fees will be required. Discussion:  Donna Bye, City Planner, stated that an opposition to the request was received late in the day.  David Gowan, applicant, addressed the Planning Commission. He explained the plan was to move an existing home Performance Homes currently has on another property to be placed onto the requested site. Both the house and lot would be owned by Performance Homes for the purpose of selling the property. All funds from the sale would go to People’s State Bank because Performance Homes is currently under foreclosure and this is part of the liquidation process.  Tyler Bakke, McGee Law Firm, represented Kaylon and Joanna Faul. They hold two seats on the board of directors and Joanna owns 51% of the shares of Performance Homes. He stated David Gowan is only a 49% shareholder, is not an officer or director, and he does not have the authority to act on behalf of Performance Homes. Kaylon and Joanna Faul would have the authority to approve the move, but are not in favor of the project and object to the variance request. People’s State Bank has begun foreclosure of their security interests but no response has yet been filed from 2|Page PLANNING COMMISSION Regular Meeting September 28, 2015 Page 3 of 9 Performance Homes. The bank does not have the authority to move on the property as of yet. The action has just been started.  Donna Bye, City Planner, asked if Mr. Gowan could verify if the proposed home is of modular construction or manufactured.  Mr. Gowan stated it would be a concrete crawl space with a double wide placed on top of it. If the request is turned down he stated he “doesn’t care” and is only trying to help. He also confirmed that he feels he does in fact have the authority. Agreed to the holding of the request for one month. Motion by Wetzler, second by Neether, to hold the request for a variance for one month was carried by the following roll call votes: ayes: John Zimmerman, Wallace Berning, Ryan Conklin, Jon Hanson, Larry Holbach, Brenden Howe, Todd Koop, Kevin Mehrer, Todd Wegenast, Tyler Neether, Bob Wetzler Motion held Item # 1: The Planning Commission approved a request by Edmund Polniaszek for a variance to continue and expand a non-conforming use to allow an existing residential property on a C2 (General Commercial) lot and to add a 30 x 30 garage for storage on Bridgeview Park Addition, Lot 7. This property is located at 501 50th St SW. Finding of Facts: 1. The property is currently zoned C2 (General Commercial). 2. The property is currently a legal nonconforming property and no such nonconforming use of land shall be in any way expanded or extended, either on the same or adjoining property. 3. No apparent hardship was found for the staff to support the granting of a variance. 4. The requested variance is not in compliance with the Comprehensive Plan. Discussion: Edmund Polniaszek stated he bought the house in 1982 in a commercial district and built a house on it in 1984. He wishes to construct a building for his 5th wheel camper. Motion by Wegenast, second by Holbach, to deny a request for variance based on staff recommendations and findings of fact failed by the following roll call votes: ayes: John Zimmerman, Jon Hanson, Larry Holbach, Bob Wetzler, Todd Wegenast. nays: Wallace Berning, Ryan Conklin, Brenden Howe, Todd Koop, Kevin Mehrer, Tyler Neether. Motion to deny failed. Motion by Koop, second by Meher, to approve the request for a variance based on property right enjoyed by others and can be granted without substantial detriment to the public good passed by the following roll call votes: ayes: Wallace Berning, Ryan Conklin, Brenden Howe, Todd Koop, Kevin Mehrer, Tyler Neether, Todd Wegenast. 3|Page PLANNING COMMISSION Regular Meeting September 28, 2015 Page 4 of 9 nays: John Zimmerman, Jon Hanson, Larry Holbach, Bob Wetzler. Motion passed Item # 2: That the City Council pass a motion to approve a request by Curt Latendresse to subdivide Outlot 43, Section 4-154-82 into two lots to be known as Faith Hills, Lot 1& 2, for the purpose of selling a home. This property is located at 4821 42nd St SE. Finding of Facts: 1. Subject property is zoned RA, Agricultural Residence. 2. Proposed subdivision meets requirements for RA zoning district. Discussion: Item on Consent List Motion passed Item # 3: The applicant, RTB Consulting, LLC, represented by Steven Velk, withdrew the portion of the request to subdivide Prairie Green 24th Addition. The Planning Commission held a request by RTB Consulting, LLC, represented by Steven Velk, for a variance to the rear yard setback from the required 25’ to approximately 6.5’ and for a variance to the front yard setback from the required 25’ to approximately 20’ along an access easement on proposed Prairie Green 24th Addition, Lot 1A and 1B. This property is located at the corner of Eisenhower Dr. (private drive) & 10th St SW. Finding of Facts: 1. Subject property is zoned R2, Two-Family District. 2. The request for subdivision meets the general intent of the R2 zoning district but existing conditions do not warrant supporting it. 3. When alternatives exist to meet the goal of the application, staff affirms no hardship exists and therefore, there are no hardships with the application to granting a variance. 4. Granting of the variance cannot be done without substantial detriment to the public good and without impairing the general purpose and intent of the comprehensive plan. Conditions: 1. Sidewalks will be required. 2. Public Utility Fees will be required if approved. Discussion: 4|Page PLANNING COMMISSION Regular Meeting September 28, 2015 Page 5 of 9 Steven Velk, applicant, withdrew the request for subdivision and presented the remainder of the project to the Planning Commission. The remaining building request would be the same or similar building footprint and would request a 10’ variance to the rear of the property (west property line). He is proposing a duplex instead of a townhouse. Donna Bye, City Planner, asked is there currently an access agreement across this property or would one need to be created? Steven Velk, “one would need to be created... an agreement with the seller to the purchase is pending a building permit and speaks to three things; a maintenance agreement for the drive known as Eisenhower would be assigned, an access easement for the drive known as Eisenhower, and that the 10’ variance from the 25’setback off the west property line is acceptable and all of those item would currently be in place. “ Sybil Tetteh, Assistant City Planner, stated concerns about the lack of a yard for any prospective twin- home on the site due to the access agreement on the site and presence of a private road. Steven Velk stated the request for a twin home was removed and there is a large side yard. Public utilities would be connected on 10th St SW. Donna Bye, City Planner, asked how future utilities would be assured if they are not already there. Rolly Ackerman, Ackerman Surveying and Assoc., this is the remainder of the block and all the utilities remained under the same plat as the original plat so it would legally be within there. Bruce Stroklund, neighbor to the north, voiced issue on consistency. Noted denied requests he had requested five years earlier and was concerned about traffic safety issues, access for first responders along Eisenhower Dr. and easement access for Verendrye. Steven Velk intends to improve the area, not cause any problems. He stated, “The building meets code except the 10’ requested variance. Traffic is limited through Eisenhower and it is a private drive and has no city oversite.” Lance Meyer, City Engineer, will require the water and sewer service to come off of 10th St SW. City would like to find the exact location of the sewer main. It is a private utility so the City does not know the exact location. Steven Velk, expressed time of year concerns for holding an additional month. Motion by Wegenast, second by Koop, to hold the request for a variance in order to gain additional details and was carried by the following roll call votes: ayes: John Zimmerman, Wallace Berning, Ryan Conklin, Jon Hanson, Larry Holbach, Brenden Howe, Todd Koop, Kevin Mehrer, Todd Wegenast, Tyler Neether, Bob Wetzler. Motion held. 5|Page PLANNING COMMISSION Regular Meeting September 28, 2015 Page 6 of 9 Item #4: Withdrawn by applicants request Item #5: That the City Council pass a motion to approve a request by Craig Saugstad represented by Norman Sollid, to subdivide NESE Less Outlot 14, 26, 32, 33 and NWNESE Section 33-155-82 into two lots to be known as Saugstad Addition, Lot 1 & 2. Also, that City Council introduce an ordinance on first reading to approve the change the zone from AG (Agricultural) District to RA (Agricultural Residential) District on proposed Saugstad Addition, Lots 1 & 2 for the purpose of selling the property. This property is located at 3210 55th St SE. Finding of Facts: 1. The property is currently zoned AG. 2. Rezoning is required due to the proposed size of the subdivided lots. 3. Proposed subdivision meets all zoning regulation regulations. 4. Proposed zone change will remain consistent with use in the comprehensive plan. Conditions: 1. Prior to the issuance or any building permits a geotechnical report must be provided. The location of any right-of-way access points be approved by the county engineer. Discussion: Item on Consent List Motion passed Item # 6: That the City Council pass a resolution to approve a request by J & A Ryan, LLC; represented by Sean Weeks, Ackerman – Estvold for a conditional use permit to allow the a Nissan dealership for the sale of cars in a C2 (General Commercial) District on Thompson’s 7th Addition, Lots 1-4. This property is located at 3913 S Broadway. Finding of Facts: 1. The property is zoned C2. 2. Section 11-4 a), the requested use is allowed with a conditional use permit. 3. Section 23-1. Off-street parking requirements can be met on the property. 6|Page PLANNING COMMISSION Regular Meeting September 28, 2015 Page 7 of 9 4. Section 30-3 a) and d) Intent of land use and the required information for Planning Commission consideration of the zoning ordinance have been met. Conditions (if approved): 1. A buffer area and screening will need to be installed per city ordinance along the east side of the lots to buffer it from the less intensive residential district. 2. Off-street parking requirements per Section 23-1 must be met and parking spots properly marked with ADA regulations met. 3. No part of the public right-of-way shall be used for the parking, display of automobiles, or encroached upon in any manner. Discussion: Rolly Ackerman, Ackerman Surveying and Assoc., was in agreement with staff findings and facts and conditions. Rachelle Williamson, neighbor to the east, is concerned the setback off 39th Ave SW shows a 10’setback for the south side but nothing for the north side. Cars are parked in the ditch currently. She would like something in the drawings to address the north side safety buffer. Also, she addressed snow removal concerns. Donna Bye, City Planner, stated that staff had noted the conditions during the writing of the report and would not allow it to continue through construction. Rachelle Williamson questioned the type of buffer along the east. Donna Bye, City Planner, would need to verify with the ordinance but the required buffer could include 20’ of vegetation or a 10’ buffer with a row of trees or a fence with a row of trees. There is an alley to the east which means a 6’ privacy fence would meet the required minimum buffering but would need to review the site plan for verification. It is not an adjoining property. Rachelle Williamson raised concerns about sidewalks and truck traffic. Lance Meyer, City Engineer, stated the current neighborhood roadway is built as a rural section and bringing it to urban standards is more difficult than one might think. Motion by Wegenast, second by Berning, to approve a conditional use permit, with staff findings of facts and conditions, was carried by the following roll call votes: ayes: John Zimmerman, Wallace Berning, Ryan Conklin, Jon Hanson, Larry Holbach, Brenden Howe, Todd Koop, Kevin Mehrer, Todd Wegenast, Tyler Neether, Bob Wetzler. Motion passed Item # 7: 7|Page PLANNING COMMISSION Regular Meeting September 28, 2015 Page 8 of 9 That City Council introduce an ordinance on request by Trinity Health, represented by Dave Kohlman, on first reading to annex into city limits an unplatted portion of the E½SE¼NW¼ and W½SW¼ NE¼, Section 3-154-83. This property is located east of Crossing St NW and south of 37th Ave SW. Finding of Facts: 1. The subject property is zoned AG (Agricultural) 2. Unplatted Portion of the E½ SE¼ NW ¼ & unplatted portion of the W½ SW¼ NE ¼ of Section 3-154-83 are currently outside City boundaries. 3. Public land dedication will be required. 4. The proposed subdivision meets requirements for AG district. 5. Benefits for annexation are provided to the property owner and City. 6. Section 28-4: a master plan will be required for any development of ten (10) acres. Conditions: 1. The Future Land Use Map Amendment with a zone change will be required for future development. 2. Crossing St must be extended through the plat to the east line before construction can be approved. Discussion: Item on Consent List Motion passed Item # 8: That the City Council pass a motion to approve a request by Trinity Health, represented by Dave Kohlman, to subdivide an unplatted portion of the E½SE¼NW¼ and W½SW¼ NE¼, Section 3-154-83 into one lot to be known as Trinity Health 2ND Addition, Lot 1. Finding of Facts: 1. The subject property is zoned AG (Agricultural) 2. Unplatted Portion of the E½ SE¼ NW ¼ & unplatted portion of the W½ SW¼ NE ¼ of Section 3-154-83 are currently outside City boundaries. 3. Public land dedication will be required. 4. The proposed subdivision meets requirements for AG district. 5. Benefits for annexation are provided to the property owner and City. 6. Section 28-4: a master plan will be required for any development of ten (10) acres. Conditions: 1. The Future Land Use Map Amendment with a zone change will be required for future development. 2. The applicant, Trinity Health, will work with the Engineering Department to determine how additional ROW through the lot can connect to 16th St SW. This will be worked out through the required master plan and platted in the future. Discussion: 8|Page PLANNING COMMISSION Regular Meeting September 28, 2015 Page 9 of 9 Rolly Ackerman, Ackerman Surveying and Assoc., would like a consideration of the approval of the July 27, 2015 Planning Commission meeting conditions and findings of facts. The difference is condition #2 is worded Trinity would like to work with the City on a development of the master plan and the east/west corridor with access to 16th St. He is asking for same approval as last time. Lance Meyer, City Engineer, it is fine as long as the City can work through the master plan with Trinity. Motion by Wegenast, second by Holbach, amended by Neether, to approve with staff findings of fact and conditions, with the condition Trinity be allowed to work with the City on the master plan and the east/west corridor to 16th St., passed and was carried by the following roll call votes: ayes: John Zimmerman, Wallace Berning, Ryan Conklin, Jon Hanson, Larry Holbach, Brenden Howe, Todd Koop, Kevin Mehrer, Todd Wegenast, Tyler Neether, Bob Wetzler Motion passed Meeting adjourned 9|Page