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Planning Commission Minutes 04-18-1978 ,,. . . , -: MONTICELLO PLANNING COMMISSION Tuesday, April lS, 1975 -- 7:30 P.M. Members present: Jim Ridgeway, Fred Topel, Fran Fair, Dave Bauer, Loren Klein. Members absent: Denton Erickson. 1. Approval of minutes. A motion was made by Fran Fair, seconded by Fred Topel, and unanimously carried to approve the minutes of March 21, 1978 and April 11, 1978. 2. Public Hearing - Conditional Use Permit for a Pet Hospital on former promart Site. Mr. Sam Peraro has applied for a conditional use permit to remodel the former Promart Building presently occupied by the Printing Place, into a pet hospital. Since this area is currently zoned as B-3 a conditional use permit would be necessary . The property is includai in the purchase agreement between Mr. Peraro and Dr. Joel Erickson pending approval or denial of this conditional use permit. Dr. Erickson has chosen to waive two previous conditional use permits because of their financial aspects and purchase a building of his own rather than lease one. Dr. Erickson was present at the meeting and indicated that he is willing to comply with the conditions that were set out for his previous two conditional use permits except that he would like to treat large animals but they would not be boarded overnight. A motion was made by Dave Bauer, seconded by Fran Fair and unanimously carried to approve the conditional use permit with the following conditions: 1) No pets or kennels outside; (this would still allow Dr. Erickson to have a walk area which would be enclosed on the south side of the building for the pets); 2) Annual inspections by the city health officer at owner expense; 3) All animals must be leashed; 4) Treatment would be limited to small domesticated animals and large animals. Large animals would not be allowed to be boarded overnight; 5) Sideyard setbacks would be 20 feet instead of 10 feet; 6) No outside storage of carcasses. 3. Public Hearing - Conditional Use Permit Request Renewal - J. W. Miller. Mr. J. W. Miller was requesting a conditional use permit renewal for a permit previously granted him for a proposed ~plex on the northwest comer of 4th and Minnesota Streets (Lot 5 Block 27) and a variance permit for an S' yard setback. Variances and conditional use permits do lapse after one year and it is necessary for Mr. Miller to renew the permit at this time. Current city ordinances would allow a four unit dwelling to exist on the lot size as proposed by Mr. Miller however, the contemplated city ordinances do include an amendment which was approved by the Planning Commission requiring that a four unit family dwelling have an S,ooo square foot lot plus 2500 sq. feet for each additional two bedroom apartment, thereby requiring this four plex to have a lot size of 15,500 sq. feet. Following was testimony received at the meeting: Nick Goman: Mr. Goman indicated that he felt the area proposed for the four plex was too small in light of the number of families that it would contain. Additionally, he felt that it would bring more congestion to the area. " . . . ~18-78 Dan Blonigen: Lot size would be too small and as a result variance would be needed. He objected to the request. Mr. J. W. Miller was present and felt that the area was a good area for a four plex and that it was close to schools and churches. A motion was made by Fred Topel, seconded by Fran Fair and unanimously carried to deny the request. 4. Sideyard Variance - Tom St. Hilaire. Mr. St. Hilaire is requesting a sideyard variance of one foot on each side of his lot, Lot a, Block 1 of Hoglund Addition. Mr. Hilaire indicated that he was not aware of the sideyard variance requirements and that they would impose limitations on the construction of his home and it would take a revised set of plans in order to meet the requirements. Motion was made by Fred Topel, seconded by Fran Fair, and unanimously carried to grant the variance request. 5. Consideration of Granting a Variance to Allow a Driveway to Extend to the Property Line for Mr. Frank May. Mr. Frank May has purchased the piece of property at 1001 West Broadway. This is a duplex that was grandfathered in when that area was annexed into the city. The property is currently zoned as ~1, Single Family Residential. In the lower level, there is a small single tuck under garage which at the present is accessible only by driving around the house on a dirt driveway that touches the property line to the east. To enhance the appearance and prevent erosion of the ground since this driveway slopes down a hillside, Mr. May would like to blacktop this driveway. In his variance request he is asking for permission to put blacktop up to the property line. Motion was made by Fran Fair, seconded by Dave Bauer and unanimously carried to approve of the request. 6. ilonsideration of Granting a Variance Permit to Allow a Driveway to Extend to the Property Line - for Gene Jensen. Mr. Gene Jensen is requesting a variance to allow him to cover his present driveway at 711 East 4th Street with blacktop. This would require a variance since the driveway .would be proposed to be put up right to the abutting property line. Mr. Jensen has a 66 foot lot and his garage is behind his home. By having a blacktop driveway, he could rid himself of using his existing dirt and gravel driveway. A motion was made by Fran Fair, seconded by Fred Topel and unanimously carried to approve the request. 7. Mr. William Hoffman, Harold Ruff's attorney, indicated that the reason for the request is as follows: 1) Mr. Ruff has operated a salvage yard for approximately 30 years; 2) The area did get annexed in 1974 into the City of Monticello but previously had been industrial according to the county's plan; 3) Salvage yards according to the Monticello City Ordinance are to be in an I-2 or Heavy Indus- trial Zone; 4) There are a number of existing nonconforming uses in the area if the area would remain as residential and he felt more appropriately the Ruff property should be zoned as industrial to conform with the surrounding area; 5) Industrial area would not conflict with the traffic congestion that would possibly arise if there were to be an interchange at West County Road 39, and also an overpass on Elm Street over I-94. -2- ','-r . . . l.v-18-78 Mr. Hoffman went further on to explain that Mr. Ruff is grandfathered in as a salvage yard and there is really nothing the city can do to amortize him out of business. At this point, Mr. Ridgeway, Planning Commission Chairman asked "Why do you want to rezone the area if you are grandfathered in?" Mr. Ridgeway went on to explain that he felt that he was certainly comfortable with the situation of the existing salvage yard and did not see any particular reason for the rezoning request. Mr. Hoffman answered that Mr. Ruff wanted the area to be zoned properly in accordance with the city zoning district map, and wanted to be a conformi.J.'1.g use, rather than a nonconforming use, and additionally that no building addition could be put up at this time if it were not properly zoned. However, Mr. Hoffman did add that he feels that Mr. Ruff would be satisfied with the present zoning and indicated that apparently there was no need right now to add on another building at this time. A motion was made by Fred Topel, seconded by Fran Fair, and unanimously carried to deny the rezoning request. 8. Public Hearing - Consideration of Preliminary Plat - Balboul Estates. Mr. Elie Balboul is proposing a 16.7 acres plat just west of Anders Wilhelm Estates. This plat consists of 31 residential lots ranging in size from 12,100 sq. ft. to 24,100. The proposed use would conform to the present and future zoning and the comprehensive plan for this area. It would appear that all city ordinances are met relative to minimum lot sizes and widths. Addition- ally an area of approximately 3.1 acres is proposed for park land. This ded- ication for park land would be more than adequate to meet the city' s requir~ ment of 1~ of any new development be dedicated for park development. Mr. Balboul' s consulting engineer, Mr. Bob Rohlin, presented the plan to the Planning Commission and also reviewed the letter from Orr Schelen Mayeron & Associates of April 17, 1978 relative to their comments on the plat. Mr. Rohlin did indicate that the grading plan has been revised in accordance with the comments from OSM. There was some concern by OSM relative to the land dedicated for park and the drainage for the area and surrounding lots. Addition- ally a question was raised as to whether the city would desire to maintain a park area of the size and nature that is being presented by Mr. Balboul. According to OSM, it is recommended that a ponding area be maintained in the park area north of the proposed road called Hedman Lane. Mr. Dick Dwinell did also point out that there might be some maintenance problems with caring for such a large park area if it was not sui table to be put into a playground or other active use type of park. Motion was made by Fred Topel, seconded by Fran Fair and unanimously carried to approve the park dedication as proposed contingent upon the city engineer reviewing the land to see if it would be acceptable for usage by the City. A motion was made by Fran Fair, seconded by Dave Bauer, and unanimously carried to approve the preliminary plat. 9. Scheduling Next Meeting. Due to a connict, by consensus, the Planning Commission decided to have their regular meeting in May set for May 23, 1978. A motion was made by Dave Bauer, seconded by Fred Topel and unanimously carried to adjourn. ~~ a)a/~ 'W er, City A . 'strator GW/ mjq -3-