2018 March Planning & Zoning minutes



MARCH 20, 2018

 The meeting was called to order at 6:00 p.m. by Chair Steve Kossett.  The Pledge of Allegiance was recited by those in attendance.  Present for the meeting were Chair Kossett, Commission Members Katie Vukelich, John Hegstrom, Bill Rosenbush, and Bob Whitmyer, Zoning Administrator Teresa Koivula, Deputy Clerk Toni Blomdahl, City Councilor Suzanne Herstad, and guests Alton Anderson and Mark.

Bob made a motion to approve the agenda with a second by John.  All vote in favor.  Motion carried.

Katie made a motion to approve the February 20, 2018 meeting minutes with a second by John.  All vote in favor with the exception of Bob who abstained.  Motion carried.


CORRESPONDENCE: Email from Tom Werner, Executive Director of Duluth Airport Authority, regarding an Airport Zoning Bill that is currently in the House and Senate.  Mr. Werner is encouraging airport zoning stakeholders to contact their representatives to help move the bill along, so all communities can benefit from the new Airport Zoning Regulations.


Alton Anderson – Home Occupation: Teresa presented the Commission with an application for a Home Occupation Permit from Alton Anderson at 4813 1st Ave N to run Sawtooth Shuttle Service.  Teresa read her attached report into the record.  Teresa stated she contacted MNDOT to see if they regulate this type of business and they have two different classifications they use. 1.) Motor Carrier which has 8 or more people and 2.) Small Vehicle Passenger Service which is for 7 or fewer people.  Teresa stated MNDOT does not regulate the second one and the City does not have any regulations, but other surrounding cities may regulate this so if Alton transports people in these cities, he may have to get a special permit from them.  Alton stated he started out thinking he would shuttle people to the surrounding ski areas and now he thinks he would like to be a regular taxi service.  Alton stated he will not have a meter and currently he has a Toyota Sienna van which can seat around 5 people comfortably.  Suzanne asked Alton if he would be shuttling people or groceries or both.  Alton stated whatever people need, so both.  The Commission went over the list of questions and had no concerns with Alton’s answers.  Alton stated if he gets too big, he would rent space from Equipment Rental and run his business out of there.  The Commission discussed the number of shuttle vehicles allowed and decided a maximum of two would be appropriate for this use.  A motion was made by Bob to approve the Home Occupation request with the conditions noted in Teresa’s Administrative Report with the addition of the word “applicable” to #6 with a second by John.  All vote in favor.  Motion carried.


Closed Landfill Restrictions (CLR) Land Use: Teresa stated there was some discussion last month about adding CLR to the buffer/screening performance standards, so she did some research on them.  Teresa stated landfills aren’t allowed in any land district in Rice Lake and there aren’t any current landfills in Rice Lake, so we would not be getting anymore CLR, so she doesn’t feel any buffer performance standards would be needed.  Teresa showed the Commission a map she received from MNPCA noting the Land Management Area they are monitoring for the current CLR along with an email from Shawn Ruotsinoja, MNPCA, noting they recommend local governments adopt setbacks in these areas to prevent construction of buildings so close to the landfill.  Teresa stated the only property in Rice Lake affected by this would be the parcel just to the north, which is currently owned by the State of Minnesota, and they should be aware of the CLR.  The Commission agreed no additional setbacks or buffers would be required.

Zoning Ordinance #22 Buffer/screening revisions: Teresa provided the Commission with an updated Article VI Section 27 Performance Standards for Commercial/Industrial/Light Industrial Uses.  Teresa stated we need to create a separate performance standards section for Public zoned property, which we will work on later once we get this section completed.  Bob stated he thinks we should choose an order for listing commercial, light industrial, and industrial and use it consistently throughout the ordinance.  Bob also noted he does not like the terminology used in Section 27, H. regarding Dark Sky Standards.  Teresa stated she will do some research on that and see if she can come up with better terminology.  There was much discussion on Section 27, A. and the proper way to word this statement.  The Commission agreed they want standards created to screen commercial, industrial, and light industrial uses from roads and contiguous residential parcels and not within and between the non-residential uses.  Katie stated there are no performance standards for the distance from a fence to the right-of-way (ROW).  The Commission agreed to use the same distance found in fence performance standards of 10 feet from ROW.  The Commission discussed proposed Section 27.07 and noted we already have setbacks of 50 feet for industrial principal structures, so this section is not needed.  A motion was made by Katie to accept the changes and to forward to Mike Couri, City Attorney for review with a second by John.  All vote in favor.  Motion carried.

Zoning Ordinance #22 Home occupations/business: Teresa stated the Performance Standards (PS) in our Zoning Ordinance are the recipe for residents to follow and if they can follow the PS, no application is necessary.  Teresa stated we used to do Conditional Use Permits (CUP) for Home Occupations and Home Businesses but with the updates to the ordinance in 2012, we got rid of CUPs for these uses.  Teresa stated she would also like to talk about signs for these uses as currently we allow 16 sq. ft. signs with illumination and that does not seem to fit in residential areas.  The Commission agreed to look over the information Teresa provided and discuss it at the next meeting in April.

 Joint Airport Zoning Board (JAZB): Steve stated the JAZB meeting held on March 1, 2018 did not have a quorum again so most of the discussion was based on ways to encourage members to attend.

Next Meeting Date: Steve stated the next Planning and Zoning meeting is Tuesday, April 17, 2018 at 6:00 p.m.

Having nothing further to discuss, John made a motion to adjourn the meeting with a second by Steve.  All vote in favor.  Motion carried and the meeting was adjourned.