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Planning Commission Minutes 11-07-1990 . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Wednesday, November 7, 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 1. The meeting was called to order by Acting Chairperson, Cindy Lemm, at 7:02 p.m. 2. Motion was made by Jon Bogart, seconded by Richard Martie, to approve the minutes of the regular meeting held October 2, 1990. Motion carried unanimously with Dan McConnon absent. 3. Public Hearinq--A variance request to allow expansion of a non-conforminq structure in an R-l (sinqle family residential) zone. Applicant, David and Dianne Hyttsten. . Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public that with further review, the variance request to allow expansion of a non-conforming structure in an R-1 (single family residential) zone would not be applicable. It was staff's interpretation that the average setback from the Jim Maus residence to the west and the Vokaty residence to the east of the Hyttstens' property, it is determined that the existing garage is not in the setback requirement. Therefore, it is a conforming structure, and no action is required. 4. Public Hearinq--A variance request to allow construction of an attached qaraqe within the front yard setback requirement. Applicant, David and Dianne Hyttsten. . Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public the variance request to allow construction of an attached garage within the front yard setback requirement. To determine the setback requirements for their variance request, with the Jim Maus residence adjacent to the west which has a setback in excess of the minimum 30-foot front yard setback, the Hyttstens can construct a garage to wi thin 57.4 feet from their front property line. This would allow the Hyttstens to construct only a 2.1 foot addition to their garage. The Hyttstens are proposing to construct the garage to within 35.5 feet from the front property line. Their request for the setback would be the same as the existing setback of the Vokaty residence to the east, which has a 35.5 foot setback requirement. Page 1 . . . Planning Commission Minutes - 11/7/90 Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for discussion among the Planning Commission members. They were in favor of the proposed addition to the existing garage if the new setback for the garage addition would come no closer than the adjoining Vokaty residence to the east of the Hyttsten residence. A motion was made by Jon Bogart, seconded by Richard Martie, to approve the variance request to allow construction of an attached garage within the front yard setback requirement. Motion carried unanimously, with Dan McConnon absent. Reason for approval: With the setback coming no closer than the existing setback of the Vokaty residence to the east of the Hyttsten residence, and on the two front lots in the Pitt Addi tion, there would be two more houses that could be constructed that would closer than the setback that the Hyttstens are requesting, the values of the adjoining properties are not going to depreciate in value due to the construction of this addition. 5. Public Hearinq--A variance request to allow construction of an attached garaqe wi thin the side yard setback requirement. Applicant, Mark and Joanne Burandt. Gary Anderson, Zoning Administrator, explained to Planning Commission members and the public the Burandt's variance request to allow construction of an attached garage within the side yard setback requirement. The Burandt's property is similar to other residences in the neighborhood. The house was built in the center of the lot, and there wasn't room for much more than an oversized single car garage. The minimum 22' x 24' garage is the standard width of the garages constructed today. The Burandts are proposing to construct a garage addition to within 5 feet of the side property line with the front left most portion of the garage addition, and the rear left most portion of the garage would be set back 10 feet from the side property line. The Burandts are proposing to construct a closet area to the south of their existing steps which would come out of the east side of their house. To allow construction of this closet area, it will require an additional 5-6 feet of area to accommodate a closet of this size. Anything less than this width would necessitate reduction in size of this proposed walkin closet step area. Acting Chairperson, Cindy Lemm, then closed the public hearing and asked for input from the Planning Commission members. The Planning Commission members didn't have any problem with the variance request as presented except to the extent that the setback would encroach on the utility easements. Page 2 . . . Planning Commission Minutes - 11/7/90 With no further discussion between Planning Commission members, a motion was made by Richard Carlson, seconded Richard Martie, to allow construction of an attached garage to within 6 feet of the side yard setback requirement. Motion carried unanimously with Dan McConnon absent. Reason for Approval: The proposed garage would not be built wi thin the drainage and utility easement that adjoins the properties with it being constructed to within 6 feet of the property. With the layout of the existing house on the lot and to accommodate entrance into their house from the outside of the garage, it necessitates additional width to accommodate two cars being parked in it side by side. 6 . Public Hearinq--A simple subdivision request to subdivide an existinq unplatted tract of residential land into two unplatted tracts of residential land. Applicant, Robert and Betty Krautbauer. Jeff O'Neill, Assistant Administrator, explained to the Planning Commission and the public Robert and Betty Krautbauers' simple subdivision request. They are proposing to subdivide off about 7 acres to A Glorious Church for construction of a church facility, subject to approval of the Planning Commission and City Council. Certain conditions should be considered with the simple subdivision request: A. A 12-foot drainage and utility easement must be drafted and recorded around the outside perimeter of the 7-acre subdivided tract of land to A Glorious Church. B. There is no sewer service off of East County Road 39 to service this property, and the City of Monticello is not responsible for the installation of a sewer service to this simple subdivided property. C. If the new property owner, A Glorious Church, decides to utilize an existing service stubbed out of the City lift station lot, a 3D-foot drainage and utility easement must be drafted and recorded from Robert and Betty Krautbauer describing the area which would be needed for the easement of this sewer service extension. D. An agreement between the Krautbauers, A Glorious Church, and the City must be established which outlines the formula and method for use of sale proceeds to finance payment of assessment debt against the original parcel. Page 3 . Planning Commission Minutes - 11/7/90 All four of these conditions must be completed on or before 30 days from the November 13, 1990, City Council meeting, which would be anytime before December 13, 1990. Acting Chairperson, Cindy Lemm, then opened the meeting for input from the public. Mr. Jake GassIer, father of Pastor Dan GassIer, commented on the proposed sewer hookup. The committee is looking at alternative ways to service the property through an existing service line that runs in the East County Road 39 public right-of-way, which would be across the road from their proposed project site, or utilizing the existing sewer stub out of the City of Monticello's lift station lot. They were also looking at creating an additional driveway to service the property at some future point in time. It was suggested by Zoning Administrator, Gary Anderson, that the church start the process now with the Wright County engineers office to try to obtain easement for an additional driveway approach. With no further input from the public, Acting Chairperson, Cindy Lemm, closed the public hearing and opened the meeting for input from the Planning Commission members. . With no further discussion among Planning Commission members, a motion was made by Richard Carlson, seconded by Jon Bogart, to approve the simple subdivision request to subdivide an existing unplatted tract of land into two unplatted tracts of residential land with the following conditions. These conditions must be completed on or before 30 days from the November 14, 1990, City Council meeting, which would be any time before December 13, 1990. a. The 12-foot drainage and utility easement must be described and recorded around the perimeter of this 7-acre subdivided tract of land to A Glorious Church. b. There is no sewer service off of East County Road 39 to service this property, and the City of Monticello is not responsible for the installation of sewer service to this simple subdivided property. c. If the new property owner, A Glorious Church, decides to utilize an existing service stubbed out of the City lift station lot, a 3D-foot drainage and utility easement must be drafted and recorded from Robert and Betty Krautbauer describing the area which would be needed for the easement of this sewer service extension. . Page 4 . . . Planning Commission Minutes - 11/7/90 d. An agreement between the Krautbauers, A Glorious Church, and the City must be established which outlines the formula and method for use of sale proceeds to finance payment of assessment debt against the original parcel. Motion carried unanimously, with Dan McConnon absent. 7. Public Hearinq--A conditional use request to allow a church facility in an R-1 (sinqle family residential) zone. Applicant, A Glorious Church. Jeff O'Neill, Assistant Administrator, explained to the Planning Commission members and the public A Glorious Church's request to allow a church facility in an R-1 (single family residential) zone. Mr. 0' Neill explained through a video presentation how a church facility located on a portion of this subdivided unplatted tract of land would be reflected with the surrounding residential properties and residential zoning around it. He went on to explain how the landscaping requirements and parking lot screening requirements would affect this property with the proposed use of a church facility on the property. Acting Chairperson, Cindy Lemm, opened the meeting for input from the public. A Glorious Church representatives were present to answer any questions that the Planning Commission members may have on their proposed project. With no further input from the public, Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input Planning Commission be screened and how is or subject to Commission members property and had no this property. from the Planning Commission members. members discussed how the property would the proposed landscaping would remain as their approval at tonight's meeting. fel t this would be a good use for the problem with the church being located at With no further input from Planning Commission, a motion was made by Richard Carlson, seconded by Richard Martie, to approve the conditional use request with the following conditions: A. City approval of the parking lot landscaping and screening plan. Adequate screening of the parking lot area from abutting residential uses and landscaping must be provided. The screen must be at least 6 feet high and achieve 90% opacity. The screen may consist of either a Page 5 . Planning Commission Minutes - 11/7/90 berm, solid fence, or landscape plantings. Installation of the parking lot screen shall occur at such time that the adjoining residential property is platted. B. City approval of drainage plan must be obtained prior to issuance of a building permit. C. City approval of landscaping plan must be obtained prior to issuance of a building permit. The landscaping plan should include 30 overstory trees to be planted along the perimeter of the developed portion of the property and spaced approximately 35 feet apart. Addi tional development will precipitate additional plantings. D. City approval of exterior treatment of structure must be obtained to insure compatibility with the neighborhood. Steel exterior materials shall be limited to one-half of the available wall surface. The above conditions were subject to the conditions that prior to a building permit application, the applicant must come back to the Planning Commission members for review of the following conditions: . a. City approval of a parking lot landscaping and screening plan. Adequate screening of parking lot area from abutting residential uses and landscaping must be provided. The screen must be at least 6 feet high and achieve 90% opacity. The screen may consist of either a berm, solid fence, or landscape planting. Installation of the parking lot screen shall occur at such time that the adjoining residential property is platted. b. Ci ty approval of drainage plan prior to issuance of building permit. c. d. . City approval of the landscaping plan prior to issuance of building permit. The landscaping plan shall include 30 overs tory trees to be planted along the perimeter of the developed portion of the property and spaced approximately 35 feet apart. Additional development to precipitate additional plantings. Ci ty approval of exterior treatment of structure to insure compatibility with neighborhood. Steel exterior materials shall be limited to one-half of the available wall surface. Page 6 . . . Planning Commission Minutes - 11/7/90 Motion carried unanimously, with Dan McConnon absent. Reason for approval: 1. Church development at this site is consistent with the comprehensive plan. 2. Church development at this site is consistent with the geographical area involved. 3. Church development will not tend to or actually depreciate the area. 4. Church development is consistent with the character of the surrounding area. 8. Public Hearinq--A preliminary plat request to replat portions of an existinq residential subdivision. Applicant, John Sandberg. Jeff O'Neill, Assistant Administrator, explained to Planning commission members and the public Mr. Sandberg's preliminary plat request to replat portions of an existing residential subdivision. The noticeable change that you will see on the preliminary plat submitted is that Mr. Sandberg is creating lots in back of the lots which front Gillard Avenue. These lots will not be serviced by a public right-Of-way. Mr. Sandberg is proposing a 30-foot outlot be placed on the south portion of Block 1, Lot 3, and Block 2, Lots 10-16. You will note on the enclosed preliminary plat that there is a proposed 60 feet of right-of-way which Mr. Sandberg does not own. It is owned by Mr. Rod Norell and is used for entrances off of Gillard Avenue to service what is now known as Outlot A, Sandberg East Addition. Mr. O'Neill indicated that the City Administrator, Rick Wolfsteller, and himself had met with Mr. Sandberg to discuss his request in further detail. Acting Chairperson, Cindy Lemm, then opened the meeting for input from the public. Mr. John Sandberg, applicant, explained to Planning Commission members in detail his request to be allowed to place Outlot A on the southerly portion of Block 1, Lot 3, and Outlot B on the southerly portion of Block 2, Lots 10-16. By allowing him to show these two 30-foot wide outlots on this plat, it will show his intent to Mr. Norell, whom he has talked to. He is the owner of Outlot A and is in complete agreement, according to Mr. Sandberg, on the creation of two 30~foot outlots to facilitate half of the right-of-way needed for a proposed 60-foot wide public right-Of-way. Page 7 . . . Planning Commission Minutes - 11/7/90 Acting Chaiperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission members. There was much discussion on the creation of Block 1, Lot 3, and Block 2, Lots 10-16, and Block 3, Lot 3 being created and shown on the plat without access to a public right-of-way. Even though it would be shown on the plat that there are 30-foot wide outlots to Block 1, Lot 3, and Block 2, Lots 10-16, it still isn't sufficient right-of-way to consider these buildable lots. When the lots are shown on the plat with them meeting the square footage and lot width requirements, one would assume that they are buildable lots. The Commission members were concerned that the City would be liable to a potential buyer of these lots with them being shown as a lot of record even though they have no frontage on a public right-of-way. With no further discussion, a motion was made by Jon Bogart, seconded by Richard Martie, to deny the preliminary plat request to replat portions of an existing residential subdivision. Motion carried unanimously, with Dan McConnon absent. Reason for denial: Block 1, Lot 3; Block 2, Lots 10-16; and Block 3, Lot I, as shown are not abutting a public right-of- way. Therefore, in their determination, they are not buildable. It was the consensus of the Planning Commission that the plat could possibly be approved if a method for protecting the interests of potential buyers could be developed. 9 . Public Hearing--An ordinance amendment to Section 3-9 [Cl 4 to include: (i) a permit for a public sign in the form of a decorative banner to be displayed on public property for a period of one (1) year. A permit shall be issued for each year that the decorative banners are displayed. Applicant, City of Monticello. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public the City of Monticello's request to amend a portion of the sign ordinance to allow a public sign in the form of a decorative banner to be displayed on public property. Amending the ordinance would allow the proposed decorative banners to be displayed in several locations within the city, which will be determined by the Chamber of Commerce and the City of Monticello. They will be placed on poles in the public right-of-way. Currently, attention getting devices need a permit issued for a maximum period of 10 days with a minimum period of 180 days between consecuti ve issuances of such permits for any property or parcel. Page 8 . Planning Commission Minutes - 11/7/90 With no further input from the public, Acting Chairperson, Cindy Lemm, opened the meeting for input from the Planning Commission members. Planning Commission members thought the proposed ordinance amendment would be appropriate in that it's serving the good of the public in general. With no further input, a motion was made by Richard Martie, seconded by Jon Bogart, to approve the ordinance amendment to Section 3-9 [C] 4 to include: (j) a permit for a public sign in the form of a decorative banner to be displayed on public property for a period of one (1) year. A permit shall be issued for each year that the decorative banners are displayed. Motion carried unanimously, with Dan McConnon absent. Reason for approval: The amendment as presented would be only for public signs. 10. Continued Public Hearinq--A conditional use request to allow used automobile/li ht truck sales in a B-3 hi hwa business zone. Applicant, Hoqlund Transportation/Ninety-four Services. Mr. O'Neill explained to Planning Commission members that we would like to have this item continued to next month's . scheduled Planning Commission meeting. 11. continued Public Hearinq--A variance request to allow less than the minimum 4,500 sq ft of sales and display area. APplicant, Hoqlund Transportation/Ninety-four Services. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members that we would like to have this item continued to next month's scheduled Planning Commission meeting. ADDITIONAL INFORMATION ITEMS 1. A request to amend Section 3-5 [0] 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 the culvert shall be determined by the Building Inspector but shall be a minimum of fifteen ( 15) inches in diameter. Applicant, City of Monticello. Council Action: Approved as per Planning Commission recommendation. 2. Request to amend Section 3-1 [I] of the zoning ordinance by adding the following paragraph: Normal maintenance, necessary nonstructural repairs, and incidental alteration of a lawful, nonconforming sign includes repair or maintenance of existing . Page 9 . . . Planning Commission Minutes - 11/7/90 lettering done without changing the subject, form, color, or design of the lawful, nonconforming sign. Applicant, City of Monticello. Council Action: Approved as per Planning Commission recommendation with the exception of the word "color" removed from the sentence. 3. Continued Public Hearing--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. 4. Continued Public Hearing--A variance request to allow less than the minimum 4,500 sq ft of sales and display area. Applicant, Hoglund Transportation. Council Action: No action required, as the request did not come before them. 5. Review preliminary facility in an R-l Council Action: No come before them. proposal for development of a church zone. Applicant, A Glorious Church. action required, as the request did not 6. Set the next tentative date for the Monticello Planning Commission meeting for Tuesday, December 4, 1990, 7:00 p.m. 7. Adjournment. Respectfully submitted, ~~ Gar Anderson Zoning Administrator Page 10