ALEXANDRIA PLANNING COMMISSION MINUTES

Tuesday, January 19, 2010

A regular Planning Commission meeting was called to order at 7:00 p.m. by City Planner Michael Weber.

The following members were present: Jewett, Frank, Zimny, Ryan, Senesac

The following members were absent: Parrott, Nielson

The following advisory members were present: Weber, Schoonhoven

Under the procedures established by the Commission on October 1, 1973, the minutes of the December 21, 2009 meeting were approved.

1. Election of Officers

A. Chairperson

A motion was made by Frank and seconded by Senesac to nominate Ken Ryan as Chairperson for 2010.

The motion carried by the following vote:

YES: Jewett, Frank, Zimny, Senesac

NO: None

ABSENT: Parrott, Nielson

Mr. Weber then turned the meeting over to Chairperson Ryan.

B. Vice-Chairperson

A motion was made by Senesac and seconded by Zimny to nominate Elroy Frank as Vice Chairperson for 2010.

The motion carried by the following vote:

YES: Jewett, Zimny, Ryan, Senesac

NO: None

ABSENT: Parrott, Nielson

2. Public Hearing – Subdivision Application – Bruce R. Pohlig ETAL

This application seeks to use the one-time split provisions allowed under the Subdivision Ordinance to create two conveyable parcels (one totaling 10.56 acres and the remnant totaling 32.33 acres) of land. The property is located both east and west of Iowa Street (3910 Dakota Street), in the Airport Industrial Park. (Note that the property was previously physically split by the extension of Iowa Street, but has continued to be legally described and identified as a single, contiguous parcel.) The property is legally described as “S2 SE4 NW4, SW4 SW4 NE4, N 190’ (10 Rods + 25’) of SE4 SW4 NE4, N 13 1/3 Rods of NE4 SW4, N 13 1/3 Rods of NW4 NW4 SE4 Unplatted Alexandria City, AC 42.89, Section 36, Township 128, Range 38, Douglas County, Minnesota”.

Mr. Weber reviewed the request with the Commission. The City’s subdivision ordinance, Section 11.01, Subdivision 12, authorizes an “Exception to Platting” providing the following Findings of Fact are met:

A. The parcel is unplatted property.

B. All buildings meet zoning building setbacks.

C. All accessory buildings meet maximum size requirements.

D. All created lots or parcels meet zoning land area requirements.

E. No street dedication is required.

F. Adequate street access is provided to each parcel.

G. Adequate utilities are available to service the parcels.

H. Proper utility easements are secured.

I. The original parcel has not been “split-off” after February 9, 1976.

A review of the available files indicates that all of these findings are accurate and conditions are either met or applicable.

Since it appears that this application meets or exceeds the relevant provisions of the Subdivision Ordinance, staff recommends approval as submitted of EP-10-001 based upon the Findings of Fact and subject to the conditions as noted.

Mr. Weber introduced the applicant Bruce Pohlig. Mr. Pohlig indicated his goal is to increase the City’s tax base with the sale of property later this month. In order for this transaction to occur, the purchasing party needs to have a separate parcel number assigned. They will be purchasing the property to the west of Iowa Street.

Mr. Weber indicated the land is already physically split by Iowa Street; however, when the road was constructed the land remained under one parcel number. This split will allow two separate parcel numbers.

Chairperson Ryan opened the hearing for public comment.

Hearing no comments from the public, Chairperson Ryan closed the public hearing.

A motion was made by Frank and seconded by Jewett to approve the Exception to Platting Application (EP-10-001) submitted by Bruce R. Pohlig based on the Findings of Fact and subject to the following conditions:

1. Waiver of the City’s park dedication requirements, since this is a subdivision for conveyance and the land is zoned and planned for industrial use.

The motion carried by the following vote:

YES: Jewett, Frank, Zimny, Senesac

NO: None

ABSENT: Parrott, Nielson

3. Public Hearing – Subdivision Application – Bruce R. Pohlig ETAL “Le Homme Dieu Ridge”

This application seeks to subdivide land. The property is located along the west and north sides of South Le Homme Dieu Drive (405 S Le Homme Dieu Dr NE, 401 S Le Homme Dieu Dr NE, and 114 S Le Homme Dieu Dr NE), at the southwest corner of Lake Le Homme Dieu. The property is legally described as “Lake Park H Birkhofers Outlots, Lots 1 & 2 Ex .57 AC of Lot 1, and Lake Park H Birkhofers Outlots Lot 3, and A. Sub of Blk 2 of So Addn to Browns Point Lot B Ex: W 20’, S 345.73’, & NE’ly Pt of Vac’d Rd AC .63, Section 6, Township 128, Range 37, Douglas County, Minnesota”.

Mr. Weber reviewed the request with the Commission. The subject site is zoned R-1 “Single Family Residential”. The site is presently served by a sanitary sewer main line located in South Le Homme Dieu Drive. Additional connections will be required for the newly created lots. There is a proposed sanitary sewer easement located between Lots 3 and 4, Block One. Since this property was annexed to the City on January 1, 2009 the City will be providing municipal water to the property during either the 2010 or 2011 construction season. Connection of each parcel to the water main line will be made as part of that project.

There are several existing structures on the proposed site which are non-conforming due to their encroachment on a required setback. These structures will be allowed to continue in their existing location, but the area of non-conformity cannot be enlarged or expanded.

The subdivision ordinance also requires that replats resulting in a higher density pay a cash contribution of $500 per increased residential unit. The net increase in units from this development is two (2), yielding a cash contribution for park development purposes of $1000.

CenterPoint Energy is asserting their rights to the existing location of a 6” steel natural gas line. While this matter is a private one between the owner/developer and the utility provider, it is worth noting that the location of the gas line would limit but not preclude construction on the proposed lots over which it crosses.

Since it appears this application meets or exceeds the relevant provisions of the Subdivision Ordinance, staff recommends approval of SA-10-001 subject to the conditions as noted.

Mr. Weber introduced Bruce Pohlig, property owner. Mr. Pohlig indicated that presently there are three lake lots on this property. With this subdivision application, four more lots will be added. The lot where the house is presently located will be split into two. Timing of this application needs to tie in with the City’s construction project for the water extension which will begin the first part of June.

Mr. Weber confirmed that the width of the lake lots is not being changed. The area of the lots being created exceeds the minimum requirements. Mr. Weber also handed out updated copies of correspondence received today from CenterPoint Energy. They had indicated an issue with the location of a gas line running across two of the newly created lots. They have agreed to move the gas lines in conjunction with the City’s water project.

Mr. Weber also indicated that ALASD is willing to allow the utility easement which is unusual, but makes sense since it will allow sewer connection of Lot 2, Block One without the need for an overly lengthy service line running to the south property line and connecting to the main line there.

The existing structures on the site are non-conforming. They will continue to be allowed after this replat of property even with the setback encroachments. The shed is almost in the right-of-way. If torn down they can be rebuilt to size, but cannot be expanded. Review of any drainage plans will occur when individual building permits are sought. Mr. Pohlig has indicated that no building will occur within the next twelve months. Once a permit is received, both the City Engineer and the Public Works Coordinator will review the drainage plans.

Chairperson Ryan asked if the reason for the ALASD easement is because of land locking the property.

Mr. Weber indicated the service line could be over 700 feet in length which is quite excessive. This utility does set a precedent but seems to be the most logical approach. Right now the ALASD sewer lines are daisy-chained from the west.

City Engineer, Tim Schoonhoven, confirmed that is correct. This is an odd situation, but the City is working with an old plat (1908) and an old development inherited from the County and Alexandria Township.

Chairperson Ryan opened the hearing for public comment.

Anthony Tigges, 409 South Le Homme Dieu Drive NE, asked how many lots will be created. The map he received shows only three.

Mr. Weber indicated the map Mr. Tigges is looking at shows existing circumstances. The application is proposing a total of seven lots.

Mr. Tigges asked how access will occur to Lot 2. Isn’t the road on Mr. Pohlig’s property?

Mr. Pohlig indicated yes, the road is on his property, but the City has a permanent easement across his land.

Hearing no further comments from the public, Chairperson Ryan closed the public hearing.

Commission Member Senesac asked if an additional condition needs to be placed regarding the final stubbing of the sewer.

Mr. Weber indicated that is already outlined as one of the conditions.

Mr. Weber asked Mr. Pohlig if the proposed lots not on the lake will have access rights to the lake.

Mr. Pohlig indicated they will not.

A motion was made by Senesac and seconded by Zimny to approve the Subdivision Application (SA-10-001) submitted by Bruce R. Pohlig “Le Homme Dieu Ridge” with the following conditions:

1. Payment of the park dedication fee of $1000 prior to release of the final plat for recording.

2. Connection to public utilities as per ALP/ALASD requirements. Connection charges may apply.

3. Proper evidence of title to be submitted to the City Attorney’s office at the time of final plat submittal.

The motion carried by the following vote:

YES: Jewett, Frank, Zimny, Senesac

NO: None

ABSENT: Parrott, Nielson

4. Public Hearing – Conditional Use – Paul Klimek dba KBJ Investment Partnership (Hilltop Lumber)

This application seeks a conditional use permit to allow open and outdoor display of equipment including pallet racks, forklifts and aerial equipment for sale or rental purposes. The property is located at 1405 N Nokomis NE and is legally described as: “North Nokomis Addition, Lots -13, Blk 1, AC 5.68, Section 8, Township 128, Range 37, Douglas County, Minnesota.”

Mr. Weber reviewed the request with the Commission. The application provides for the display items to be confined to the southerly portion of the parking lot (first 8-10 striped parking stalls). A future expansion denotes an additional 8-10 stalls located immediately east. Since there are no residential uses immediately adjacent to the subject area no screening is required.

According to Ordinance, Hilltop Lumber would require 89 parking spaces. In viewing the aerial photography, 44 spaces have been actually striped and 61 striped spaces are shown on the site plan. Since the Ordinance requires that outdoor display should not be permitted in parking spaces necessary to meet the minimum parking requirements of the parcel, staff recommends that the storage be relocated to the east, along the southern property line. This would also help with site distance lines at the intersection of Sunset Way and Nokomis.

Staff needs to know how many of each type of item will be displayed. The Commission may wish to set a location limit on the display permit in order to ensure adequate parking.

Since it appears this application meets or exceeds the relevant provisions of the Alexandria City Code, staff recommends approval of C-10-002 based upon the Findings of Fact and subject to the conditions as noted.

Mr. Weber introduced Brian Klimek, property owner and David Messner with Material Handling Resources, Inc. Mr. Messner has been interested in moving his business into the Alexandria area for several years. His business is to service manufacturing, distribution, and construction industries. He has looked at 18 different locations and feels this is the best location for traffic and cliental. Sales of his product relies heavily on the proper display of his items. It has already been beneficial and has brought in a considerable amount of business. Items were already displayed when he found out he needed a conditional use permit.

Chairperson Ryan clarified that 89 parking spaces are required for this property. 44 spaces are shown via the aerial shot.

Mr. Klimek indicated that not all parking spaces have been striped. If additional parking is required, Hilltop Lumber does own the property to the north and this can be designated as employee parking if needed. The currently haven’t need additional customer parking, so have been allowing their employees to park there.

Mr. Weber asked Mr. Klimek if there is room on the existing site for additional parking.

Mr. Klimek indicated there is not. However, they could also move parking east of the lot which would remain on the property.

Chairperson Ryan confirmed staff is proposing a redistribution of the display area further east on the property. He asked if the racks will remain bare or if additional product will be displayed on them.

Mr. Messner indicated the racks will remain bare; as the racks are the actual product being sold.

Chairperson Ryan asked if the scissor lifts will be elevated for display purposes or stored in a collapsed, retracted state.