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Planning Commission Minutes 04-03-2012MINUTES MONTICELLO PLANNING COMMISSION Tuesday, April 3, 2012 - 6:00 PM Mississippi Room, Monticello Community Center Commissioners Present: Rod Dragsten, Brad Fyle, Charlotte Gabler, Barry Voight, and William Spartz Council Liaison Absent: Lloyd Hilgart Staff: Angela Schumann, Ron Hackemnueller, Steve Grittman-NAC Rod Dragsten called the meeting to order at 6:00 p.m. 1. Consideration to approve Planning Commission minutes BARRY VOIGHT MOVED TO APPROVE THE MINUTES OF MARCH 6, 2012. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 5 -0. 2. Citizen Comments None 3. Consideration of adding items to the agenda None 4. Public Hearing — Consideration to approve a Conditional Use Permit for an attached Major Accessory Structure in an R -1 (Single - Family) District. Legal Description: Lot 7, Block 1, River Forest - 9747 River Forest Drive Applicant: Curtis, Greg; Planning Case Number: 2012 -008 Greg Curtis requested approval of a Conditional Use Permit to allow for an expansion to an existing attached accessory structure at 9747 River Forest Drive. This property, which is over one half acre in size, sits on a residential corner lot. The existing attached accessory structure is a 484 square foot two -stall garage. The applicant is proposing to add a third stall to the existing two -stall garage. The proposed footprint of the expansion area is 200 square feet (10' x 20'). There is also an existing 672 square feet detached garage located in the rear yard of the property. This addition would result in 1,356 square feet in total footprint area for accessory structures on the property. Zoning Ordinance Requirements The Zoning Ordinance permits a total of up to 1,200 square feet of garage space as permitted accessory space for an R -1 Single - Family home. No accessory building can exceed more than 10% of the rear yard area, and may not exceed the gross square footage of the principal building's footprint. These standards may be exceeded, up to 1,500 square feet of total area, with a Conditional Use Permit meeting the following conditions: Planning Commission Minutes — 04/03/12 a. Accessory building space is to be utilized solely for the storage of residential personal property of the occupant of the principal dwelling, and no accessory building space is to be utilized for commercial purposes. Staff comment: The bonus room proposed above the garage included within the expansion does not impact the request in terms of footprint area of accessory structures as the space will actually become part of the principal use area. b. The parcel on which the accessory building is to be located is of sufficient size such that the building will not crowd the open space on the lot. Staff comment. The proposed expansion will create a total built footprint area of 2,516 square feet, or just over 10% of the total lot area. c. The accessory building will not be so large as to have an adverse effect on the architectural character or reasonable residential use of the surrounding property. Staff comment. The addition is consistent with the surrounding properties which have third -stall attached garages. The code requires a 6' setback on the garage side; the applicant is proposing an approximately 12' setback. The applicant also indicated intent to expand. the driveway concurrent with this structural expansion. Driveway expansion will be reviewed with the building permit application to ensure compliance. d. The accessory buildings shall be constructed to be similar to the principal building in architectural style and building materials. Staff comment :. The addition will be constructed consistent with the existing home in terms of style and materials. Brad Fyle confirmed that a pickup truck with a name it its side would not be considered a commercial use. Bill Spartz confirmed that there would be grounds to deny the CUP if the applicant wasn't planning to use similar materials. The public hearing was opened. Greg Curtis, of 9747 River Forest Drive, responded to questions. Rod Dragsten asked about access to the detached garage in the rear yard. The applicant explained that the proposed expansion would provide 12 feet of space outside of the addition. His request includes installing a garage door on the back of the existing garage to enable drive access to the garage in the rear yard. Staff noted that the request would be code compliant as long as the intent is to move things in and out of the garage and not to park in between garages. Rod Dragsten asked if the request was primarily to create the bonus room above the garage or provide extra storage. The applicant stated that the intent was to do both as they run a small daycare out of their home and need the space. He had no concerns with conditions in Exhibit Z. Hearing no public comment, the public hearing was closed. Planning Commission Minutes — 04/03/12 BARRY VOIGHT MOVED TO ADOPT RESOLUTION 2012 -032, RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR MAJOR ACCESSORY STRUCTURE, WITH CONDITIONS AS NOTED IN EXHIBIT Z AS FOLLOWS. BILL SPARTZ SECONDED THE MOTION. MOTION CARRIED 5 -0. EXHIBIT Z Lot 7, Block 1, River Forest — Major Accessory Structure CUP The use of the accessory structure shall be to directly serve the principal use and must comply with ordinance requirements pertaining to private garages. The applicant will be required to comply with ordinance requirements pertaining to driveway setback, surfacing, maximum curb cut, and other off - street parking requirements. Issues related to grading and drainage shall be subject to review and comment by the City Engineer. 5. Public Hearing — Consideration to approve a Conditional Use Permit for a detached Major Accessory Structure in an R -4 (Manufactured Home Park) District. Legal Description: Lengthy Legal — 1000 Kiellberg's Manufactured Home Park, East Applicant: Kiellber2, Kent; Planning Case Number: 2012 - 009 Planner Steve Grittman summarized that the applicant asked for a Conditional Use Permit to construct an addition to existing accessory storage garages with a new building of approximately 100 feet by 24 feet (10 bays) at the Kjellberg East mobile home park. In the M -H Disrict, accessory storage garages are allowed by Conditional Use Permit, subject to the following requirements: (b) In the M -H district, the following shall apply: (i) Accessory storage buildings in manufactured home parks, if not reviewed and approved as part of a PUD, shall be conditionally permitted subject to the following additional requirements: 1. The storage building and any accompanying outdoor storage area shall be for the sole use of the residents of the manufactured home park and shall not be used by non - residents. 2. Accompanying outdoor storage areas shall be fully screened from surrounding manufactured home units and adjacent properties. The new structure will be solely for the use of residents of the park, and is intended to satisfy a waiting list for such storage. The building will replace existing outdoor storage, and as such, would be more conforming to the code than the existing condition. No additional lighting to be included with the new building. Planning Commission Minutes — 04/03/12 Charlotte Gabler asked if the request required any landscape conditions. Staff indicated that it did not as it is paved. Barry Voight confirmed that garage doors would face the drive aisle. The public hearing was opened Kirk Kjellberg, representing the applicant, Kent Kjellberg, confirmed that eliminating outdoor storage in the mobile home park would be of benefit to residents. Rod Dragsten asked about the current number of storage units. Kirk Kjellberg indicated that there were currently 33. Rod Dragsten also confirmed that the conditions in Exhibit Z were understood. Kirk Kjellberg agreed and indicated that an evacuation plan was in place. Hearing no further public comment, the public hearing was closed. Decision 1: Resolution of Recommendation for BILL SPARTZ MOVED TO APPROVE RESOLUTION 2012 -033 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT FOR A 10 -BAY ACCESSORY STORAGE GARAGE AS PROPOSED IN THE APPLICATION OF MARCH 5, 2012, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z AS FOLLOWS. BRAD FYLE SECONDED THE MOTION. MOTION Exhibit Z — Conditions of Approval CUP for Accessory Storage Garage Building- Kjellberg East Mobile Home Park 1. The City verifies the existence of an emergency evacuation plan meeting the requirements of state and local regulations, or the City approves a new plan to be proposed by the applicant. 2. If lighting is to be added, the applicant light the area in such a way as to ensure that no light glare or glow impacts neighboring residents. 3. No outdoor storage is approved as a part of this CUP, and as indicated by the applicant, existing outdoor storage will be removed as a result of the construction of this building. If any existing outdoor storage is to be relocated, a separate CUP is required pursuant to the requirements of the zoning ordinance. Consideration to adopt Ordinance #545, repealing Chapter 27 of the Monticello Zoning Ordinance Regulating the Management of the Mississippi Wild, Scenic, and Recreational River System and the Shoreland Areas of the City of Monticello and adopting amendments to Monticello Zoning Ordinance Chapter 3, Section 7, Overlay Ordinances regulating the Mississippi Wild, Scenic & Recreational River District and the Shoreland District, and Chapter 8, Section 4, Definitions. Applicant: City of Monticello 11 Planning Commission Minutes — 04/03/12 Angela Schumann provided additional clarification on the following components of the Shoreland and Mississippi Wild, Scenic and Recreational River ordinances, prior to recommendation for adoption, as requested by the Planning Commission. • Minimum standards for commercial/industrial lots ( Shoreland): Rather than adopt the template ordinance provided by the State, the City will instead refer to its own minimum lot standards for commercial /industrial development. • Designation tion process for public waters: All "public waters" in the state have been mapped and inventoried. New wetlands created by development will be mapped and added to the DNR's public waters inventory. Lakes are shown with a "P" and wetlands are marked with a "W" on the area map. The Shoreland Ordinance applies for those designated "P" and the Wetland Ordinance applies for those designated "W ". The Wild and Scenic designation applies to the river. Rebuilding of structures within Shoreland or MWSRR: The City "may" allow rebuilding on non - conforming lots in the shoreland area and has a significant amount of latitude in determining to what standards buildings may be rebuilt. The city would look to the ordinance adopted for performance standards. A variance would be required if the rebuild is not compliance. The City would consult with the DNR in these cases. Definitions for the river systems classified within the Shoreland Ordinance were added to Chapter 8. Supplemental information about drainage and utility casements and conservation easements were provided for review. A drainage and utility easement helps to manage stormwater ponds and a conservation easement prohibits development. Both types of easements could be in place on a property. Charlotte Gabler asked if homeowners would receive a copy of the recorded conservation easement if one exists for their property. Angela Schumann confirmed that and noted that a conservation easement would also be posted on lot lines. Conservation easements are to be considered as part of the Subdivision Ordinance. Brad Fyle asked how rebuilding would be handled in low lying areas near the river. The DNR had indicated that the lowest level of River Terrace is very prone to flooding and that the City could participate with FEMA in a program to buy back such properties so that they are not redeveloped. Rebuilding is prohibited in a Floodplain District. FEMA is in the process of updating the floodplain designation maps and determining the potential flood risk for properties. The City will update the Floodplain Ordinance once the FEMA maps have been completed. BARRY VOIGHT MOVED TO ADOPT RESOLUTION 2012 -022, Planning Commission Minutes — 04/03/12 RECOMMENDING APPROVAL OF ORDINANCE #545, FOR ADOPTION OF TITLE 10, CHAPTER 3, SECTION 7 (E), MISSISSIPPI WILD, SCENIC, AND RECREATIONAL RIVER SYSTEM, CHAPTER 3, SECTION 7 (F), SHORELAND DISTRICT AND AMENDMENTS TO CHAPTER 8, SECTION 4, DEFINITIONS, AND THE REPEAL OF MONTICELLO ZONING ORDINANCE CHAPTER 27, REGULATING THE MANAGEMENT OF THE MISSISSIPPI WILD, SCENIC, AND RECREATIONAL RIVER SYSTEM AND THE SHORELAND AREAS OF THE CITY OF MONTICELLO. BILL SPARTZ SECONDED THE MOTION. MOTION 7. Community Development Director's Report CCD Ordinance Rewrite -The ad hoc task force reviewed the latest draft CCD ordinance materials and expect to hold an ordinance open house on Tuesday, May 15`h. Staff will bring the full ordinance to public hearing in June. Transportation Advisory Committee (TA C) Update- Results of meetings with stakeholders of the proposed Fallon Avenue Overpass project concept plans will be brought forward to the City Council for review. A renewed discussion related to the Second River Crossing project is to be planned for early May. Quarry Church -Quarry Church submitted a site plan application for the proposed Phase I office use. Staff are in the process of administrative review. Subdivision Ordinance Amendment -Ben Gozola will provide an estimate for consideration. Review of the Subdivision Ordinance will begin after the CCD Ordinance revision is completed in June. Growth Projections Update -Staff will bring forward the Growth Projections Update for Commission review. 8. Adjourn BILL SPARTZ MOVED TO ADJOURN THE MEETING AT 6:35 PM. BARRY VOIGHT SECONDED THE MOTION. MOTION CARRIED 5 -0. Recorder: Kerry T. Bum Approved: May 1, 2012 Attest: Angela SchiWnnVCdrrirlfu -i ity lopment Director