STATED MEETING OF THE CITY OF NISSWA PLANNING COMMISSION/BOARD OF ADJUSTMENT MEETING TUESDAY, NOVEMBER 10, :00 AM

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1 MINUTES STATED MEETING OF THE CITY OF NISSWA PLANNING COMMISSION/BOARD OF ADJUSTMENT MEETING TUESDAY, NOVEMBER 10, :00 AM MEMBERS PRESENT: WOODY HAECKER, DON JACOBSON, JIM SWANSON, PETER MANN, TOM GROEN, RICK ROBERTS MEMBERS ABSENT: ANN BEAVER STAFF PRESENT: MARK HALLAN, BRENT JONES, MAGGI WENTLER APPROVE MINUTES FROM THE OCTOBER 13, 2015 PLANNING COMMISSION MEETING PUBLIC HEARINGS: (Published in the Echo Journal November 5, 2015 & Notice was mailed to all property owners within 350 feet & the affected state agencies.) - GULL LAKE DRIFTERS IUP - APPROVED OPEN FORUM: -MIKE TURNER NEW BUSINESS: -LIZ MARTIN - METES & BOUNDS SUBDIVISION - APPROVED -SET PLANNING COMMISSION MEETING DATES FOR 2016 APPROVED OLD BUSINESS: - JOLLS EXTERIOR STORAGE VIOLATION DISCUSSION PLANNING & ZONING ADMINISTRATOR S REPORT ADJOURN REGULAR MEETING Groen calls the meeting to order at 8:00 AM. Planning Commission/Board of Adjustment Meeting November 10,

2 TOUR OF PROPERTIES ADDITIONS OR DELETIONS MOTION by Jacobson, supported by Roberts to approve the agenda as presented. All members voting Aye, motion carries. APPROVE THE MINUTES OF THE OCTOBER 13, 2015 PLANNING COMMISSION MEETING MOTION by Jacobson, supported by Haecker to approve the minutes of the October 13, All members voting Aye, except Roberts who abstained, motion carries. PUBLIC HEARINGS INTERIM USE PERMIT APPLICATION : TO INSTALL AN 8 X 4 (32 SQUARE FEET) WALL SIGN PROERTY LOCATED AT 5441 COUNTY ROAD 18 PROPERTY OWNER/APPLICANT: GULL LAKE DRIFTERS - JOHN TERWILLIGER (PRESENT) Terwilliger stated they would like to put up this sign to promote the snowmobile club and for people to help find the building. Haecker stated that the application states no lighting, but one of the recommended conditions states downcast lighting. Jones states that they had talked about adding lighting in the future. MOTION by Jacobson seconded by Haecker to approve this IUP application at 5441 County Road 18 to install an 8 x 4 (32 square feet) wall sign with the following conditions: 1. Sign must be removed when the business ends or moves to a different location. 2. Only downcast lighting is allowed. Findings of Fact: 1. The subject property is located at 5441 County Road The subject property is zoned Central Business District (CBD). 3. The interim use permit request is to install one 8 x4 (32 square feet) wall sign on the wall facing north. 4. The request is under the maximum size allowed (39.3 square feet) by 7.3 square feet. 5. The use and enjoyment of property in the immediate vicinity will not be impaired by the proposed use. 6. The future development of vacant property adjacent to the subject property will not be impeded with the development of the subject property. 7. The request for signage will not have an impact on drainage, utilities or access to Planning Commission/Board of Adjustment Meeting November 10,

3 the property. 8. The request for signage does not have an impact on off-street parking. 9. Adequate measures have or will be taken to ensure the proposed use does not create a nuisance. The use will not be a disturbance to neighboring properties. 10. The signage will not depreciate property values within the immediate vicinity of the subject property. 11. The signage will not create an inordinate amount of traffic that will impact local, county or state road systems. 12. The commercial use of the property is in conformance with the Comprehensive Plan. All members voting Aye, motion carries. OPEN FORUM -MARK TURNER - Turner is looking to purchase the MN Power Building off of Hazelwood and Hwy 371. He is looking to put a towing business on this property. He is looking to see if this would be conforming or if a CUP would be needed and if the commission thinks this would work out before he purchases this property. This would be an impound lot with some repairs. Most of the vehicles would be stored inside the fenced in area. The Planning Commission agrees that a CUP would be needed to move forward with this new business, with the information that was provided today. Roberts would like to see the current CUP for the property if Turner came in for a CUP in the future. Some of the items discussed that the commission would like to see on the CUP application are; screening of the property, like to see how leaky materials from vehicles will be contained, survey with 2ft. contours, possibly a limit the amount of cars, no street parking by employees or impounded vehicles, lighting, and the noise impact to surrounding residents and businesses. Turner stated that most vehicles will be gone within 55 days. This property will not be a junk yard. Turner stated that his towing vehicles would not be loud; traffic from the highway will be louder than any of his vehicles. There is no access directly to the highway. He will need to access the highway from Hazelwood Drive. Turner stated he has done Phase I, which looked at the history of the property and looked for possible issues. They did come back and found some staining on the ground where the power poles were laying. Turner is looking to do Phase II as will, which will included drilling and soil samples. Turner stated that the septic system on the property is nonconforming. He also noted that most of the smashed cars towed on to the property will have had all the fluids leak out on the road before it gets to the property. Turner has no plans of having a guard dog on the property. Peter questioned if this property would be connected to city sewer. Jones stated he talked with Tom Blomer (Public Works Director) and at this time there are no current plans for expanding to this property. NEW BUSINESS LIZ MARTIN METES & BOUNDS SUBDIVISION DEBBIE HUBERT (PRESENT) Planning Commission/Board of Adjustment Meeting November 10,

4 Roberts noted one correction on #4 of the finding of facts last sentence should state Tract A is a conforming parcel. Jacobson questioned if the right-of-way on Tract A is correct, 33 ft. from the center of the road. We want to make sure this is correct as the road is very narrow. Groen suggested putting a condition stating the right-of-way must meet ordinance standards. MOTION by Roberts seconded by Jacobson to approve this Metes & Bounds Subdivision located at PID AYB009 as presented on the survey dated 12/2/2014, with the change to #4 of the Findings of Fact, with the following condition: 1. That the right-of-way must meet or exceed the requirements within the ordinance. Findings of Fact: 1. The property located at PID: AYB009 is currently described as: PT OF SE1/4 OF SE1/4 DESC: BEG AT NE COR OF SD SESE THEN S 2D 7'11" E NAD 1983/1996 HARN ADJ ALG E LINE OF SD SESE A DIST OF FT TO S LINE OF N FT OF SD SESE THEN S 89D40'36" W ALG SD S LINE A DIST OF FT TO W LINE OF E FT OF SD SESE THEN N 2D 7'11" W ALG SD W LINE A DIST OF FT TO N LINE OF SD SESE THEN N 89D 40'36" E ALG SD N LINE A DIST OF FT TO POB. SUBJ TO & TOG/W ESMNTS OF REC. 2. The subject property is zoned Shoreland Residential and is a non-riparian lot. 3. The certificate of survey and legal descriptions of Tract A and Tract B have been prepared by a registered land surveyor. 4. Proposed Tract A does not contain any structures, is 2.65 acres and meets the requirements of the Shoreland Residential Zone. Tract A is a conforming parcel. 5. Proposed Tract B does not contain any structures, is 2.64 acres and meets the requirements of the Shoreland Residential Zone. Tract B is a conforming parcel. 6. Tract A and Tract B have adequate frontage along Camp Lincoln Road. 7. The comprehensive plan identifies the subject property as Shoreline Residential. The subdivision is in conformance with the comprehensive plan. All members voting Aye, motion carried. SET PLANNING COMMISSION MEETING DATES FOR 2016 From what is presented today there are 3 dates that need to be moved due to conflicting events; June 14 th, August 9 th, and November 8 th. The commission agrees to change these 3 months to June 7 th, August 8 th, and November 7 th. Groen made a note that January he and Beaver will be gone, so someone will need to chair the meeting. MOTION by Jacobson, seconded by Swanson to approve the Planning Commission meeting dates for 2016 as amended. All members voting Aye motion carried. Planning Commission/Board of Adjustment Meeting November 10,

5 OLD BUSINESS JOLLS EXTERIOR STORAGE VIOLATION - DISCUSSION Jones stated that the ordinance states that if a vehicle is not licensed or inoperable it is in violation. The wood splitter, ladder, tire, wheelbarrow and the cinder blocks are also in violation. Jones stated that he had the City Attorney look into this and he found that this property has a medical lien on it already. The Planning Commission agreed that a letter should be sent certified mail to include this information: - A list of the misc. items to be moved behind the fence. - The orange truck needs to be licensed and shown that it runs or must be moved in a building. - They must comply with all of these items within 30 days or they will be charged $100 per week until all items have been cleaned up. PLANNING & ZONING ADMINISTRATOR UPDATE Jones review reports. Jacobson stated that Gull Dam Brewery has a flashing sign now and questioned how the sign ordinance was coming along. Jones stated hopefully in a couple months they will have a draft ready for the Planning Commission to review. Jones has reported that the city attorney said there are no particular rules as to whether or not questions not directly related to the application can be addressed with the applicant. Thus it is permissible for the planning commission members to ask about and possibly require the applicant to include desired items not directly related to part of the application. -PERMITS -CORRESPONDENCE -INSPECTIONS -VIOLATIONS MOTION by Mann, seconded by Haecker to adjourn. All members voting Aye motion carried. MEETING ADJOURED AT 10:45 AM. Respectfully submitted, Maggi Wentler, Deputy Clerk Planning Commission/Board of Adjustment Meeting November 10,