2022-03-08 PC Minutes X
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ALBERTVILLE PLANNING COMMISSION
TUESDAY, MARCH 08, 2022
APPROVED MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER- ROLL CALL-ADOPT AGENDA
Chair Buhrmann called the meeting to order at 7:00 p.m.
Maeghan Becker conducted roll call.
Present: Chair Buhrmann and Commissioners Hayden, Huggins, and Council Liaison Zagorski.
Absent: Anderson and Smith.
Others Present: City Planner Al Brixius, and Building Permit Technician Maeghan
Becker, Dian Mullis with Pro Concrete Countertops, Randy Stangler owner of
property located at 6737 Labeaux Avenue Ne, and resident Charles Atterberry.
Motioned by Buhrmann, seconded by Huggins to approve the agenda.Ayes:
Buhrmann, Hayden, and Huggins.Nays:None.Absent.Anderson and Smith.MOTION
DECLARED CARRIED.
2. MINUTES
Motioned by Hayden,seconded by Huggins to approve the February 8,2022
Planning Commission meeting minutes.Ayes:Buhrmann,Hayden, and
Huggins. Nays:None.Absent.Anderson and Smith.MOTION DECLARED
CARRIED.
3. PUBLIC HEARINGS
A. Public hearing to consider a conditional use permit application from
Andy and Christine Konz for a full-service drive through service lane
with menu board and order station or property locate at 5703 Lachman
Avenue NE.
Brixius went over the recent history on what current approvals this new business already
has been given by the City. He stated that the applicant reconsidered the need for an on-site
menu board and order station for their new restaurant and determined that on-site
ordering was needed for a successful restaurant. Therefore,the Konz are now applying for
a new conditional use permit for a full-service drive through service lane.
Brixius went over the planners report and recommends the approval of a conditional use
permit to allow a drive-through service lane as illustrated in civil plans dated 2/14/2022
for Konz Crossing at S703 Lachman Avenue Ne subject to the following conditions:
1. The shared parking and access easement shall be revised to address the 02/14/2022
site plan and memorialize the establishment of the drive through lane extending
across the shared out line of lots 1 and 2 Block 1 Labeaux Station.A copy of the
revised easement and documentation of its recording at Wright County shall be
submitted to the city prior to issuance of the building permit.
2. Future development of Lot 2 will be required to undergo a site and building plan
review by the City and the lot design will be evaluated based on the observed use of
the drive through lane to determine the size and design of the future building and
site layout based on available parking.
3. The proposed drive-through lane shall be curbed with a minimum setback of two feet
from the outdoor dining area fence.
4. The conceptual menu board is approved in height, dimension, and sign face area. The
location of the menu board is approved with the following conditions:
a. The installation of the menu board will require a building and electrical
permit.
b. The menu board shall be angled to provide a 2-foot setback from the drive
through lane and the nearest parking stall.
c. As part of the building permit and final menu board design review,the City
may require bollards near the menu board as additional menu board
protection from automobiles.
S. If new lighting is proposed along the west side of the building, all lighting fixtures
shall be 90-degree cutoff fixtures with a shielded light source.
6. Site grading, drainage and utility plans shall be subject to the review and approval of
the City Engineer.
Commissioners discussed the property line dividing the two parcels, and discussed the
future building that could possibly go on the next parcel and if this would affect the future
building/parking lot.
Motioned by Huggins, seconded by Hayden to open the Public Hearing.Ayes:
Buhrmann, Hayden, and Huggins.Nays:None.Absent.Anderson and Smith.MOTION
DECLARED CARRIED.
Planning Commission Meeting Minutes 2
Regular Meeting of March 08,2022
No one wished to speak.
Motioned by Hayden,seconded by Buhrmann to close the Public Hearing.
Ayes:Buhrmann, Hayden, and Huggins.Nays:None.Absent.Anderson and
Smith.MOTION DECLARED CARRIED.
Motioned by Huggins, seconded by Hayden to approve a conditional use permit
application from Andy and Christine Konz for a full-service drive through
service lane with menu board and order station or property locate at 5703
Lachman Avenue NE with the conditions listed in the March 3,2022 planner's
report.Ayes:Buhrmann,Hayden, and Huggins.Nays:None.Absent.Anderson
and Smith.MOTION DECLARED CARRIED.
B. Public hearing to consider a conditional use permit application from
Pro Concrete Countertops to allow a light manufacturing land use
within the PUD-B-2A zoning district at 6737 Labeaux Avenue NE
Brixius informed Commissioners that Pro Concrete Countertops already occupies the west
tenant bay of the building located at 6737 Labeaux Avenue Ne. The City approved a change
in zoning to the building back in 2019 from a B-2A to a PUD/B-2A zoning district. This new
tenant is allowed within this zoning district with the approval of a conditional use permit
which they have applied for.
Brixius went over the history of the last conditional use permit that was approved on this
property in 2019 for PS Dec. He informed Commissioners on what is still outstanding for PS
Dec to comply with their conditional use permit.
Brixius recommends the following options for approval:
Option number 1 -Approval of the Pro Concrete Countertops conditional use permit with
the following conditions being completed prior to the receipt of a certificate of occupancy.
1. Building, mechanical, and fire suppression permits will be required.
2. Building plans shall be designed by a MN licensed architect.
3. In accordance with State Provision 1306, change of use will require the space to
install a NFPA 13 fire suppression system. Previous tenant occupancy was a S-1, and
proposed tenant for Pro Concrete Countertops will be F-1 occupancy.
4. Applicant shall provide the City with septic system compliance report approved by
Wright County prior to building permit approval.Applicant shall provide a narrative
of the business water use.
S. Alteration to a primary function or change of occupancy to a portion of the building
shall be required to apply up to 20% of the building permit valuation for
accessibility compliance.
Planning Commission Meeting Minutes 3
Regular Meeting of March 08,2022
6. Existing electrical system shall be reviewed by a licensed electrician to verify the
existing electrical system will meet the current codes. Permit and inspection by
state electrical inspector shall be required.
7. The existing 2-hour fire wall shall remain in place and any penetration shall be fire
stop.
8. The site plan shall show the location of an exterior trash enclosure and a
construction detail for the enclosure that meets the City's zoning standards. The
trash enclosure shall be constructed prior to issuance of a certificate of occupancy of
the tenant.
9. The applicant shall provide a floor area breakdown of the tenant bay by use to allow
for a parking calculation. The applicant shall provide a revised site plan that
illustrates the location of required parking, loading/delivery area that meets the
zoning design standards with regard to stall and driveway dimensions, surfacing,
the parking lot shall be striped parking stalls for the entire building. Parking lot and
loading area improvements shall be constructed prior to issuance of a certificate of
occupancy.
10.The applicant shall provide disability parking and accessible route to main entrance.
The location and design shall be illustrated on the site plan. The disability parking
shall be constructed prior to issuance of a certificate of occupancy.
11.All areas beyond the approved paved parking and loading areas shall be grassed and
landscaped to define the boundaries of the approved parking area.Applicant shall
provide a landscape plan that establishes a schedule for establishment of these
turfed areas.
12.Pro Concrete Countertops shall provide a narrative describing their business
operation specific to the production materials, manufacturing process and waste
disposal.
13.The City may grant a temporary Certificate of Occupancy to expire on June 17, 2022.
This is the deadline for compliance with the conditions of the Conditional Use
Permit.After this deadline,the business shall vacate the building if the full
compliance is not achieved.
Option number 2 - Due to the extent of the conditions outlined in Option 1 above, the
Planning Commission may continue the application to the April 12, 2022,to allow the
applicant to review the conditions outlined in this report and responds to these conditions
with a revised site plan, narrative, building plans and on-site sewer compliance report
approved by Wright County. Revised information shall be submitted to the City no later
than March 29, 2022,to be included in the April Planning Commission packet. If this option
is chosen, City Staff will send the applicant a letter extending the review period for the
conditional use permit.
Planning Commission Meeting Minutes 4
Regular Meeting of March 08,2022
Motioned by Huggins, seconded by Hayden to open the Public Hearing.
Ayes:Buhrmann, Hayden, and Huggins.Nays:None.Absent.Anderson and
Smith.MOTION DECLARED CARRIED.
Randy Stangler,the owner of the building, approached the podium. He
discussed the history of the building and the previous tenant, Rigs to Rods,
which he had to evict because of not complying with the conditional use
permit for the minor automotive.
Stangler and Brixius discussed the PS Dec tenant (the existing tenant next
door) conditional use permit and the outstanding items on that CUP that are
still not resolved.
Dian Mullis, owner of Pro Concrete Countertop, approached the podium. Dian
Mullis stated that there is stripping of the parking spots at the site. She
informed Commissioners about the improvements that Randy has made to
the site since she has been a tenant. He installed new siding and roofing,there
is a handicap accessible bathroom, he mows and does snow removal
regularly. Dian expressed that she does not understand why her use of space
would require a sprinkler system that would need to be installed. Brixius and
Commissioners informed her that the change of use from the previous tenant
is why the building needs to sprinklered.
Brixius recapped stating that Commissioners need to act on the Pro Concrete
CUP request, and that he will deal with PS Dec and their violations
administratively.
Brixius went over the options for recommendation with the Commissioners
as listed in the planner's report dated March 3, 2022.
Motioned by Hayden,seconded by Huggins to close the Public Hearing.
Ayes:Buhrmann, Hayden, and Huggins.Nays:None.Absent.Anderson and
Smith.MOTION DECLARED CARRIED.
Motioned by Hayden,seconded by Huggins to approve a conditional use permit
application from Pro Concrete Countertops option one- to allow a light
manufacturing land use within the PUD-B-2A zoning district at 6737 Labeaux
Avenue NE as listed in the March 3,2022 planner's report.Ayes:Buhrmann,
Hayden, and Huggins. Nays:None.Absent.Anderson and Smith.MOTION
DECLARED CARRIED.
4. OTHER BUSINESS
Commissioners and Brixius discussed the East side of the Outlet Mall.
Planning Commission Meeting Minutes 5
Regular Meeting of March 08,2022
5. ADJOURNMENT
Motioned by Huggins, seconded by Hayden to adjourn the meeting at 8:04p.m.
Ayes:Buhrmann, Hayden, and Huggins.Nays:None.Absent.Anderson and
Smith.MOTION DECLARED CARRIED.
Respectfully submitted,
Maegha M. Becker, Building Permit Technician
Planning Commission Meeting Minutes 6
Regular Meeting of March 08,2022