09-29-1998 PC MIN - SPECIAL - Laserfiche WebLink

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Planning Commission Minutes September 29, 1998 Page 2 . COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4. Consider 8/25/98 Plannina Commission Minutes COMMISSIONER THOMPSON MOVED TO APPROVE THE AUGUST 25, 1998, MINUTES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 5. Planninq Commission Reoresentative to Attend 10/19/98 City Council Meetinq Commissioner Cote will attend the October 19, 1998, City Council Meeting. 6.1. Reauest by City of Elk River for Ordinance Amendment Reaarding Parkin a of Semi Trucks/Trailers, Public Hearing Case No. OA 98-5 . Staff report by Laurie Mezera-Kerr, Environmental/Code Enforcement Officer. The City Council has requested that the Planning Commission review and hold a public hearing for an ordinance amendment to the Public Nuisance Ordinance regulating semi-tractors and trailers in residential and A-1 Districts. Laurie reviewed the existing and proposed ordinance, as well as ordinances of other cities. She explained that the proposed ordinance would restrict parking of semi trucks in the urban service district. Laurie indicated it would not be feasible for a semi tractor to be kept inside a storage building in most of the urban residential areas, since the ordinance does not allow accessory structures over 15 feet in height. She noted that the R 1 a and A 1 districts allow up to 22 feet in height. The City Attorney has indicated that existing situations where an operator stores a semi tractor/trailer on his property would not be "grandfathered in", since this is a nuisance issue, rather than a land use issue. Commissioner Schuster indicated the survey information in the memo only addressed residential and not the A 1 zoning in other communities. Commissioner Kuester asked if any of the other cities addressed parking of more than 1 semi tractor. Laurie indicated there was no information on the number of trucks allowed. Commissioner Thompson questioned why the noise and odor cannot be addressed through the nuisance ordinance, rather than a conditional use permit. Laurie indicated that the city has not been successful in enforcement through the nuisance ordinance. She explained that currently, neighbors complain to the police department. Usually, by the time an officer arrives, the problem has stopped and when she gets calls the next day, there is nothing she can do. Laurie explained that the proposed ordinance would state that the trucks would not be allowed in the urban service area. In the R 1 a and A 1 zones on a five-acre parcel, there would be fewer neighbors to contend with and the likelihood of complaints would be less. If the site was in a development or less than 5 acres, the conditional use permit public hearing process would allow the neighbors an opportunity to comment on the operation of the equipment. Vice Chair Cote opened the public hearing. . Walt Krause, 19425 Ogden Street, stated he is the owner of a semi truck and lives on 5 acres. He stated he has had no complaints from the neighbors about his