Planning Commission Minutes 06-06-1989
MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
4Ii' Tuesday, June 6, 1989 - 7:30 p.m.
Members Present: Richard Carlson, Cindy Lemm, Richard Martie, Mori Malone.
Members Absent: Dan McConnon.
Staff Present: Gary Anderson, Jeff O'Neill
1.
The meeting was called to order by Chairperson Richard Carlson at
7:32 p.m.
2.
Motion was made by Cindy Lemm, seconded by Mori Malone, to approve the
minutes of the regular meeting held May 2, 1989. Motion carried
unanimously, with Dan McConnon absent.
3.
Public hearing - A variance request to allow a building addition to be
built within the side yard setback requirement. Applicant, Bondhus
corporation.
4Ii'
Bondhus corporation was represented by Mr. John Bondhus, owner of the
Bondhus corporation, and Mr. Dick Van Allen. Zoning Administrator, Gary
Anderson, indicated to the planning Commission members the location of
the proposed variance request as shown on the easel in front of the
planning Commission members. Mr. Van Allen indicated that in talking
with the gentleman from Burlington Northern Railroad, they do not have a
problem with a building being extended out to within three feet of their
property line and would also have no objection to constructing a roadway
to go around the building also. Mr. Van Allen, along with Mr. Bondhus,
then explained the use of the proposed new facility, that being a heat
treat facility; and instead of the 10-foot side wall height that is in
their existing building, the new building would need an 18-foot side wall
height to accommodate the new heat treat equipment to be installed within
this addition. Problems with locating this addition on another part of
their building would be that they would encounter moving of the main
transformer which provides the electricity to this building and also
capping an existing well and drilling another well. With no further
input from the public, Chairperson Richard Carlson then closed the public
hearing and opened the meeting for input from the Planning commission
members.
.
Hearing no further input from the planning Commission members, motion was
made by Richard Martie, seconded by Mori Malone, to approve the variance
request to allow a building addition to be built within the side yard
setback requirement. The motion carried unanimously, with Dan McConnon
absent. Reason for granting the variance request: The Burlington
Northern Railroad has no intense use of the existing railroad on the
tracks which go by this proposed variance request, nor would there be any
impairment on the neighborhood, that being the Burlington Northern
Railroad or the neighboring properties which are adjacent to this
variance request. This is also not contrary to the intent of the
ordinance.
I
.
.
.
planning Commission Minutes - 6/6/89
4.
Public Hearing - Consideration of an ordinance amendment to Section 3-1,
Non-conforming Building, Structures, and Uses, which would allow limited
expansion of non-conforming residential uses in a B-4 (regional business)
zone. Applicant, city of Monticello.
Mr. Jeff O'Neill, Assistant Administrator, explained to Planning
Commission members the background to the proposed ordinance amendment
which would allow expansion of a non-conforming use in a 8-4 (regional
business) zone. Should a non-conforming residential structure be allowed
to expand? Does this greatly reduce the intent of the non-conforming
uses within the B-4 zoning, indicating that will this provide additional
life expectancy of the non-conforming single family house structure. The
other major topic to deal with is, by allowing the non-conforming
structure to be expanded, does it also prohibit future development in
that it would be more expensive for a potential buyer to purchase the
properties, demolish, and then construct a new building or buildings
within this property for redevelopment.
Chairperson Richard Carlson then opened the meeting for any input from
the public. Mrs. Quick was present and explained to Planning Commission
members that it is their intent to stay there and they would like to
improve their property. If there had been some input from the commercial
property to the west of them, the Bridge Water Telephone company, they
were not here and have not expressed any interest to them to purchase
their property. If they have not contacted the Quicks, evidently they
were not interested in purchasing the property.
Chairperson Richard Carlson then closed the public hearing and opened the
meeting for input from the Planning Commission members. commission
member Cindy Lemm felt that we should stick to the Comprehensive plan and
not allow any expansion of a non-conforming use. Other comments brought
out from the planning Commission members were that in all likelihood,
development is probably at a minimum 3, possibly 5-10 years away from any
future development within that area and that if a person wanted to expand
their property, they should be allowed to fix up, maintain, and expand
their property. If the properties aren't demolished, they could be
purchased for small commercial type redevelopment in that being certain
business offices could relocate within a single family residence that
exists there.
With no further input from the planning Commission members, motion was
made by Mori Malone, seconded by Richard Martie, to approve an ordinance
amendment to read as follows:
[J] "Alterations or expansion may be made to a building containing or
related to a lawful, non-conforming residential unit when said
alteration or expansion will improve the livability thereof
provided the alteration or expansion will not increase the number
of dwelling units and provided that such alteration or expansion
shall not constitute more than 50 percent of estimated market
value. Said value shall be determined by City or County
Assessor. All setbacks associated with residential structure
expansion must meet R-I (single family residential) yard
requirements."
2
.
.
.
Planning Commission Minutes - 6/6/89
Motion carried unanimously with Dan McConnon absent. Motion to approve
the ordinance amendment is based on the finding that the proposal is
1) consistent with the Comprehensive Plan; 2) it's compatible with the
geographic area and the character of the adjoining lands; 3) the
ordinance amendment will not tend to depreciate the area for which it is
proposed; 4) the need for the proposed ordinance amendment has been
sufficiently demonstrated.
5.
Consideration of a previous planning Commission recommendation to rezone
Evergreens Subdivision Outlots A and B to B-3 (highway business) zone.
Mr. Jeff O'Neill, Assistant Administrator, explained to planning
Commission members that some thought has been taking place since this was
before them and that they should possibly consider a different type of
zoning for the rezoning of Outlots A and B. It was the recommendation by
the City staff to rezone the property to PZM (performance zone mixed).
The developer, who was also present at the meeting, Mr. Kent Kjellberg,
explained better flexibility would be allowed by the developer and more
restrictions would also be placed on potential development by the City
through the use of a PZM (performance zone mixed) zoning.
With no further input from the pUblic, Chairperson Richard Carlson closed
the public hearing and opened the meeting for input from the planning
Commission members.
With no further input from the Planning Commission members, motion was
made by Richard Martie, seconded by Cindy Lemm, to rezone the Evergreens
Subdivision Outlots A and B to PZM (performance zone mixed) zoning.
Motion carried unanimously with Dan McConnon absent. Reason for approval
of the rezoning was it allows more flexibility for the developer to
develop with different types of uses which are allowed with it, and it
also allows more restrictive development in that there are more
restrictions that go on PZM properties when they are being developed.
6.
Tabled conditional use request to allow expansion of an open and outdoor
storage as an accessory use in a B-4 (regional business) zone. A tabled
conditional use request to allow an expansion of an open and outdoor
sales as a principal and accessory use in a B-4 (regional business)
zone. Applicant, Fair's Garden Center.
Mr. Jeff O'Neill, Assistant Administrator, explained to Planning
Commission members that the staff recommendation as submitted to them in
their agenda supplement should be changed somewhat and recommend that the
conditional use request be denied and brought forth to the City Council
for further action. The owner of the property, which is also the
applicant, Mr. Kevin Fair, was not present at the meeting and did not
indicate that he wasn't going to be at the meeting.
Therefore, motion was made by Richard Martie, seconded by Cindy Lemm, to
deny the conditional use request to allow expansion of an open and
outdoor storage as an accessory use in a B-4 (regional business) zone.
3
.
.
.
Planning Commission Minutes - 6/6/89
And to deny the conditional use request to allow expansion of an open and
outdoor sales as a principal and accessory use in a 8-4 (regional
business) zone. Motion carried unanimously with Dan McConnon absent.
Reason for denial: It was felt that the staff had worked extensively
with Mr. Fair to corne together with a site plan to be developed, and if
any variances would be needed, could be considered and set for public
hearing, which have not taken place at this time. It was also felt that
the City Council should consider some legal action to Mr. Kevin Fair,
Fair's Garden center, in that he is operating an expansion of an existing
business facility without a permit.
ADDITIONAL INFORMATION ITEMS
Mr. Jeff O'Neill, Assistant Administrator, handed out compiled results of the
Joint City Council, planning Commission, HRA, Industrial Development committee,
and Monticello Chamber of Commerce meeting held Monday evening. The
information was there for their review and they could get back to City staff
with any comments that they had on this.
1. preliminary plat request for a proposed new residential subdivision
plat. Council action: Approved as per Planning Commission
recommendation.
2.
Rezoning request to rezone residential unplatted property from R-3
(medium density residential) to PZM (performance zone mixed). Applicant,
J & K properties. Council action: Approved as per planning Commission
recommendation.
3. variance request to allow 1) a parking lot to be constructed within a
5-foot curb barrier to lot line requirement, and 2) to allow a driveway
curb cut to be in excess of the 24-foot maximum allowed. Applicant,
J & K properties. Qouncil action: No action needed, as the variance
request did not come before them.
4. A variance request to allow a parking lot expansion to be constructed
within the 5-foot curb barrier to lot line requirement. Applicant, J & K
properties. Qouncil action: No action required, as the variance request
did not come before them.
5. A variance request to allow an additional driveway curb cut within
125 feet of street frontage. Applicant, First National Bank. Qouncil
action: No action required, as the variance request did not come before
them.
6.
Conditional use request to allow expansion of an open and outdoor storage
as an accessory use in a 8-4 (regional business) zone. A conditional use
request to allow an expansion of an open and outdoor sales as a principal
and accessory use in a B-4 (regional business) zone. Applicant, Fair's
Garden Center. Council action: No action required, as the request was
tabled by the Planning Commission.
4
.
.
.
Planning Commission Minutes - 6/6/89
7.
Motion by Mori Malone, seconded by Richard Martie, to set the next
tentative for the Monticello Planning Commission meeting for Wednesday,
July 5, 1989, 7:30 p.m. Motion carried unanimously.
8. Motion by Cindy Lemm, seconded by Mori Malone, to adjourn the meeting.
The meeting adjourned at 9:10 p.m.
Respectfully submitted,
Gary :1:ro~
Zoning Administrator
5