Minutes of the Dodge County PLANNING COMMISSION MEETING May 1, 2013

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1 Minutes of the Dodge County PLANNING COMMISSION MEETING May 1, 2013 The regular meeting of the Planning Commission was called to order by Richard Wolf at 7:00 PM on Wednesday, May 1, Present were Planning Commission members Harlan Buck, Jon Balzum, Galen Johnson, Walter Wyttenbach, Gene Hallaway, Richard Wolf and Darren Durst. Also present were County Commissioner Dave Erickson, Steve Gray, Lyle Tjosaas, and Zoning Administrator, Melissa DeVetter. Motion by Harlan Buck, seconded by Galen Johnson, to approve the agenda and the April 3, 2013 minutes. Michael Marti - IUP #13-03 The first public hearing is to consider an application for an Interim Use Permit to allow a dwelling on less than 35 acres in the Urban Expansion District. The proposed parcel will be a 5.38 acre split from acres and is located in the NE 1/4 of the SE 1/4 of Section 33, Mantorville Township. Michael Marti is the applicant and Don Marti is the property owner. Michael Marti was present to explain this proposal. The plan is to split off land from his dad property to build a home. Melissa DeVetter stated that this proposal is in the urban expansion district of the City of Kasson. Since this parcel is adjacent to the city and there is an industrial zoning to the north the City of Kasson was contacted to see if there would be any issues. The City of Kasson indicated to Ms. DeVetter that they have no objection to this proposal. Kevin Dohrmann, Mantorville Township has no objection to this proposal. Motion by Harlan Buck, seconded by Daren Durst, to close the public hearing. Galen Johnson inquired if they were going to share the driveway that comes off of the dead end road. Michael Marti stated yes, they will be sharing the driveway that comes off of 250 th Ave, which runs north and south. Originally they were going to have separate driveways, but since have decided to go with one driveway with an easement allowing access. 1

2 Walter Wyttenbach stated that he had a concern with this proposal being in the urban expansion district, but since the City of Kasson has signed off then it is not an issue. Galen Johnson stated he concurs. Daren Durst inquired if there was a law on how far apart or how close driveways could be. Melissa DeVetter stated that they have to be five feet from the property line. Daren Durst inquired if the two driveways that were originally proposed were too close. Melissa DeVetter stated that the county ordinance does not address this. The township might, but the Highway Department does have rule on how far apart the driveways can be. The driveway will have to be improved to meet the county zoning standards if they do share the same access. Motion by Galen Johnson, seconded by Walter Wyttenbach, to recommend approval of the Findings of Facts and Recommendations of the agenda report with the following conditions: (The permittee is put on notice that the violation of any of the conditions of the IUP may result in termination of the permit. 1. The Ag Covenant shall be signed and recorded prior to issuance of the Zoning Permit. 2. Dodge County Zoning Permit shall be obtained before construction. 3. The sewage treatment system must meet the requirements of Dodge County's Subsurface Sewage Treatment Ordinance No. 4, or successor. A Dodge County Sewage Treatment System shall be obtained prior to issuance of the Zoning Permit. 4. A Driveway Permit shall be obtained from Mantorville Township. Keith L. Cooper IUP #13-04 The second public hearing is to consider an application for an Interim Use Permit to allow a Limited Rural Business in the Agricultural District. The parcel is 10 acres located in the NW ¼ of the SW ¼ of Section 11, Ashland Township. Keith L. Cooper is the applicant and property owner. Keith and Linda Cooper were present to explain this proposal. The plan is to open a business / event center for variety of rental activities or as gathering place. This will be out of their barn and granary. This will allow people to come onto Mr. Cooper s place and the renter will be the host of the event. Jim Checkel, Ashland Township had no objection to this proposal. 2

3 Motion by Harlan Buck, seconded by Daren Durst, to close the public hearing. Melissa DeVetter stated that the Findings of Fact address all of the preference standards for Rural Limited Business. The concern primarily would be how close the nearest dwellings are, which is right across from Mr. Cooper s property. The conditions that are attached to the permit would be conditions that would help from the impact of the noise that could be heard beyond the property line and the dust from traffic. The other issue could be the proposal of having alcohol on site. The Finance department handles certain licenses for alcohol within the county. Ms. Marquardt stated in her memo that there are two ways of selling alcohol at an Event Facility. The first is as a non-profit organization with a temporary license and the second way is a Caterer s Permit. Her memo is included in the packet. The Sheriff and the County Attorney where also contacted because they would be the departments that would have to deal with the issues. The County Attorney did not comment on this. The Sheriff indicated that he did not have any issue with it. Ms. DeVetter addressed the parking and how the traffic flow should go. The primary parking will be to the north with the overflow to the south with each exiting away from the dwelling. The applicant proposed port-a-potties with the understanding that if any gray water was created then a septic system would have to be installed to handle it. Keith Cooper stated that they will be keeping his residents driveway clear for emergency equipment. Also any amplifiers for the music will either be inside the barn or facing the barn to keep the noise from leaving the property. Mr. Cooper covered the agreements that he has with the neighbors for the driveway access. Melissa DeVetter stated that one other item that came up was from Mark Gamm, Environmental Service Director, the handling of the waste. Mr. Cooper will have to follow the Solid Waste Ordinance and make sure that their contractors do too. Galen Johnson stated that he knows Mr. Cooper quite well and wanted it on the recorded that he has no interest in his business and will be voting. Mr. Johnson would like to see language added to condition #12. The way the language reads now the applicant could be out of compliance by using the word shall and is arbitrary and someone might never be satisfied. Mr. Johnson recommends that it reads; the owner shall to their best and reasonable ability ensure that dust is controlled to the satisfaction of Ashland Township and the adjacent property owner. A motion by Walter Wyttenbach, seconded by Harlan Buck, to recommend approval of the Findings of Facts and Recommendations of the agenda report with additional language of; to the best and reasonable ability to condition #12 and with the following conditions: (The permittee is put on notice that the violation of any of the conditions of the IUP may result in termination of the permit. In the event the permit is terminated, the business shall be required to cease until the applicant re-applies for and obtains a new IUP.) 3

4 1. Operation will comply with all local, state, and federal regulation regarding the proposed use of the property. 2. The permittee, event host, all subcontractors and/or any employee working for the permittee, event host, or subcontractor shall be properly licensed and/or permitted by the State for all event activities and services provided on the site. 3. The permittee shall keep a log of all scheduled events on site. The log shall include the type of event, event host contact information, date of event, hours of the event and temporary permit number (if non-profit) or license number of the caterer, when alcohol is involved as part of any event. In addition, the permittee shall notify the Dodge County Sheriff s Office prior to any catered event. Notification shall include the information required in the event log. 4. The permittee(s) shall be on site during all scheduled events. 5. The Ag Covenant shall be signed and recorded prior to the first scheduled event. 6. The driveway and adequate space for turn-around shall be left open to allow access for emergency vehicles during events. 7. The permittee shall obtain insurance to adequately address the risks and activities from the Limited Rural Business. A copy of the proof of insurance shall be submitted to the Environmental Services Department on an annual basis to be kept on file with the Interim Use Permit. 8. Should graywater, sewage or kitchen wastes be generated, the business must meet the requirements of Dodge County's Subsurface Sewage Treatment Ordinance No. 4, or successor and Minnesota Rules Chapter , and obtain a Dodge County Sewage Treatment System Permit, if required. 9. Owner of limited rural business shall ensure that waste generated by the business is managed in accordance to Dodge County Ordinance and MN Rule. To summarize regulations: waste must be properly stored to prevent litter; waste cannot be burned or buried on the property; recyclable materials cannot be mixed with non-recyclable waste; and all waste must be collected by a licensed hauler or transported directly to the Dodge County Transfer Station. 10. The permittee shall comply with the access requirements of Ashland Township. 11. If a sign is erected in association with a Limited Rural Business, it shall be no more than nine (9) square feet, no greater than ten (10) above grade and must be located upon the applicant s property no closer than a distance of ten (10) feet from the road right of way. 4

5 12. The owner shall ensure to their best and reasonable ability that dust is controlled to the satisfaction of Ashland Township and the adjacent property owner. 13. To mitigate dust, noise and vibration impacts to the adjacent dwellings, traffic exiting the north (primary) parking lot shall be directed north on 200th Avenue and traffic exiting the south (overflow) parking lot shall be directed south on 200th Avenue. 14. The business shall comply with the Nuisance and General Health, Safety, and Welfare Standards of Chapter 17. Complaints shall result in review of the IUP by the Planning Commission and may result in amendment or termination of the permit, depending upon the severity of the issue. 15. Operation of the event facility shall not exceed two events per week and four events during the off season, as indicated by the applicant in the agreement. 16. Any change involving the addition or conversion of new business related structures, addition of employees, beyond that specified in the Home Occupation Agreement/application on file with the IUP, enlargement, structural alteration, modification or addition, intensification or change to the Limited Rural Business shall require an amendment to the IUP. Other Business Melissa DeVetter stated that Mr. McNeilus has submitted a request for a one year extension on IUP# Motion by Harlan Buck, seconded by Jon Balzum, to recommend approval of one year extension. I.U.P. #12-02 would be extended from June 12, 2013 to June 12, 2014 with the following conditions: 1. The Ag Covenant shall be signed and recorded prior to issuance of the Zoning Permit. 2. Dodge County Zoning Permit shall be obtained before construction. 3. The sewage treatment system must meet the requirements of Dodge County's Subsurface Sewage Treatment Ordinance No. 4. A Dodge County Sewage Treatment System shall be obtained prior to issuance of the Zoning Permit. 4. Adequate erosion control measures shall be implemented during any land disturbing activities to ensure that the adjacent watercourses are not impacted by sediment. 5. An address shall be obtained from the Dodge County Highway Department. Motion passed unanimously 5

6 Melissa DeVetter stated that Brian & Cassi Garness has submitted a request for a one year extension on IUP# Motion by Galen Johnson, seconded by Daren Durst, to recommend approval of one year extension. I.U.P. #12-04 would be extended from July 24, 2013 to July 24, 2014 with the following conditions: 1. A Dodge County Zoning Permit shall be obtained before construction. 2. The Agricultural Covenant shall be signed and recorded in the Dodge County Recorder s Office prior to construction. A copy of the recorded document is required to be submitted to the Dodge County Environmental Service Department to file with the IUP. 3. The sewage treatment system must meet the requirements of the Dodge County s Subsurface Sewage Treatment Ordinance No 4. Motion passed unanimously Melissa DeVetter gave a brief explanation about the memo that was passed out to the Planning Commission from Mark Gamm, Environmental Service Director pertain to Land Use at the Dodge County Landfill. Melissa DeVetter informed the Planning Commission that there will not be a June meeting. Ms. DeVetter inquired that since the meeting in July was on the 3 rd and the 4 th of July holiday was the next day would the Planning Commission prefer to move the July meeting to the following Wednesday, the 10 th. A motion was made by Walter Wyttenbach, and seconded by Jon Balzum to move the July Planning Commission meeting to July 10 th at 7:00P.M. Motion passed unanimously Adjourn Motion by Daren Durst, seconded by Jon Balzum, to adjourn. Motion passed unanimously. The meeting was adjourned at 7:40 P.M. 6