A regular meeting/public hearing of the Planning Commission of Alexandria Township was held on the 28th day of September, 2009 at the Alexandria Township Conference Room, 610 Fillmore Street.
Roll Call: Commission members present were John Knowles, Julie Feuling, Russ Niskanen, Larry Steidl and Lyle Hammerschmidt. Also present was 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 as written. Motion carried unanimously.
Minutes: Hammerschmidt, seconded by Steidl, made a motion to approve the minutes of the 8/24/09 meeting as written. Motion carried unanimously.
Public Hearing: The first item for public hearing was the conditional use permit application of Louis and Velvet Ross. Chairman Knowles stated that the purpose of the application is to allow for limited livestock raising of up to one (1) animal unit per acre.
Mr. Ross asked for clarification of Recommendation No. 2 in the staff report which reads, “that the applicant maintains a vegetative buffer along the public road at least equal to what exists as of today.” Zoning Administrator Oleson mentioned perhaps planting more trees to provide screening.
Commissioner Niskanen asked what the distance would be from the lake. Mr. Ross stated 200 feet. He also said that there is a natural drainage area on the property.
Chairman Knowles opened the meeting to the public for comment.
Lynn Pierce, 2470 Wildflower Way, asked what kind of livestock would be acquired? Mr. Ross said dairy cows, steers, pigs, up to a total of nine (9) animal units. Chairman Knowles read from the staff report the types of animals that would be allowed. Ms. Pierce stipulated that she does not want livestock in a residential area.
Gene Karnis, 2391 S. Burgen Drive, asked how long a conditional use permit is valid. Zoning Administrator Oleson stated that this type of permit goes indefinitely with the land, as long as the conditions are being met.
Chairman Knowles closed the public comment portion of the meeting.
Commissioner Feuling questioned the water run-off to the lake. She stated that after the site visit, however, she felt the situation would be addressed and she had no further objections.
Feuling, seconded by Steidl, made a motion to recommend approval of the Ross conditional use application with the six (6) conditions as stated in the staff report.
Commissioner Hammerschmidt brought up the question of land size being an additional condition.
Chairman Knowles asked if Commissioner Feuling would be willing to amend the motion. She agreed, so the amended motion now read, “to recommend approval of the Ross conditional use application with the six (6) conditions as stated in the staff report, and to include a seventh condition to read, ‘that should the size of the parcel be altered, the conditional use permit would expire’”. Seconded by Hammerschmidt.
Roll: Niskanen, Steidl, Feuling, Hammerschmidt, Knowles – yes. Opposed: none. Motion carried.
The second item for public hearing was the Nicholas and Jennifer Heydt/Dennis and Karin Weigel conditional use permit application. Chairman Knowles stated that the purpose of the application is to allow the applicants to address an ongoing erosion problem in a ravine that runs between the applicants’ properties.
Mr. Heydt explained that the erosion is affecting his home and the Weigels’ driveway. He addressed the erosion control methods they would be incorporating.
Commissioner Feuling asked who is responsible to pay for the repair(s)? Ms. Weigel stated the town board had agreed to pay a portion, pending the recommendation of the planning commission. The remainder would be borne by the landowners.
Commissioner Niskanen asked about putting in a larger centerline culvert, a 24” to replace the existing 18” pipe.
Chairman Knowles opened the meeting for public comment.
Andy Girard, 2431 Alpine Road, asked if the amount of fill for this project would be more than what the Thompsons had done previously. Chairman Knowles requested Mr. Girard to follow up with the town clerk.
Commissioner Niskanen asked about the trees that would be removed. Ms. Weigel explained the roots are eroding, necessitating the removal of a few trees. The principal vegetation for removal, however, would be brush.
Mr. Heydt said they hope to establish a boundary line with trees. A swale would also be established to divert water.
Ms. Weigel stated that the excavators recommended tiling as well.
Chairman Knowles closed the public comment portion of the meeting.
Zoning Administrator Oleson read comments submitted by Jerry Haggenmiller of the Douglas County Soil & Water Conservation District. Mr. Haggenmiller recommended an area of rip rap and establishing three rock dams. He also recommended having the fill be compacted in lifts and to have a swale between the two properties.
Zoning Administrator Oleson mentioned that if an easement is granted to the township, that should be documented as well.
Feuling, seconded by Hammerschmidt, made a motion to recommend approval of the Heydt/Weigel conditional use application with the eight (8) staff recommendations as outlined in the staff report.
Commissioner Niskanen asked if we should specify a ninth condition regarding the easement or the rock dams. The consensus was that this was covered in the other conditions and would also be overseen by the township engineer.
Roll: Niskanen, Steidl, Feuling, Hammerschmidt, Knowles – yes. Opposed: none. Motion carried.
The third item for public hearing is the conditional use application submitted by James Florin. Chairman Knowles stated the purpose of the application is for a home occupation business.
Mr. Florin stated that he is in the process of purchasing the property at 3150 Queens Road with the intention of housing his satellite office personnel and converting the home into offices. The storage unit would house his personal recreational vehicles. There would be no increase in traffic, regular daytime office hours would be Monday – Friday only, and no outside storage. As of now, there are no plans for signage other than on the east side of the door. The nature of the business is telecommunications, with the main office in Eagan. There would be no vendors or customers coming to the Alexandria office. He indicated his intent to plant spruce trees on the west side.
Commissioner Niskanen asked if a conditional use permit was already in place. Zoning Administrator Oleson said there was none. This would be the first conditional use permit for a business on this parcel.
Commissioner Niskanen asked the applicant if he would have any fuel storage on the property and the applicant said none, other than the fuel oil to heat the building.
Chairman Knowles opened the meeting to the public for comment.
Louis Ross, 3020 Lake Victoria, asked how many employees were anticipated. Mr. Florin stated that in all there would be 19 total, encompassing the main and satellite offices, of which three are presently employed in the Alexandria area with one more hire anticipated in the near future.
Commissioner Feuling did not voice concern over the expected use of the property; however, since the conditional use is attached to the land, she felt that the township could end up with a future business not appropriate for this area if the land were sold.
Bernie Van Zomeran, 1323 Maple Drive, gave a summarization of the history of this parcel; i.e. approval for the storage shed and dwelling, etc. He said he is not opposed to Mr. Florin’s application; however, he also has concerns as to the future use of the property if it were sold.
Rod Eldevik, 1211 Maple Drive, has no objection to the proposed use of the property; his concern lies with future use, since the conditional use permit is attached to the land indefinitely.
Niskanen, seconded by Hammerschmidt, made a motion to table the Florin conditional use application for the purpose of obtaining additional information about control methods and/or conditions in the event the property was sold in the future. Motion carried.
Rod Eldevik asked if the conditional use permit could be specific so another type of business would not be allowed.
Commissioner Feuling asked if this should be considered a commercial business rather than a home occupation since no one will be actually living on the premises. Zoning Administrator Oleson said it could be considered a home occupation under the zoning ordinance since there is limited and/or no exterior evidence of a business.
Commissioner Hammerschmidt stated that we need to be consistent with conditions on businesses.
Commissioner Feuling stated thorough conditions are needed to insure compliance by any future owner, especially if we consider conditional use rather than interim use.
Niskanen, seconded by Steidl, amended the motion to read, “to table the Florin conditional use application for the purpose of obtaining additional information in determining home occupation verses commercial business use in a residential zone.”
Roll: Hammerschmidt, Feuling, Steidl, Niskanen, Knowles – yes. Opposed: none.
The commission requested Zoning Admnistrator Oleson to meet with the township attorney for clarification on these issues.
New Business: Commissioner Niskanen asked if we should consider providing additional copies of staff reports at public hearings.
Old Business: The first item for discussion was an interim ordinance for permanent docks. Zoning Administrator Oleson stated that we can regulate them. When asked about regulating the length of the docks, he said no other entities have this requirement.
Commissioner Hammerschmidt inquired as to the extent of damage permanent and temporary docks cause the lakes.
The general consensus was to abide by the DNR regulations and to require reflectors. The commission decided to wait on any recommendations until after the state’s review and rulings.
The second item for discussion was Interim Use permits. The commission decided to fast track this issue and will hold a public hearing on October 13, 2009 at 6 p.m.
Zoning Administrator Oleson brought up the enforcement policy and the need for repeat violations to be addressed.
Oleson provided copies of the agreement the township has with Mr. Zunker regarding the clean-up effort.
Zoning Administrator’s Report: Update on Jack’s Family Recycling Center.
Adjournment: Being no further business Feuling, seconded by Niskanen, made a motion to adjourn the meeting. Meeting adjourned at 9 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