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HomeMy WebLinkAbout2016.08.11 PC MinutesMinutes for the Planning Commission Meeting of Thursday, August 11, 2016 Chair, Kleissler called the meeting to order at 7:03 p.m. PRESENT: Arcand, Kleissler, Lessard, McRoberts, Rosenquist ABSENT: Knauss, Patzner. STAFF: Rachel Juba, Planner Rachel Leitz, Community Development Assistant Approval of Minutes for the Planning Commission Meeting of July 14, 2016 Commissioner Arcand made a motion, seconded by Commissioner Rosenquist, to approve minutes for the meeting of July 14, 2016. All Ayes. Motion carried. Lessard Abstained. Daryl Bolicek – Interim Use Permit Application for a Beer Brewing Operation Home Occupation Leitz presented on an interim use permit application for a beer brewing operation home occupation located on 40 acres at 9480 140th Street North. Leitz described the operation of the business and what can be expected on site. She stated that in rural areas of the city, there is more flexibility for approval of certain home occupations because they are less likely to negatively impact adjacent property owners and impact the character of the neighborhood than in the urban residential areas of the City. Leitz stated that the applicant is allowed exemptions on six general standards, since the property is located in the rural area, and he has asked for exemptions on three. The three exemptions include the use of the accessory structures, number of vehicle trips, and number of employees. Leitz also stated that there are seven criteria of approval that staff has evaluated with this application and noted it’s in staff’s opinion that the applicant meets the criteria. Leitz stated that the interim use permit shall be reviewed in one year and shall expire in two years, August 15, 2016. Leitz concluded by saying that staff recommends approval of the home occupation interim use permit application with the conditions listed in the attached resolution. Chair Kleissler invited the applicant to the podium to speak. Daryl Bolicek, 9480 140th St. N., approached the podium. He briefly talked about the process that will be occurring on site. He stated that he is very interested in being a part of the community and participating in community events. He described that he has future business plans and ideas for the brewery, but first wants to make sure they are creating a good product and focus on distribution. Commissioner McRoberts asked the applicant who maintains the part of his driveway that crosses the property that he does not own. Mr. Bolicek stated that he maintains it. Commissioner Lessard asked how many times per week he is expecting to have to pump the wastewater tank. Mr. Bolicek stated that he expects to have to empty the tank once or twice a year. Chari Kleissler opened the public hearing at 7:19 p.m. Planning Commission August 11, 2016 Page 2 Elizabeth Closmore, 9420 140th St. N., approached the podium. She stated that she is the neighbor and owns the property that Mr. Bolicek’s driveway goes through. She stated that Mr. Bolicek and she have been talking about the home occupation and her main concerns were the waste and traffic. She also asked if the mash would be hauled out in a large truck and if there are already farmers lined up to take that. Mr. Bolicek stated that the mash would be put into the bed of his truck and hauled off site. He also stated that he does have agreements with farmers who are interested in taking the mash. Ms. Closmore asked if someone is going to monitor the amount of traffic coming from the business and about the water use from the operation. Chair Kleissler asked staff if they would first address monitoring of traffic. Juba stated that the applicant will be required to sign the interim use permit, which lays out what is permitted on site. She stated that if there is a complaint filed regarding more business trips than originally permitted, then staff would investigate the issue. Chair Kleissler asked staff to address the water concern. Leitz stated that the applicant has indicated that the operation will use about 1,500 gallons of water per week. She said that the average residential home uses around 1,500 gallons per week, so it would be like adding one residential unit, which the applicant could do by splitting his property. Ms. Closmore stated that they have been very casual about the maintenance of the driveway and would like to talk further with Mr. Bolicek about maintenance responsibilities, especially with more traffic and some larger vehicles traveling on the driveway. Chair Kleissler closed the public hearing at 7:24 p.m. Commissioner McRoberts stated that he has no opposition to this home occupation or how it is proposed to be operated. He had questions regarding the ordinance standards and the flexibility given to applicants. Juba stated that within the code, it specifies that if a resident lives in the rural area, there may be exemptions from certain standards in the code. She stated that staff has worked with the applicant to put some parameters within the permit for these exemptions. She clarified that this request is not deviating from the code, as it does allow these exemptions. Commissioner McRoberts made a motion, Commissioner Rosenquist seconded, to recommend approving the interim use permit home application for a beer brewing operation with the conditions listed in the resolution and with a condition that if maintenance of the road is not clear within the easement agreement, it will be added to the interim use permit. All Ayes, motion carried. Temporary Family Health Care Dwelling Ordinance Leitz presented on the temporary family health care dwelling ordinance and gave a brief background. She stated that on July 14, 2016 the Planning Commission discussed the temporary family health care dwelling ordinance Planning Commission August 11, 2016 Page 3 and recommended opting out of the temporary family health care dwelling ordinance with a request that the Planning Commission review the current ordinances that are similar to the intent of the temporary family healthcare dwelling ordinance and make revisions, if necessary. She said it then went to the City Council on July 18, 2016 where they recommended staff to move forward with the process to opt out of the ordinance to provide temporary family health care dwellings. Leitz then discussed accessory apartments and accessory dwelling units, which are uses that staff feels meet the need for temporary housing. Leitz concluded by saying that the law goes into effect September 1, 2016 and automatically applies to all cities that do not opt out or don’t already allow temporar y family health care dwellings as a permitted use under their local ordinances. She stated that because the new law alters the City’s level of zoning authority and the structures have the potential to change the character of the area, staff recommends opting out of the temporary family health care dwelling ordinance. Chair Kleissler opened the public hearing at 7:32 p.m. No one was in the audience. Chair Kleissler closed the public hearing at 7:33 p.m. Commissioner McRoberts made a motion, Commissioner Arcand seconded, to recommend opting out of the temporary family healthcare dwelling ordinance. All Ayes, motion carried. Adjournment Commissioner Rosenquist made a motion, Commissioner Lessard seconded, to adjourn at 7:34 p.m. All Ayes. Motion carried. Respectfully Submitted, Rachel Leitz, Community Development Assistant