JUNE 28, 2007, PLANNING COMMISSION MEETING MINUTES

               Pursuant to due call and notice there of a meeting of the Planning Commission in and for the City of Albany, Stearns County, Minnesota, was called to order by Acting Chairman Todd Horton at 6:30 o’clock in the evening on Thursday, June 28, 2007 in the Council Room at 400 Railroad Avenue for the said City.

               Planning Commission members present for the meeting were: Todd Horton, Will Seiler, and Joseph Wedel.  Members Joseph Gilk and John Harlander were absent.  Councilor John Greer, Planning Commission Liaison, was present for the meeting.  

               Acting Chairman Todd Horton called for any additions or corrections to the minutes of May 17th and hearing none declared the said minutes approved.

               Stan Hanson, City Engineer, Bonestroo, St. Cloud, MN, was present for the meeting.

               Pursuant to due notice, at 6:30 PM, Acting Chairman Todd Horton called the public hearing into session on a request by Dean Gerads, 151 6^th Street, for a variance to relax the side yard set back of ten (10) feet to allow for the construction of an 8’ X 10’ shed. Mr. Schneider noted that a proper notice was published in the Stearns Morrison Enterprise on June 12th and no written comments were received.  Mr. Schneider noted that Mr. Gerads is unable to attend the meeting due to his employment.  Mr. Schneider presented to the Commission the following information relating to the property:

-        Lot width is 40 feet

-        Home is 24 feet in width

-        Home 3 feet from south property line

-        Home 13 feet from north property line

Mr. Schneider noted that in 2002, the previous property owner rezoned the property from C1 (core-commercial) to R2 (residential).   Mr. Schneider also noted that the property has an existing 24 foot wide bituminous driveway from the rear alley and if he were to meet the side yard set back, the shed would block his garage entry due to the narrow lot width.  Mr. Wedel informed the Commission that the lot is very narrow compared to others in that same neighborhood and agreed that if the shed were placed ten feet from the side yard it would be in the middle of his driveway.  Mr. Wedel also noted that the shed is portable in nature and has been erected adjacent to a sand box; whereby he’d rather see toys stored in the shed rather than around outside on the property.  Acting Chairman Todd Horton closed the public hearing at 6:45 PM. After due discussion, a motion was made by Joseph Wedel and seconded by Will Seiler to recommend to the Council that the request for a variance by Mr. Gerads to relax the side yard set back of ten (10) feet to allow for the construction of an 8’ X 10’ shed be approved as per the following:

-        Ten (10) feet side yard requirement be reduced to five (5) feet.

-        Existing Lot width, 40 feet, recognized to be very narrow and limited use.

-        Variance allows placement of portable shed not to block driveway access to garage.

All voted for the motion and it carried.

Dennis Stang, 540 Church Avenue, was present for the meeting.

Pursuant to due notice, at 6:46 PM, Acting Chairman Todd Horton called the public hearing into session on a request by Dennis Stang, 540 Church Avenue, for a variance to relax the front yard set back of twenty-five (25) feet to allow for the construction of an 32’ X 38’ addition to his existing home. Mr. Schneider noted that a proper notice was published in the Stearns Morrison Enterprise on June 12th and no written comments were received.  Mr. Schneider informed the Commission that Paul Wellenstein, Manager of the Albany Golf Club, informed him that he has no concerns relating to the proposed addition and encouraged the new construction.   Mr. Schneider also presented pictures of the property which showed existing conditions that prohibit Mr. Stang from meeting the front yard set back.  Mr. Stang appeared before the Commission to inform the Commission that he has demolished an old dilapidated non-conforming garage and is considering a 32’ X 38’ addition to the east side of the home.   Mr. Stang noted that the new construction will not encroach beyond his property line, but will need a 24’ variance.  Mr. Stang also noted that due to a severe slope or hill, the proposed house addition may not be moved to the south or further back from the street.   Mr. Hanson recommended that a silt fence be erected south of the proposed construction to prevent erosion. Acting Chairman Todd Horton closed the public hearing at 7:00 PM.  After due discussion, a motion was made by Will Seiler and seconded by Joseph Wedel to recommend to the Council that the request for a variance by Dennis Stang, 540 Church Avenue, to relax the front yard set back of twenty-five (25) feet to allow for the construction of an 32’ X 38’ addition to his existing home be approved as per the following:

-        Twenty five (25) feet front yard set back be reduced to one (1) foot.

-        Silt fence to be installed on south side of property.

-        No part of the addition or steps shall be located in City Right of Way (Church Ave).

-        Property pins shall be exposed before any construction is to begin on property.

-        Severe slope or hill prevents property owner from meeting set backs.

All voted for the motion and it carried.

Harold Desautel and Angie Miller, Preferred Controls, Inc., Albany, MN, were present for the meeting.

               Mr. Desautel presented to the Commission members a revised site plan prepared by SEH, Inc. St. Cloud, MN, dated June 28^th for the construction of a new 8,000 square foot building at 460 Huskie Drive in the Albany Business and Industrial Park which included employee parking, driveway access, curbing, storm water system and bituminous parking lot.  Mr. Desautel noted that he is not in favor of a proposed second driveway access and recognizes that it would not be appropriate for the semi-truck to back out of his property on to Huskie Drive, but slight modifications to the design or layout to the area south of his building would allow for the semi-truck to back in this area for a turn around.   Mr. Desautel also noted that during the design of his site plan, this property has been very difficult to develop due to one-half of the property being designated as protected wetland.  Mr. Hanson appeared before the Commission to inform the Commission that he has reviewed the site plan and presented the following issues that will need to be addressed:

1. It is recommended that the site meet the parking requirements as stated in the Zoning Ordinance.

2. It is recommended that the turning radius for delivery vehicles (semi tractor– trailers) be verified within the property limits.

3. The parking lot adjacent to Huskie Drive extends into the 10-foot drainage and utility easement.  The Owner should be aware of the potential risk of building a parking lot within the drainage and utility easement.  In the event an entity needs to gain access to the drainage and utility easement, the Owner may be required to pay the cost of the removals and replacement to facilitate access.

4. It is recommended that the retaining wall material be approved by the Association.

5. Care must be used while connecting to the existing storm sewer system and when removing existing curb and installing the new driveway apron.  Any damage to existing infrastructure shall be repaired by the Owner.

6. A Subdivision Registration application (MPCA Stormwater Permit) will need to be completed and sent into the MPCA.  This application is designed to allow a Permittee (City of Albany) to transfer the NPDES Stormwater Construction Permit for a portion of a site to another party without reapplying for permit coverage.   There is no fee for this application.  The current permit has a listed project name of “2005 Albany Business/Industrial Park” and the permit number is “C0016391”.  A copy of this application will need to be submitted to the City for verification.

Mr. Hanson commended Mr. Desautel for his cooperation in providing the appropriate information for his site plan review.   Mr. Hanson noted that this lot is very difficult to develop due to the large dedicated wetland on the property and storm water may not be discharged directly into this wetland and Interstate 94.  Mr. Hanson also informed the Commission that when the plat was approved for the commercial lots north of CR 156, no individual storm water holding ponds would be required for each lot because one regional storm water holding pond was created allowing each lot to easily tie into the existing storm sewer system. Mr. Hanson noted that storm sewer stubs are provided on each lot.   Mr. Hanson also noted that the regional pond allowed more building land on each lot and design of such was approved by Roger Dowell, the Developer.   After due discussion, a motion was made by Will Seiler and seconded by Joseph Wedel to recommend to the Council that the site plan dated June 28, 2007 be approved based on the following conditions:

-        If the width of the proposed driveway on east side of property is not wide enough to accommodate a semi-truck, it may be increased.

-        May eliminate second driveway on west side of property.

-        Entire parking lot to be paved with curb/gutter.

-        Wetland, approximately 39,000 sq. ft., adversely affects adequate development of site.

-        Only 20,000 sq. ft. buildable on lot.

-        Sixteen (16) off street parking spaces are shown with four (4) or five (5) more in front of warehouse/office overhead garage doors.

-        All issues (1 – 6) noted in Mr. Hanson’s letter dated June 19^th shall be met.

All voted for the motion and it carried.

               Mr. Schneider informed the Commission that the topography or grade changes for those properties abutting Interstate 94 is quite different and noted that the following excerpt of the Zoning Ordinance (Signs C2 Zone) may need to be amended to reflect the grade changes:

-        Freestanding signs within 500 feet of a controlled access freeway including entrances and exits may be installed to a height of 75 feet or 25 feet above freeway grade, whichever is less. Freestanding signs shall meet setback requirements and the principal purpose of such signs must be to address freeway traffic. Such signs must be freestanding only.

Mr. Schneider noted that in some cases where the grade of the Interstate is located below the adjoining properties, it’s of his opinion that no free standing sign would be permitted and recommended that the text be amended.  Acting Chairman Todd Horton, with the consensus of the Commission, informed Mr. Schneider that a variance may be considered for those specific circumstances.

               Acting Chairman Todd Horton adjourned the meeting at 7:45 PM.  

Tom Schneider

Clerk/Adm.