Lakewood Planning and Zoning Commission
Wednesday, May 23, 2006 at 6:30 p.m.
Lakewood Town Hall
Call to order: Commission Chair of the Planning and Zoning Commission, Bob Wolfe called the Public Hearing to order at 6: P.M.
Present: Chair Wolfe, Dick Bodine, Kerry Leider, Phil Halverson, John Knutson, Angie Dickenson-Palmer Recorder Shannon Ostazeski, Zoning Administrator Brennan Mears, and public (see attached registrar). Chris Roningen, Al Eastman and Robin Downs arrived later.
Cutts and Leider will be voting members.
Pledge of Allegiance: The Pledge of Allegiance to the flag of the United States of America was recited by all present.
Review of Agenda: (Bob Wolfe): We are meeting to discuss the request for a conditional use permit from Opti-Tackle LLC to operate a home business for the assembling and wholesaling of fishing tackle from their home at 5147 Lester River Road. Legal Description of the property is S1/2 of S1/2 of NE1/4 of SE1/4 of Sec. 21, T51N, R13W.
Reads Conditional Use Permit (handout)
Hearing procedures according to the Ordinance found on page 114-115 will be followed. Line of order is as follows:
I. Staff report
II. Those in favor
III. Those opposed
IV. Other comments or evidence from the public
Staff Report given by Brennan Mears:
The home business is allowed in the zone, fees have been paid and the permit is in order. There will be noise and signs restrictions made and also lighting conditions placed. The work will be done in an existing 32 x 36 garage. There are no issues here.
Presentation by Owners: Heidi and John Stieben
Mostly I do the assembly and packaging of fishing tackle. There will be no signs outside the garage. UPS comes one time a day. No chemicals are used. There will be no painting done at this site. Injection molding, painting and cutting will be done off sight. We do some minor welding with a little jewelry welder. Gander Mountain is our biggest customer. It is Great Lakes tackle primarily.
Leider: How would you feel about having a condition on chemicals?
Owner Stieben: That would not be a problem. The only chemical I use is Windex.
Leider: Do you ship out?
Owner Stieben: UPS comes once a day. The work is seasonal, 10 months out of the year.
Halverson: How many employees do you have?
Owner Stieben: Only my husband and me. I could have one or two more in the future.
Wolfe: Is there a legal driveway arrangement?
Owner: We own it. There is no easement. Our neighbors do have frontage on the Lester River Road.
Wolfe: The concern is the shared driveway. What happens if the business gets big enough that the driveway becomes a problem?
Owner Stieben: Like I said they have frontage of 350 feet.
Wolfe: Is the existing building oversize? No. Is there any need for safety equipment? No.
Comments from the Public:
No response
Letters:
Judy Schellinger (9131 Congdon Blvd): No objection
Richard and Barbara Kroll (renters and immediate neighbors): In support. Have viewed the process and it is not intrusive. No noise and there has been no disturbance.
Any Opposed:
No
Additional Questions/Comments:
Leider: One concern for these hearings is that the neighbors might be left out eventually. Could we make a conditional use for the business owners to be in contact on a yearly basis? This is a concern in our general practice. This conditional use goes with the land. If it is not working out with the neighbors they should have an outlet.
Wolfe: Goes through the checklist for Lakewood Planning and Zoning Conditional Use Meeting Conduction. (Handout) Questions were asked and there are not any problems with the request.
Leider: We should think about what I voiced and make it an obligation in the future. The neighbors should know there is a conditional use that is allowed and that they meet all the criteria. We should discuss this later.
Roningen: Motion that we grant them a permit and then work on conditions. Seconded by Bodine.
Halverson: Don’t we need the conditions first to vote on this?
Motion fails.
Leider: Do you foresee a lot of garbage coming out?
Owner: No. We have a normal residential can.
Wolfe: What will be our conditions?
1. Tackle activities restricted to the current garage. The garage cannot be expanded or have any additions made to it.
2. There will not be hazardous waste or materials. No chemicals other than house hold chemicals will be used on the property. Painting will happen off sight.
3. No heavy machinery such as presses or injecting molding.
4. Standard downward deflecting for lighting. Lighting is not to exceed garage height.
5. No signs.
6. Employee number is restricted to a total of 5 people whether they are part or full time.
7. No restrictions on hours of operation.
8. Will meet the MPCA residential noise restrictions.
9. Restrict employees to working hours between 6 a.m. and 10 p.m.
10. Storage for the business will occur inside the garage.
11. Maintain existing screening.
12. No retail
13. For noise control the garage door must be kept shut while work is being done.
Applicants are satisfied.
Motion to approve the conditions and the permit. Seconded by Roningen.
All voting members vote yes. Motion passes.
7:30 P.M. Hearing
Present: Chair Wolfe, Dick Bodine, Kerry Leider, Robin Downs, Al Eastman, Chris Roningen, Phil Halverson, John Knutson, Angie Dickenson-Palmer Recorder Shannon Ostazeski, Zoning Administrator Brennan Mears, and public (see attached registrar).
Purpose of the hearing is for a request from Hwy. 61 Expressway LLC to construct a Commercial Communications Tower in the LIU-10 zone located North of Expressway 61 and West of the Sinclair gas station in Section 24 of Lakewood Township. The property owner, Greg Follmer is requesting a conditional use permit to construct a 200 ft. communications tower on the property.
Hearing procedures according to the Ordinance found on page 114-115 will be followed. Line of order is as follows:
I. Staff report
II. Those in favor
III. Those opposed
IV. Other comments or evidence from the public
Staff Report: Brennan Mears
He applied a month and a half ago for a telecommunications tower permit. It was granted but then was voided because the intent of the application was for a commercial communication tower. He has been talking with companies and found that a 200 ft. tower would be more in his the interest than a 300 foot tower.
The application was prior to the ordinance change so we are under the township ordinance reflecting the county ordinance.
Eastman: The application was denied because the application was made in error?
Mears: Yes.
Wolfe: We issued a conditional use permit for a plumbing shop on the private drive there. This would be the third activity on that private drive.
Eastman: The Sinclair station has its own drive. It is the upper Peterson Road.
Wolfe: If this is for a third access on that drive then we can’t allow this it may not comply.
Halverson: You would be required to have a real public road constructed.
Follmer: I have over 2000 feet of access on the highway.
Wolfe: If it is indeed the third access on the parcel then he must gain access from the highway.
Applicant Report
Greg Folmer: For the purposes of cellular communication we are proposing a two hundred foot tower. We are not sure if we would lease the land and tower or build it ourselves. We do have a tote road access and that is what we are planning on using. It will be buffered at the ground level.
Knutson: How often would they need to access the tower?
Follmer: Once a month for basic maintenance.
Bodine: What type of tower?
Follmer: Lattice tower.
Bodine: Have any propagation studies been done?
Follmer: No. We will be working with an engineering company and they would do this.
Wolfe: We don’t even know if this will increase coverage.
Leider: This is a business venture.
Follmer: I own it and it is in my company name.
Leider: If you were not allowed access would you be in a position to petition?
Follmer: Yes, I would petition the state but it is not in my interest to do that.
Leider: How do you intend to access other areas of your property? Page 66 Section 14.03 discusses this.
Halverson: The ordinance states that you have to provide information such as reason the site has been selected. Also taking into consideration migratory bird pathways and height standards. Part F or the ordinance talks about co-location being encouraged. It sounds like you are very early on in this process. Is this the appropriate time to apply for a conditional use? You are not providing us with most of the items being required from you for this hearing.
Follmer: Do you have a design I could follow then, I would be glad to address them.
Bodine: Is this really a migratory bird route determined by the MNDNR or Fish and Wildlife?
Wolfe: Yes. We have a letter from the MNDNR.
Follmer: I would meet the Fish and Wildlife criteria you have.
Eastman: That should be in the conditions.
Halverson: The propagation study would provide a lot of information. This might be a great place or it may not.
Leider: It would be a poor decision on his part if he didn’t have the information that would tell him this is profitable.
Wolfe: What if this is just one more tower and there is no new coverage?
Mears: It is not our job to say how this is going to benefit Lakewood Township.
Halverson: This is to benefit coverage in Lakewood.
Bodine: You cannot use aesthetics once again.
Eastman: We could put in our conditions that we make it. Page 104 in the Ordinance, Section 3.02: It says when applications are accepted and when they are not. He went through this process. He applied, has detailed plans, paid the fee and the Zoning Administrator could have rejected his application if things were missing.
Public Comments
Those in favor:
No comments
Opposed:
Musik: Not necessarily opposed. The issue of the FCC is important. Towers are intrusive and that is why they are in a separate category. Nothing has been demonstrated that there are dead areas and that there needs to be another site. We cannot discriminate who can put up a tower but it must be demonstrated that there is a need.
Leider: These companies all need each of their own towers. They don’t want to share with other companies.
Dickenson: Does the applicant need to prove?
Halverson: Yes. That is what the FCC and our Ordinance is saying.
Other Comments:
Wolfe: Are there better ways to serve our community? How many towers do we need to get better coverage?
Follmer: You should get the information for a propagation study if that is what you want.
Wolfe: You need to show us why the tower should be in that spot.
Eastman: This is an industrial zone. The towers are allowed in all zones.
Halverson: In the FCC regulations it says the tower will be removed if it is not used for 12 months. How would you provide for this?
Halverson: You need a proposal. You need to cover all these bases.
Eastman: If you gave the conditions he would have justification to spend that money.
Mears: Maybe we should recess this meeting and return after getting more information from Mr. Follmer.
Follmer: I would appreciate a timely process. I would wave the 60-day extension.
Eastman: He has to sign that he waves his rights.
Wolfe: June 20th is the day we will adjourn to.
Leider: Is he clear what he has to come back with? What if the propagation study shows it is a good spot are we still going to deny him?
Dickenson: What if we weren’t satisfied after the conditional use and the permit were given? Could we deny it still? Yes.
Eastman: What if the Town
Board appeals it eventually?
Halverson: Developers take risks.
Wolfe: Before you come back get propagation studies at 200 feet and 100 feet, wetland regulation for this land, road compliance and access and discuss emergency and public information needs with the appropriate government agencies.
Halverson: 4.01 D in the Ordinance spells out what the conditional use permit must include. We should follow what our ordinance says.
Eastman: That is why we should grant the conditional use and then go through that.
Follmer: I hope this migratory birds and benefits of the township better not come up to get me.
Motion by Eastman that we grant the conditional use permit as requested with conditions. Seconded by Roningen.
Amendment to that motion by Leider that we grant the conditional use tonight, recess and then establish the conditions at the next meeting. Seconded by Bodine.
Halverson: We need to ask our attorney if this process is allowed. We have the conditional use in front of us and we are ignoring this.
Roningen: We have routinely granted permits and then had conditions. St. Louis County has told us we can do this.
Amendment to the motion passes.
Motion fails.
Motion by Cutts to recess until June 20th at 7:00. Seconded by Bodine. Meeting Recessed.