WRIGHT COUNTY PLANNING COMMISSION. Meeting of: August 30, M I N U T E S (Informational)

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1 WRIGHT COUNTY PLANNING COMMISSION M I N U T E S (Informational) The Wright County Planning Commission met on August 30, 2018 in the County Commissioners Board Room at the Wright County Government Center, Buffalo, Minnesota. Dan Mol, Chairman, called the meeting to order at 7:30 p.m. with all Board members present. Sean Riley, Planning & Zoning Administrator, represented the Planning & Zoning office; Greg Kryzer, Assistant County Attorney, was legal counsel present. MINUTES On a motion by Bravinder, seconded by D. Thompson, all voted to approve the minutes for the August 9, 2018 meeting as printed. Riley announced to the audience that Item #3 has asked for a continuation to October RAM EXCAVATING SERVICES, INC. To be continued until after completion of EAW LOCATION: th Street SE NE ¼ south of river, Section 1, Township 118, Range 25, Wright County, Minnesota. (Crow River - Franklin Twp.) Tax # Owner: Delano Sportsmen s Club Petitions for a Conditional Use Permit as regulated in Section , (D), (D)(3)(c) & , Chapter 155, Title XV, Land Usage & Zoning of the Wright County Code of Ordinances to allow a phased mining operation (total mined to be approximately 17 acres) and includes crushing, washing and screening. Mining will be in the flood plain. Present: Applicant not present A. Riley updated the Commission on the status of the application. The County Board elected to order an Environmental Assessment Worksheet. The Conditional Use petition is on hold pending that process. This matter should be tabled, and new notices sent out when completed. B. D. Thompson moved to table the request for a Conditional Use Permit. P. Mahlberg seconded the motion.

2 P a g e 2 2. JOSEPH F. HOLTHAUS Cont. from 7/19/18 LOCATION: TH Street NE SW ¼ of SW ¼ Section 17, Township 121, Range 25, Wright County, Minnesota. (Monticello Twp.) Tax # Petitions to rezone from AG General Agricultural to A/R Agricultural-Residential and a Conditional Use Permit for an unplatted four-lot residential subdivision (10-acre lots proposed) as regulated in Section , & , Chapter 155 & Subdivision Regulations as regulated in Chapter 154, Title XV, Land Usage & Zoning of the Wright County Code of Ordinances. Present: Joseph Holthaus A. Riley reviewed the property location and previous action to recommend approval of rezoning to A/R. The County Board of Commissioners accepted the recommendation and the property is zoned A/R. The applicant is asking for the subdivision approval and the concept plan was reviewed at the previous meeting. B. Holthaus stated the wetland delineation and soil borings were completed and submitted for the proposed lots. C. Mol opened the hearing for public comment and questions. No response. D. Felger moved to approve a conditional use permit for a four-lot unplatted subdivision in accord with the survey completed by Taylor Land Surveyors, Inc. dated 8/24/2018; File No with the following conditions: 1) According to Feedlot regulations, the new A/R parcels will be allowed ½ animal unit per acre and will not be allowed to reach 10 animal units per acre; and, any building that houses animals will need to be 100 feet from property lines; 2) If required, access permits will need to be obtained through the Township prior to construction; and 3) All Wright County Soil & Water Conservation District requirements are met for construction. Mahlberg seconded the motion.

3 P a g e 3 3. KR Schmidt FARMS, LLC Cont. from 8/9/18 LOCATION: xxxx 37th Street SE, Approximately 45.5 acres described as Part of the SE ¼, except divisions, Section 22, Township 119, Range 25, lying south of the County road, Wright County, Minnesota. (Rockford Twp.) Tax # Petitions for a Conditional Use Permit to mine approximately 27 acres of sand (estimated approx.700,000 yards) as regulated in Section , & of Chapter 155, Title XV, Land Usage & Zoning of the Wright County Code of Ordinances. Present: Applicant not present A. Riley noted the Commission had continued the item for a site inspection. The Commission visited the site on September 15. Since that time the applicant has asked for a continuation to October 11. Protocol has been the Commission does not accept testimony if one side is not represented. A waiver and request were signed by Kevin Schmidt. B. Mol asked the Commission how they want to proceed. C. Mahlberg moved to continue the hearing to October 11, 2018 at the applicant s request. J. Thompson seconded the motion. DISCUSSION: Kryzer suggested renotification would be beneficial to the neighborhood. Mahlberg amended his motion to require a renotification. J. Thompson amended her second.

4 P a g e 4 4. MICHAEL J. MERTEN New Item LOCATION: xxxx Quinn Avenue NW Part of Outlot C, Rolling Hills Lake Shore Second Addition, according to plat of record, Section 8, Township 121, Range 28, Wright County, MN. (Southside Twp.) Tax # Property owner: Kaufhold Petitions for a Conditional Use Permit as regulated in Section , & of Chapter 155, Title XV, Land Usage & Zoning of the Wright County Code of Ordinances to move in a dwelling. Present: Michael Merten A. Riley reviewed the maps to show the location in Southside Township. The zoning and land use maps show the property R-1. The proposal is to move in a dwelling. Pictures of the house to be moved in were viewed along with pictures of homes in the immediate area. A timeframe for completion should be established. B. Merten is closing on the property in about a week and plans to put in a foundation/basement with occupancy expected this November. C. Riley felt the November date might be ambitious and suggested allowing additional time. Kryzer suggested July 1, 2019 as a date of completion. D. J. Thompson questioned where the applicant plans to access the property. Merten explained his mover made arrangements to come down Highway 55 to CR 2 and then 105 th Street. The Township has been contacted. Mahlberg questioned if the driveway access has been approved by the Town Board? Merten stated yes, Quinn Avenue is where that is. E. Mol opened the hearing for public comment. Hearing no response, returned to the Commission. Mol noted the building inspector has a list of code requirements. Merten agreed to meet those and indicated he met the inspector when the house was inspected. F. Bravinder moved to approve a Conditional Use Permit to relocate a dwelling in accord with the description provided by the applicant on the record, with the following conditions: 1)That the house may not be occupied until approved by the Building Inspector; 2) Building permits are obtained for the new home; 3) All septic requirements are met prior to the certificate of occupancy being issued; 4) Access must come off of Quinn Avenue; and 5) Project completion date must be no later than August 30, J. Thompson seconded the motion.

5 P a g e 5 5. JAMIE L. & CORY T. VOIGHT New Item LOCATION: Aetna Avenue NW Part of the E ½ of SW ¼ Section 31, Township 122, Range 25 Wright County, MN. (Monticello Twp.) Property owner: Hillstrom Petitions for a Conditional Use Permit as regulated in Section , & of Chapter 155, Title XV, Land Usage & Zoning of the Wright County Code of Ordinances to locate a window tinting business in an existing shed on the property. Present: Jamie & Cory Voight A. Riley reviewed the property location and maps to show the current AG zoning and Land Use Plan designation for A/R. The two parcels are one lot for zoning purposes and ownership. The easement for access was pointed to. The Conditional Use Permit requested is for a Home Extended business to do window tinting in a shed. B. C. Voight stated he plans to use the detached garage for his business. Expects 6-8 vehicles a day to come in. These customers would come one at a time by appointment. Although there is plenty of parking available on his property, does not anticipated the need as each car would be pulled into the garage and the process takes a couple hours. C. J. Voight explained they have a purchase offer on the property contingent on getting this approval. Closing is scheduled for October 18. D. Borrell asked for an explanation of the process of the tinting. C. Voight explained this is a film that is applied. They apply to auto, architecture, marine and residential. E. Mahlberg asked for confirmation that they are not currently working from this site and if there is any need for overnight parking? J. Voight not at this location and although no overnight is expected, she pointed to a couple large parking areas, one near the attached garage and where they would park their own vehicles. C. Voight stated customers would either have their car inside the building or just outside temporarily. J. Voight added, there would not be more than one car waiting. Mahlberg questioned hours of operation. C. Voight 10 a.m. 9 p.m. J. Voight added they are also doing a lot of mobile installation or for dealerships. F. Mol explained the concern is that they are locating in a residential neighborhood and considering vehicles coming in and leaving a day. J. Voight pointed to the neighbor to the east they talked with who did not express any concern. That house is far back and noted trees that shield them. Another neighbor seems to have a business going on and noted the number of cars sitting outdoors. G. Mahlberg asked if the easement crosses someone else s property? J. Voight indicated it does not, just along a property line H. Riley asking if the business includes decales? C. Voight responded, primarily tinting. Riley noted the Town Board approves.

6 P a g e 6 I. Borrell moved to approve a conditional use permit for a Home Extended Business to allow for a window tinting business in accord with the plans and narrative held on file. Bravinder seconded the motion.

7 P a g e 7 6. ALLEN M. STEWART New Item LOCATION: County Road 75 NW Part of the N ¾ of E ½ of SE ¼, lying southerly of centerline of CR 75 and northerly of I-94, Section 2, Township 122, Range 27, Wright County, Minnesota. (Clearwater Twp.) Tax # Owner: I-94 STOR-MOR, Inc. Petitions for a Conditional Use Permit as regulated in Section & of Chapter 155, Title XV, Land Usage & Zoning of the Wright County Code of Ordinances to allow construction of a new self-storage building to be built in two phases. Phase 1 to be 40 x 204 and Phase 2, a 40 x 204 expansion to building to be added in the future. Present: Diana Burns, property manager A. Riley reviewed the property that has been before the Commission in the past. The land is zoned B-2 General Business and in a Transition area. Site plan and building schematics were displayed to show storage buildings proposed in Phase I and II. Apparently, there will be time between construction of the two buildings. Staff have no objection to allowing the second phase, so the applicant does not have to come back to the Board. B. Burns stated they are asking for approval for both. Concrete is to go in as soon as possible for the first one so they can get that building constructed right away. Next year they plan to construct the second building. These buildings provide storage for people who have large travel trailers and want indoor storage. They are trying to accommodate a high demand. C. Mol questioned if the site has enough room to maneuver these large RV s and get them into the building. Burns stated yes. The existing facilities are full. D. Hearing was opened for public comment. Hearing no response, Mol returned to the Commission for questions. E. Bravinder asked the height of the buildings. The side detail showing the elevation was viewed. Mahlberg noted this plan shows a 11.8 sidewall with 15 to the peak. F. Town Board approval was given. Burns confirmed that noting they were enthused. G. Borrell noted a 12 door does not accommodate the height of some of these RV s. Burns noted the owners has four different storage properties and some would accommodate that. H. Discussion on timeframe to allow completion. Burns felt worst case is 2 years. I. D. Thompson moved to approve a conditional use permit to construct self-storage buildings in two phases. Each phase would be 40 x 204 section of building. The 6-month commencement would be waived, first building completed by 8/30/2019; and a new hearing will not be required for the second phase if it is constructed in accord with plans submitted and on file by 8/30/2020. Building permits will be required prior to construction. Mahlberg seconded the motion.

8 P a g e 8 7. PIERRE RAISANEN New Item LOCATION: 436 Coburn Avenue NW Part of Gov t Lot 6, Section 34, Township 120, Range 26, Wright County, Minnesota. (Chatham Twp.) Tax # Petitions for a Conditional Use Permit to locate a Contractor s Yard for Stellar Trim, LLC to store material and vehicles on site for millwork business as regulated in Section (30), & (D) Chapter 155, Title XV, Land Usage & Zoning of the Wright County Code of Ordinances. Present: Pierre Raisanen A. Riley explained the matter has not been heard by the Town Board and suggests a continuation; however, asked the applicant to attend in the event there are other people in attendance for this item. B. Mol opened the hearing for public comment. C. Russell Johnson does not feel the infra-structure out here can handle the increased traffic. The terrain is hilly and road surface rough. They are already operating a business. There is noise day and night. Mol noted this is a town road and would suggest attending the next Town Board meeting to discuss the road condition so the Township can make a recommendation on whether their road can handle the use. D. D. Thompson stated he is not familiar with the location and asked if a site inspection would be helpful. Mahlberg felt if the concern is the road condition, the Town Board would be better at evaluating that, but would not object to a site inspection. E. Raisanen there is a lot of traffic on the road but is not just business related. He recently remodeled his home and there have been contractors and cement trucks coming in. His business does not have a large flow of traffic, but he will discuss this with the Town Board. F. Mahlberg asked if there is a current business operating under a CUP? Riley responded no. G. Raisanen stated Stella Trim & is his finish carpentry business. He has a small wood shop in the shed and stores his tools here. He does not build any millwork. He is contracted by custom home builders; his work is done at the job site. There maybe two or three trips to the property a week to drop off or pick up tools. Small trucks are used for his business. H. Felger asked if any of the product is delivered to his home site or just the job sites? Raisanen stated materials are ordered by the general contractor and delivered to the job site. I. In response to Mahlberg s question on what is being stored here, Raisanen stated items include his tools, meter boxes. Mol asked about parking the business trucks. Raisanen stated there is a fleet of trucks sitting in his driveway he is trying to sell after purchasing new ones. A dumpster that is sitting by the house is being used for his remodeling. J. Borrell moved to continue the hearing to September 20, 2018 for Township review. D. Thompson seconded the motion.

9 P a g e 9 8. DAVID W. MACGREGOR New Item LOCATION: TH Street NW Part of Gov t Lot 4, Section 28, Township 121, Range 28, Wright County, Minnesota. (W. Sylvia - Southside Twp.) Tax # Property owners: Applicant, Westman & Hankerson Petitions to rezone approximately 25 acres from AG General Agricultural and S-2 Residential- Recreational Shorelands to R-2 Suburban-Residential and S-2 and a Conditional Use Permit for a three-lot platted residential subdivision as regulated in Section , , & of Chapter 155, & Chapter 156, Title XV, Land Usage & Zoning of the Wright County Code of Ordinances. Present: David MacGregor A. Riley reviewed the property location on Lake Sylvia that is currently zoned AG General Agriculture and S-2. A large wetland complex that shows on the air photo is being reviewed by the Wright County Soil & Water Conservation District (SWCD). Existing lots were noted, those owners are looking at improving those parcels, however, there is no formal plan on how they want to adjust their property lines. Applicant has submitted a concept plan for three new lots and a proposed driveway that skirts the wetland. Staff are recommending a site inspection while the wetland review is taking place and final detail of the lots and the easement description. Borrell asked if the existing easement would be removed. Riley responded no, it would continue to provide an access. MacGregor added that the proposed driveway would give access to a lot on the east side to allow a home down by the lake. B. Mol asked about the topography. Riley noted the information received. The available locations to build were noted. C. Lester and Susan Breuer addressed the Commission. L. Breuer pointed to the shared driveway along the west property line. The line is down the middle of this driveway and described the relationship with the MacGregor side on maintenance that has not been cooperative in recent years. Their access along with two other neighbors on the lake use the shared driveway. Improvements are made to a certain point without their knowledge and then they have had to hire someone to complete and level off the end. They are opposed to the request unless the owners to the east provide their own driveway out to 80 th Street. D. Mahlberg questioned what the new and old driveways are. Using the concept plan and Beacon maps, the existing driveway was pointed out and the properties it serves. The new lots would get their own driveways. L. Breuer noted as can be seen on the Beacon map, access is on his property and half on the applicants. Mahlberg questioned existing easement rights, particularly the eastern most lot and whether it has access over to Pittman Avenue. L. Breuer using the map explained how access is gained. Riley indicated his understanding is that Pittman is not maintained by the Township, but is private. Bravinder confirmed with the neighbors that is shared by three different property owners. Bravinder noted this is an existing situation and he has experience with a similar one in his Township. L. Breuer their property has been in his wife s family since 1906 and there used to be contact from MacGregor, but in recent years they have not extended the same courtesy and have made some claims that they own the drive.

10 P a g e 10 E. Felger noted a survey is needed to establish the location of the private road (Pittman) and who s property it falls on. Riley agreed at some point the survey will be done, the access to the three homes referred to on the private road is there and should have legal recorded easements. The proposed driveway that must go by the wetland and up to 80 th Street is needed to access a building site near the lake on the far east lot. F. Todd MacGregor approached the Commission to note the existing lot on the lake is his seasonal home. He is working to exchange land with Dave MacGregor to improve access to the east side of the property and keep the zoning of his lot the same. His lot is zoned AG. G. Katie Gonyea agent for the applicant reported they have met with the Town Board and received approval. H. Felger questioned how many residents use the private driveway. Riley stated four parties use it to get to their homes. There are two on the MacGregor property and another one is family. I. D. MacGregor explained the adjustments might also include some land added to the existing lot in the northeast corner, noting that lot is small. He assumes new owners will want to build on the lakeside on the east side of the property. Riley noted that will be part of the process and will have to be known because the new lots will be platted. D. MacGregor has been trying to firm this up, however, the owner in the northeast corner had a medical setback and recently contacted him to pursue this. J. Mol suggested a site inspection would help see the issues and give the applicant time to formalize the sale to neighbors. D. MacGregor asked if the adjustments can be wrapped into the same process? Riley noted assuming this request is approved, a survey is needed. Borrell added, action on the rezoning would happen first and then the Commission would address the subdivision. Riley indicated the description of the adjustments would be required to exclude that area from the rezoning. The existing non-conforming lot would be adjusted before the plat. K. The information needed was summarized and includes completion of the SWCD review, signature of the property owner on the east side, legal descriptions of what is being sold to the two neighbors. Todd MacGregor indicated he has signed and given Staff a site plan. Riley the additional information is the final documents that include legal descriptions; the best way to do that is by a survey. That is where a surveyor could start. D. MacGregor agreed to complete this before the October 11 meeting. L. Borrell moved to continue the hearing to October 11, 2018 for a site inspection and further information. D. Thompson seconded the motion.

11 P a g e FINAL PLAT - HORSWELL LAKE LOTS (Applicant Jan Anderson) On a motion by Borrell, seconded by Bravinder, all voted to accept the final plat of Horswell Lake lots and authorize the Chairman s signature. 10. DISCUSSION: Riley handed out documents and Sheriff s report on complaints received on a Conditional Use issued to Norm Sudgen (Norm s Wayside) - Rockford Township. Kryzer reported the applicant has again violated the restriction on amplified guitar music played outside. Riley directed the Commission to look at Item 1 & 2, Page 1. Revocation procedures were developed by former Assistant County Attorney, Zins, and are still in effect. Riley explained this procedure gives them direction and was used a year ago for this permit. It was noted the Commission had made a site inspection at that time. Riley updated the Commission on the improvements the applicant has made to soundproof the bandshell this spring. Has talked to the owner this year, as well as his manager; and they understand the conditions. Conditions were summarized that include, no drum sets or electric instruments and noise was not to leave the property. Received complaints, supported by recordings made and a Sheriff s report. A lengthy discussion followed on the complaint about electric guitars being amplified. The location and orientation of the bandshell is a problem for one neighbor to the south. The location of the building and trees behind seem to shield neighbors in that direction. Commission discussed on whether this constitutes a substantial violation and a probable cause of a condition violation. Riley explained substantial might be different, depending on the use and gave a couple examples. The concern expressed was the owner and his manager are aware of the condition and are not taking it seriously. Riley expects if this is not considered substantial, in time there will be a second and third violation. Borrell felt weather, air conditions can all play a factor in how sound travels. Questioned if they are dealing with a neighbor who is intolerant. He suggested, Staff follow up by visiting the site when the complaint is filed. He noted the owner has made the improvements to the bandshell that was requested. Riley stated because these events happen on the weekend, the Sheriff s office receives the calls and can respond. The deputy has history of previous complaints and report verifies the violation. Kryzer there is a new recording the Commission has not heard. Riley noted since they are going into September and about done for this year the Commission could give the owner a last chance to stay in compliance. Board members noted concern about ignoring conditions set on Conditional Use Permits, lack of good management and whether it is one or several people or complaints, once validation is made it should be dealt with. Consensus of the Commission was to direct Riley to write a letter to the owner. On a motion by Felger, seconded by Mahlberg, a motion carried to direct the Zoning Administrator to send a letter to the owner about the confirmed violations and make it clear

12 P a g e 12 if there are further violations of the Conditional Use Permit, the Planning Commission may take action and hold a revocation hearing. Borrell was not opposed to this action, however, was opposed because he did not think it required a motion. DISCUSSION: Borrell indicated he would like to pursue a zoning ordinance amendment that would allow a change in moving entitlements within a Township and drop the requirement that it has to be under common ownership. Another change building standards for storage. Riley explained the building code addresses wind and snow loads; the agricultural buildings or older buildings may not meet the seasonal storage code. This is defined under the State Building code. Discussion on activities that are being ignored. Borrell commented he did not think it was fair to the person who has a neighbor dispute or wants to complain. Felger questioned a need for a CUP for woodworking business that was on the agenda. Riley noted the reason for the permit was the operation has employees coming to the site, commercial trucks storage. J. Thompson relayed her experience in a City investigating code enforcement. Meeting adjourned at 9:55 p.m. Respectfully submitted, Sean Riley Planning & Zoning Administrator SR:tp cc: Planning Commission County Board of Commissioners Kryzer Twp. Clerks Applicants/property owners