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Planning Commission Minutes 10-02-1990 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, October 2, 1990 - 7:00 p.m. Members Present: Richard Martie, Richard Carlson, Cindy Lemm, Jon Bogart Members Absent: Dan McConnon Staff Present: Gary Anderson, Jeff O'Neill, Rick Wolfsteller 1. The meeting was called to order by Acting Chairperson, Cindy Lemm, at 7:04 p.m. 2. Motion was made by Richard Carlson and seconded by Richard Martie to approve the minutes of the regular meeting held September 4, 1990. Motion carried unanimously with Dan McConnon absent. 3. Public Hearinq--A request to amend Section 3-5 rDl 9 (Q) to: All driveway access openinqs shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Buildinq Inspector. Size of culverts shall be determined by the Buildinq Inspector but shall be a minimum of fifteen (15) inches in diameter. Applicant, City of Monticello. Gary Anderson, Zoning Administrator, explained to Planning Commission members and the public the City of Monticello's request to amend the minimum culvert size section of the ordinance. Basically, the request before the Planning Commission members is a housekeeping matter. In the last 5 to 7 years, we've been using the standard IS-inch culvert as our minimum size even though the ordinance requires only a 12-inch size. Some of the problems found were in the areas of residential housing with rural standards, which has no curb and gutter or storm sewer. The 12-inch size culverts that were placed there have, over the years, filled with sediment material. There is very little water that could flow through these culverts. The problems arise in the spring when the culverts are still frozen. They don't allow water to pass through, and it backs up into other residents' properties. The water would flow through these culverts if they weren't filled with sediment. Wi th no further input from members of the public, Acting Chairperson, Cindy Lemm, closed the public hearing and opened the meeting for input from the Planning commission members. Page 1 . . . Planning Commission Minutes - 10/2/90 Planning Commission members discussed the need to go from a 12-inch to a IS-inch culvert when a I2-inch was sufficient in most cases for underneath existing driveways. There being no further input from Planning Commission members, a motion was made by Richard Carlson, seconded by Jon Bogart, to approve a request to amend Section 3-5 [D] 9 (Q) to: All driveway access openings shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Building Inspector. Size of culverts shall be determined by the Building Inspector but shall be a minimum of fifteen (15) inches in diameter. The motion carried unanimously with Dan McConnon absent. 4. Public Hearinq--A request to amend Section 3-1 (I) of the zoninq ordinance by addinq the followinq paraqraph: Normal maintenance, necessary non-structural repairs, and incidental alteration of a lawful non-conforming siqn includes repair or maintenance of existinq letterinq done without chanqinq the subiect, form, color, or design of the lawful non-conforminq sign. Applicant, City of Monticello. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public the City of Monticello's request to amend the normal maintenance section of the sign ordinance. Mr. O'Neill re-emphasized that the most recent problem we had was with the century 21 signs. They were asking to change just the faces of the signs. According to the City Attorney, under the current ordinance section under sign maintenance, Century 21 would have been allowed to replace just the faces even though it is a change of business. Also, with the amendment of this section and another section already in existence in the sign ordinance, we would be able to go back and find the signs which are non- conforming, cite the places which are non-conforming, and ask them to bring their signs into compliance. There being no members of the public present, Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for discussion from Planning Commission members. The Planning Commission members questioned where you start with existing signs which may be non-conforming and how do you bring them into compliance. There being no further discussion from Planning Commission members, a motion was made by Richard Martie and seconded by Jon Bogart to approve the request to amend Section 3-1 (I) of the zoning ordinance by adding the following paragraph: Page 2 . . . Planning Commission Minutes - 10/2/90 Normal maintenance, necessary non-structural repairs, and incidental alteration of a lawful non-conforming sign includes repair or maintenance of existing lettering done without changing the subject, form, color, or design of the lawful non-conforming sign. Motion carried unanimously with Dan McConnon absent. 5. A Continued Public Hearinq--A conditional use request to allow used automobile/liqht truck sales in a B-3 (hiqhway business) zone. Applicant, Hoqlund Transportation. 6. A Continued Public Hearinq--A variance request to allow less then the minimum 4,500 square feet of sales and display area. Applicant, Hoqlund Transportation. Mr. Rick Wolfsteller, City Administrator, explained to Planning Commission members and the public Gordon and Jenny Hoglund's request to be allowed to continue the establishment of the automobile/sales lot in the southeast corner of their property. Mr. wolfsteller explained to Planning Commission members that he had met with the Hoglunds, and he had discussed with them that there were two sections under the non-conforming building structures and uses section that applied to the Hoglund's request. They were as follows: The purpose of this section is to provide for the regulation of non-conforming building structures and uses, in this case it would be uses, and to specify those requirements, circumstances, and conditions under which non-conforming building structures and uses will be operated and maintained. Any structure or use lawfully existing upon the effective date of this ordinance shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date except as hereinafter specified or subsequently amended. Mr. Wol fsteller explained the non-conforming building structures and uses as submitted on the application and on the enclosed site plan. This house is their current residence. The proposed sales lot would go in the southeast corner of their residential property. With the principal use of the property being residential, even though the property is zoned B-3 (highway business), their existing residence is allowed to remain as a legal non-conforming use. However, they cannot expand their residential legal non-conforming use to include a business use, that being a used vehicle sales lot. Acting Chairperson, Cindy Lemm, then opened the public hearing. Mr. and Mrs. Hoglund were present and explained to Planning Commission members the background to their request. page 3 Planning Commission Minutes - 10/2/90 . A major portion of one of their businesses is Hoglund Transportation. The school bus transportation service portion of their business has employees that maintain these vehicles throughout the school year. To keep the quality and experience of the individuals employed with them, they repair used vehicles and/or buses that have been damaged and use this as extra work for the summer months to keep their employees on the payroll. Once the vehicles are repaired and put up for sale, they would like to use the area in the southeast portion of their property as an open outdoor sales lot. They further stressed how their properties, which includes the Hoglund Transportation business and the Hoglund Bus Company, have been maintained and kept up over the years, and that they take pride in continuing to keep their properties neat and orderly in appearance. They went on to explain the actual request should not be in the form of the Hoglund Transportation portion of their business but should be in the 94 Services, Inc., portion of their business. This is the actual business which would repair the vehicles and put them back on the sales lot. . There being no further input from the public, Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission members. The Planning Commission members felt uneasy about allowing the applicants to use a legal non-conforming use, that being the use of the highway business zone property for business use in conjunction with their residential use. With there being no conditions as outlined by the City staff, they were uncomfortable at making any kind of decision. A compromise was suggested by Assistant Administrator, Jeff O'Neill, to permi t the use with the condition that they upgrade the parking lot for the Hoglund Transportation portion of their business. The current Hoglund Transportation portion does have a good share of the parking hard surface but does not have curb and gutter around its perimeter. If we were to allow a use such as the Hoglunds are proposing, the minimum requirements of the hard surfacing and curbing and gutter would have to be installed. There being no further discussion, a motion was made by Richard Carlson, seconded by Richard Martie, to table the request. The motion carried unanimously with Dan McConnon absent. . Page 4 . . . Planning Commission Minutes - 10/2/90 7 . Review preliminary proposal for development of a church facility in an R-l zone. Applicant, A Glorious Church. Mr. Dan GassIer, pastor of A Glorious Church, was present with his father, Mr. Jake GassIer, and a gentleman representing the 21st Century Builders, the consulting construction firm hired to assist them in the development of their church facilities. Mr. GassIer explained the enclosed booklet which the Planning Commission members had received and their intent to come back before the Planning Commission members at their next regularly scheduled meeting on November 7, 1990, with their conditional use request to develop a church facility on approximately seven acres of the Robert Krautbauer property. He explained briefly the content of the booklet which they had prepared and stated that he was willing to answer any questions that the Planning Commission members would have. With no further input from the public, Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for discussion among the Planning Commission members. The Planning Commission members expressed their approval of the amount of preparation and content of the booklet that was presented for their review. With very little discussion among the Planning Commission members other than a question proposed on why they had chosen this location, which was explained by Pastor GassIer. The Planning Commission members present recommended approval of the preliminary plans for development of a church facility on this portion of residential unplatted property. ADDITIONAL INFORMATION ITEMS 1. A simple subdivision request to subdivide an existing unplatted lot into two residential lots. Applicant, Michael Robinson. Council action: Approved with conditions as per Planning Commission recommendation. 2. A variance request to allow a subdivided lot to have less than the minimum lot width requirement. Applicant, Michael Robinson. Council action: No action required, as the request did not come before them. 3. A variance request to allow additional pylon sign height than the maximum 22-foot height allowed. Applicant, Mark Anderson. Council action: No action required, as the request did not come before them. Page 5 . . . Planning Commission Minutes - 10/2/90 4. A variance request to allow no curbing in certain areas of a parking lot. A request to allow less than the minimum required tree planting size. Applicant, Tapper's, Inc. Council action: No action required, as the request did not come before them. A request to install in areas designated as open space or future expansion areas properly planted and maintained with prairie grass. Applicant, Tapper's, Inc. Council action: Approved with conditions. 5. A conditional request to allow expansion of an outdoor rental use in a B-3 (highway business) zone. Applicant, General Rental. Council action: Approved with conditions. 6 . A conditional use request to allow used automobile/light truck sales in a B-3 (highway business) zone. Applicant, Hoglund Transportation. Council action: No action required, as the request did not come before them. 7 . A variance request to allow less than the minimum 4,500 square foot sales and display area. Applicant, Hoglund Transportation. Council action: No action required, as the request did not come before them. Prior to going on to number eight, the following was discussed with Planning Commission members: The Zoning Administrator, Gary Anderson, explained to Planning Commission members that the conditional use request for less than the minimum requirements for hard surfacing/curbing requirements of the Marties Farm Service which was due to be completed on October 1, was not completed. The following areas were discussed as not being completed: The hard surfacing in the area east of the loading/unloading dock had not been completed. The area beyond 50 feet from the area east of the four overhead doors on the east portion of the building had not been put back into a green area. The concrete drainage swale as explained to Mr. Martie by our consulting engineer, Bret Weiss, and Public Works Director, John Simola, had not been put in according to the directions given. The drainage plan was submitted this afternoon and sent on to our consulting engineer for his approval. These matters will be discussed at the next regularly scheduled Council meeting, which would be on Monday, October 9, 1990. Page 6 . . . Planning Commission Minutes - 10/2/90 Mr. Jeff O'Neill explained to Planning Commission members a couple of items which needed their input. a. The inventory of the conditional use requests is done and ready for their review. The conditional use requests would be ready for their review, as the City staff will be taking a look at these and going back to the conditional use request applicants to see if any or all of the conditions have been met. b. An inventory of existing signs should be done to find which signs are non-conforming. Letters should be sent to the owners addressing the requirements of the ordinance so that the signs are brought into conformance. c. There is an existing non-conforming sign on the Dino's Other World property, and also they are allowing materials to be dumped there without a permit. Ci ty staff will be following up on this item. d. There is fill material that was dumped on the platted property immediately east of the Maus Foods complex. It has been allowed to be dumped there with no provision for erosion control. City staff will be following up on this property. 8. Set the next tentative date for the Monticello Planning Commission meeting for Wednesday, November 7, 1990, at 7:00 p.m. Motion was made by Richard Martie, seconded by Richard Carlson, to set the above-mentioned date and time for the next Monticello Planning Commission meeting. Motion carried unanimously with Dan McConnon absent. 9. Motion was made by Jon Bogart, seconded by Richard Carlson, to adjourn. Motion carried unanimously with Dan McConnon absent. The meeting adjourned at 8:56 p.m. Respectfully submitted, 4~4~ Gary'Anderson Zoning Administrator Page 7