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PLANNING
COMMISSION MEETING
MINUTES OF
TUESDAY, JULY 14, 2009
Pursuant to due
call and notice thereof a meeting of the Planning Commission in
and for the City of Albany, Stearns County, Minnesota, was
called to order by Chairman John Harlander at 6:35 o’clock in
the evening on Tuesday, July 14, 2009 in the Council Room at 400
Railroad Avenue for the said City.
Other Planning
Commission members present for the meeting were: Joseph Gilk,
Todd Horton, and Joseph Wedel. Commission member Will Seiler
was absent. Councilor John Greer, Planning Commission Liaison,
was also present for the meeting.
Chairman John
Harlander called for any additions or corrections to the minutes
of June 11, 2009 and hearing none declared the said minutes
approved.
Stan Hanson, City
Engineer, John and Nida Feiler, 39386 205th Avenue,
Joyce Winter, 231 3rd Street, John and LuAnn
Peternell, 35747 Co. Rd. 10, Joyce and Roy Kohorst, 406
Highlands Drive, and Bryan Schiffler, 401 Railroad Avenue, were
present for the meeting.
Mr. Schiffler,
owner of the property at 401 Railroad Avenue, appeared before
the Commission to inform the Commission that John and Nida
Feiler will be opening a new special coffee, soup, sandwich, and
ice cream business named The Village Bean at 401 Railroad Avenue
(mainstreet) and questioned if permission would be granted to
allow tables and chairs to be set up on the public sidewalk.
Mr. Schneider noted that several years ago the City had denied a
request from an owner of a restaurant who had requested tables
and chairs to be erected on the sidewalk because of safety
issues related to pedestrian travel, sidewalk cleaning, snow
removal, etc. Mr. Feiler noted that the tables and chairs would
be removed during the winter months and no issues were ever
encountered in Avon nor permits issued when they operated their
business in Avon. Mr. Schiffler noted that if tables and chairs
on a small scale were permitted, it would present an opportunity
for customers and visitors to stop by and visit which may
actually attract folks to the mainstreet. Mr. Horton informed
the Commission that if specific regulations could be drafted
regarding the placement of tables and chairs on public
sidewalks, it may be something that will attract more folks to
mainstreet and provide a nice amenity to the business as long as
pedestrian safety, cleaning the sidewalk, and maintaining safe
travel maintained. Chairman John Harlander, with the consensus
of the Commission, directed Mr. Schneider to visit with other
nearby cities that allow table and chairs on public sidewalks
and to prepare proposed regulations for review and consideration
at the next meeting.
Pursuant to due notice, at 6:55
PM, Chairman John Harlander called the public hearing into
session on a request by John Peternell, J &
L Supply, LLC, 1241 Co. Rd. #10, Albany, MN, for a variance to
relax the off-street parking space requirements pursuant to
Ordinance 80.10, Subd 4 (r), and 80.10, Subd. 4 (t) to allow for
the construction of a new retail building within a Highway
Commercial (C2) Zone. Mr. Schneider
noted that a proper notice was published in the Stearns Morrison
Enterprise on June 30th, posted, neighbors notified by mail, and
no written comments were received. Mr. Schneider informed
the Commission that a portion of the parking lot will be paved
and the remaining surface constructed as an aggregate base. Mr.
Schneider noted the B618 curb shown on the north and western
boundaries adjacent to the County Road will not be installed and
the curb around the building will be B612. Mr. Schneider also
noted that the site plan depicts 65 parking stalls and 87
parking stalls are required based on the square footage of the
proposed building and attached warehouse/shop. Mr. Schneider
informed the Commission that additional parking spaces may be
provided on the aggregate base east of the warehouse/shop
increasing the total parking spaces near 80, but none are shown
on the site plan. Mr. Peternell questioned the current language
in the Zoning Ordinance for off-street parking required for
retail businesses within a Highway Commercial (C2) Zone to be
too excessive considering the location of Albany and how
business operations have changed. Mr. Greer noted that there is
ample property available on the site to enlarge the parking lot
if parking becomes an issue and has no objection to the proposed
parking spaces layout. Mr. Hanson appeared before the
Commission to discuss his engineering comments outlined in a
memorandum dated July 13th regarding the grading and
drainage plan prepared by I & S Engineering, Mankato, MN on
behalf of John Peternell. Mr. Hanson noted that the
hydrology information was calculated based on the building,
parking lot, and grass areas as shown on the site plan. Mr.
Hanson also noted that if additional buildings are constructed
on the site or if the parking lot is enlarged, the capacity of
the stormwater holding pond may be adequate, but calculations
verifying the hydrology requirements will need to be submitted
to the City to assure compliance with MPCA regulations. Ms.
Winter informed the Commission that the location of the silt
fence on the southern portion of the property is incorrect
because concrete and trees have already been removed. Chairman
John Harlander closed the public hearing at 7:30 PM. After due
discussion, a motion was made by Joseph Wedel and seconded by
Todd Horton to recommend to the Council that the request by John
Peternell, J & L Supply, LLC, 1241 Co. Rd. #10, Albany, MN, for
a variance to relax the off-street parking space requirements
pursuant to Ordinance 80.10, Subd 4 (r), and 80.10, Subd. 4 (t)
to allow for the construction of a new retail building within a
Highway Commercial (C2) Zone and site plan (grading and
drainage) be approved as per the following finds of fact:
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Contour of site or elevation challenges.
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Additional parking spaces may be added on the aggregate
base east of the warehouse/shop without enlarging parking lot.
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No adverse impacts to City easements and services.
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Site is large enough to provide future parking space if
business is successful and expands without causing a parking
burden for adjacent properties
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If curb is removed on north and west side of parking lot,
no storm water is permitted to flow in to the county ditch along
Co. Rd. #10. Slight modifications to be made to grading of
parking lot to comply.
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The building must utilize existing water and sewer
services stubbed to the property and no new water and sewer
services will be allowed to be connected directly to the main
lines.
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The location of the 18” pipe for the pond outlet will
need to be a minimum 20’ west of the eastern property so that
the excavation for the placement of the pond outlet pipe does
not disturb the property (MN DOT) to the east.
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The lighting plan shall meet the dark sky equivalence.
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Clearing, grading, and excavation, that disturbs land of
equal to or greater than one (1) acre will require the property
owner to obtain a permit from the MPCA to discharge stormwater
associated with construction activity which copy to be forwarded
to the City.
All voted for the motion and it
carried.
Mr. Schneider informed the
Commission that a week or so ago, a resident submitted a site
plan to the City for a 6’ fence installation on an irregular lot
in The Highlands which would have been located at the corner of
the garage across the front yard to a point of beginning of the
side yard nearly 92’ in length. Mr. Schneider noted that the
proposed fence installation was reviewed by the City attorney
and it would have been allowed as presented under the current
fence regulations of the Zoning Ordinance. Mr. Schneider also
noted that several residents in the neighborhood contacted him
strongly objecting to the Zoning Ordinance fence regulations and
questioned why the City would allow a 6’ fence across the front
of a property which in their opinion would reduce their home
values and character of the neighborhood. Mr. Schneider
informed the Commission that Lumber One of Avon, the developer
and final authority for the neighborhood association committee,
instructed the property owner that a 6’ fence would not be
permitted across the front yard of their property, but
arborvitaes would be permitted which were set back at a greater
distance than the Ordinance required. Chairman John Harlander,
with the consensus of the Council, noted that no changes would
be considered for the fence regulations at this point in time.
Chairman John Harlander adjourned
the meeting at 7:40 PM.
Tom Schneider,
Clerk/Adm.
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