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Planning Commission Minutes 06-05-2012MINUTES MONTICELLO PLANNING COMMISSION Tuesday, June 5, 2012 - 6:00 PM Mississippi Room, Monticello Community Center Commissioners: William Spartz, Barry Voight, Charlotte Gabler, and Brad Fyle Council Liaison: Lloyd Hilgart Staff: Angela Schumann, Ron Hackenmueller, Steve Grittman-NAC 1. Call to order Commissioner Spartz called the meeting to order at 6:00 p.m. 2. Consideration to approve Planning Commission minutes a) Regular Meeting of May 1 ", 2012 BRAD FYLE MOVED TO APPROVE THE MINUTES OF MAY 1, 2012. BARRY VOIGHT SECONDED THE MOTION. MOTION CARRIED 4 -0. b) Special Meeting of May 15`h, 2012 BARRY VOIGHT MOVED TO APPROVE THE MINUTES OF MAY 15, 2012. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 4 -0. 3. Citizen Comments None 4. Consideration of adding items to the agenda • Candidate Update • Fleet Farm Update 5. Public Hearing - Consideration of a request for Variance from required building setbacks for a detached accessory structure in an R -1 (Single - Family Residential) District. Applicant: Bauer Construction, Inc. Location: Lot 10, Block 1, Briar Oakes Estates 2nd, 990 Shady Oak Circle PID 155097001100 Angela Schumann stated that the applicant had withdrawn the request for variance. Planning Commission members instead discussed the zoning ordinance related to the request. Barry Voight stated that he would like to see the ordinance amended so that a variance would not be required to construct a major accessory structure within six feet of a principal structure. He said that after a visiting the site he understood why the applicant would want to build in the proposed location. He suggested that accessory structure location decisions should be subject to the property owner's discretion. Planning Commission Minutes — 06/05/12 Bill Spartz asked staff if an amendment would violate the building code. Building Official Ron Hackenmueller stated that amending the zoning ordinance would create conflict with the Fire Code. Monticello's ordinance requires a separation for zoning purposes and sets that separation at six feet since it tracks with the fire code standard. He noted that a shed would need to be sheetrocked on all sides to meet fire code separation regulations. Steve Grittman suggested that staff develop further information about this issue rather than prepare an ordinance amendment. He noted that the six foot rule isn't arbitrary and that it reflects compliance with other codes. Brad Fyle recommended that the zoning code should not override the building code. Charlotte Gabler agreed. Bill Spartz stated that he does not want an amendment at this time but asked that staff provide additional information on this issue. 6. Public Hearing - Consideration of a request for Administrative Lot Combination and Conditional Use Permit for detached accessory structure an R -2 (Single & Two - Family Residential) District. Applicant: Michaelis, Jeff , Property Location: Lots 1 & 2, Block 38, Lower Monticello, 618 and 630 East 4th Street Planning Case Number: 2012-019 Steve Grittman summarized that the applicant proposed to purchase approximately 7,720 square feet of land from the abutting parcel to the west (618 East 4th Street) and combine it with his property (630 East 4th Street) via simple subdivision. Within the land area to be acquired, the applicant proposed to construct a 576 square foot detached accessory garage. The applicant's home presently has an 864 square foot attached garage. According to ordinance, the combination of attached garages and detached accessory buildings in residential zoning districts may not exceed 1,200 square feet except by conditional use permit. In consideration of conditional use permit applications, Chapter 2.4 (D) of the Ordinance establishes a number of criteria that must be satisfied. These are as follows: (i) The conditional use will not substantially diminish or impair property values within the immediate vicinity of the subject property; (ii) The conditional use will not be detrimental to the health, safety, morals, or welfare of persons residing or working near the use; (iii) The conditional use will not impede the normal and orderly development of surrounding property for permitted uses predominant in the area; (iv) The conditional use will notpose an undue burden on public utilities or roads, and adequate sanitary facilities are provided; (v) The conditional use can provide adequate parking and loading spaces, and all Planning Commission Minutes - 06/05/12 storage on the site can be done in conformance with City code requirements, (vi) The conditional use will not result in any nuisance including but not limited to odor, noise, or sightpollution; (vii) The conditional use will not unnecessarily impact natural features such as woodlands, wetlands, and shorelines, and all erosion will be properly controlled, (viii) The conditional use will adhere to any applicable additional criteria outlined in Chapter 5 for the proposed use. Chapter 5.3.D. of the Ordinance states that if more than 1,200 square feet of accessory storage space is to be allowed upon a residentially zoned lot, certain conditions must be satisfied. The following is a listing of the various conditions: 1. The total accessory storage space shall not exceed 1, 500 square feet 2. 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. 3. 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 4. 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. 5. The accessory buildings shall be constructed to be similar to the principal building in architectural style and building materials. The public hearing was opened. Property owner Jeff Michaelis of 630 East 4a' Street stated that the owner of the property next door is willing to sell him the rear portion of the lot so that he can build a garage to be used for storage. Angela Schumann noted that the applicant's name would be corrected in the resolution. As there were no further public comments, the public hearing was closed. Brad Fyle asked if there was a drainage and utility easement to be vacated between the properties. Staff reported that there is a utility easement on south side of property but that the proposed garage is outside of that easement. Decision 1: Recommending Resolution 2012 - 054 approving the Simple Subdivision (to convey a portion of 618 East 4th Street to 630 East 4th Street) as depicted upon the certificate of survey dated May 14, 2012. Planning Commission Minutes — 06/05/12 BARRY VOIGHT MOVED TO APPROVE RESOLUTION 2012 — 054 RECOMMENDING APPROVAL OF THE SIMPLE SUBDIVISION APPLICATION DATED MAY 10TH, 2012, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z AS FOLLOWS. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 4 -0. Decision 2: Recommending Resolution No. 2012 -054 approving a Conditional Use Permit to allow more than 1,200 square feet of accessory storage space upon property located at 630 East 4`" Street. BARRY VOIGHT MOVED TO APPROVE RESOLUTION 2012 — 054 RECOMMENDING APPROVAL OF THE CONDITIONAL USE PERMIT TO ALLOW MORE THAN 1,200 SQUARE FEET OF ACCESSORY STORAGE SPACE UPON THE SUBJECT PROPERTY AS PROPOSED IN THE APPLICATION DATED MAY 10, 2012, CONTINGENT ON COMPLIANCE WITH THOSE CONDITIONS SPECIFIED IN EXHIBIT Z AS FOLLOWS. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 4 -0. Exhibit Z Simple Subdivision Conditions of Approval 618 East 4t Street and 630 East 4` Street • The City Engineer shall provide comment and recommendation regarding grading, drainage and related easement issues. • The applicant shall record the certificate of survey with the County Recorder within 100 days of City Council approval. Conditional Use Permit Conditions of Approval 630 East 4th Street • The City shall approve the requested Simple Subdivision as graphically depicted upon the certificate of survey dated May 14, 2012. • A building permit for the accessory structure shall not be issued until such time as the certificate of survey has been recorded. • Accessory building space (attached and detached) shall be utilized solely for the storage of residential personal property of the occupant of the principal dwelling. • No accessory building space shall be utilized for commercial purposes. • The submitted accessory building elevations shall be modified to specify the direction of the structure's overhead door upon the subject site. • Exterior finish materials and color of the detached accessory building shall match the site's principal structure. • Only one driveway is permitted for the single family parcel, in accordance with the Zoning Ordinance regulations for residential property. Planning Carnmission Minutes — 06/05/12 Angela Schumann noted that, due to the unanimous vote, this item would go before City Council as a consent agenda item on June 11`x'. 7. Public Hearing — Consideration of a request to extend an existing Interim Use Permit for the Alternative Learning Program (ALP) Applicant: Monticello Independent School District Planning Case Number: 2012 -018 The Alternative Learning Program of the Monticello School District requested approval for an extension of their Interim Use Permit to operate a K -12 education program in an I- 2, Heavy Industrial, zoning district located at 1208 Edmonson Avenue. The original permit was considered for the 1997 -1998 school year, and was approved concurrent with an ordinance amendment imposing three conditions similar to the three conditions listed in Exhibit Z. The City has extended this interim use permit for five 3- year terms since the original application. Although the parcel was designated as "Places to Shop" in the 2008 Comprehensive Plan, rezoning the property to a commercial zoning district would exclude the K -12 Education use, as such use is not listed as either conditional or interim in any commercial zoning district. K -12 Education uses are allowed by interim use permit in the I -1 and I -2 Districts. Existing zoning is appropriate given the current and proposed continued use. The applicant has indicated that they would like the ability to continue utilizing the site for as long as possible. The ordinance requires that the applicant enter into a consent agreement with the City which outlines the interim nature of the use and assigns approved conditions. In addition to the specific conditions assigned with the original interim use permit, zoning ordinance 5.2(D)(7) stipulates additional requirements as follows. K -12 Schools (public or private): (a) Educational institutions on parcels exceeding 20,000 square feet in area shall be located with direct frontage on, and access to, a collector or arterial street. (b) The buildings are set back from adjoining residential districts a distance no less than double the adjoining residential setback. The proposed interim use complies with both of these requirements. The principal building and lot comply with base zoning regulations, with the exception of building setback and curbing of required parking area. These are existing non- conforming site conditions which are not impacted by this application. Brad Fyle noted that the facility isn't in the greatest location but that it seems to be Planning Commission Minutes — 06/05/12 working out. Bill Spartz agreed. The public hearing was opened. Hearing no public comment, the public hearing was closed. BARRY VOIGHT MOVED TO RECOMMEND APPROVAL OF THE INTERIM USE PERMIT FOR THE ALTERNATIVE LEARNING PROGRAM, BASED ON A FINDING THAT THE USE CONTINUES TO RAISE NO ISSUES WITH THE SURROUNDING USERS, AND CONTINUES TO COMPLY WITH THE CONDITIONS ABOVE, SUBJECT TO THE CONDITIONS LISTED IN EXHIBIT Z AS FOLLOWS. CHARLOTTE GABLER SECONDED THE MOTION. MOTION CARRIED 4 -0. Exhibit Z Interim Use Permit —1248 Edmonson Avenue NE, Monticello School District ALP • A short-term termination date of three years is established to ensure that the City's development objectives are not affected by the location of the school facility. • The building shall be remodeled only to the extent that convenient re -use would still be possible. • The parking shall be evaluated annually during the term of the interim use permit to determine adequacy for the interim school use of the property. Any required expansion of the parking area to meet parking needs will require curbed perimeter. Angela Schumann noted that, due to the unanimous vote, this item would go before City Council as a consent agenda item on June I It". 8. Transportation Advisory Committee Appointment With the resignation of Planning Commission Chairman Rod Dragsten, the Planning Commission representation seat is open on the City's Transportation Advisory Committee (TAC). Staff briefly reviewed the role of the TAC and asked that Planning Commission members consider appointing a representative to the committee to act as a liaison between the two bodies. Barry Voight noted that he would be interested but had some concern about his schedule. Charlotte Gabler suggested that the Commissioners share the responsibility. Staff agreed that would work as an interim measure and suggested that over time one member may decide to represent the Planning Commission on the TAC. Staff will let the commissioners know when the next TAC meeting would be scheduled. 9. Community Development Director's Report Candidate Update - Staff reported that there had not yet been applications submitted for the open Planning Commission position. Previous candidates are no Planning Commission Minutes — 06/05/12 longer interested. The City will continue to advertise on the city website, the chamber newsletter, the weekly a -news and on Facebook. Charlotte Gabler extended the request for applications to those watching the Commission meeting broadcast. • Fleet Faun Update - Bill Spartz asked why Fleet Farm wasn't included in the recurring extension request agenda. Staff noted that the City Council had approved a two -year extension for Fleet Farm in response to their extension request submitted in 2011. 10. Adiourn BARRY VOIGHT MOVED TO ADJOURN THE MEETING AT 6:37 PM. BRAD FYLE SECONDED THE MOTION. MOTION CARRIED 4 -0. Recorder: Kerry T. Burri Approved: July 3, 2912 Attest: I ARM Development Director II