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PCM19870317CITY OF MUSKEGO PLAN COMMISSION MINUTES OF PLAN COMMISSION MEETING HELD ON March 17, 1987. Mayor Wayne Salentine called the meeting to order at 7:OO P.M - PRESENT Chairman Wayne Salentine, Edward Raimann, Jerald Hulbert, Alderman Frank DeAngelis, Secretary Les Constantineau Dr. Peter Parthum, Jack Schmidt and Zoning Officer Gerald Lee. -~ MINUTES Mr. Hulbert moved to approve the minutes of March 3, 1987. Dr. Parthum seconded and the motion carried. - PERSONAL APPEARANCES Mr. Dave Fodroczi with the State Farmland Preservation Program explained Agricultural Transition Districts to the Plan Commission for possible consideration. Transition municipalities or urbanized areas where such lands are areas could be lands located adjacent to incorporated predominantly in agricultural or related open space use but where conversion to nonagricultural use is expected in the near future. The permitted uses and special exemptions would be the same as exclusive agriculture zoning such as exemption from special assessment for sewer and water. Upon rezoning of the transition district the assessment would be levied for area assessments could not be levied. Mayor Salentine stated improvements made at the current rate, but while in a transition of the Comprehensive Plan lands currently not in the EA district that with the amended sewer service areas and possible updating may fit in the transition category. Mr. DeBack clarified that assessment for improvements of lands in the EA district was not actually forgiven just never levied. Lands in this category would be reviewed a minimum of every five years, or upon extension of public services such as sewer and water, necessary to serve urban development. Dr. Joe Mangiamele, City Planner, submitted two maps with proposals for rezoning. RS2A zoning-17,500 square feet-minimum area was discussed along with the possible designation of OPD for specific areas. Mayor Salentine stated he would like the Plan Commission to set up a special meeting to discuss only the Comprehensive Plan on Monday, March 30, 1987 and a report would then be sent to Dr. Mangiamele with recommendations. OLD BUSINESS: YEAGER-PARKING OF TRUCKS The Recording Secretary read Resolution #36-87, Approval of Parking Dump Trucks/Tractor- seconded. Attorney Lentz representing Mr. Yaeger read petitions Lawrence Yaeger. Mr. Schmidt moved for adoption. Mr. Raimann problems with the trucks on Mr. Yaeger's property. He also from the Yaeger's neighbors which stated that they had no March 17, 1987 PLAN COMMISSION - Page 2 referred to City Attorney Molter's letter with regard to the circumstances mentioned as the area being predominantly undeveloped, the building being located on 26 acres in an area that cannot be developed in the foreseeable future. Mr. Constantineau wanted to know what this area was zoned. Zoning Officer Lee stated it was zoned R-1. Mr. Constantineau stated Mr. Yaeger could petition for agricultural zoning. Alderman Dumke spoke and stated he knew Mr. Yaeger and that Mr. Yaeger had bought the acreage to build a home on. After the purchase he found out the land would not perc and felt that a hardship case had been established. He asked the Plan Commission to reconsider their decision. Mr. Yaeger spoke and said that he indeed had purchased the land to build three homes on. After he found out property to park his trucks and farming equipment in. Dr. the land would not perc he applied to construct a barn on the Parthum questioned what a permit to construct a barn required. Zoning Officer Lee explained that a barn is permitted on this require Plan Commission approval. Mr. Constantineau questioned size acreage to store vehicles used in farming and does not Mr. Yaeger on the size and gross weight of his vehicles. Mr. Yaeger stated that empty the trucks weighed approximately 20,000 pounds and loaded approximately 60,000 pounds. He also stated he farmed approximately 16 acres of this land and this barn held the sight and that there are approximately 19 homes from Highway 24 to Mr. Yaeger's gate and three neighbor's homes within 675' from the barn. The trucks pass through this predominantly residential area with a 10,000 pound road limit on the road as spoke again and stated that a building permit had been issued the shortest route going south to Highway 24. Attorney Lentz five years ago for the construction of a barn. The barn was used for parking vehicles/farm equipment. The Yeagers' are not running a busines--no customers come in or out of the building. Trucks are allowed to go to a destination for work and pass over a road. He urged the Plan Commission to concentrate on the planning function of this request-to park trucks in a predominantly undeveloped area as stated in the ordinance. Mr. Hulbert stated he believed Mr. Yaeger knew beforehand that the area he purchased was not buildable and went ahead and constructed a barn with the idea of running a business from the building. He thought Mr. Yaeger should rezone the area to allow parking the trucks. Dr. Parthum agreed and felt that the request was misrepresented to the City. Mayor Salentine stated it would not make good sense to rezone. The area in question will not see sewers in this area for a long time-the area will remain undeveloped. The issue is should trucks be allowed to park in this undeveloped area-not to look back five years ago at what was done then. Alderman DeAngelis had the Recording Secretary read a Police report in the file. Alderman DeAn elis stat d this Eeport proved the Yaeger's were runnlng a businegs. No enForcemen equipment for farming. Alderman DeAngelis stated he had viewed I PLAN COMMISSION - Page 3 March 17, 1987 action was taken. Jeff Yaeger spoke and stated he parks the contractors and leases his truck/services working in the trucks at the site and then goes home. He works for other suburbs. Attorney Lentz spoke and stated he took offense with Mr. Hulbert's insinuation concerning Mr. Yaeger. The facts were that the City issued a building permit for a barn. The petitioner is asking approval of an existing use which is the function of the Plan Commission to act on. Attorney Lentz questioned the procedure of the police report and how it got into the file. Zoning Officer Lee stated that in order to park trucks barn to a farm is an accessory use. Dr. Parthum stated the Plan in a residential area Plan Commission approval is required. A municipal code and act accordingly. He apologized for any Commission is required to follow guidelines established by the assumption taken regarding Mr. Yaeger's purpose in constructing the barn. He stated the barn was located in a well traveled residential area. Alderman Dumke stated there would be several changes coming before Rules, Laws and Ordinance regarding the parking of trucks such as the possible allowing of one pick up truck per registered driver, one commercial vehicle over 10,000 pounds and the extension of boat lengths to 45 feet in length Mr. Schmidt moved to amend the resolution to add, "BE IT FURTHER which would be allowed to be parked in the resident's driveway. reestablish/review conditions. Mr. Raimann seconded and upon a for one year is approved to allow the Plan Commission time to roll call vote the motion to amend carried with Mr. Hulbert and Alderman DeAngelis casting dissenting votes. Mr. Raimann stated he voted as to what the ordinance called for-the parking of trucks in a predominantly undeveloped area. Dr. Parthum stated he voted for the amendment because a one year approval was more appropriate than a three year approval. Mr. Constantineau stated he felt the Yeager's were still running a business. Upon a roll call vote the motion to adopt Resolution 136-87 (As Amended) was defeated by a vote of 4 to 3 with Mr. Hulbert, Mr. Constantineau, Dr. Parthum and Alderman DeAngelis casting dissenting votes. Attorney Lentz stated City Attorney Molter had requested specific reasons for denial. Mr. Constantineau stated his reasons were ordinance states the Plan Commission may not must permit that he felt a business was being operated out of the premises; additional parking of trucks and equipment in any other district ... (Section 17.6.04 I. (c); parking of trucks for agricultural use as an accessory use -not for commercial use. Dr. Parthum stated his reasons for denial were the possible running of a business in a residential area and a violation of current weight restrictions on roadway. He read the general purpose of the ordinance is to promote health, safety .... throughout the City. Alderman DeAngelis' reason was that this area is predominantly 0 residential. Mr. Hulbert's reasons were that a barn should be used as a barn; that Mr. Yeager did not apply for a hardship use RESOLVED, That a compromise permitting the trucks to be parked - __ March 17, 1987 PLAN COMMISSION - Page 4 of this property; the structure should not be used for commercial use; and the weight restriction on the road. The Plan Commission took a five minute recess. The meeting resumed at 9:OO P.M. #p.c. 26-87. Aooroval of Shed - NE l/4 Section 33 - Differt. SHED - DIFFERT The Recording Secretary reread Resolution .. ~ . .. This matter was on the floor from the previous meeting. Mr. home and shed on the property which were moved to the south of Differt had submitted a new sketch showing the location of his his previous request. Zoning Officer Lee had requested that an old wooden building and outhouse on the property be torn down before the construction of the shed/home began. Mr. Differt stated he would tear the buildings down before beginning construction. Upon a roll call vote the motion to adopt carried unanimously. NEW BUSINESS : 2ND GARAGE STRUCTURE-HILBERT The Recording Secretary read Resolution #P.C. 27-87, Approval of 2nd Garage Structure - Ron and Joan Hilbert-ST4 W14797 Lynn Drive. Mr. Raimann moved for adoption. Mr. Hulbert seconded. Mr. Ray Bopp, the neighbor to the east spoke and said that all drainage on the south side of the house came into his yard. The addition of a cement driveway would cause more drainage into his yard. He had no objection to slope the driveway on the east side so the water ran into the the garage only the placing of it. Mr. Hilbert stated he would culvert in the front of the property. Mr. Hulber moved to defer for two weeks so that the Zoning officer could study the drainage problem. Dr. Parthum seconded. Mr. Constantineau questioned what would be stored in the garage. Mr. Hilbert stated he would use the garage for storage of a camper trailer, utility equipment, etc. and for a party shed. Mr. Hilbert was asked what he stated he would not store any vehicles or chemicals. Upon a his business was. He stated he sold chemicals. For the record roll call vote the motion to defer carried unanimously. COAST TO COAST BLDG, SITE, OPERATION PLAN The Recording Secretary read Resolution %P.C. 28-87, Approval of Amended Building-, Site & Operation Plan- coast^ to- Coast Hardware Store. Mr. Hulbert moved for adoption. Alderman DeAngelis seconded. Dr. Parthum felt it would not be prudent to eliminate the sidewalk space in the front of the store. He felt 4' for storage and 4' for sidewalk would be better. Mr. Hulbert stated snow fencing should not be used, Mr. Hulbert moved to amend the resolution to add, "BE IT FURTHER RESOLVED, That the temporary department and that 3 of sidewalk be used for walking and 5' for fence should be of a Frecorative nature approved by the building March 17, 1987 PLAN COMMISSION - Page 5 motion to amend carried unanimously. Upon a roll call vote the outside storage. Dr. Parthum seconded. Upon a voice vote the motion to adopt Resolution #P.C. 28-87 (As amended) carried with Mr. Schmidt casting a dissenting vote. CONDITIONAL USE-MOTHER-IN-LAW UNIT-BRAAM The Recording Secretary read Resolution t1P.C. 29-87, Approval of Conditional Use for Mother-In-Law Unit-Richard Braam-S70 W20099 Adrian Drive. Mr. Hulbert moved for adoption. Mr. Schmidt seconded. The Mayor noted that at the public hearing objection had been raised regarding deed restrictions stating that single family dwellings only were permitted in this subdivision. Zoning Officer Lee stated that the city could not enforce subdivision deed restrictions. Mr. Dillard stated that neighbors would probably seek legal action with regard to this matter. Mr. Jim Vollmer, legal representative for the Braam's stated Adrian Heights was created by certified survey map and not subdivision standards. A final plat was never submitted and all deed restrictions would apply to a recorded subdivision. This property was not bought as a lot and block of a subdivision but as a certified survey map and therefore a title company would not have of any deed restrictions attached. Mr. Paul Meyers stated there would still only be one entrance to the home so that the call vote the motion to adopt carried unanimously. addition would not appear to look like a duplex. Upon a roll NRW INTERNATIONAL, INC. BLDG. SITE OPERATION PLAN The Recording Secretarv read Resolution 1jP.C. 30-87. Approval of Amended iuilding, 5ite & Operation Plan for. Two Above Ground Storage Tanks - NRW International, Inc. Alderman DeAngelis moved the tanks would be used for storage of gasoline for for adoption. Mr. Hulbert seconded. Zoning Officer Lee stated the plans be sent to the fire chief. Upon a roll call vote the International's own trucks. Dr. Parthum requested that a copy of motion to adopt carried unanimously. ~. .. BLDG., SITE OPERATION PLAN-OLIVER McCLURE The Recording Secretary read Resolution #P.C. 31-87, Approval of Buildinn, Site & Operation Plan - Oliver J. McCiure-Block #3, Lot #4 Saturn Drive. Mr. Constantineau moved for adoption. Mr. Schmidt seconded. Mr. McClure stated the business would be a general repair facility for cars, trucks etc. No body work would be done. Mr. Robert Goehner, Mason Building Systems stated the building will be constructed with split faced shadow stained block to 4' and painted steel walls to the roof. The block would also be placed on the south elevation up to the canopy. Mr. Hulbert requested that sheet metal siding not be used. Mr. Constantineau clarified that signage would be on the face of the redesigning the south elevation of the building for a more south elevation. Mr. Hulbert asked that Mr. McClure reconsider PLAN COMMISSION - Page 6 March 17, 1987 Creative approach. Mr. Goehner asked if it would be possible to approve the building, site and operation plan contingent upon a resubmittal of the front elevation which would allow Mr. McClure to proceed with the purchase of this parcel in the Industrial Park. Alderman Taube asked the size of the entrance doors. Mr. not be worked on. Mr. Constantineau moved to amend the McClure stated they were 14' X 14' and that semi-trailers would resolution to add, "BE IT FURTHER RESOLVED, That the Plan Commission is receptive to the approval of the building, site and operation plan for Block #3, Lot #4 Saturn Drive contingent upon submittal and approval of a new south elevation plan. Dr. Parthum seconded. Upon a roll call vote the motion to amend carried unanimously. Dr. Parthum requested that the staff review the pryposed screening/fencing for the site from the perspective motion to adopt Resolution #P.C. 31-87 (as amended) carried of the surrounding site elevations. Upon a roll call vote the unan imous ly . CERTIFIED SURVEY MAP-REINKE The Recording Secretary read Resolution FP.C. 72-87, Approval of Certified Survey Map-Reinke- NW 1/4 Section 161 Alderman DeAngelis moved for adoption. Mr. Hulbert seconded. Upon a roll call vote the motion to adopt carried unanimously. read Resolution 1)P.C. 13-87. Placina Conditions on Conditional CONDITIONAL USE GRANT - GLOCKNER The Recording Secretary ~-___ Use Grant - Jack'.Glockner Extractive Permit. Mr. Raimann moved for adoption. Mr. Constantineau seconded. Mayor Salentine asked Mr. Glockner if he had a copy of the resolution. A copy was given to Mr. Glockner to read and a 5 minute recess was called so that he could review this. The meeting resumed at 10:30 P.M. be stated in the resolution; just the number and type. Mr. Mr. Raimann stated that specified models of equipment should not Glockner asked that two drag lines be added. Mayor Salentine asked what plans Mr. Glockner had for the extraction. Mr. Glockner stated that the extraction would probably continue over the next 10 years but would not get any bigger and would be amount of the bond. Mr. Constantineau moved to amend the restored as he went along. Discussion followed regarding the $25,000. Mr. Schmidt seconded. Upon a roll call vote the motion resolution to change the amount of the bond from $50,000 to vote. Alderman Dumke stated he notified all the property owners to amend carried with Dr. Parthum casting the only dissenting who had given him their names at the public hearing that this matter was on the agenda. The Recording Secretary noted that no one had picked up copies of the public hearing minutes. Dr. Parthum mentioned having project boundaries marked properly. It " ., c) March 17, 1987 PLAN COMMISSION - Page 7 was stated that this already has been accomplished with the berming of the property. Mr. Hulbert asked Mr. Glockner what his ultimate goal was. Mr. Clockner stated he had thought about selling the property in the future but really liked the open space of his property. The area east of the driveway has been taken care of with regard to Mr. Murray's request. Upon a roll call vote the motion to adopt Resolution #P.C. 33-87 (as amended) carried unanimously. CERTIFIED SURVEY MAP-OSCHMANN The Recording Secretary read Resolution #P.C. 34-87, Approval of Certified Survey Map- Audrey Oschmann - NE 1/4 Section 15. Mr. Constantineau moved for adoption. Mr. Raimann seconded. Upon a roll call Vote the motion to adopt carried unanimously. SKETCH-BRAUCH The Recording Secretary read Resolution 1IP.C. 35-87, Approval of Sketch for Land Division - Paul J. Brauch - SW 1/11 Section 3. Mr. Schmidt moved for adoption. Mr. Hulbert seconded. Mr. Constantineau noted that the sketch Potrykus indicated that at the time there was no indication Of indicated that a future division of parcel 1 was possible. Mr. this. He requested that the variance of 238 square feet to be DeAngelis moved to amend the resolution to note a change from 238 to 250 square feet. Mr. Hulbert seconded and upon a voice vote the motion carried. Upon a roll call vote the motion to adopt Resolution #P.C. 35-87 (as amended) carried unanimously. granted on lot 4 be rounded off to 250 square feet. Alderman MISCELLANEOUS BUSINESS: from the agenda. Mr. Masterson did not attend the meeting so was removed to the possible rezoning of his property south of Highway 24 and Mr. Doug Eiche requested the Plan Commission's reaction Lannon Drive to commercial and multiple family dwellings. Mr. Klenz was also present and he requested that he would like his property located next to Mr. Eiche's also rezoned to commercial so that a continuous commercial strip could be established. Mr. Eiche was requesting a possible 15 acres rezoned to commercial and a possible 25 acres rezoned for multiple family. The Mayor noted a public hearing would have to be held e March 17, 1987 PLAN COMMISSION - Page 8 ABd@UWNHENTt Mr. Hulbert moved to adjourn the meeting at 11:40 P.M. Mr. Schmidt seconded and the motion carried. Respectfully submitted, Lynne Sweet Recording Secretary /Is