Planning Commission Meeting-August 13, 2018

Crow Wing Township Planning Commission Meeting
August 13, 2018 6:00 PM

Commission Members Present: Brad Arnold (Chair), Dan Lee, Linda Schuety, Paul Stephany, Justin Burslie (Planning & Zoning Administrator), Doug Kern (Township Supervisor), Duane Ruona (Town Clerk).

Brad called the meeting to order at 6:00 PM and the pledge to the flag was recited.

There was a public hearing for Rezoning Application 18-4589 to rezone a seven-acre tract from Agricultural/Forestry to Rural Residential 2.5.

Property Owner/Applicant: Lawrence Ostrowski

Property Description: The subject property is located at 9671 Ostrowski Way. PIN 540161300DAA009

Purpose: The applicant is requesting to rezone the subject property from Agricultural Forestry (35-acre minimum lot size) to Rural Residential 2.5 (2.5-acre minimum lot size).

Background: The applicant is proposing to rezone a seven acre tract Agricultural/Forestry to Rural Residential 2.5. The subject property is located at 9671 Ostrowski Way and contains a single family dwelling, various accessory structures, private water well and a private sewer system (no current inspection). The subject property is adjacent to other Rural Residential 2.5 property (east), Agricultural/Forestry property (south & west) and Commercial 1 (northeast). The future land use map identifies the subject property as Neighborhood Residential

Brad brought up that the properties will be sharing an access and the easement should be recorded. Justin will remind Mr. Ostrowski of this. The Business Highway 371 corridor future use was discussed. Justin brought up that the subject property is adjacent to Business Highway 371 and adjacent to commercial property. The township has experienced some commercial development along the Business Highway 371 corridor (northeast of the subject property) and may want to consider the long-term land use of the subject property and the surrounding property. One comment was received that had no objection to the rezone.

Staff Findings: Staff offers the following findings for consideration by the Planning Commission:

1. The subject property is located at 9671 Ostrowski Way (PIN 540161300DAA009) and is currently zoned Agricultural/Forestry.
2. The subject property is seven acres and contains a single family dwelling and multiple accessory structures.
3. The subject property is pre-existing. It does not meet the minimum lot size requirement of the Agricultural/Forestry Zone (35 acres).
4. The subject property is suitable for development in general conformance with the Rural Residential 2.5 land use district.
5. The reclassification will not alter the character of the properties in the immediate vicinity of the subject property.
6. The reclassification will not impact the health, safety, and general welfare of the public.
7. The subject property meets the minimum lot requirements of the Rural Residential 2.5 land use district.
8. The rezoning of the property will not create any non-conforming structures.
9. The subject property is adjacent to other Rural Residential 2.5 property (east), Agricultural/Forestry property (south & west) and Commercial 1 (northeast).
10. Rezoning of the property is in conformance with the Comprehensive Plan as the future land use map identifies the subject property as Neighborhood Residential.

Linda made a motion to recommend the application be approved by the Town Board with the above ten findings of fact and contingent on the existing SSTS being inspected by August 28, 2018. Dan seconded, motion passed.

There were no additions or deletions to the agenda.

There were no comments under Open Forum.

Doug made a motion to accept the minutes of the July 9, 2018 meeting as written. Seconded by Dan. Motion passed.

Under New Business the Fletcher Trucking Property proposed wood chip dryer was discussed. Shawn Fletcher and Trevor Hanson were present to discuss the proposal. The dryer would be located near the current building and would run 24 hours a day. The wood chip dryer is not currently classified under the ordinance. Justin stated that the property may need to be reclassified from Commercial 2 to Light Industrial if the process is considered light manufacturing. Because there are residential properties nearby, that may not be a good classification. The dryer is currently located in an industrial park in Green Lake Township near Spicer, MN on 3.8 acres. It doesn’t need an MPCA permit because it falls below the required threshold for monitoring. The dryer would produce 240 tons per 24 hours (10 truck-loads). Fletcher currently hauls 32 truck-loads of woodchips to Spicer each 24 hours. One possibility would be to amend the current ordinance to allow interim or conditional use permits within the Commercial 2 classification. Shawn and Trevor will be present at the next Town Board meeting to request the Commercial 2 zone be amended to include interim or conditional use permits. Justin will forward the information from tonight's meeting to the Town Board.

The Big Wood Enterprises Conditional use permit was reviewed. A letter was sent to them after the last Planning Commission meeting concerning violations of conditional use permit 09-3407. Dave LePage was present to discuss the situation. Of the original 14 items on the permit the items in violation for the Greenwood Street property were:

2. Storage may be stored up to the fence where said fence exists. Where fence terminates there shall be a 30 foot setback from property line where no storage shall exist. Where the fence is in place no further vegetation needs to be planted. All vegetation in the area where no fencing exists shall be maintained at a 75 percent density in leaf on conditions.
3. The setback from Greenwood Street shall be 35 feet. There shall not be any storage located in this area.
4. There shall not be any storage located in the parking spaces or loading zones as identified on the site plan. There shall not be any storage in the identified emergency routes.
6. The landscaping and drainage areas shall be maintained in perpetuity. Any plantings that may die or be destroyed must be replaced.
7. There shall be no tarping of stored materials.
10. The outside storage shall not be stored in piles any higher than 13 feet and shall be stacked in a neat and orderly fashion.

The property adjacent to Brian's Way (no physical address, PIN 561160020100009) is in violation of Section 45.9, "Other Junk/Salvage Standards" of the Crow Wing Township Land Use Ordinance. The exterior storage of stacked materials and other various items on the property have been declared a public nuisance and shall be relocated inside a structure or moved off the property. The deadline to resolve the issues is August 24, 2018.

Dave said they are replacing the wood burning boiler system with a new unit to reduce the smoke emissions. The business is growing, there are more employees, and parking has become a problem at times. They are currently bringing in gas to the Westwood building to heat it, so they can do work in that building. Dave can resolve the issues on the Greenwood Street property by the deadline. He stated it will take longer at the Westwood property. Brad suggested that the deadline to resolve the Westwood (Brians Way) property be within 45 days.

Under Old Business the Chad Jillson violation was discussed. No new information has been received from attorney Dan Hawley. The clerk will send Mr. Hawley a request for information on the progress of the legal proceedings. There has been no activity on the Engholm property. Crow Wing County will own the property once the forfeiture process is complete. The Wade Tomberlin violation was discussed. Brad, Dan and Paul will do an inspection within the next week to 10 days. The Neelan property violation was discussed. There is a new shed on the property that is too close to the property line.

Permit activity since the last meeting was discussed. Seven new permits have been received. Three are for new accessory structures, one deck addition and two are for additions to commercial structures and one is a new single family dwelling.

Dan made a motion to adjourn, Linda seconded, meeting adjourned at 8:25 PM.

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