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HomeMy WebLinkAbout07-09-19 Planning Commission Minutes Regular Meeting July 9,2019 1. Call to Order Chair Rotty called the meeting to order at 7:00 p.m. Members Present: Rotty, Franceschelli, Tesky Members Absent: Bjorge, Windschitl Also Present: Tony Wippler, Planning Manager 2. Approval of Minutes a. MOTON by Franceschelli, second by Tesky to approve the minutes of June 11, 2019. APIF, MOTION CARRIED. 3. Public Hearings—Chair Rotty opened the public hearings a. ONG Auto, LLC—315 Pine Street Possible CUP Revocation A CUP was approved on June 13, 2017,to allow auto repair, major use on the property. The applicant was Oleg Vdovchenko of ONG Auto LLC. There were three conditions: 1. The applicant obtains all necessary building permits from the city's building official. 2. A sign permit is applied for any external signage. 3. The proposed parking area must be surfaced with concrete or bituminous and shall be set back at least ten feet from all property lines. The city has received several complaints regarding the overall condition of the property, vehicles being parked and stored off of the hard surface, vehicles being kept in the city's boulevard and Pine Street being used as a staging area for loading and off-loading of vehicles for the business. Also the required fencing has yet to be fully installed; however,this past week Mr. Vdovchenko has started to construct a 6 foot high wooden privacy fence on the property. The city notified Mr. Vdovchenko of the violations on February 14, 2019, and gave him until April 15, 2019, to rectify the parking of the vehicles on site, installation of fencing and general cleanup of the property. The planning commission can take one of the following actions: 1. Revoke the CUP for 315 Pine Street and direct staff to work with the city attorney on drafting Findings of Fact that will be brought back to the planning commission on August 13, 2019, for review and approval. 2. Have staff continue to work with Mr. Vdovchenko on completion of the necessary improvements and to provide an extension not to exceed an additional 60 days from the date of the public hearing. Staff suggested a date of October 8, 2019. Mr. Vdovchenko explained he is delayed because he just moved from a different location and he had to put$96,000 into blacktop. He has employees and has to pay for a lot of things, so he doesn't have money for all of it right now. He wants to improve the property and work with the city to make it as friendly as possible. As of last year, he sold 400 cars and brought in a lot of tax money to the state. We have blockage of the street Planning Commission Minutes July 9,2019 Page 2 for a few minutes when unloading vehicles. We have the same blockage with fuel tanks at Kwik Trip. Mr. Randy Meade, 317 Pine Street, lives next door. He has had no trouble with the business. He has lived there 29 years and he sees no problem. It's a man trying to make a living and trying to work with you. It seems you are trying to make it difficult for him. He has a five star rating in the state. That is a business we should have in Farmington. There are times he has asked if they are making too much noise or working too late. Mr. Meade had no trouble with him. He is a nice guy and trying to make a go of it. Member Franceschelli stated one reason we are having this hearing is to get both sides of the story. We have an obligation to at least hear the complaint both for and against. He asked Mr. Vdovchenko that he has had this business for two years and has it grown enough that maybe he has outgrown the property? Mr. Vdovchenko has thought of that and he and staff have looked at a new property, but it has an easement and he does not want to put money into something that will not work. He wants to stay in Farmington. He doesn't want to make a move that will not work. Member Franceschelli asked if his cash flow problem will be resolved in 60 to 90 days. Mr. Vdovchenko stated he just paid off a portion of the blacktop. He wants the city to be more open to him and tell him what they want. Member Franceschelli asked if he contacted the city about realigning the CUP to make it more manageable. Mr. Vdovchenko stated no. He talked to staff and was told its good he's putting up a fence. Member Tesky asked when the fence will be completed. Mr. Vdovchenko stated there is a lot next to his where he dumps snow. If he puts a fence there it will be inconvenient for moving vehicles in and out. He has a fence on the north east side of the property. If he can talk to someone to slow down the process until he finds a new property, then he will put up the fence. He needs the open lot next door to move vehicles. There is a flood zone in the back so that is where he will store the snow. He has seven employees. Chair Rotty understood his situation. Two years ago when you applied for the CUP I asked if you accepted these conditions. You knew about and accepted these conditions in 2017. Mr. Vdovchenko agreed. Chair Rotty understood his financial situation. Staff sent him a letter in February that conditions have not been met. Chair Rotty asked if he responded to that. Mr. Vdovchenko stated he asked what they had to do. They moved towards cleaning up the front of the building. It was raining a lot and couldn't put up a fence in the rain. Chair Rotty stated you have known about this for two years so the letter in February shouldn't have been a surprise. Mr. Vdovchenko stated his CUP says nothing about fencing. Chair Rotty stated there are other items such as parking. He can sympathize about the financial situation, but it sounds like your business is doing very well. Mr. Meade stated he has lived behind Rambling River Repair for 29 years and sees numerous vehicles are parked on the dirt. Why has no one said anything to them? Why haven't they had to do this? Member Franceschelli asked if he was complaining about them now? Mr. Meade stated he doesn't want to complain about anybody, but why are Planning Commission Minutes July 9,2019 Page 3 you giving this man a hard time and no one has said anything about Rambling River Repair? Member Franceschelli stated we have received complaints about this issue. Mr. Meade stated he doesn't see anyone here now. No one has told them if you don't do this you will be gone. Member Franceschelli stated we are talking about his business because we received a complaint about his business, not everyone's. Mr. Meade stated he does not see why one man should be singled out and his business is thriving and no one else has to meet the same requirements. Chair Rotty stated when you say no one else, is there one other complaint you have? That is a condition he agreed to in 2017. Mr. Meade asked why has no one else said anything about others that are parking on dirt? Chair Rotty stated he is in violation of his CUP. Member Franceschelli stated none of those other people have been here for conditional uses. This gentleman has been. We are dealing with his issue, not anybody else and if you don't want to deal with his issue then please have a seat. A resident, 304 Willow Trail, asked the commission to consider he is growing and just started. Even though he says he is doing well, he just pays his employees and sometimes there is almost nothing to take home. If you think he is financially good, he is trying step by step to pay off project. He is trying. He has been working hard for this for ten years in different locations. He cannot afford those things, but he needs more time. Isaac, a Farmington resident, bought a car from him and they had a great experience. They look forward to buying from him again and he looks forward to how Farmington can support small businesses. Chair Rotty stated his recommendation would be to allow staff to work with Mr. Vdovchenko for a period of time. He is making progress. As far as the financial side, he can't address that. The other conditions are doable within reason and Mr. Vdovchenko agreed to them in 2017 when he was granted the CUP. He suggested continuing the public hearing until October 8, 2019. Hopefully by that time Mr. Vdovchenko has completed the conditions and if not,we will make a decision on the CUP that evening. It is not an extension of two or three months. He has known for two years so this is a two year and three month timeline he has been on. Member Franceschelli agreed with Chair Rotty. There is an opportunity for education and growth and to go to staff to see about modifications. We have a business that is overcome by events and time and we should continue to work with him so we can have a successful completion to the betterment of the community. Member Tesky agreed. Mr. Vdovchenko has a successful business and wants to continue to grow that. MOTION by Tesky, second by Franceschelli to continue the public hearing to October 8, 2019. APIF,MOTION CARRIED. Chair Rotty urged Mr. Vdovchenko to meet with staff to get this resolved. Planning Commission Minutes July 9,2019 Page 4 4. Discussion a. Just For Kix Site Plan—4640 Knutsen Drive This site plan is in Vermillion River Crossing. An 11,250 square foot building is proposed south of Farmington Family Clinic and McDonald's. The building will contain three spaces; one being occupied by Just for Kix Dance Studio. The property is zoned Spruce Street Commercial and the site plan meets the requirements for that zoning. They propose 73 parking stalls, code requires 45 spaces. The exterior will be a mixture of materials. The building will have rooftop mechanical units and will be screened. A five foot wide sidewalk will be installed in the boulevard of Knutsen Drive and will connect to a six foot wide sidewalk that surrounds the building. The trash enclosure will be in the southeast corner and will be screened. A monument sign will be in the northwest corner of the lot. Site plan conditions are: 1. The submission of an overall sign plan for building wall signage. 2. The submission and approval of a sign permit for any exterior signage to be placed on site. 3. The submission of a plan acceptable to city staff for the screening of the trash enclosure. 4. Submittal and approval of a building permit. Mr. Ryan Anderson, ISG Engineering, met with staff two months ago on this project and hopes to start construction this fall with completion in the spring. There will be one access to the parking lot and that has been approved by the fire department. The concrete pad for the trash enclosure will be tipped toward the parking lot rather than towards the pond. Members were very pleased with the plan. Mr. Anderson agreed with all the conditions of the site plan. MOTION by Franceschelli, second by Tesky to approve the Just for Kix site plan at 4640 Knutsen Drive. APIF,MOTION CARRIED. 5. Adjourn MOTION by Franceschelli second by Tesky to adjourn at 7:41 p.m. APIF MOTION CARRIED. Respectfully submitted, Govt izt Mu.l.l,er Cynthia Muller Administrative Assistant