Planning Commission Minutes 07-12-1988
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MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, July 12, 1988 - 7:30 p.m.
Members Present:
Richard Carlson, Cindy Lemm, Richard Martie, Mori Malone,
Dan McConnon.
Members Absent:
None
Staff Present:
Gary Anderson, Jeff O'Neill.
1. Meeting called to order by Chairman Richard Carlson at 7:33 p.m.
2. Motion by Cindy Lemm, seconded by Richard Martie to approve the minutes
of the regular meeting held June 14, 1988. Motion carried unanimously.
3. Simple subdivision request to subdivide three residential lots into two
residential lots. Applicant, Don Bauer.
zoning Administrator, Gary Anderson, explained to Planning Commission
members Mr. Bauer's request to subdivide three existing platted lots of
the original plat of the City of Monticello into two residential lots.
The existing three lots are currently 66 feet by 165 feet. Mr. Bauer is
proposing to subdivide the lots the other way in an east/west direction
to accomodate a size of 82 1/2 feet by 198 feet in depth. The newly
subdivided lots would meet the minimum lot width, 80 feet, and meet the
minimum lot square footage, 12,000 square feet.
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Chairman Richard Carlson then opened up any input from the public, with
no input from the public he turned it over to the Planning Commission
members for any questions they might have. Mori Malone questioned Mr.
Bauer as to what type of housing he is proposing to use on these two
lots. Mr. Bauer indicated he would like to construct two single family
homes on these lots.
With no further input from the Planning Commission members, a motion by
Richard Martie, seconded by Dan McConnon to approve the simple
subdivision request to subdivide three residential lots into two
residential lots. Motion carried unanimously.
4.
Public Hearing - Variance Request to allow erection of a pylon
excess of the maximum height allow and to be allowed to place
sign within the minimum set-back from a public right of way.
Coast to Coast Store.
sign in
a Pylon
Applicant,
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Zoning Administrator, Anderson indicated to Planning Commission members
Mr. Larson, owner of the Coast to Coast Store, request to be allowed to
place a pylon sign within the set-back from public right of way also to
be allowed to exceed the maximum height and square footage allowed by
ordinance. Mr. Larson is proposing to construct the Pylon sign within
10 feet of a public right of way and to be allowed to construct a Pylon
sign of 20 feet in height, which the sign square footage would be 64
total square feet.
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With no further input from the city Staff, chairman Richard Carlson
opened up any input from the public. There was no input from the
public, therefore Chairman, Richard Carlson opened up for any questions
from Planning Commission members.
Mr. Richard Martie questioned Mr. Larson as to if the pylon sign to be
erected would be lighted and to what hours the sign would remain lite.
Mr. Larson indicated, yes the sign would be lighted and it would be put
on a time clock to corne on at dark and shut off approximately 45 minutes
to an hour after the store closes in the evening, similar to his
exterior parking lights.
Dan McConnon questioned the set-back in regards to how far the sign
would be set back from the actual travel portion of the road. zoning
Administrator, Anderson indicated to Mr. McConnon and Planning
Commission members that the public street is platted with an 80 foot
platted street. From the center of the street to the curb we have
approximately 16 to 18 feet of asphalt, therefore, from the face of the
curb to the end of the public right of way or front lot line of Mr.
Larson's lot, we would have approximately 22 to 24 feet of boulevard or
green space. Mr. Larson is proposing to place the pylon sign post in the
center of two parking spaces which are together.
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Chairman Richard Carlson questioned the need to go with the additional
height in the sign. Mr. Larson countered that the additional height of
the sign was needed to get the exposure that would be needed from Walnut
Street and Highway 25 or pine Street for the view of the public
traveling on portions of these streets.
Another reason for the additional height is that the sign, when
constructed as it's proposed height, would allow a vehicle to travel
underneath the sign and not incur any damage to the sign. In reality,
looking at the proposed sight of this pylon sign the elevation of the
center of the street which the sign would get it's major exposure, to
the elevation of the sign, is a possible 2 foot differential.
Therefore, the sign itself would probably only need a 2 foot variance
instead of a 4 foot variance. Mr. Dan McConnon questioned how Mr.
Larson's sign would receive visability with all the trees that are
planted along Third Street in the Boulevard area. Mr. Larson indicated
that they would still be able to get the exposure needed on this pylon
sign from people traveling on Highway 25 or Walnut Street with the
visual contact to be before they get to the Third street intersection.
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With no further input from the planning Commission members, motion by
Dan McConnon, seconded by Mori Malone to approve the variance request to
allow erection of a pylon sign in excess of the maximum height and
square footage allowed and to be allowed to place a pylon sign within
the minimum set-back from a public right of way. Motion carried
unanimously. Dan McConnon indicated the reason for granting of the
variance is that there would be no encroachment in the green area and
the extra sign height and square footage would be needed to receive
exposure from the public right of way streets of Walnut and pine
Street/Highway 25.
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5.
Public Hearing - Variance request to allow a detached garage within the
front yard set-back requirement. Applicant, Merrill Busch.
Merrill Busch was present to propose his construction of a detached
garage within the front yard set-back requirements. Busch indicated to
the planning Commission members the location of his proposed garage
would be within 3 feet of the front property line and 5 feet of the side
property line. Mr. Busch asked consideration for the placement of this
detached garage in this location because it is were the old Carriage
House which stood for many year before it was distroyed. Also the house
is on the National Historical Register and if he is allowed to construct
the garage in the location proposed the garage would be recreated to
resemble the old carriage House.
Chairman Richard Carlson opened up any input from the public, with no
input from the public he then opened up any questions from the Planning
Commission members. Richard Carlson questioned if we have received any
input from the public or the ajoining property owner to the south.
zoning Administrator, Gary Anderson indicated to Mr. Carlson that he had
talked to the adjoining property owners, the Malones, and had no problem
with the location of the garage as proposed.
Dan McConnon questioned Mr. Busch to indicate on his site plan were the
existing natural tree cover is around the garage. Mr. Busch indicated
in driving up to the site, that the proposed location of the garage
would be placed in amoung the existing lilac bushes which are on the
west side of the property and existing trees which are to the east of
the proposed garage site in along the south lot line of the existing
site, you will find many trees which are located in this area.
With no further input from the public a motion by Cindy Lemm, seconded
by Richard Martie to approve the variance request to allow a detached
garage within the front yard set-back requirement. Motion carried
unanimously.
6. Public Hearing - Replatting request to replat an existing lot into eight
(8) townhouse lots and one (1) common area lot. Applicant, Jay Miller.
Mr. Jay Miller was present before the Planning Commission members to
explain his proposed replatting request to replat an existing
residential lot into eight townhouse lots and one common area lot. Mr.
Miller indicated this is the fourth such time he has been before
Planning Commission members to request a replatting an existing platted
lot. Mr. Miller indicated the reason for starting the project and
replatting the project of the proposed townhouse project is that they
cannot establish actual lot lines for each additional townhouse until
the foundations are in and constructed.
Chairman Richard Carlson opened up any input from the public. Mr. Doug
Dehmer questioned why Mr. Miller is comming in to replat the existing
lot into eight townhouse lots and one common area lot if he has already
been issued a building permit to start construction. The zoning
Administrator, Anderson indicated to Mr. Dehmer that the certificate of
survey was required of the developer prior to the construction of the
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actual townhouses. The requirement of the cerificate of survey basicly
sets the placement of the building on the lot. Before Mr. Miller can
come before the Planning Commission members, he had to have the property
resurveyed again to show the actual locations of the foundations of each
townhouse on this particular lot. That is the reason Mr. Miller is
coming before the Planning Commission after he started the construction
of the townhouses.
Mr. Dehmer also questioned the off street parking which is occuring out
there and who is responsible for the removal of the snow now that there
are three townhouses occupied with potential of the fourth one being
occupied by snowfall of this year. Zoning Administrator, Anderson
indicated to Planning Commission members that each of the townhouses as
a minimum requirement prior to them being built are required to have at
least two off street parking, which one space can be enclosed and one
opened, both spaces enclosed, or both spaces open. In regards to Mr.
Dehmer's question on the parking, the public street which goes by the
townhouse on Jerry Liefert Drive is for the intended use of off street
parking of all residents and non-residents of the city. We cannot
dictate to the public were they can or cannot park on the city street.
Mr. Dehmer was quite concerned with the residences of the townhouses
with the people that come to visit them, and parking their vehicles in
front of their house. As to the snow removal, when the snow becomes a
significate amount and has to be removed off the driveway and cannot be
stack anYmOre, it has to be loaded and hauled away from the townhouses.
It is the responsibility of the townhouse association within their
restrictive convenants are responsible to contact someone for the
removal of the snow from each of the driveways and sidewalks in the
eight unit townhouse association project.
Michelle Dehmer reinterated the question of parking in front of the
residences. Zoning Administrator, Anderson indicated to Mrs. Dehmer
that we cannot distinguish within pUblic right of way which of the
public mayor may not park their vehicles, as long as they are parked
off to the side of the road within the public right of way. Anderson
also indicated to the developer, Mr. Miller, that he contact the three
townhouse associations, COlony by the Greens 1st Addition, Colony by the
Greens 2nd Addition, and Colony by the Greens 3rd Addition, and notify
them of the problem they are currently having with the off street
parking. Each of the individual owners of the existing 24 townhouses
could encourage their visitors to utilize the driveway areas of their
townhouses for the off street parking as much as possible.
With no further input from the public, public hearing portion closed.
With no further input from the Planning Commission members a motion by
Dan MCConnon, seconded by Richard Martie to approve the replatting
request to replat an existing lot into eight townhouse lots and one
common area lot. Motion carried unanimously.
7.
Tabled Conditional used request to allow more than twelve (12) apartment
units in a downtown commerical building. A variance request to allow
five (5) existing apartments to remain on the first floor of a downtown
commercial building as a non-conforming use. Applicant, Gary Hammer.
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Mr. Gary Hammer was present to proposed to Planning commission members
that he be allowed to remove the resturant business portion of his
building and be allowed to convert it into other office/retail type of
rental space. The resturant business in this location has a very poor
track record in that the original owner, which was his father, lost
several hundreds of dollars trying to run a resturant. Mr. Hammer also
siting increase of $300 per month insurance only has to be past onto the
leasee or renter of this portion of the building.
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Chairman Richard Carlson opened up any input from the public, with no
input from the public, opened up for any questions from the planning
Commission members. Mr. Richard Carlson asked zoning Administrator,
Gary Anderson to indicate the background to this becoming a use allowing
the resturant in the front and the five apartment units in the rear
portion of this building. Anderson indicated to Mr. Carlson that the
building was allowed to be used in that way through the conditional use
process. Renovation of this existing building started in late fall of
1982 with a permit issued to revonate the upstairs portion of this
building into 10 efficiancy apartments. Then Mr. Hammer came back with
a separate permit to renovate the front portion of this building into a
resturant business. Mr. Hammer then applied for a permit to renovate
the rear portion of this building into five (5) additional apartment
units. His building permits were denied on the grounds that we do not
allow apartment units on the main floor of a retail business building.
Mr. Hammer then sought legal council and his attorney advised him to
contact the city if they could amend the ordinance to allow this type of
use as a boarding house. The proposed ordinance amendment was approved
by the Monticello planning Commission and the Monticello City Council in
1983 allowing additional apartment units on the main floor of a business
building. After the ordinance amendment, Mr. Hammer obtained his
building permit to renovate the rear portion of this building into five
apartment units. That had remained and still remains as his current use
accept with the front most portion of the building having lost it's
leasee or renter for the resturant portion.
Jeff O'Neil questioned Mr. Hammer if he had a retail outlet planned for
this former space occupied by the resturant portion. Mr. Hammer
responded that he had no renter or lea see in mind for the front portion
of his building and he has not tried to market it without first getting
approval to do some other type of use with it other than a resturant use
from the Monticello City planning Commission and/or City Council first.
Mr. Dan McConnon questioned the reality of renting out the front portion
of his building for retail space when there currently exists many vacant
retail spaces already. Mr. Hammer felt with the current retail being
approximately $8 to $10 per square foot which he is currently charging
$4 per square foot for resturant space, he felt with some improvements,
he would be able to secure a possible tenant or tenants for the portion
of the old resturant.
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Mr. Richard Carlson responded that he felt sympathetic to Mr. Hammer in
that if you look at the track record of the resturant business in this
portion of the building not being very good with renters trying to make
a go of a resturant business. Cindy Lemm commented that she felt very
uncomfortable with the resturant portion being removed, because the city
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went through a specific ordinance amendment to adopt this type of use
within the downtown area and Mr. Hammer should try everything he can to
keep the resturant portion in his building. Mr. Richard Carlson
reinterated that if another commercial use does go into this portion of
the building that the actual parking requirements would be lessened
considerably as a result.
Mr. Jeff O'Neill questioned Mr. Hammer if the five units in the lower
level are necessary cash flow to meet the actual expenditures of this
building complex. Mr. Hammer responded that, yes the upstairs portion
pays for a good share of the rent but, he does need the lower level ones
also to make all expenses. Mr. Hammer indicated he is currently
experiencing six vacancies within his building complex. Mr. Hammer
indicated it is traditional throughout the summer months to encounter
some type of vacancy, but when it gets into late fall and winter months,
he experiences no vacancies whatsoever. Also, Mr. Hammer felt that the
rent he is charging for these units is far below what it would cost to
get into an apartment building and also he charges on a month by month
renters agreement.
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A suggestion by zoning Administrator, Gary Anderson, that Mr. Hammer
should come in and meet with the City Staff to possibly work out a
developers agreement that would facilitate this type of use of the
former resturant portion of the building and look into the possibility
of developing the rest of the lower level apartments into some type of
office retail rental space. In doing so, it would bring his building
back into zoning comforments and not needing a conditional use. Having
heard that, it is the consensus of the Planning Commission members
present, Richard Carlson, Cindy Lemm, Richard Martie, Mori Malone, and
Dan McConnon, to report back to them with suggested development plan at
their next scheduled meeting.
ADDITIONAL ITEMS:
1. Review the proposed ordinance amendment on landscaping requirements.
Jeff O'Neill reported that due to time constraints, he was unable to
have a proposed ordinance amendment on the landscaping requirements.
However, he did reiterate what became of the joint City Council,
Planning Commission, IDC, and HRA, meeting on what they were looking for
in landscaping requirements. This was a possible reduction of the
minimum requirements and possible phasing in of the landscaping
requirements, and possible reduction of commercial and industrial
landscaping requirements, the use of tax increment financing to pay for
landscaping requirements, and also the maintenance ,agreement for
landscaping once it is installed. Also, possibly defering the actual
installation of landscaping until later years.
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It was the suggestion of City Staff, to report back to planning
Commission members at their next regular scheduled meeting in August
with a possible ordinance amendment on the landscaping requirements.
upon favorable review of the Monticello planning Commission, they could
then set a public hearing for the ordinance amendment on landscaping
requirement.
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2.
Review the proposed ordinance amendment regulating type of exterior
building construction.
Jeff O'Neill indicated that what is before them was a copy of the City
of Waconia ordinance regulating exterior types. Planning Commission
members felt uncomfortable with them being put in position of the final
authority on the site plan for the type of building activity. Planning
Commission members felt that the applicant should have the alternative
to appeal a decision of the Planning Commission members to the City
Council. It was the consensus of the Planning Commission members
present to have the City Staff review the proposed ordinance amendment
change and make a recommendation to them at their next regularly
scheduled August meeting.
3. Planning Commission Applicant Interviews.
Council action approved as per Planning Commission recommendations.
4. Tabled conditional use request to allow construction of more than one
apartment building on an unplatted lot, a tabled conditional use request
to allow construction of two apartment buildings in access of the
maximum number of units allowed, a tabled conditional use request to
allow construction of five apartment buildings in two phases.
Applicant, David Hornig.
Council action. Approved as per Planning Commission recommendations
with conditions.
5. A preliminary plat request for a mobile home park expansion. Applicant,
Don Heikes.
Council action. Approved as per Planning Commission recommendation.
Jeff O'Neill updated to the Commission that Mr. Heikes withdrew his
request for final plat approval of the preliminary plat for a mobile
home park expansion.
6. Variance request to allow construction of a garage addition within the
side yard set-back requirements. Applicant, Rick Wolfsteller.
Council action. No action needed as variance was not appealed.
7.
Set the next tentative date for the Monticello Planning Commission
meeting for August 9, 1988, 7:30 p.m.
Jeff O'Neill commented to the Planning Commission members that we are
running into a problem with being able to get both the Planning
Commission and the City Council agendas out on the same date. He asked
the Planning Commission members if they would consider meeting on the
first or third Tuesday of every month or if another day in the week
would work better in their schedule. It was the consensus of the four
Planning Commission members present, as Cindy Lemm left at 10:02 p.m.,
to set the next tentative date for the Monticello Planning Commission
for the first Tuesday in August, August 2, 1988, 7:30 p.m.
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8.
Motion by the Dan Mcconnon, seconded by Mori Malone to adjourn the
meeting. The motion carried unanimously, with Cindy Lemm absent.
Meeting adjourned at 10:23 p.m.
Respectfully Submitted,
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zoning Administrator
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