A regular meeting/public hearing of the Planning Commission of Alexandria Township was held on the 23rd day of February, 2009 at the Alexandria Township Conference Room, 610 Fillmore Street.
Roll Call: Commission members present were John Knowles, Russ Niskanen, Larry Steidl and Lyle Hammerschmidt. 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 Knowles at 6:00 p.m.
Agenda: Niskanen, seconded by Hammerschmidt, made a motion to approve the agenda with the addition of Jack’s Family Recycling Center under Old Business. Motion carried unanimously.
Minutes: Hammerschmidt, seconded by Steidl, made a motion to approve the minutes of the 1/26/09 meeting as written. Motion carried unanimously.
Chairman Knowles recessed the meeting to open the public hearing on the preliminary plat for Lake Jessie Meadows, First Addition.
Public Hearing: Joe Riley of Riley Bros., applicant, and Mike Nyberg of Nyberg Surveying were present to discuss the preliminary plat of Lake Jessie Meadows, First Addition. Chairman Knowles stated that the lot on this preliminary plat represents an outlot that was depicted on the original Lake Jessie Meadows plat. Zoning Administrator Oleson elaborated further, stating that it seems to have been the intention, at the time of the original plat, to have this outlot become a “buildable” lot. The outlot, “Outlot A”, was not originally platted as a residential lot since it would have needed sewer hook-up, and the cost for sewer installation at that time was prohibitive. Now that the sewer lines have been extended to this area, the owner wants to build on the lot.
Mr. Nyberg provided a drawing depicting a drainage and utility easement, along with a possible building site on the property.
Commissioner Hammerschmidt asked if the trees would be left intact? Mr. Nyberg stated that they would clear brush and small trees.
Commissioner Niskanen asked if fill would be brought in. Mr. Riley stated that he does not intend to do that; however, a new homeowner may choose to do so.
Chairman Knowles then asked for public comment. Glen Klimek, 2908 East Lake Victoria Road, commented that the proposed lot is usually wet from spring till early summer. Mr. Klimek also stated that he has a feedlot permit. He thought that one of his two feedlots would be too close to the proposed lot.
Charles Klimek stated that water flows across the road and that neighbors have water problems in their basements due to the high water table.
Chairman Knowles requested Zoning Administrator Oleson to address the feedlot issue. Oleson had spoken with the county feedlot officer, who said that you do not have to meet setback requirements until you reach 50 units, which would then trigger a 1000 foot setback. The setbacks for Mr. Klimek’s feedlots from the proposed lot are 1500 feet (104 units) and 350 feet (30 units).
A question was asked about the soil, if it would be suitable for building. Zoning Administrator Oleson said this was unknown. He did not foresee any problems; however, the building inspector’s department should be consulted. Mr. Nyberg stipulated that since the county had re-worked Highway 81, they should be cognizant of any existing soil problems.
Sue Engstrom, representing Douglas County Lakes Association (DCLA), inquired as to wetlands and lake setbacks.
Niskanen, seconded by Hammerschmidt, made a motion to close the public comments portion of the public hearing. Motion carried.
Chairman Knowles directed Deputy Clerk Fulghum to read the written comments from Commissioner Feuling. She stated that she would recommend approval on the plat since it meets legal requirements, said approval to be contingent upon the staff-recommended conditions.
Zoning Administrator Oleson commented that Mr. Riley had received a letter from ALASD wherein the Alexandria Lake Area Service Region (ALASR) has agreed to install a private service stub to Outlot A in the spring of 2009. This installation is a condition outlined in the staff report.
Zoning Administrator Oleson recommended that the commission direct the township attorney to review the language of the easement. Chairman Knowles recognized Mike Nyberg, who said that there is no language on the easement for review.
Niskanen, seconded by Steidl, made a motion to recommend approval to the town board of the preliminary plat of Lake Jessie Meadows, First Addition with the four conditions as outlined in the staff report. Roll: Hammerschmidt, Niskanen, Steidl and Knowles – yes. Opposed: none.
Old Business: Zoning in the RCR District. Zoning Administrator Oleson stated that this discussion was precipitated by a landowner asking if he could have a heating/cooling business in an area zoned Rural Conservation Residential.
The commission discussed the definitions of home-based businesses and home occupations. Oleson stated that the primary difference is that a home-based business “moves out of the home.”
Chairman Knowles directed Deputy Clerk Fulghum to read Commissioner Feuling’s written comments. Commissioner Feuling provided examples of businesses she felt should, or should not be, included in this district. She also stated “the Planning Commission spent a year carefully planning the land use map and involving the public. The land use map includes adequate space for businesses in currently zoned commercial/industrial areas. It would take extraordinary circumstances for me to feel it’s right to change it. The need for more businesses in residential areas may indeed grow, but as of now, has not been demonstrated.”
Commissioner Hammerschmidt agreed with her comments and stated that he felt home-based businesses should be kept to a minimum.
Zoning Administrator Oleson raised three questions to the commission. First, would the proposed heating/cooling business be considered a prohibited use? The commission deemed yes, it would. Secondly, if there was only a partial move of the business so no exterior evidence of the business was present, could it be processed as a conditional use permit? The commission still felt it would be a prohibited use since it does not qualify as a “home occupation”. Third, should there be continued discussions and/or potential ordinance amendments on this topic? The commission chose to have the zoning subcommittee review at their next meeting.
Jack’s Family Recycling Center. Commissioner Niskanen stated that it looks as if the business is encroaching to the west. Zoning Administrator Oleson said that roll-offs appear to be outside the fence and placed on adjacent property. Oleson will investigate and, if needed, pursue corrective action. He will also provide the commission information on what has actually been permitted and rulings from the town board.
New Business: None
Zoning Administrator’s Report: Commissioner Steidl requested Oleson to expound on the end-of-the-year report.
Adjournment: Being no further business, Hammerschmidt, seconded by Steidl, made a motion to adjourn the meeting. Meeting adjourned at 7:39 p.m.
Respectfully submitted….
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Bonnie Fulghum, Deputy Clerk
Approved this _______day of ________, 2009
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John B. Knowles, Chairman