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Planning Commission Minutes 01-12-1982 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, January 12, 1982 - 7:30 P.M. Members Present: Bill Burke, Jim Ridgeway, Ed Schaffer, Joyce Dowling Members Absent: John Bondhu,s Since Joyce Dowling was only appointed to the Planning Commission on January 11, 1982, there was not sufficient time to allow her to become familiar with the agenda background, and as a result, she abstained from the voting. 1. Approval of the minutes of the special meeting held on Deoember B, 1981. A motion was made by Bill Burke, seconded by Ed Schaffer to approve the minutes of the meeting held December 8, 1981. Voting in favor: Bill Burke, Ed Schaffer and Jim Ridgeway. Abstaining: Joyce Dowling. 2. Public Hearing - Set Back Variance - Shawn McGoff. Shawn McGoff, owner of Lot 3 - Block 6 of the Meadows Subdivision, requested a variance to be able to build a 5 foot by 8 foot foyer entrance onto the front of his home. Mr. McGoff was present at the meeting and explained that it would be necessary to have a set back variance for this foyer. This set back would be 25 feet from the front property line instead of the required 30 feet. Mr. McGoff explained the necessity of having the foyer entrance would be to conserve engery. Currently, ac- cording to Mr. McGoff, there is a great amount of heat loss through his front door. There was a letter from a neighbor, Mr. Donald Seversen, which in- dicated that there was no objection to the variance. At the hear- ing itself, Mr. Mel wolters felt it might be better to add a garage onto his home and have a side entrance. However, Mr. McGoff explain- ed that this still would not resolve the heat loss problem. A motion was made by Bill Burke, seconded by Ed Schaffer to approve of the variance setback. Voting in favor: Bill Burke, Ed Schaffer and Jim Ridgeway. Abstaining: Joyce Dowling. (Since this was not a 4/5's vote, it will be necessary to bring this matter to the City Council for final approval) . ( 1 ) Planning Commission Minutes - 1/12/82 . 3. Public Hearing - Various Ordinance Amendments. As a result of the review by the Planning Commission of various proposed ordinances, a public hearing was held to consider several changes. Proposed Ordinance Changes: PROPOSED ORDINANCE SECTION - Underlining indicates additions to existing language. Strike-ont'!'! indicate de- letions from existing language. Section 10-3-1 (H): Whenever a lawful non-conforming use of a structure or land is discontinued for a period of six (6) month, fo:J:lQfi1'lg-wri~ten no~iee-frol'!l an-al.'lthol!'i~ee agen'l: ef""the-C~ty, any future use of said structure or land shall be made to conform with the provisions of this Ordinance. Section 10-2-3- (B) .,...2: Ba!lement!l may be-u!lee o!!ts-l!:vin~ "f!ullreers.....ol!'-reoms- &s-a-per-e..ion-or re!lieeftt~~ dwell-irtge. Seetwft rO-3-2...(P) ....S....B-:- -Tl-1ree-per~eftt-o:f ~he eervice &rea-w~Utiftg"'an off. etl!'eet-parJdftg-area !lhall- be"'lanesea~l3, wi~h-green-al"tdfor ~eora~ive surf ac e ~rea ~en~-tl!'ees -aPld.. sl'tn'lbhery-fer -al,l-developmePlt:!l-excel't -s f:!'lgl-e ~amiry-dwe~lfn'!'fs. . Section lO-3-2-(F)-S-C: One percent of the development costs, or $lSOO, whichever is greater, as determined by the building permit valuation, shall be devoted to landscaping exclusive of seed or sod and walkways, l'l:o~ e01l'lpre~e8 at-the-t~e of-the-iesl::'l:aftCe ef-tl'te-Cer~i~iea'l:e-o~ 8ceu!'aficy. A bond shall be required for 150% of landscaping not completed at the time of the issuance of the Certiticate of Occupancy. This bond shall be for ene year a period of time, not greater than one year, set forth by the Building Official, at the end of which the City has the authority to complete the Heeessary required landscaping. This provision does not apply to single and two family residences. Section 10-3-3-(D) 2: Terraces, steps, "t!neo"'ered ~orche!t,-s-eoe~s or similar features provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than two (2) feet from any lot line. Section lO-3-S-(D)...8-(A): Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length exclusive of access aisles, and each space shall be served adequately by access aisles. EXCEPTION: Where desired, up to 25% of the parking spaces may be not less than seven and one-half (7~) feet in width and not less than sixteen (16) feet in length when served adequately by access aisles to accommodate compact car parking, and should be marked as such. . - 2 - . . . Planning commission Minutes ~ 1/12/82 Section 10-3-5-(D)-8-(G): Curb cut openings and driveways shall be at a minimum three (3) feet from the side yard property line in residential districts and five (5) feet from the side yard lot line in business or industrial districts. Section 10-3-5-(F)-4: The boulevard portion of the street right-of-way shall not be used for parking. Section 10-3-5-(H)-18: RETAIL STORE AND SERVICE BUSINESS WITH FIFTY (50) PERCENT OR MORE GROSS FLOOR AREA DEVOTED TO STORAGE, WAREHOUSES AND/OR INDUSTRY: The number of spaces shall be required by either option #1 or option #2. Option #1: At least eight (8) spaces, or one (I) space for each two hundred (200) square feet devoted to public sales or service plus one (1) space for each 500 square feet of storage area. Option #2: At least eight (8) spaces or one space for each employee on the maximum shift. section lO-3-9-(B)-I-(d): Political campaign Signs: Shall not exceed fo~r-(4)-s~uare feet-in al~ URll zoning-dfs~rfc~s, er twelve (12) square feet in all et~er zoning districts. Every campaign sign must contain the name and address of persons responsible for such sign, and that per- son shall be responsible for its removaL Signs erec~ed before-t~e-pri- mary-e:!:eetion shall remain in place for no longer than five (5) days after the ~enera~ er-sl'eeial election for which they are intended. All signs shall be confined to private property. The City shall have the right to remove and destroy unsightly signs or remove signs after the five (5) day limit and assess a fee of five dollars ($5.00) per sign for removal. Section lO-3-9-(B)-2(k): OVerhanging signs. Section 10-3-9-(C)-5: ever"aftg~n~ 8i~ns wi:!:l-be al%owea 'l:o-pro;eet- over-pttb:!:ie ri~h~-ef-waye fn-t~e-Vfl:!:a~e-of MOPlticello-ufttfl-December 31, :!:9~67 whfcl't is-tl'te-c"t!t-o~f-date af~er whfcl't fto-overhan~i!'l;g-sigPls-will be- l'ermfted. Section 10-3-9-(e)-2: AN~UAL_SIG~ aAll6ERS-LiCBNSES.- All si~n-han~e~s- en~a~i~g-i~ ~he eusi!'l;ess-o~ erectin~,-censt~uetin~,-e~lar~i!'l;g7 al~e~a- 'l:ien7 ~e~air7 mevin~,-remevin~,-demelis"i~g7 er-e~ip~iRg-a-sig!'l; shall be-reqtlired ~o-be :!:ieeftsed-annttally.- Pees-for-sign fia!'l;gere lieense ~hall be-proviaed in-t~e-Mon~ieello ei~y-Ordinanee~ - 3 - . . . Planning Comm~sqion Minutes - 1/12/82 Section 10-5-4-(C)-3: The prov~s~ons of section lO-22-1 t5r (E) of this Ordinance are considered and satisfactorily met. Section 10-22-1-(A): Request for amendments or conditional use permits, as provided within this Ordinance, shall be filed with the Zoning Adminis- tration on an official application form. Such application shall be accom- panied by a fee as outlined in Chapter 25. This fee shall not be refunded. Such application shall also be accompanied by een-tle)-copie~ of detailed written and graphic materials fully explaining the proposed change, develop- ment, or use. The Zoning Administrator shall refer said application, along with all related information to the City Planning Commission for considera- tion and a report and recommendation to the City Council. Section 10-22-1-(C): ~h~ ap~lican~ er-a-rep~esentative ~hereof ~hall ap~ear-before ~he Planning-Commission in-o~der-to an~wer-~e~tions-conee~n- in~ ~he proposed-amendment-o~ eonditional ttse. section 10-22-1-(D): The amendment or conditional use application shall be referred to the City staff for a report and recommendation to be presented to the Commission. A preliminary draft of the City staff's report and recommendations shall be given to the City Planning Commission at least een tl8~ three (3) days prior to the meeting at which said report and recom- mendations are to be presented. The final report and recommendations to the City staff is to be entered in and made part of the permanent written record of the Planning Commission meeting. Section 10-22-1-(G): The Planning-Commission City Staff shall set a date for a public hearing. Notice of such hearing shall be published in con- formance with the State Law and individual notices, if it is a district change or conditional use permit request, shall be mailed not less than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property according to the wright County assessment records, with- in three hundred fifty (350) feet of the parcel included in the request. Section 10-22-2-(N): ~he Soning-Adminis~rator-sfiall-netify ~he applicane of-the-Counc~l~s-dec~s~on-in wr~t~n~.- Section 10-22-3-(D): PB~ORMAN~E-BgNQ:- ~.- Bxeept-iR ~he ea6e-o~ ROR-~n- eome-pFoQueiRg-residen~ial-p~ope~ty,-upoa appreval-o~ a eORditioRa~ ~se pe~mit-t~e-City shal~ ae-p~oyiaeQ wi~h-a-sQrety sORdT ea6h-esc~ow,-cer~i- ~iea~e-o~ Qepo6iB,-sec~rities,-o~ ea6h-depesit-p~ier-tg ~hQ issuin~ Qf BuilQiag-permi~s-o~ initia~ien-o~ WO~k-OR ~he prepesed-imp~o~emeRt. er Qe~e~OpmenB.- Said-secQrit~ 8hal~ ~uaran~ee eORfermaRces-aRd-cgmpl~aRcQ wiEh-tRe-cenai~iens ef-t~e-cenQi~ienal-u8e-permi~ anQ ~he ~OQe6 ef-tAe-C~ty. - 4 - . . . Planning Commission Minutes - 1/12/82 section lO-22-3-(D) continued: 2.- ~he seeuEiBy-sRa~l-be in-tRe-amo~nB ef ~he ei~y-Eng~neer's er-City BuilaiRg-IRspeeterLs-estimated-ces~s-o~ la50E ~nd ma~erials ~or ~he ~repesed-improvements er-develepmeRtT -Saia ~rejec~ ean be-handled-in stages-u~on ~he aiec~e~ien-o~ ~he ~i~y-ERg~nee~ an~ BuildiRg-IRs~eeterT -3T -T~e-City shal~ ~o~d-t~e-sec~rity ~n~i! eomp~e~ien ef-tfie-p~o~ose~ im~revemen~s-or aeve~o~en~ ana a eert~ficate ef-oec~paney indiea~ing-cempl~ance wi~h-tfie-cendi~ienal-use-permi~ and erdinances-or ~he ei~y-has-been issued-by ~he eiey-B~i~din~ ~nspec~o~.- 4.- Fail~re ~o eomp~y-witfi ~he eond~tions-o~ ~he eonditiona~ ~se ~ermit-and/or ~he er- dinances-o~ ~he ei~y-sfta%l-res~l~ in-fer~eit~re ef-t~e-sec~rity. Section 10-23-8: PERF8RMANCE BOND~ -(~)- Exee~t-in ~he ea~e-or non-~n- eome-p~odueing-residen~ial-p~o~erty ~pen-a~provai ef-a-variance er-a~pea~, ehe ei~y-sha~l-be ~revided-with a sure~y-bend,-cash eserew, eertificate of de~osi~,-sec~rities or-cash de~o~i~ prior ~o-the-i~s~ing-or building-per- mi~s-or initia~ien-or work-on ~he ~reposed-improvements er-develepmentT Said seeuri~y-sha~l-g~arantee-cenrormanee-and-cem~liance wi~h-the-cendi~ien~ ef-the-variance er-a~pea~ and ~he ordinances-or ~he ei~YT tB~-- ~he seeuri~y-sha~l-be in-the-amo~n~ of-lT5-t~es-the-City en~ineer~s- er-B~i~ding ~nspec~or's eseimaeed eost-or ~abor and ma~e~ial~ for ehe ~re- ~osed ~~rovemen~s-or deve~o~ene. tc~ -The-City shall ho~d-the-sec~rity ~n~i~ eomp!eeien-or ehe ~ro~esed-im- prevemen~s-or develo~en~ and a ee~tificate ef-oec~paney-indicating eom- ~liance wiBh-tfie-variance er-a~pea~ and erdinances-o~ ~he ei~y-has-been is~ued-by ~he eity-B~ildin~ ~nspec~oE. tD~ -Fai~ure-te eomp~y-with ~he-cendi~ien~ ef-the-variance er-a~pea~ and ~he erdinances-of ehe ei~y-sha~l-res~l~ in-ferreit~re of-the-sec~rity. Section 10-23-8: RECONSIDERATION: Whenever an application for a variance has been considered and denied by the planning Commission or City Council, a similar application for a variance affecting substantially the same property shall not be considered again by the Planning Commission or the City Council for at least six months from the date of its denial: And a subsequent application affecting substantially the same property shall like wise not be considered again by the Planning Commission or City Council for an additional six months from the date of the second denial unless the de- cision to reconsider such a matter is made by the Planning Commission. If such a request is denied by the Planning Commission, the applicant may appeal this decision to the City Council. Section 10-24-1: ISSUANCE: No building or structure hereafter erected or moved, or that portion er of an existing structure or building erected or moved shall be occupied or used in whole or in part for any purpose what- soever until a certificate of occupancy shall have been issued by the Building official stating that the building or structure complies with all of the provisions of this Ordinance. - 5 - . . . Planning Commission Minutes - 1/12/82 section 10-24-2: APPLICATION: Said certificate shall be applied for coincident with the application for a building permit, conditional use permit, and/or variance and shall be issued wi~hin-ten-(lQt days after the Building Official shall have found the building or structure satis- factory and given final inspection. Said application shall be accompanied by a fee as outlined in Section lQ-25-4. Section lO-24-3: REQUIREMENT: Construction performed pursuant to the provisions of the ordinances establishing and regulating Building Codes of the City of Monticello shall not be subte subject ~ the requirement of a Certificate of Occupancy established by this Ordinance. Section lO-22-5-(M) :_ Approval-of a reques~ shall require passage by-a fo~r-fif~h-(4/5)-vete ef-the-f~ll ei~y ee~neil. Section lO-22-3-(B): RECONSIDERATION: Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the date of its denial; and a subsequent application affecting substantially the same property shall likewise not be considered again by the Planning Commission or City Council for an additional six (6) months from the date of the second denial unless a decision to reconsider such matter is made by no~ le~s t:han-feu~-riftlo1s-(4/5)-vete of-the-f~ll City Council. Seet~on le-23-6-tFt:- A va~ianee-or ~h~s-Zonin~ erdi~a~ce er-g~ant-or an- ap~eal-s~all-be for ro~r-fift:hs ~4/5~st vo~e-or ~he rull-Plann~n~ eom- ~iesioft eeEv~n~ as-the-Bea~d-of ~djustment-and-Appeals~ -Sho~ld ~here he- ~ees-than fo~r-(4)-Plaftn~n~ eommissien-Memhers-present-at: any meetin~, t:he ap~lican~ may have-the4mat~er breu~ht: di~eetly-te ~he ei~y-Ceuftcil or-have ~he ftearin~ eOftt~n~ed at-a-Plannin~ eommissien-mee~ing-a~-a ~a-eeE eate. Section lQ-23-6-(K): A ~rant: ef-aft ap~eal-reqHi~es a fo~r-fif~hs ~4f5~st vo~e-of ~he fu~l-City eottne~l ~o-reverse-tlo1e-decision ef-the-Plannin~ eommis!lienT Section 2-2-2: ORGANIZATION; MEETINGS: The Commission shall elect a chairman from among its members for a term of one year and the Com- mission may create and fill such other offices as it may determine. The Plannins Commission shall hold at least one (1) regular meeting each month. This meeting shall be held on the ~hire second Tuesday. Regular meetings shall cOmmence at seven thirty o'clock (7:30) p.m. Hearings shall be heard at-sQven-EQ-!.'lioy-f;i,ve Q'Qleclo< .p+JIi) -I)...m...,~oJ; as soon there- after as possible. The Planning Commission shall adopt rules for the transaction of business and shall keep a record of its resolutions, trans- actions and findings, which record shall be a public record. - 6 - . . . Planning commission Minutes - 1/12/82 Entire Section 10~20 Planned unit Development: Revised copy of proposed revision is available at city Hall. Section lO-3-4-(G)-1: One and/or two family dwellings and townhouses: the minimum floor area for such type buildings shall be as follows: One Story Dwelling ... 960 Square Feet Two Story Dwelling - 750 Square Feet. EXCEPTION: 1. The minimum square footage of one storr building may be reduced to 864 square feet if a garage is added with at least 336 square feet. In no case, however, shall the minimum dimension of that garage be less than 14 feet. On all of the above ordinance changes, the voting was unanimous by Ed Schaffer, Jim Ridgeway and Bill Burke to\recommend approval of these revisions and deletions to these various ordinance sections. Abstaining was Joyce Dowling. 4. Consideration of Appointment of Chairman for 1982. A motion was made by Bill Burke, seconded by Ed Schaffer and unani- mously carried to appoint Jim Ridgeway as chairman for 1982. Meeting Adjourned ~ - 7 ""