HomeMy WebLinkAbout2002.04.11 PC MinutesCall to Order
Chairperson Schumann called the meeting to order at 7:10 p.m.
PRESENT: Kleissler, Malaski, McRoberts, Peltier, Rooney, Rosenquist, Schumann
ALSO PRESENT: John Rask, Community Development Director
Michele Lindau, Planning Commission Secretary
Dave Snyder, City Attorney
Overview of Land Use Law
City Attorney Dave Snyder and Community Development Director John Rask provided the
Commission an overview of land use laws. Specifically discussed were the levels of discretion in
the City's decisions regarding the Comprehensive Plan Amendments, Rezoning, Planned Unit
Developments, Variances, Conditional Use Permits, Preliminary Plats, Site Plans, and Final Plats.
Home Occupations
The City Council had directed the Planning Commission to draft a home occupation ordinance
that establishes typical home occupations as well as home-based businesses that are conducted in
an accessory building.
The Planning Commission discussed the advantages and disadvantages of Home Occupations and
Home Based Businesses. The Commission also reviewed and discussed a draft ordinance
prepared by staff that would allow the City to issue interim use permits that would permit the
temporary use of property until a particular date, until the occurrence of a particular event, or until
zoning regulations no longer permit it.
Ann and Dennis Thompson, 13755 Elmcrest Avenue North, stated they appreciated the effort the
City and Commission had put into the creation of the draft ordinance and the interim use permit
consideration. The Thompsons wish to operate a screen -printing business from an accessory
structure on their property. Due to their circumstances, the Thompsons said they felt an interim
use permit would be appropriate for their future plans and that they understood the sunset clause is
a part of the permit.
Planning Conunission Meeting April 11, 2002 - page 2
The Planning Commission requested that Staff revise the draft ordinance and present it for review
at the next Planning Commission meeting.
Buffer Yards
On April 11, 2002, the Planning Commission briefly discussed the revised draft buffer yard
ordinance. Staff made several revisions based on the Commission's preliminary comments. The
changes involve buffer yards around agricultural property. In review of the zoning map, staff
noted that the only place this revised standard would apply would be around the remaining
agricultural properties in the Everton Avenue neighborhood. Other agricultural properties within
the ultimate urban area are planned to eventually receive municipal sewer and water. The rural
area of Hugo would not be impacted by this ordinance.
City Attorney Dave Snyder expressed concern about the extensive use of buffer yards, especially
for uses that are generally deemed compatible from a public health and safety standpoint. Further,
the City Attorney noted that the ordinance may make many parcels unbuildable or significantly
limit redevelopment of existing parcels. As such, the proposed ordinance may result in the
regulatory taking of property.
Members of the Commission were concerned about the health, safety, and welfare of residents
living too close to land that was being farmed. Also discussed was how a standard could be
applied to these situations as part of the Cluster Housing Ordinance, and it was agreed that the
Cluster Housing Ordinance needed to be revised.
The Planning Commission requested that Staff revise the draft ordinance and present it for review
at the next Planning Commission meeting.
Miscellaneous
Rooney informed the Commission that, due to an earlier conversation with staff and Council
Members, he might no longer serve on the Planning Commission. He thanked staff for the work
performed by them and expressed his appreciation for the opportunity to serve on the
Commission.
Adjournment
Schumann made motion, McRoberts seconded, to adjourn at 10:09 p.m.
All Ayes. Motion carried.
Michele Lindau, Secretary
Planning Commission