OAK GROVE PLANNING COMMISSION
Regular Meeting
July 21, 2016
Chairperson Smith called the Regular Meeting of the Oak Grove Planning Commission to order at 7:00 p.m. on Thursday, July 21, 2016. Roll call was taken.
Present: Bill Smith
Wayne Lee
Weston Rolf
Patrick Marier
Paul Tradewell
Absent: Stacie Urban
Kevin Robinson
Also Present: Dallas Larson, Interim Administrator
Dan Denno, City Council Member
Sherry Fiskewold, City Clerk
APPROVAL OF MINUTES
MOTION: Commissioner Rolf moved, second by Commissioner Marier to approve the June 9, 2016 minutes as submitted. Motion carried with Commissioners Lee and Tradewell abstaining (3-0-2).
Chairperson Smith reviewed the advisory role of the Commission.
CONTINUED PUBLIC HEARING – KRISTIAN OLSON, BUELL CONSULTING, INC – CUP FOR TELECOMMUNICATIONS FACILITY
Chairperson Smith read the public notice to consider a Conditional Use Permit for Kristian Olson of Buell Consulting Inc. to construct an Eco-Site Telecommunications Facility located on the following legally described property: the NE ¼ of the NW ¼ of Section 23, Twp 33, Rge 24 further described by PID #23-33-24-21-0001.
Additional Exhibits were reviewed and are on file: there were additional Exhibits submitted by the applicant as well as a letter from Guggenberger Appraisal Services – please see file for numbering of Exhibits. Interim Administrator preferred exhibits submitted at the meeting to be labeled P for public and then a number – 13 Exhibits plus 4 from the public from the last meeting.
Interim Administrator Larson stated that this application qualifies to receive a Conditional Use Permit with all documentation sufficiently submitted.
Kristian Olson, Buell Consulting Inc., provided a brief powerpoint of the additional information submitted. The alternate location that he was asked to consider is not viable because of the proximity to wetlands and would have access restrictions. Photo simulations of the views of the proposed tower from the right-of-way as well as from the neighboring property were included in the powerpoint. According to Fire Chief Hallermann the emergency vehicle access needs to be free of tree branches, 20 feet wide, a larger turnaround and an emergency contact # must be provided on the facility. According to the research of Guggenberger Appraisal Services the proposed location of the cell tower should have no impact on the market value of surrounding properties.
A Commissioner suggested moving the tower 200 feet to the North to minimize the impact to the neighboring property owners. Kristian Olson responded that at the current site no trees would have to be removed, there would be no impact to wetlands and is 428 feet from the property line. The option of moving it 200 feet to the north would include the removal of trees and is closer to the wetlands.
Robert Funk was concerned with the impact to his drainfield and the removal of over 100 trees.
Public comment
Doug Burman, 1470 205th Ave NW, stated that he has come to terms with accepting a cell tower in proximity of his property but with the proposed location the tower will be viewed from every window of his home he urged consideration of moving it 200 feet to the north which would place it closer to the Funk’s home. He agreed that he would remove the trees and prep the zone at his expense to move it a little further to the north which would lessen the impact on his property. He submitted pictures of the view out of the windows of his home as well as an opinion letter from a realtor regarding property values for review.
Roger Funk stated he owned the property prior to Robert owning it. He believed moving it north would impact the wetlands and would not meet the setbacks.
Jim Burman, 20420 Cedar Dr NW, stated that the proposed property is zoned Agricultural but has not produced agricultural income so did not see why it was zoned agricultural. Interim Administrator Larson advised that there is no pre-requisite for Ag properties to be Ag producing.
Chairperson Smith closed the public comment portion of the hearing.
Interim Administrator clarified that the wetland setback is 25 feet.
MOTION: Commissoner Rolf moved, second by Commissioner Tradewell to table this item based on the Findings including the 14 Exhibits and public input to the August 18, 2016 meeting to give the applicant time to investigate the option of moving the proposed cell tower 200 feet to the north and yet meet all required setbacks. Motion carried 4-1 (Chair Smith voting NO).
PUBLIC HEARING – WADE DESLAURIES – INTERIM USE PERMIT
Chairperson Smith read the public notice to consider an Interim Use Permit for Wade Deslauries, 80 200th Ave NW, to operate an auto repair business out of his home legally described as Lot 2, Block 1, Swan Lake Estates further described by PID #24-33-24-41-0002.
The following Exhibits were reviewed and are on file: Exhibit # - location map; Exhibit #2 – description submitted by applicant; Exhibit #3 – Aerial photograph of the subject site; Exhibit #4 – Zoomed out aerial; Exhibit #5 – pictures from site; Exhibit #6- driveway and parking plan; Exhibit #7 – staff memo including the findings.
Interim Administrator Larson stated that the application falls within the requirements for an Interim Use Permit. Findings and recommendations are included in the memo.
Wade Deslauries stated that he works full time for a commercial auto repair shop so is well aware of the environmental requirements. He is hoping to fill the void to help the community with auto repair needs since another home business repair shop recently moved out of the area. He would lease a building if his business grows. He understands the conditions.
Public comment – None. Chairperson Smith closed the public comment portion of the hearing.
The Commission addressed their concerns/issues. Wade Deslauries pointed out that the staff recommendation allows up to 8 customers per day. He proposes to put up a sign which would meet the city code. The driveway surface will be finished.
The Findings were reviewed: 1) The subject site is zoned Single Family Residential (SFR). 2) The subject property is 2.0 acres according to Anoka County. 3) Kelsey V Wallskog and Wade DesLauriers are owners of the subject property. 4) Section 109-96 (d) (15) of the City Code identifies home occupations as a conditional/interim use in the SFR District. 5) Section 109-195 (c) (1) of the City Code requires an interim use permit for home occupations which exceed any of the standards listed under Chapter 109-195 (b). Applicant’s proposal exceeds standard number one (1) of the above mentioned section of the City Code and therefore requires an Interim Use Permit. 6) Seven Exhibits were reviewed and are on file. 7) There are no complaints on file at City Hall or the Anoka County Sheriff’s Office regarding automobile repair at the proposed site. 8) The proposal meets the eleven criteria of the City Code for issuance of an interim use permit.
MOTION: Commissioner Rolf moved, second by Commissioner Marier that based on the Findings and the seven conditions the Planning Commission recommends to the City Council approval of the Interim Use Permit for Wade Deslauriers, 80 200th Ave NW, to operate an auto repair business out of the following legally described property: Lot 2, Block 1, Swan Lake Estates further described by PID #24-33-24-41-0002 with the appropriate signage requirements and the following conditions from staff:
1) The applicant shall abide by the statements made in his submittal received by the City on June 7, 2016, including hours of operation from Monday-Friday 4 PM to 8 PM, Saturday 8 AM to 4 PM and an average of less than 8 customers per day. 2) The Interim Use Permit is granted only to Applicant, Wade Deslauriers and expires if he moves from the site, the property is sold to someone other than him or if the business ceases to exist for six months. The permit is granted until July 1, 2018. The City Council may revoke this permit for good cause including but not limited to non-compliance with conditions of approval and the city may at any time impose additional conditions on Applicant to address unforeseen issues. Applicant may apply for a renewal of this permit upon its expiration. 3) Customer vehicles must be parked only on the parking area shown on the site plan for vehicles awaiting repair and are limited to five total vehicles at any one time. 4) The parking area and drives shall be surface with trap rock, pavement or other dust free material. Applicant shall maintain the tree screening that exists on the site. 5) Applicant shall conform to City Code requirements relating to outside employees permitted to work at the site. 6) Any vehicles missing body or engine parts shall be kept inside the building until repair is complete. 7) The applicant must allow the Fire Department to inspect the site and comply with any requirements of the Fire Department. 8) City Staff may enter onto the property and inspect the site with or without notice. 9) Any storage of hazardous waste product in excess of five gallons must have secondary containment. 10) Other than vehicles titled to the applicant, automobile sales are prohibited. 11) Exterior storage of scrap metal, tires, unlicensed or junk vehicles is prohibited. 12) Drain pans are required for any leaking vehicles. 13) The applicant must be granted and maintain a hazardous waste generators license from Anoka County or other appropriate authority. 14) The applicant must provide receipts for proper disposal of all fluids at the request of City Staff. 15) Applicant must conform to the requirements of the City Code and State Law at all times. Motion carried unanimously (5-0).
Chairperson Smith closed this public hearing.
This item will be on the July 25th City Council agenda.
PUBLIC HEARING – ROBYN ERICKSON – VARIANCE
Chairperson Smith read the public notice to consider a variance for Robyn Erickson, 21424 Lake George Dr, to construct a structure exceeding the allowed building height at the following legally described property: Lots 6 & 7, Block 7, Shady Oaks; further described by PID #10-33-24-33-0013.
The following Exhibits were reviewed and are on file: Exhibit #1 – the application; Exhibit #2 – aerial photo; Exhibit #3 – building elevation drawing.
Interim Administrator Larson explained that the applicant is proposing to construct an accessory building 22 feet high. Two findings were included in the packet one requiring the structure to be attached to the house and the other as a separate structure. The ordinance limits an accessory structure to 12 feet high.
Robyn Erickson introduced Tim Horita who is working with her on the project. The existing detached garage will be demolished and is currently 16 feet tall. Erickson had several pictures of other lake properties with similar taller garages that currently exist around the lake. The 22 feet will be significantly shorter than the primary structure once that is rebuilt. The house was built in the 1930’s and their first choice is not to attach it to the house.
Public comment – None Chairperson Smith closed the public comment portion of the hearing.
The Commission discussed the option of attaching the building to the house with a covered breezeway or porch. A Commissioner did not recognize a hardship to allow a variance. Horita stated that they propose to build a deck between the two structures so that they can shut off the heat etc. when their families are not utilizing the sleeping space in the proposed garage. The proposed garage will not block the views from neighboring properties. The property has over 100 feet of lakeshore.
The Findings were reviewed: 1) The subject property is zoned Lake George District 1 (LG-1). 2) Robyn Erickson is owner of the subject property. 3) Section 109-194 of the Oak Grove City Code sets the maximum height of accessory buildings at 12 feet. 4) Robyn Erickson proposes constructing an accessory building with a height of 22 feet. 5) Section 109-48 (a) of the Oak Grove City Code allows for the granting of variances in cases where the “property owner proposes to use the property in a reasonable manner not permitted by a zoning requirement; the plight of the landowner is due to circumstances unique to the property and not created by the landowner; and the variance, if granted, will not alter the essential character of the neighborhood.” 6) The property owners propose to use the property in a reasonable manner. 7) Three Exhibits were reviewed and are on file. 8) The lot is over 100 feet in width. 9) No homes or buildable lots located directly across the street to obstruct views.
MOTION: Commissioner Tradewell moved, second by Commissioner Rolf that based on the Findings and the three Exhibits the Planning Commission recommends to the City Council approval of the variance for Robyn Erickson, 21424 Lake George Dr, to construct an accessory building exceeding the building height at the following legally described property: Lots 6 & 7, Block 7, Shady Oaks; further described by PID #10-33-24-33-0013. Motion carried 4-1 (Commissioner Marier voted NO).
Chairperson Smith closed this public hearing.
This item will be on the July 25th Council agenda.
PUBLIC HEARING - ORDINANCE AMENDING CHAPTER 109-98
Chairperson Smith read the public notice to consider an Ordinance amending Chapter 109-98 adding Communication Towers in the General Business District (GB) as a Conditional Use.
The following Exhibits were reviewed and are on file: Exhibit #1 – draft ordinance; Exhibit #2 – zoning map; Exhibit #3 – map depicting existing and proposed T-mobile sites; Exhibit #4 – staff memo.