Planning Commission Minutes

October 20, 2014

Page 2

MINUTES OF THE PROCEEDINGS

OF THE PLANNING COMMISSION OF THE CITY OF

NORTH BRANCH IN THE COUNTY OF CHISAGO

AND IN THE STATE OF MINNESOTA

REGULAR SESSION

October 20, 2014

CALL TO ORDER: The North Branch Planning Commission met in regular session and was called to order at 7:00 p.m.

ROLL CALL: Commissioners present were John Von Lange, Mark Ramaley, Tom Borchardt, Don Swanson, and Brian Belfield. Also present Mayor Lindquist and City Planner Ken Roberts.

APPROVAL OF MINUTES:

Motion by Swanson, seconded by Borchardt, to approve the September 9, 2014 Minutes. All voted AYE. Motion carried.

Motion by Borchardt, seconded by Belfield to approve the Minutes of September 15, 2014. All voted AYE. Motion carried.

ADDITIONS TO AGENDA: NONE

STAFF REPORTS:

5.1 City Council Update

No Updates.

5.2 Activity Report

Roberts reviewed building activity report information with the Commission.

PUBLIC HEARINGS:

6.1  Conditional Use Permit - Family Pathways

Planner Roberts provided an overview of the proposed Conditional Use Permit for Family Pathways for the property at 6413 Oak Street.

Chair Von Lange opened the public hearing.

Mr. Rich Smith of Family Pathways addressed the Commission and asked for approval of the Conditional Use Permit. Mr. Smith assured the Commission the intent is to use the building as administrative offices.

Chair Von Lange closed the public hearing.

Motion by Borchardt, seconded by Belfield, to approve the proposed conditional use permit. All voted AYE. Motion carried.

6.2 Conditional Use Permit - Lansing Trade Group

Planner Roberts provided an overview of the proposed Conditional Use Permit for the property at 6384 415th Street for Lansing Trade Group. This CUP would allow Lansing Trade Group to purchase the Tiller Corporation operation.

Chair Von Lange opened the public hearing.

Eric Watts of Lansing Trade Group addressed the Commission and explained that they are looking at purchasing the Tiller operation.

Barbara Burrington said that last summer they tried to tour the plant and were told that was not an option. Ms. Burrington noted that this facility is not served by municipal utilities and whether there is washing of sand and where is the water going.

Chair Von Lange said that this is not the time and place for this type of question.

Jeff Bernoski of 8th Avenue asked what happens if the City does not approve this. Von Lange indicated that this goes on to Council after the Planning Commission. Planner Roberts indicated that the applicant can accept the decision of the City or pursue the matter in Court.

Carolyn Bernoski of 8th Avenue said that people come and request to have a CUP and it is either yes or no but this was not done right. Ms. Bernoski said the laws around silica sand have changed so she would like the new people to apply for the CUP because it would make it difficult for them to have a CUP because of the new laws.

Planner Roberts indicated that the CUP requested in this application is just for outdoor storage and is not related to the materials processed on the site.

Laurie Warner, 40589 Golden Avenue said that this is the end of a long history of what happened when Tiller went in. Tiller did not get a chance to speak to it and so there are some hard feelings. She is concerned as to what will happen with trade of ownership because of previous fines and the way things were done in the past. Ms. Warner said she is glad no asphalt or concrete but things went beyond what was designated in that area already and they need to know what the intent is with the sale and whether they could expect more outdoor storage and more buildings that are taller.

Tessa Hill of Bridge Road said that she understood that Tiller was to monitor health and safety of the business and she would like to know what the results of the monitoring are. Von Lange indicated that there is a website through the MPCA where the results can be obtained. Planner Roberts indicated that the last results were well below the required standards.

Chair Von Lange closed the public hearing.

Motion by Borchardt, seconded by Swanson, to approve the CUP as presented. All voted AYE. Motion carried.

Motion by Borchardt, seconded by Swanson, to approve the variances as proposed. All voted AYE. Motion carried.

6.3 Conditional Use Permit –Frerich’s Construction

Planner Roberts provided an overview of the Frerich’s Construction request for a CUP for outdoor storage for the property at 5600 392nd Street.

Chair Von Lange opened the public hearing.

Chair Von Lange closed the public hearing.

Borchardt noted that it was his intent that the septic area be identified and tested as required by a licensed septic installer.

Motion by Borchardt, seconded by Swanson, to approve the CUP as amended. All voted AYE. Motion carried.

6.4 Conditional Use Permit – Premier Marine

Planner Roberts provided an overview of the proposed CUP for outdoor storage for the property at 39387 Grand Avenue.

Chair Von Lange opened the public hearing.

Chair Von Lange closed the public hearing.

Borchardt said he feels the question to the attorney was posed incorrectly because he feels this may fall under prescriptive right of way easement.

Motion by Swanson, seconded by Borchardt to approve the CUP for Premier Marine. All voted AYE. Motion carried.

6.5 Code Amendment – Residential Driveways and Standards

Planner Roberts provided an overview of the proposed Code Amendment.

Kim ______of 6443 Cedar Street said she has an “L” shaped driveway and has two driveways but four property identification numbers. She wants to know if this is per property identification number and she is wondering if she would have a problem in the future.

Chair Von Lange closed the public hearing.

Borchardt thanked staff for the efforts in preparing the proposed ordinance amendment but asked about the way this was done with staff approval and not a variance. He then said he would like to see language in the proposed ordinance that says there is no cost for the appeal.

Motion by Borchardt, seconded by Swanson, to approve as amended. All voted AYE. Motion carried.

OLD BUSINESS NONE

NEW BUSINESS

8.1  Final Plat – Sunrise Bluff Addition

Planner Roberts reviewed the proposed final plat for Sunrise Bluff.

Motion by Swanson, seconded by Belfield to approve the final plat as proposed. All voted AYE. Motion carried.

8.2  November 11 Work Session Reschedule

The November 11, 2014 Work Session was cancelled.

Motion by Belfield, seconded by Borchardt to adjourn. All voted AYE. Motion carried.

ADJOURNED: at 8:15 p.m. by Chair Von Lange.

APPROVED ______ATTEST ______

Respectfully submitted,

Planner Roberts

TOSS/jrl