Public
Hearing # 1
On Monday, October 5, 2009, at 7:00 p.m., Chairperson Tom
Braun called a Public Hearing to order. The purpose of the Public Hearing w=
as to
consider a request from Candace Kutter for a Conditional Use Permit to sell=
and
store trailers, Section 35.
Other Planning Commission members present were Eric Mink=
s,
Kathy Stoeckel, Cindy Bodger and Town Board Liason John Roxbury, Jr. Larry
Ziebarth and Carl Sanford were absent.
Steve Ruble stated that he is a neighbor that owns prope=
rty
directly to the north and that he has some concerns with the CUP. One is the
increased traffic on the township road, two is the change of the nature bec=
ause
it is a residential community by Silver Lake, and three is that the business
would be done in a large separate building and is different than having
business operated out of the home. He stated that it is a physical structure
that is basically becoming a business. It is also his concern that since th=
ere
are no businesses in the area, if conditional use permits are to be granted,
what will happen if the Kutters sell or other people want to make requests.
This may have long range implications for the change of the nature of the
community. If the Kutters sell and someone else would want to come in and u=
se
that building for another business use, if the CUP Is granted, what ability
would the township have to deny another person.
Patricia Ruble stated that this is nothing personal with
their neighbors. They are on lakeshore land within the township and it is a
residential area and there are not too many lakes with homes on them. She
explained that they are on a gravel road and it has a horseshoe with two ti=
ght
curves on it. She has been concerned for the residents with all of the truck
traffic already on it. She would like to oppose it for the same reasons that
Steve Ruble mentioned.
Tom Braun asked what kind of trailers they would have and
what the business would involve. Randy Kutter showed pictures of the traile=
rs
and explained that most of the business would be internet sales and agreed =
that
if the business takes off, it’s not a place to be doing a lot of volu=
me
and business. If that happens, they would like to get some commercial prope=
rty
along Hwy 169.
Cindy Bodger asked the Kutters when they see that kind of
transition being made and when they would consider leasing another property
somewhere else. Randy Kutter stated that it would depend on the volume of t=
he
business. He thought that if they started to sell more than 20 a year, it w=
ould
be time to get a commercial property.
Randy Kutter reviewed all the conditions that Loren Kohn=
en
suggested. They did not have any problem with any of them listed. They real=
ly
do not want to have a lot of strangers at their house either, so they plan =
to
deliver as many trailers by themselves as they can. They would not be doing=
any
advertising or have any signs on the property.
Kathy Stoeckel asked if there was any way that they could
lease something now. She understands the concerns with the traffic on the r=
oad.
Mr. Kutter explained that they live a few hundred feet down the road, before
the first curve and there should be no reason that anyone would need to dri=
ve
around the entire horseshoe. They would not be driving that way and they are
the ones delivering the trailers. They are going to try and do most of the
deliveries themselves to keep the traffic down.
Randy Kutter explained that they have a 50 foot trailer =
and
they will be bringing the trailers to their property, anywhere from 3-6 at a
time. He also explained that they do not have the money right now to lease
something else.
Kathy Stoeckel asked if they could deliver right from the manufacturer so they would not have to store any trailers. Randy Kutter sta= ted that they could not do that one trailer at a time. The manufacturer does not want to be involved with that. Also, it would not be economical for them. <= o:p>
Eric Minks stated that as far as the CUP not being trans=
ferrable,
that would go against their ordinances, since CUP’s go with the prope=
rty.
Patricia Ruble stated that they have another neighbor wi=
th a
very large shed and if they wanted to start a business, she could see where
this may have a snowball effect, putting the township in an awkward positio=
n.
She is just trying to protect some of the residential area and preserve it =
not
only for now but the future. These are separate buildings, they are not just
home businesses, they are big buildings.
Randy Kutter stated that one of the conditions suggested=
by
Mr. Kohnen was that the CUP be not transferable. He wanted to know if they
could agree to that now to alleviate some of the concerns. Mr. Ruble stated
that if someone else were to purchase the property and come in and apply fo=
r a
CUP, what position would the board take.
Eric Minks stated that a CUP has always gone with the
property, not the owner. He is not sure why Loren Suggested that they CUP n=
ot
be transferable. Tom Braun agreed and stated that there must have been a re=
ason
for it. Cindy Bodger asked if that condition could not be added. Tom Braun
stated that it could be added. Eric Minks stated that he did not think that
they were able to do that because it goes against their ordinances. John
Roxbury, Jr. stated that was correct. It is a state statute. They cannot put
this kind of restriction on a CUP.
Jeff Sartell asked about road maintenance and if heavy
vehicles did anything to the road, who would fix them. Tom Braun stated tha=
t it
would revert back to the township.
There were no other residents who wished to speak.
Tom Braun motioned to close the Public Hearing at 7:19 p=
.m.
Public
Hearing # 2
On Monday, October 5, 2009, at 7:20 p.m., Chairperson Tom
Braun called a Public Hearing to order. The purpose of the Public Hearing w=
as
to consider a request from the City of Princeton for a Conditional Use Perm=
it
to apply biosolids to Robert Soules farmland, Section 29.
Bob Gerold explained that the City of Princeton has alre=
ady
approved the application of biosolids to the eastern half of that property.=
The
western half lies within the Township and they would like to utilize the to=
tal
space that is being farmed right now. Soil samples have already been taken =
and
the MPCA has approved it as a viable sight.
There were no other residents who wished to speak.
Tom Braun motioned to close the Public Hearing at 7:24 p=
.m.
Regular
Meeting
At 7:30 p.m. Planning Commission Chairperson Tom Braun c=
alled
the Regular Monthly Planning Commission Meeting to order.
A motion was made by Eric Minks and seconded by Cindy Bo=
dger
to approve the minutes of September 14, 2009 as printed. Motion Carried.
The next item on the agenda was to discuss Public Hearing
#1, Candace Kutter, Section 35, CUP to sell and store trailers. There was s=
ome
discussion on the Interim Use Permit. Tom Braun stated that regardless of
whether it would be an IUP or a CUP, they would need to determine if that is
the best use of the land, commercial sales in a rural residential area. Kat=
hy
Stoeckel stated that she thought they should try and find another location =
for
the trailers, other than the residence because that is a big issue.
Eric Minks stated that they have done Conditional Use
Permits in the past and he does not have any problem with it. If they wante=
d to
look at the use of Interim Use Permits in the future, he would be all for t=
hat.
Randy Kutter stated that they were just trying to get
started with minimal impact on the community. There will be no signage, not=
hing
stored outside and very few people coming and going. They would also like to
get out of the residential area as soon as possible but they just need to be
able to get started.
Cindy Bodger stated that her concern was there would be =
no
regulations on the business and how fast it could grow before it could be m=
oved
out of the residential area. Kathy Stoeckel stated that this was more of a =
commercial
business than a home business. Randy Kutter stated that they can only store=
5
or 6 trailers in the building, so that limits them as far as how big the
operation can get.
Kathy Stoeckel stated that the roads and corners around =
the
lake are very tight. Randy Kutter stated that their driveway is before the
corner so they will not be driving that way.
Randy Kutter explained that it takes time to sell a trai=
ler
on the internet and time to delivery it and then get more trailers. If it
becomes more than 6 times a year, they will need to look for a commercial
property. He is 99.9 % sure that no one will even notice that this business=
is
going on.
Cindy Bodger asked the Rubles if they were concerned abo=
ut
the traffic or the storage of the trailers. Mr. Ruble stated that he is
concerned with the building, although it is hidden, it is now a commercial
building outside the home for a commercial purpose. Since their others neig=
hbor
also have a very large shed, and if they wanted to also use it for commerci=
al
purposes, what authority would the Town Board have to say no to the next
neighbor for a similar type use. He would not like to see the area turned i=
nto
a commercial area.
Mrs. Ruble stated that she is concerned with the security
and gravel on the township road. The roads are not friendly for large vehic=
les.
She has concerns with the safety of others and the area and also the snowba=
ll
effect of businesses. She does not see this as being appropriate for the la=
nd.
John Roxbury, Jr. stated that since some of the Planning
Commission members are absent, and he does not normally make recommendation=
s,
in an effort to move things along, he motioned to recommend approval to the
Town Board with the following changes: condition # 1 to make the hours of
operation and deliveries from 8 a.m. until Sunset and delete the five days a
week, delete conditions #2 (truck traffic, deliveries, 6 per year) and #10 =
(CUP
not be transferred to any new owner of the property and business ownership),
and they can be addressed at the Town Board meeting and possibly discuss
whether this can be moved to an Interim Use Permit. The conditions that were
acceptable were: &n=
bsp; Maximum
number of trailers on site, 30
All trailers, equipment and invento=
ry
kept inside large storage building.
No outside storage.
No outside employees.
Signage at mailbox to have address
only. No advertising; maximum area of sign be 12” x 24”.
No advertising of use permitted on =
the
property.
Height of ceiling of storage be a
maximum of 12’, Ord, 300:143 (2).
Tom Braun suggested decreasing the number of trailers in
storage from 30 to 10. John Roxbury, Jr. stated that they may have a lot of
smaller trailers and since it is inside the building, 30 does not seem like=
an
unrealistic number. Kathy Stoeckel asked if they could send it to the Board
with their own personal views or did it have to be unanimous. Tom Braun sta=
ted
that it did not have to be unanimous. Kathy Stoeckel stated that she does n=
ot
feel this is a home business, it is more of a commercial business but she w=
ould
vote no based on location, although the internet business is OK. Kathy Stoe=
ckel
seconded the motion.
Eric Minks stated that if even the Town Board does grant
this, it does not change the zoning to commercial. It just says that they a=
re
able to operate this business in the Rural Residential Area, and each CUP is
taken on a case by case basis.
Cindy Bodger asked if the CUP would stay active if they =
move
the business elsewhere. John Roxbury, Jr. stated that it becomes void after=
one
year of non use.
Tom Braun asked the members for approval of the motion.
Motion Carried with Kathy Stoeckel opposing.
The next item up for business was to discuss Public Hear=
ing
#2, City of Princeton, Section 29, CUP to apply biosolids for Robert
Soule’s property. Eric Minks stated that since he is an employee of t=
he
City he would be stepping down for this discussion.
Kathy Stoeckel motioned to recommend approval of the CUP=
to
the Town Board with all of Loren Kohnen’s suggestions.
Cindy Bodger seconded the motion. Motion Carried.
The next item on the agenda was Open Forum. There were no
residents who wished to speak.
A motion was made by Eric Minks and seconded by Cindy Bo=
dger
to adjourn the meeting at 8:00 p.m.
Motion Carried.
Respectfully submitted,
Connie Wubben
Clerk/Treasurer &nb=
sp;
Attendees: Patricia Ruble, S= teve Ruble, Randy Kutter, Candace Kutter, Bob Gerold, Jeff Sartell