Planning Commission Minutes

CITY OF VICTORIA
REGULAR PLANNING COMMISSION MEETING
OCTOBER 20, 2009

MEETING

Pursuant to due posted and mailed notice thereof, the Victoria Planning Commission met on October 20, 2009, at 7951 Rose in the Council Chambers.

Chair Simanton opened the meeting at 6:30 p.m.

Members Present: Chair, Gordy Simanton; Commissioners: James Donadio III, Grant Peterson Michelle Siegert and Tom Vogt.

Members Absent: None.

Others Present: Community Development Director, Holly Kreft; Councilmember Tom O'Connor.

A. Adopt Agenda

A motion was made by Vogt, seconded by Peterson, to adopt the agenda. Vote: 5 Ayes, 0 Nays. Motion Carried.
 

#2 APPROVAL OF MINUTES:

A. Minutes of the September 1, 2009 Planning Commission Meeting.

A motion was made by Donadio, seconded by Simanton, to adopt the minutes. Vote: 5 Ayes, 0 Nays. Motion Carried.

B. Minutes of the October 6, 2009 Planning Commission Meeting.

Commissioner Vogt said the fourth paragraph from the bottom of page four to read: Ms. Kreft noted that under the subject boat docks the current language prohibits any new boat docks within the City of Victoria.

A motion was made by Simanton, seconded by Peterson, to adopt the minutes as amended. Vote: 5 Ayes, 0 Nays. Motion Carried.

C. Review Minutes of the September 28, 2009 City Council Meeting.

The above minutes were reviewed.
 

None.
 

Ms. Kreft noted that additional language was added to the purpose of the article. She said there was a change to the language under golf courses and in addition to accessory apartments there was a change to address accessory structures. Commissioner Seigert clarified that the intent of an accessory apartment is not to use half of it for storage. Ms. Kreft said this is specific to an accessory apartment within an accessory structure.

Ms. Kreft stated that based on review of the existing language she is proposing to change private clubs and lodges organized as nonprofit corporations to banquet facilities.

Ms. Kreft said that based on conversation with the City Administrator he asked for reconsideration the second condition of the off-sale alcoholic beverage sales. She noted that what is being proposed is those uses cannot be within 300 feet of an entrance of a school, place of worship or daycare facility.

The Planning Commission discussed private clubs and lodges. Ms. Kreft said conditional use permits are usually those with a more intense use of the property.

Commissioner Vogt stated Victoria has a very small central business district and it would be very restrictive and unreasonable to not allow off-sale liquor sales within 300 feet of an entrance of a school, place of worship or daycare facility. Chair Simanton asked if there are restrictions for a daycare use to not be able to be by an off-sale liquor establishment. Ms. Kreft said no. Commissioner Siegert asked about the businesses already in place. Ms. Kreft said the existing businesses would be grandfathered in. Chair Simanton said if the 300 feet is required on the off-sale liquor establishment side it should also be on the other side. Ms. Kreft explained that these types of uses have a setback but it is not usually reciprocal.

Ms. Kreft asked for discussion on funeral homes. She said the zoning ordinance does not currently allow for funeral homes in any district. Commissioner Vogt said what he has seen in other communities is for a funeral home to be in an agricultural zone out of town because there are no parking issues. He said he thought funeral homes should be allowed in the central business district or agricultural districts.

Commissioner Siegert noted that sometimes when churches sell they market to funeral homes.

Chair Simanton asked about cremation services in funeral homes. Ms. Kreft said funeral homes don't have to have a cremation service. Chair Simanton said there should be an option of including a cremation service or not including it.

Ms. Kreft said the next topic is mini-storage. She said the zoning ordinance does not currently allow for mini-storage in any district. Chair Simanton asked for a definition of mini-storage. Ms. Kreft said a definition was added in the definition section. Chair Simanton asked if there is anything that addresses the pods that sit in the driveway. Ms. Kreft said they don't and that would be under a separate section.

Commissioner Siegert said that when she was reading about mini-storages there were towns that had to limit the number of storage facilities.

Chair Simanton noted that County Road 10 and 11 would be a good area for a mini-storage facility.

The Planning Commission talked about the aesthetics of mini-storage. The consensus was to allow mini-storage in the future commercial district.

Ms. Kreft said she has five questions related to home businesses:

1. Should contractor's yards and landscaping businesses be: prohibited, limited to the agricultural district, or limited to large lots in residential district.

Commissioner Donadio asked for a clarification of what a contractor's yard is. Ms. Kreft said if they own a general contracting business and they operate that out of an accessory structure or garage. Commissioner Donadio commented on the traffic and vehicles parked everywhere. He asked about existing businesses. Ms. Kreft said they would be grandfathered in if they currently meet all the regulations. The consensus of the Planning Commission was to allow this in only the agricultural district. Ms. Kreft noted that within the agricultural district it would be an interim use.

2. Should employees from outside of the home be permitted?

Commissioner Donadio clarified that additional employees would need to be addressed in a conditional use permit under the current rules.

Commissioner Peterson asked if Ms. Kreft knew of other communities that had one and went back to no employees because of problems. Ms. Kreft said she didn't believe so.

Commissioner Vogt said he thinks Minnetonka's makes the most sense allowing one employee with an interim use permit. The Planning Commission agreed.

3. Should the home businesses be permitted in accessory structures?

Commissioner Peterson said he doesn't think it is a good idea to allow a structure to be built for a business because it would be harder to regulate and there would be additional traffic. The Planning Commission agreed that home businesses should not be permitted in accessory structures.

4. Should retail sales associated with the home occupation be permitted?

Ms. Kreft provided an example of a home-based salon. Commissioner Donadio asked about an eBay business. Ms. Kreft said eBay would not fall under this category and usually it deals specifically with retail sales of products either manufactured or produced on site or directly related to the principal use of the home business. The Planning Commission decided to go with retail sales made on premises or incidental to the permitted service. Commissioner Siegert said her concern is there could still be a large volume of things made on site and suggested having other conditions assigned to the sales made on premises or incidental to the permitted service. Ms. Kreft clarified that it would be sales requiring an interim use permit.

5. Should exterior signs be permitted?

The Planning Commission agreed on not permitting exterior signs.

Ms. Kreft said she will draft the language and there will be two types of homes businesses; those that have no impacts and those that have minor impacts.
 

Councilmember O'Connor commented on a flier handed out regarding the possible closure of 86^th Street. He noted the discussion started around a speed study. Ms. Kreft said this issue will be back to the City Council at the first meeting in November with recommendations for a solution.
 

Commissioner Siegert commented on the accessory apartments and said there should be a condition that the property owner must occupy living units.
 

A motion was made by Simanton, seconded by Vogt, to adjourn the meeting at 7:21 p.m. Vote: 5 Ayes, 0 Nays. Motion carried.
 

Respectfully submitted,

Tanya Schmieg
TimeSaver Off Site Secretarial, Inc.