A regular meeting/public hearing of the Planning Commission of Alexandria Township was held on the 25th day of August, 2014 at the Alexandria Township Conference Room, 610 Fillmore Street.
Roll Call: Commission members present were Shad Steinbrecher, Mary Hacker and Larry Steidl. Also present were Bonnie Fulghum, Deputy Clerk, and Ben Oleson, Township Zoning Administrator. As said members formed a quorum and the meeting was called to order by Chairman Steidl at 6:00 p.m.
Agenda: Steinbrecher, seconded by Hacker, made a motion to approve the agenda as written. Motion carried unanimously.
Minutes: Steinbrecher, seconded by Hacker, made a motion to approve the minutes of the 07/28/2014 meeting as written. Motion carried unanimously.
The 02/14/2014 site visit minutes were tabled.
Hacker, seconded by Steinbrecher, made a motion to approve the minutes of the 06/18/2014 site visit as written. Motion carried unanimously.
Steinbrecher, seconded by Hacker, made a motion to approve the minutes of the 07/23/2014 site visit as written. Motion carried unanimously.
Chairman Steidl recessed the meeting to open the public hearing on the Interim Use application submitted by Wendy Ramsdell for a home occupation (pet grooming business) in an Urban Residential zoning district, property address of 2701 Kings Road SE.
Public Hearing: William Rawlings, 2701 Kings Road SE, was Ms. Ramsdell’s representative. He stated that Ms. Ramsdell has had a long-standing pet grooming business located in the City of Alexandria and, a few years ago, moved that business to its current location in the township. The hours of operation are from 9 a.m. to 5 p.m., Monday – Friday. The business involves 1 – 4 dogs/day, scheduled from 9:00 a.m. – 1:00 p.m. They are seeking permission to continue running the dog grooming business out of their home.
Commissioner Hacker inquired about the scheduling. Mr. Rawlings explained that there is a time lapse for completing the grooming; i.e. those scheduled at 9 will be ready to leave at 1 and so on until the last dog leaves at 5.
Zoning Administrator Oleson reported the township received a complaint a few years ago regarding the business. After numerous attempts to contact the landowner (the applicant’s daughter) failed, the matter was turned over to the Township Attorney. The applicant eventually contacted the Township Attorney, stating she had no knowledge of the township’s requirements for a permit. Letters from the township had been sent to her daughter, the landowner, and those letters were never forwarded to her. A $500.00 after-the-fact fee may be assessed due to the amount of time that has elapsed from the onset of the original communication attempt in 2011 to the submission of the current application. The applicant has proposed putting up a small sign, 18” x 36”. Staff recommendation is to approve the interim use application with the following conditions:
- That the applicant must pay an after-the-fact fee of $500, unless waived or otherwise amended by the Town Board.
- That the property maintains an appearance more like a residential setting than a business setting, consistent with the requirements of the ordinance. This shall include, at a minimum:
- No outdoor storage of equipment or materials related to the business except as allowed by the ordinance;
- All parking associated with customers shall be located on the existing driveway.
- That the hours of operation allowed for retail sales or outside group activities be limited to between 9:00 am and 5:00 pm to help protect the residential nature of the neighborhood (the default requirement in the ordinance is 7am to 7pm).
- That the days of operation shall be allowed Monday through Saturday.
- That the use must comply with all requirements in the Ordinance relating to “Moderate-Activity Home Occupations” except that signage shall be regulated by Section V.A of the Township Zoning Ordinance.
- That the interim use shall terminate 5 years after the date of its approval by the Town Board, unless one of the earlier events outlined in the Zoning Ordinance triggering a termination occurs first. (Note: Interim Uses are typically granted an initial period of five years, although the Township can establish any timeframe that it feels is necessary to protect the neighborhood and ensure compliance).
Mr. Rawlings asked if the town board would be willing to consider a payment schedule if they assess the after-the-fact fee. Deputy Clerk Fulghum responded that normally the fee is paid upfront; however, any payment arrangement would be at the discretion of the town board and could be discussed at the September 3rd meeting at the time the application is reviewed.
Commissioner Hacker asked Oleson to elaborate on the reason for the after-the-fact fee. He responded that in order to proceed with a home occupation, an application needed to have been submitted. The first letter was sent out in 2011 and we didn’t receive an application until this month. In effect, the business has been operating illegally for around three years.
Chairman Steidl opened the hearing to the public for comment.
Debbie Angerhofer, 2702 Golden Gate, spoke in support of the business. She stated she has not noticed an increase in traffic and does not believe the business would adversely affect their neighborhood.
Seeing no further public comment, Chairman Steidl closed the public hearing and reconvened the meeting.
Commissioner Steinbrecher said he noticed on the application that the titleholder of the property was not the applicant. Ms. Ramsdell stated she is in the process of acquiring the property from her daughter.
Commissioner Hacker asked Oleson if he had received any negative comments and/or heard of concerns relating to the business. He replied that essentially it was the original complaint filed in 2011. Hacker asked him to state the nature of the complaint. Oleson stated that the complainant was concerned about a business being operated in that neighborhood, a residential area. Mr. Rawlings asked the chairman if he could address the complaint. Mr. Rawlings explained that he felt an underlying neighbor dispute led to the complaint. He also stated that as soon as Ms. Ramsdell became aware of the permit process, she proceeded with the paperwork.
Chairman Steidl commented that at the site visit, two people from the neighborhood expressed no concerns regarding the continuation of the dog grooming business in that area. He also said Commissioner Dokken-McFann asked him to convey to the commission that she has no concerns regarding this application.
Hacker, seconded by Steinbrecher, made a motion to recommend approval of the Ramsdell interim use application with the six conditions as outlined in the staff report. Roll: Steinbrecher, Hacker, Steidl – yes. Opposed: none. Motion carried unanimously.
Chairman Steidl recessed the meeting to open the public hearing on the Conditional Use application submitted by Global Ag Investments for an agricultural equipment dealership in a Commercial-Urban zoning district, property address of 3608 State Highway 29 North.
Andrew Venton, 3611 Crestwood Drive NE, was the representative for Global Ag Investments. He stated they are proposing to operate a business selling agricultural equipment. They also hope to display retail farm equipment for commercial farmers, etc. and will have parts retail in the two existing buildings. They do not intend to perform any repairs or servicing onsite. They will have a building for winterization, keeping of parts and supplies. They anticipate putting up a “hoop barn” in 2015 which would allow for storage of equipment out of the elements, essentially a cold storage facility. The new building would be under 2000 square feet. It would be deemed a temporary building, as the landowners do not want a permanent structure built.
Chairman Steidl asked about a safety zone for fire personnel, etc. The applicant stated that they are well aware of that requirement and have planned for it. They are also aware of the need to reduce their signage from 100 square feet to 64 square feet to comply with the township’s sign ordinance.
The applicant stated they intend to utilize farmland from Masters Plumbing, which would be to the west and south of the current site. This additional land would be used for educational purposes; i.e. training, demonstration, and display of equipment.
Chairman Steidl asked Zoning Administrator Oleson if the use of the land from Masters Plumbing would require an additional permit. Oleson said it would not be necessary as long as they weren’t putting up buildings and the use remained the same; i.e. farmland. The applicant reiterated it would remain farmland. Their intention would be to maintain the land for Masters Plumbing (cutting, baling, etc.) and thus providing a way of demonstrating their equipment in the process.
Commissioner Hacker asked about liability issues for the demonstration area. Oleson stated liability would be borne solely by the applicant. The applicant concurred,stating their personnel would be operating the equipment, not the general public.
Oleson reported MnDOT appeared to be satisfied that their requirements would be met.
Chairman Steidl mentioned that Commissioner Dokken-McFann had asked at the site visit about MnDOT’s easement and whether we needed a letter from them. Oleson stated we could request it, although he had verbally gotten an okay from MnDOT.
Staff recommendation is to approve the conditional use application with the following six conditions:
- That the applicant must not store equipment or materials within the easement intended for emergency service vehicles in the northeast corner of the property (at the entrance to the property from State Highway 29.
- That the property maintains a neat appearance, free of inoperable equipment (except as will be made operable within fourteen (14) days of it coming on the lot) or other junk material.
- That the applicant maintains sufficient area for the free flow of delivery vehicles and other traffic internally on the site such that it is not necessary for traffic to back out on to State Highway 29, on to non-paved areas of the property, or onto neighboring properties.
- That any expansion of the property onto adjacent property, whether by purchase or lease, that involves the expansion of equipment display areas or paved parking/display surfaces shall require screening of at least 8 feet in height. In this case, a screening plan shall be submitted to, and approved by, the Township Zoning Administrator.
- That this approval shall be for agricultural and lawn/garden equipment (mowers, skid-steers or similar equipment and related attachments). All previously granted conditional use permits are deemed abandoned and any sale of other materials (i.e. used cars, docks, RVs, etc…) shall require a separate conditional use permit.
- That all signage related to the business shall obtain the required permits and meet the applicable size, height and other requirements. The sign for this property may be backlit as part of this conditional use permit approval.
The applicant asked about signage on the building.
Chairman Steidl opened the hearing to the public for comment. Hearing none, he closed the public hearing and reconvened the meeting.
Commissioner Steinbrecher asked if there would be issues pertaining to noise and/or disruptions on the Masters Plumbing farmland. The applicant stated the demonstrations would be infrequent and last approximately 3 – 4 hours twice/year. Oleson stated it would not be viewed as a prohibited activity but rather as an allowed farming activity.
Steinbrecher, seconded by Hacker, made a motion to recommend approval of the Global Ag Investments conditional use application with the six conditions as outlined in the staff report. Roll: Steinbrecher, Hacker, Steidl – yes. Opposed: none. Motion carried unanimously.
Zoning Administrator’s Report: Discussion on legal non-conforming lots.
New Business: none
Old Business: Completed training video “Developing Effective Comprehensive Plans”. The commission will begin the comprehensive plan review at the next meeting. The first section to be reviewed will be Section IV. Issues and Trends.
Adjournment: Being no further business Steinbrecher, seconded by Hacker, made a motion to adjourn the meeting. Meeting adjourned at 7:53 p.m.
Respectfully submitted…
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Bonnie Fulghum, Deputy Clerk
Approved this ____ day of ___________, 2014
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Larry Steidl, Chairman