Planning & Zoning Commission Meeting

CITY OF NOWTHEN PLANNING & ZONING COMMISSION MEETING TUESDAY, August 24 2010 @ 7:30 P.M. (Minutes are being taped for transcribing purposes only)

Present: Barry Wagner Mary Rainville Jim Scheffler Harold Jorgensen Robert Mahutga Dale Ames Jeff Pilon

Others: Barry Olson, Building Official

Absent: Melanie Kern

Chairman Ames called the meeting to order at 7:30 PM  Pledge of Allegiance

 Approve/Amend tonight’s meeting agenda – August 24, 2010 Rainville made motion to approve tonight’s meeting agenda of August 24, 2010. Wagner seconded the motion, all in favor; motion carried.

 Approve/Amend the June 22, 2010 Planning & Zoning Meeting Minutes - Rainville made motion to approve June 22, 2010 Planning & Zoning Meeting Minutes. Pilon seconded the motion all in favor; motion carried.

1. Public Hearing – A request by Jason & Kim Schroeder at 21646 Pinnaker Road NW Elk River for an Interim Use Permit for an Extended Home Occupation to teach the hobby of home brewing craft beer. (Pin Number – 10-33-25-32-0001) Jason Schroeder said he has a business that is called the Silo Brewing Company. He has been teaching the making of beer down at the Winery. He said it started as a hobby for himself. Others were interested in making beer but did not have the “know how” or resources or want to spend money to buy the equipment to do it.

So Mr. Schroeder said he thought he’d like to give it a try by teaching it now in his garage at his home.

Wagner questioned him as to what hours he would be teaching his classes. Mr. Schroeder said 7:00 PM to 9:30 PM.

Question asked of how many people and cars would he have for his classes? Mr. Schroeder said 6 to a maximum of 10 people with 7 to a maximum of 10 cars.

Mr. Schroeder said there would be no tasting or drinking of alcohol.

Nowthen Attorney Bob Ruppe had written up a “draft IUP” for this Extended Home Occupation to teach the hobby of home brewing craft beer for the Planning & Zoning Commission to consider and amend where they felt it was needed. Building Official Olson said he had a comment on Attorney Ruppe’s “draft” that he would like to make. He said in our Zoning Ord #3 Section 403 – Part B it reads that Extended home Occupations can allow for retail sales so Under J – this sentence needs to be re removed. This business is considered an Extended Home Occupation rather than a Home Occupation because the business will be conducted in an accessory building, which in this case is his garage.

Ames commented that he thought Item 7 under Section 403 would be a concern if we could approve this business or not. This states 7. “If the extended home occupation is conducted on property that is accessed in total or in part on a gravel or aggregate surfaced road, the home occupation shall not create vehicular traffic within the neighborhood in greater volume than would normally be expected in the zoning district. For purposes of this ordinance, maximum normal residential traffic consists of two round trip vehicle trips per driving age family member.”

Question was asked of Mr. Schroeder is he was on a tarred road? His answer was no he is on a gravel road.

Ames said we would need to go according to our Ordinance and Mr. Schroeder is saying that he would have 7 to a maximum of 10 cars at his residence each week and that would be 3 days per week.

Building Official Olson said he didn’t know how you could regulate or watch for this, in fact, as far as the traffic counting.

Ames said he had talked to our Attorney about this and he suggested that maybe a variance could be applied for.

Building Official Olson said in the cases of IUP’s or CUP’s the City can use a little discretion too. If it were 40 cars every day going in and out that would be different. But he thought 8 to 10 cars doesn’t seem excessive for this particular area.

Scheffler said he wanted to know if in the past we have had our Attorney make up an IUP? Answer was no we have not. Pilon said he felt that since we contracted with this new Attorney that it is a part of his service to the City. That he will review our ordinances and resident’s applications and recommend correct procedures to the City.

Wagner asked of Mr. Schroeder that from his application and diagram showing his driveway to his home, his question was how 10 cars would fit in? Mr. Schroeder said that there’s about 40 feet for his driveway and parking along that driveway would be additional space. He also commented that there is nothing blocking even when cars are parked so that emergency vehicles could always get through.

Resident Theresa McKnight of 21732 Pinnaker Road NW said she came tonight, like her husband had been here at the July meeting, to confirm that they both have no opposition to this business or IUP of going in. She said they are adjoining property owners and want to confirm that it is just fine with them; and they don’t see any problems at all.

PUBLIC HEARING CLOSED – Recommendations by P & Z: Ames questioned if Mr. Schroeder needed a tar road in order to have this business? Answer was no, the type of road comes in to play for the number of employees besides family members who would be working for him. If he is on a gravel road, he can have one full-time employee or 2 part-time employees ; whereas, if he lived on a tarred road he could have 2 full time employees.

Again Ames questioned about the traffic that would be generated for this business. Jorgensen replied that he didn’t see how that could be enforced anyway. Scheffler said where the Ordinance says “more than normal expected” how do you determine that?

Jorgensen did agree with Ames, however, that if someone comes in and reads our ordinance about this with the traffic, the City could be in trouble. He said this should be clear. The problem, was commented, is with our Ordinance and not what Mr. Schroeder is asking to do.

Building Official Olson said a variance wouldn’t pass either because the property has to be proven to have a hardship, of which there would not be none.

Rainville asked of why there was a break from class to class before the beer is completed. Mr. Schroeder said the 1st night it boils and then there is the fermentation that needs to take place at the site. Also question for Mr. Schroeder of how it is possible to make the beer without tasting it? Mr. Schroeder said even after the three classes, the brew has to sit and ferment longer still before you can taste it. So it would be tasted after the classes were over at the person’s own home.

Pilon asked how soon would Mr. Schroeder expect to open his business? Mr. Schroeder said he would like to open at their residence by October.

Pilon also was quite concerned with our Ordinance saying “For purposes of this Ordinance, maximum normal residential traffic consists of two round trip vehicle trips per driving age family members.”

Scheffler said one thing the Ordinance doesn’t say is a time limit in this statement. Rainville agreed also and said yes that for a family of 4 – each member could go back and forth how many times each day.

There were 12 items of conditions that Ms. Mahutga came up with from the meeting in July – where no quorum so no motions were made, but these conditions came out of that meetings discussion and were written up and submitted at this meeting. Mr. Schroeder was given a copy and went through it. All conditions were correct and true and just a couple of items added – so total now at 13 conditions (UPS deliveries once a month – 13th) and are as follows: 1. Number of people expected to take this class is 6 and may grow to a number of 10 (10 would be maximum). 2. Number of cars to be parked at their residence is 7 to a maximum of 10. 3. Hours of class 7:00 PM to 9:30 PM 4. Previous classes were 3 days total with one week apart and then 2 weeks after that for the 3rd and final class. 5. But Possible 2 nights per week for the classes plus Saturday. 6. Won’t be any beer tasting 7. Not producing beer to sell 8. No beer consumed on the premises 9. Selling supplies & allowing people to use their space & equipment and then to help to get batches out correctly so drinkable 10. Selling kits to make beer and other associated supplies that are needed. 11. People would come by on appointments to get their supplies or kits 12. Class would be held in back of their garage that has a bathroom 13. Once a month UPS deliveries

Scheffler made the motion to recommend to the City Council to approve the request by Jason & Kim Schroeder at 21646 Pinnaker Road NW Elk River for an Interim Use Permit for an Extended Home Occupation to teach the hobby of home brewing craft beer, with these 13 conditions. Rainville seconded the motion.

Ames asked if there was any more discussion? Pilon said he felt that the Planning & Zoning should approve this IUP with the condition that before the next City Council Meeting of September 14th, that the City Attorney is contacted and asked regarding item #7 and the traffic issue, how to interpret this and for allowing the granting of this IUP then. And that also the Planning & Zoning Commission should go through the Attorney’s IUP Draft and give back to him for the City Council Meeting.

Scheffler said he would like to amend his motion to read approve granting of this IUP with the condition of Attorney Bob Ruppe checking into Item #7, Ord. #3 under Section 403-Part B. Rainville seconded the amended motion; all in favor, motion carried.

The Planning & Zoning Commission went thru page by page the “draft” IUP for Jason & Kim Schroeder.

The main changes were to add “extended” before home occupation throughout the “draft”.

Item E. All work areas & activities must be conducted and located inside the accessory building.

Item G. yes signs are allowed according to our Ordinance (403 Part B 5). Item I. Yes there can be on-site employment and that would be one full time or two part-time (403 Part B 1).

Item J – Retail sales shall be as stated in his application and reference per our Ordinance 403 Part B.4.

Item K. The hours shall be changed from 7:00 PM to 9:30 PM and read instead 2 days per week hours 6:00 PM to 10:00 PM and on Saturdays 9:00 AM to 6:00 PM.

Item M is where the clarification is to be made regarding – traffic.

Then lastly Item 5. Expiration of Interim Use Permit. There was discussion on this and it was determined to replace the word “expiration” with Review. This Interim Use Permit shall be reviewed ______. Planning & Zoning Commission request City Council to decide if this statement should stay in or not. Building Official Olson added that an IUP Permit goes until it is either revoked, discontinued as a business or the resident moves.

2. Floor Items Resident & P & Z Commission member Wagner (6560 Norris Lake Rd NW Elk River) said he had one floor item. He asked about workshop sessions that are held before the City Council Meetings and if there were minutes taken at these meetings. He said he would like to see more of what was discussed in the minutes. He said he felt there was a lack of detail in the City Council minutes also. Pilon said we are only required to give follow-up brief descriptions of the discussions. Rainville said yes that is correct the only items needed in minutes are the motions made and who the maker of motions, and seconds are, who or how many voted yea or no and if any abstentions. Wagner said he thought the notes were very condensed. Pilon said we are abiding by the specific requirements.

3. All Terrain Vehicles, Off Road Vehicles & Motorcycle Ordinance #33 Attorney Bob Ruppe had gone through this Ordinance and taken all language out for snowmobiles.

Ames commented that he thought there should be some language in it to reflect taking care of weeds that are all around a bike track that he knows of. It was mentioned that we do have an Ordinance that addresses weeds and that Mayor Schulz is the weed inspector.

Scheffler asked if there was anything relating to these All Terrain Vehicles, ATV’s and Off Road Vehicles as far as agricultural uses? Answer was yes and it is found on page 3, Item L.

Jorgensen said he thought that in this ordinance there should be some mention as to the time allowed for ATV’s to ride in the ditches, which he thought was the first of April through August.

Scheffler pointed out that Item #6 which states permits required and that we, as of yet, do not require permits at all in our City.

Building Official Olson said under Item 7A – he felt it is hard to find land less than 1 acre in Nowthen. Wagner said 7B 1. tells of the 1000 and it should say 1000 feet to clarify the distance.

A Resident asked permission to speak. He asked where did this distance of 1000 feet come from that was in this drafted ordinance? Answer was it was thought it came from our previous Attorney. This same resident asked if he could apply for a variance to be closer? Pilon said that a variance is not likely to be granted for that. He then asked if a neighbor was okay with him being closer, such as 400 feet – if then it would be okay? Rainville answered and said that would not be a good idea because one time this neighbor would be your friend and say it’s okay, then sometime later the same neighbor might change their mind and say it’s not okay. Then there’s the possibility of new neighbors moving in also.

Mahutga commented that when there is an established track you have the issues of noise that goes with the speeding and as homes get too close, neighbors don’t want to hear all that noise. The bike track owner has a right, but so does the neighbors who don’t want all the noise too.

Pilon asked the resident attending if he had any input to add to this drafted ordinance? The resident said he felt the requirement for trees was too excessive, because it would be too costly to buy eight foot (8’) high coniferous trees. He said he himself has 300’ road frontage.

He also felt that the 105 decibels at a distance of 20 inches during operation is very reasonable. He felt that dust control was best done by using water and calcium chloride.

Also he said he felt that the time to operate should be until 8:00 PM instead of 7:00 PM on the weekdays. It was the consensus of the Planning & Zoning Commission that indeed this should not be changed but left at 7:00 PM and that maybe the weekend days should be shortened up by a couple of hours. After discussion it was felt it would be okay to leave the weekend days time at the 10:00 AM to 7:00 PM.

Ames said the tracks by him, that the sound is very loud as well as producing a lot of dust.

Scheffler questioned Sec. 7 3. where it says riding 2 hours then stop for one hour and if there could then be another person take over and ride again, should it say instead track use?

Rainville said she felt that Section 6 permits for handicapped should be taken out, because we don’t have permits in the City. After looking it over again it was decided to rewrite it to say “Golf carts and Class 1 ATVs for the physically handicapped persons may be operated on city streets, but must display the triangular slow-moving vehicles emblem. A driver’s license is not required.”

The resident attending said the three main issues of concern here are noise, dust and hours of operation, he felt. Pilon said he felt that in this drafted ordinance there are too many items being addressed, and mostly dirt bikes are the issues that the City has been approached about.

Ames said he felt that 4-wheelers are a problem where he is. He said Anoka County is looking to put trails in for them soon. They want them to come through Nowthen from Ramsey to our south.

Question was asked of Building Official Olson in regards to Section 7 Item 4. saying “operation of a motorized dirt bike, go-cart and/or all-terrain vehicles shall not be allowed on either primary or secondary septic sites.” Building Official Olson answered and said yes if the ground would be compacted that would not be good for septics at all.

It was consensus that Section 7 Item 3. should say operation of established riding area of all vehicles on-site effected by this Ordinance must cease for a minimum of one (1) hour after every two hours of operation.

Rainville questioned if ATVs should have some outside input to this drafted ordinance? It was felt that everything specified related to ATVs & off road vehicles.

Pilon said that #7, Established Riding Areas contains the main issues that people are complaining about.

Scheffler asked about Sec. 7 B2 a. & b. regarding trees and dust control. Pilon said maybe we should use language from our buffer section in the ordinance.

It was the consensus of the Planning & Zoning Commission that there should be a separate ordinance to include this Section 7 (Established Riding Areas) as an Ordinance alone for tracks. This Ordinance would include Section 0, appropriate sections of definitions in Section 1 and then Section 7.

Also it was the consensus to change the 105 decibels to 96 decibels at a distance of 20 inches during operation. The resident attending tonight said he was not sure what RPM that would be and that we could find that information out from the Norsemen Motorcycle Club. Ms. Mahutga was asked by Pilon to call them and get this number to be put in these minutes.

The sections to take out of the Definitions would be – Golf Carts, Public Roads, Right-Of-Way and Roadway.

There were also a few other minor changes in SECTION 7. Heading - Spelling of ESTABLISHED RIDING AREAS to be corrected.

Item #1 – should say no closer than 1,000 feet from a neighboring building…

Item #2 – should say dust and noise due to motorized dirt bike, go- cart and/or all-terrain vehicles use, the owners affected must file a written complaint with the Anoka County Sheriff’s Department. Item #2 a. Dust control measures may include, ....

Item #2 b. The noise emission may not exceed ninety-six decibels at a distance of 20 inches during operation with ____ RPMs.

Item #3. Operation of established riding area of all vehicles on- site affected by this Ordinance must cease for a minimum of one (1) hour after every two hours of operation.

Rainville made the motion to recommend to the City Council to approve this re-written draft of All Terrain Vehicles, Off Road Vehicles & Motorcycle Ordinance #33 to include SECTION O - PURPOSE, Appropriate sections of DEFINITIONS for SECTION 1 and SECTION 7 Established Riding Areas. Pilon seconded the motion, all in favor; motion carried.

It was also the consensus of the Planning & Zoning Commission to have the City Council review this new “drafted” ordinance and decide if it is to be returned back to the P & Z for more discussion or if it may go to Public Hearing at the next September 28th Planning Zoning Meeting.

4. Zoning Ord. #3 – Section 419 – Lighting Regulations Tabled from July 27, 2010 because no quorum.

Not addressed at August 24th, 2010 Meeting.

5. Commercial Zoning (Tabled from July 27, 2010 because no quorum) a. Retail b. Light Manufacturing c. Cross Easements d. Zoning Districts

Not addressed at August 24, 2010

Rainville made the motion to adjourn, Pilon seconded the motion; all in favor, motion carried.

 Meeting Adjourned at 10:52 P.M.

Respectfully submitted Debbie Mahutga, Admin. Assist.