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Planning Commission Minutes 04-12-1983 . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION April 12, 1983 - 7 DO P. M. Members Present: Jim Ridgeway, Joyce Dowling, Ed Schaffer, Richard Carlson. Members Absent: Don Cochran. 2. Approval of the Minutes. A motion was made by Schaffer, seconded by Dowling and unani- mously carried to approve the minutes of the meeting held on March 15, 1983. 3. Public Rearing - Sideyard Set Back Variance Request - Donald Q. smith. Mr. Don Smith of 425 West River Street reapplied for a variance request to build a new garage to within 2 feet of his easterly property line. The property is currently zoned R-2 and is on Lots 1 and 10, Block 56. . Mr. Smith previously applied for and was granted a variance by thE City Council and Planning Commission in February of 1979 to rui1d this garage, but since the garage was not built within one year, City ordinances require thatthevariance be reapproved. Mr. Smith proposes to remove a small garage which is currently located right on the property line and replace it with a new 24 by 26 foot garage, two feet from the property line. The abutting property owner to the east, Mr. Kermit Bensen, again does not object to Mr. Smith building to within 2 feet of the property as long as it is noted that Mr. Smith would not object to Mr. Bensen building a new garage some day in the future, also approximately 2 feet fram his property line. Mr. Smith noted that he was willing to construct the easterly wall of his new garage with a fire wall as it will be located less than 10 feet from Mr. Bensen's existing garage. A motion was made by Schaffer, seconded by Carlson and unani- mously carried to approve the variance request to build a garage to within 2 feet of the easterly property line. Public Hearing - Consideration of a Variance Request to Allow for a Pre-Formed CUrb - Silver Fox Motel. 4. . Reinert Construction Company of Sauk Rapids on behalf of the Silver Fox Motel, requested a variance to be allowEd to use the pre-formed type of curb and gutter along the southerly edge of a new parking area being developed at the SLiver Fox I>'ootel. - 1 - planning Commission Minutes - 4/12/83 . The new parking areas are the result of an expansion currently taking place at the motel site. Their reason for requesting to be allowed to use a pre-cast type of curb is that it could be removed in the future to allow for future expansion of the parking area if the motel develops further. They also doubt that if a permanent curb to meet the City ordinances was in- stalled at the present time, it would have to be torn up and relocated in the future at an additional cost to allow for the expansion of an additional 22 more parking spaces. City ordinances require that a curb be concrete, insurmountable and contiguous, but it was the Planning Commission's opinion that a pre-cast type curb and gutter would not currently meet City ordinances and would not be allowable as a permanent solution. It was also noted by the Planning Commission that according to the site plan presented, the majority of the future expansion of the parking area at the Silver Fox Motel will be located to the east of the present building and the likelihood of expanding the parking lot to the south of the building seemed remote. . Concerns were also expressed by Planning Commission members that the type of curbing requested does not meet the standards originally intended by the City for permanent curb and gutter and as a result, a motion was made by Schaffer and seconded by Dowling and unanimously carried to deny the variance request allowing the Silver Fox Motel to use the pre-formed curbing around the south end of their new parking lot. It was also noted for the record that the original parking lot at the Silve r Fox Motel does not have permanent curb and gutter and that a variance was granted previously to allow them to continue to use curb stops only and they did not feel this would be a hardship in requiring the new parking areas to have permanent curb and gutter to meet City ordin- ances. 5. Public Hearing - Variance Request for Permanent Banner and Permanent Portable Sign - McDonald's corporation. McDonald's Restaurant of Monticello applied for a variance to be allowed to display a heavy vinyl 2 foot by 23 foot banner on their roof overhang permanently. In addition, they also requested to be allowed to use a 4 by 6 foot portable sign on their property that would advertise certain specials, etc. . The manager of the restaurant indicated that the vinyl promotion banner would be located on the roof soffit on the south side of the building. and would not necessarily be permanent in nature but they would like to be able - 2 - Planning Commission Minutes - 4/12/83 . to use it on various occasions throughout the year to advertise certain promotional items. It was also noted by the restaurant manager that the portable sign would be located near the build- ing mainly during the summer months to also advertise specials and promotional items. City ordinances due allow the use of banners and portable signs but only on a temporary basis of lO days maximum and only twice a year (every 180 days). Ordinances also require that the portable sign not exceed 4 square feet and the proposal by McDonald's would be for approximately a 24 foot portable sign. The planning Commission members expressed concerns over the possible precedent this variance might set as it could open up requests from many businesses for similar type additional signs. It was also noted that if a banner is basically used all year long, it just becomes another sign and would not meet the ordinance's intent of allowing a temporary banner for promotions, etc. It was noted by the restaurant manager that he felt the changing of messages on both the portable eign and the banner would increase sales and should not be considered the same as a permanent sign. . Mr. Larry Flake of Monticello Ford recommended to the Planning Commission that possibly th€ ordinances should be changed.to allow for a longer period of time that portable signs and banners could be used to say 30 days with possibly a 30 day waiting period in between each issuance of a permit. He felt that portable signs have become quite popular for advertising promotional and special items and that possibly the City's ordinance is to restrictive. After further discussion on the item, a motion was made by Schaffer to grant the variance request to McDonald's. Since the motion did not receive a second, the variance request was denied. 6. Public Hearing - Conditional Use to Allow outside Sales and Equipment Rental (U-Haul Trailers) - Maus Tire Service. Mr. Jim Maus of Maus Tire Service, South Hwy 25 requested a conditional use permit to be allowed to have outdoor storage of U-Haul trucks and trailers located at his tire service building for rental purposes. Mr. Maus recently took over the U-Haul rental business that was previously located at the Freeway standard Station. . - 3 - . . . Planning Commission Minutes - 4/12/83 As part of the conditional use conditions, the equipment rental is limited to 30% of the gross floor area of the principal use and it'appears that a number of vehicles and trailers that will be located on the property would meet the 30% requirement and ~ould not use any of the required parking spaces needed for the tire business. As a result, a motion was made by Carlson, seconded by Dowling and unanimously carried to recommend approval of the conditional use permit for outside storage of U-Haul trailers. 7. Public Hearing - Conditional Use Permit for a Minor Auto Repair Facility in a B-4 Zone and Consideration of a Variance from Hard Surfacing of Parking Area - Pat Townsend. Mr. Pat Townsend at the November 16th, 1982 Planning Commission meeting requested and was granted a conditional use permit to be allowed to operate a minor auto repair shop at his home located at 107 Locust Street. Because of an increase in busi- ness, Mr. Townsend has now reapplied for a conditional use permit to open a minor repair facility in a portion of the former Monticello Ford Garage located across the street from his present facility. Mr. Townsend proposes to use the former body shop portion of the Monticello Ford Garage which is located on the north end of the building which has access through an alley off of Locust Street. The size of the body shop he will be renting from Larry Flake is 30 feet by 52 feet and would have sufficient size for at least two vehicles at one time. Mr. Townsend indicated that if the conditional use permit is granted, he still requested that he be allowed to use his present site, (home location) for a storage facility for his repair business. He also noted that the access from the body shop portion of the Ford Garage into the main part of the Ford Garage will be sealed. His intentions are to add another overhead garage door and the body shop site would have three exits. Mr. Larry Flake, owner of the former Monticello Ford Garage, also requested that a one year variance be granted on the hard surfacing of parking area required for this repair facility to see if the business will become established before any additional funds are spent for improving the park- ing areas. Mr. Flake noted that the area for the parking requirements for the repair facility would be located in the back of the building off of the so called alley and that the adjacent lot on the west side of the Ford Garage would not be used for parking. The Planning Commission members expressed concerns over Mr. Townsend having two locations under a con- ditional use permit for repair facilities and felt that if a - 4 - Planning Commission Minutes - 4/12/83 . new conditional use permit was granted for the Monticello Ford Garage, the old permit for his home location should be con- sidered expired. Mr. Townsend noted that he would only be using the old site for stonage of parts, etc. and did not plan to repair cars at the former location. A motion was made by Dowling, seconded by Carlson and unani- mously carried to recommend approval of a conditional use permit for an auto repair facility in the body shop area of the old Monticello Ford building contingent upon: 1. That the parking areas for the business be behind the building only. 2. That a variance on the black topping and the condi- tional use permit be granted for one year at which time it would be reviewed. 3. That the old conditional use permit granted to Mr. Townsend be considered expired for an auto repair facility. 4. That the conditional use permit is to Mr. Townsend only at this facility. . 8. Public Hearing - Development stage of the pun - victoria Square - Mike Reher. Mr. Mike Reher, presented to the Planning Commission as part of the development stage a preliminary plat for his property located in the vicinity of Cedar Street and Dundas lying east of HWy 25. The revised concept plan recently approved by the Planning Commission indicated that all of present Cedar street lying south of the Dundas Road extension proposed would be vacated with half of the property being given to Mr. Reher and the other half to Mel Wolters who plans on joining Mr. Reher in his platting of the property and who would become a part owner in what is now to be known as Block 2 of Victoria Square. The preliminary plat as proposed would create 4 outlots with Block 1 being immediately platted into 27 townhouse sites. It was noted that the original concept plan indicated that possibly Cedar Street lying north of the proposed Dundas Road extension would also be vacated with the east half of Cedar Street being incorporated into his commercial building development to be used for parking, etc. . - 5 - Planning Commission Minutes - 4/12/83 . Recently, a meeting was held with Mr. Reher along with Mel wolters, Bob Danner and a representative of the Automatic Garage Door Com- pany to discuss the possible vacation of Cedar street according to the previously amended concept plan. At that meeting, Bob Danner indicated some opposition to the eventual vacation of Cedar street north of Dundas Road as he felt it could cause problems for his access to his property for his trucking business. In addition, Automatic Garage Door Company felt that the vacation of the street could be accomplished in the future provided that the new proposed Cedar Street through Victoria Square could be located to provide proper access for their facility. Since a mutual agreement could not be reached at the present time with all of the property owners involved, it was decided that the Cedar street lying north of Dundas road would not be immediately vacated and as thus, is not incorporated into the preliminary plat. . In regard to the Cedar Street realignment, the preliminary plat at this time does not dedicate the new Cedar Street as part of the preliminary plat, but Mr. Reher has signed an agreement indicating that the proposed Cedar street shall be platted north of Dundas Road at the time outlot B is developed. The actual road alignment will be established in the future as part of the replatting of outlot B. It was also noted that as ..part of the original platting of the outlots, the proposed Dundas Road extension to Hwy 25 would be dedicated and given to the City as part of the platting process. As part of the preliminary plat, Mr. Reher also presented the preliminary plat for Block 1 which will consist of 27 townhouse units. As recommended at the concept stage, the townhouse units were cut from 29 to 27 units and set back distances were altered to allow for more parking in front of each of the garage units. The elimination of two townhouse units also resulted in a larger area in the corner of the development for playground purposes per the Planning Commission's recommendation. The actual platting for Block 1 for the townhouse units is considered as Phase I of the Victoria Square Development and it is Mr. Reher's intention to immediately start some model townhouse units once approval is granted by the City Council. As part of the original concept plan, the Planning Commission previously recommended that Block land 2 of Victoria Square lying south of Dundas Road be rezoned to R-3 (Multiple Family Residential) and B-3 (highway business) respectively. This rezoning would comply with the previously approved concept planas amended. . - 6 - Planning Commission Minutes - 4/12/83 . After completing the review of the development stage, preliminary plat and Phase I as presented, a motion was made by Carlson, seconded by Dowling and unanimously carried to approve the development phase of the Planned unit Development including the preliminary plat and also Phase I of the development as presented with a recommendation that Block 1 for the town- house units be rezoned to R-3 and that Block 2 of the pre- liminary plat be rezoned to B-3 from current zoning of R-l, single family residential. 9. Public Hearing - Conditional Use Permit to Allow an Auction Sales/ consignment Bales Facility in a B-3 Zone - Bob Davis. In May of 1980, Mr. Davis applied for a conditional use permit to establish an auction sales facility at his home directly west of Heskin's Electric in Oakwood Industrial Park. The con- ditional use permit was granted by the Planning Commission and City Council, but only after a couple of months of operation Mr. Davis decided not to continue the operation. . Mr. Davis has now reapplied for the conditional use permit to again allow for an auction sales facility at his property in a 32 by 72 foot building. According to City ordinances, an auction house of this size would have to have approximately 58 parking spaces which Mr. Davis plans to install and black top yet this summer. In regard to the curb and gutter require- ment by the City, Mr. Davis requested a variance to eliminate the curb and gutter requirements around his parking area as he felt the area surrounding his property is not yet developed and curb and gutter would not be necessary to provide for adequate drainage. Mr. Davis also felt that the installation of curb and gutter might hinder water drainage rather than help direct it to the proper areas. The Planning Commission members were concerned over the estab- lishment of an auction sales facility that might have alot of outside storage and sales activity. City ordinances do allow for up to 30% of the gross floor area of the principal building to be used as an area outside of the building for outside sales. Additionally, as part of the conditions for issuing a permit, the Planning Commision and the City Council can be more re- strictive in allowing for the issuance of a conditional use permit and it was recommended by the Planning Commission that if this conditional use permit is granted, the auction sales/ consignment facility be restricted to inside the building only with no outside storage or sale of items taking place outside. . - 7 - . . . Planning Commission Minutes - 4/12/83 In regard to the curb and gutter variance, the Planning Com.,,-, mission members felt that the area is currently with the Victoria Square Development in the process of developing quite rapidly and felt that a precedent might be set in allowing a permanent variance from curb and gutter require- ments. As a result, a motion was made by Schaffer, seconded by Dowling and unanimously carried to recommend approval of the conditional use permit to Mr. Davis for the auction sales facility contingent upon: 1. That no outside storage or sale of items take place outside. 2. That the conditional use permit be granted on a one year basis and that a variance from the curb require- ments be for one year at which time both items would be reviewed. 3. That the hard surfacing of the parking lot be completed within 4 months. 9. Consideration of a Simple Subdivision - Milt Olson. Mr. Milt Olson, who owns Lots I and 2, Block P, Townsite of Monticello, requested a simple subdivision allowing him to subdivide these two lots into two new, lots to be known as the south half of Lots land 2 and the north half of Lots I and 2. The lots as originally platted were 66 by 165 feet and are located along Minnesota Street south of 6th Street. Mr. Olson would like to sell of the scuth half of Lots land 2 for a building site to Mr. Francis Duquay and the new lots would be 82~ feet wide along Minnesota Street and 132 feet deep. A motion was made by Dowling, seconded by Schaffer and unani- mously carried to approve the simple subdivision of Lots 1 and 2, Block P, into the south half and the north half. /!)ion L,/W was made and seconded to adjourn the meeting. Rick Wolfstel r Assistant inistrator - 8 -