Planning Commission Agenda Packet 11-03-1993MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, October 5, 1993 - 7 pm.
:Members Present: Cindy Lemm, Richard Martie, Jon Bogart, Richard Carlson,
Brian Stumpf
Members Absent: None
Staff Present: Gary Anderson, Jeff O'Neill
The meeting was called to order by Chairperson Cindy Lemm at 7 p.m.
2. A motion was made by Jon Bogart and seconded by Richard Martie to
approve the minutes of the regular meeting held September 7, 1993.
Motion carried unanimously.
3. Ppblic Hearing --Consideration of a variance reapest to Section 3-5 fDl 9 (il.
which would allow more than (1) curb cut oer 125 ft of street frontaee.
Applicant. Custom Canoov.
Jeff O'Neill, Assistant Administrator, explained Custom Canopy's request to
be allowed to construct an additional driveway curb cut within 125 ft of an
existing curb cut. The applicant is experiencing difficulties with the
existing drive. It is not sufficient to accommodate a semi -truck tractor with
a trailer behind it to go into the westerly -most portion of their building.
The applicants have failed to demonstrate a hardship in this space.
Cindy Lemm then opened the public hearing.
There being no comments from the public, Cindy Lemm then opened it up
for further comments from the Planning Commission members. Comments
from the Planning Commission members questioned if city staff should be
working with industrial/commercial property owners to allow curb cuts
within 125 ft of each other. Questions were also brought up if there was
another appropriate driveway arrangement that could be made with this
Property.
There being no further input from the Planning Commission members, a
motion was made by Richard Carlson and seconded by Jon Bogart to table
the variance request. Motion carried unanimously. City staff is instructed
to schedule a public hearing for the next meeting to look at an ordinance
amendment for the possible lessening of the requirements for placement of
curb cuts in commercialfindustrial areas in the city of Monticello.
Page I
Planning Commission Minutes - 10/6/93
Public Hearine--Consideration of ureliminary plat approval of the Monticello
Commerce Center lot Addition, Applicant. Monticello Industrial Park. Inc.
Jeff O'Neill, Assistant Administrator, explained Mr. Pfeffees request to
grant preliminary plat approval of the Monticello Commerce Center 1st
Addition, which consists of a single 2-acre lot located directly north of the
Little Mountain Elementary School site on Fallon Avenue.
O'Neill highlighted two significant issues for the Planning Commission to
address. The first issue dealt with the lot depth, as the applicant was
proposing 435.6 ft of lot depth, which would encroach 35.6 ft from I-1 (light
industrial) zoning into BC (business campus) zoning. Typically, lot lines are
drawn to match zoning district boundaries and vice versa.
The second issue relates to the development of landscape screen or berm
between the elementary school site and the site of the proposed
development. With Mr. Pfeffer rezoning this area from BC (business
campus) to I-1 (light industrial), he does not intend to screen this area as
previously proposed when he asked for his rezoning. However, Pfeffer has
indicated he will plant some type of tree planting separating the light
industrial from the school district property.
Cindy Lemm then opened the public hearing.
There being no input from the public, Cindy Lemm closed the public
hearing and asked for further comments from the Planning Commission
members.
Planning Commission members felt very uncomfortable about taking land
out of another zoning area and combining it with the zoning for this
particular project.
Therefore, a motion was made by Jon Bogart and seconded by Richard
Martie to approve the plat contingent on modifying the lot depth from
435.6 ft to 400 ft. Having one lot within two zoning districts opens us up
for possible problems in the future. Motion carried unanimously.
Page 2
Planning Commission Minutes - 10/5/93
Public Hearine--Consideration of Dreliminary Dist approval of Point Minnie.
ADDlicant. Stuart Hoelund.
Jeff O'Neill, Assistant Administrator, explained the background to the
preliminary plat for the Point Minnie subdivision request. The reason it is
back before them, as the Planning Commission and City Council had
reviewed and approved a preliminary plat in 1990, is it has been more than
a year since it was approved, and it then has to come back before the
Planning Commission and City Council for their approval.
Cindy Leann then opened the public hearing.
There being no comments from the public, Cindy Lemm then closed the
public hearing and opened it up for comments from the Planning
Commission members.
There being no comments from Planning Commission members, a motion
was made by Richard Martie and seconded by Jon Bogart to approve the
preliminary plat request of the Point Minnie subdivision. Motion carried
unanimously.
Public Henrine--Consideration of an amendment to Chanter 16 of the
Monticello Zonine Ordinance which would permit the use of a temuornry
ptructure not to exceed 711Qso ft that ip accessory to a Drincionl use on an
interim basis fort period not to exceed a specified maximum Dpriod of time.
The interim use is nat Lnnsidered to constitute an expansion of a pre-
existing, legal pon-conformine use where applicable. Anolicant. Communitv
United Methodist Church.
Planning Commission member, Jon Bogart, abstained from any comments
on this request, as he is a trustee of the church.
Jeff O'Neill, Assistant Administrator, updated the Planning Commission
members on the Community United Methodist Church's request to place a
temporary structure on their property. In response to their request, City
staff with assistance tirom the City Planner and City Attorney has come up
with a proposed ordinance amendment which would allow the permitted
accessory structures in an 1.2 (heavy industrial) none only. O'Neill
explained the proposed ordinance amendment, which would state "One
temporary structure as an interim use not to exceed 700 sq ft that is
accessory to a principal use on an interim basis for a period not to exceed a
duration of time specified by the Planning Commission. The interim use is
not considered to constitute an expansion of a pro -existing, legal non-
conforming use where applicable."
Chairperson Cindy Lemm then opened the public hearing.
Page 3
Planning Commission Minutes - 10/5/93
O'Neill asked if the Pumpkin Patch Preschool leased space was also used by
the Sunday School. Bill Caldwell responded by saying that it is used by the
Sunday School on Sundays. A question was raised whether or not one could
just consider this use rather than allowing it in all I-2 zones. Stall'
responded that we have to treat this use as proposed in the ordinance
amendment in all I-2 (heavy industrial) zones.
Cindy Lemm then closed the public hearing and opened it up for further
comments from the Planning Commission members.
Planning Commission members were concerned on a time frame and felt a
one- to three-year time frame would be sufficient for this proposed use of a
temporary structure for classroom purposes.
Therefore, a motion was made by Richard Martie and seconded by Brian
Stumpf to approve the ordinance amendment as proposed. Planning
Commission makes the finding that the ordinance amendment is consistent
with the geography and character of the I-2 zoning district and is consistent
with the comprehensive plan, and the land values in the 1.2 zoning district
will not be impacted by the zoning ordinance amendment. One temporary
structure is allowed as an interim use not to exceed 700 sq ft that is
accessory to the principal use on an interim basis for a period not to exceed
2 years. Voting in favor: Cindy Lemm, Richard Carlson, Richard Martie,
Brian Stumpf. Abstaining: Jon Bogart.
Planning Commission member, Richard Carlson, left the meeting at this time.
Pp41ic Henring--Consideration of a variange request to pllow a building
addition onto a non -conforming structure in a rear vard setback
reauirement. Aanlicant, Gene Jestus.
Jeff O'Neill, Assistant Administrator, explained Mr. Jestus' request to be
allowed to construct an addition onto his existing garage, which is a lawful
non -conforming structure having been built and so situated on the lot prior
to the adoption of the zoning ordinance. Mr. Jestus' existing garage is
approximately 14 ft from the rear property line, and the minimum
requirement is 30 ft by ordinance. It is also 4.5 ft from the side lot line
with the minimum being 20 ft.
O'Neill then showed the video of the property that was taken in the prior
afternoon showing the location of the adjacent structures around Mr. Jestus'
garage.
Cindy Lemm then opened the public hearing.
Pago 4
Planning Commission Minutes - 10/6/93
Mr. Jestus said that he would answer any questions that the Planning
Commission members had of his request and that he would merely like to
be allowed to expand his existing garage to place his vehicles in the garage
and to allow the extra room for his addition to place additional items inside
the garage for storage. He has made several improvements to his property
and now would like to make the improvement to his existing garage.
Cindy Lemm then closed the public hearing and opened it up for further
comments from the Planning Commission members.
Planning Commission members felt sympathetic with Mr. Jestus' request
but felt that the legal non -conforming structure should be brought into
conformance, as Mr. Jestus' has failed to justify a hardship in this case.
Therefore, a motion was made by Brian Stumpf and sewnded by Richard
Martie to deny the variance request to allow a building addition onto a non-
conforming structure in a rear yard setback requirement. Motion carried
unanimously with Richard Carlson absent. Reason for denial: The
applicant has failed to demonstrate a hardship in his variance request.
Public Hgarine--Consiflcration of amendment to Chapter 3.5 1DI 9 (f) of the
Monticello Zoning Ordinance, which would allow gurb cut vtidths in
commercial and industrial districtq to exceed the 24-R width at the
tliscrgtion of the Citv Engineer and Zonins Administrator, Applicant,
Monticeffo Plannine Commission.
City staff is bringing back the proposed ordinance amendment which would
allow the City Engineer and the Zoning Administrator, at their discretion,
to determine curb cut widths in excess of 24 ft. The intent of the ordinance
amendment would be to allow the City Engineer, at his discretion, in
conjunction with the Zoning Administrator to make a decision on the
additional curb cut width rather than go back through a variance request as
each case comes up.
Chairperson Cindy Lemm then opened the public hearing.
There being no comments from the public, Cindy Lemm then closed the
public hearing and opened it up for comments from the Planning
Commission members.
After discussion, it was determined that having an open-ended maximum
controlled by City Engineer/Zoning Administrator discretion is superior to
establishing a fixed higher maximum. In reviewing ILturo requests for curb
cuts in excess of 24 ft, the City Engineer and the Zoning Administrator
would have to take a look at the existing conditions which would exist
there, the actual size of the pavement, bituminous street surface which
Page 6
Planning Commission Minutes - 10/5/93
serves the driveway curb cut, and also any proposed improvements that
would be proposed for this public right of way before making their decision.
After discussion, a motion was made by Jon Bogart and seconded by Brian
Stumpf to approve the ordinance amendment which would allow curb cut
widths in commercial and industrial districts to exceed the width of the 24
ft at the discretion of the City Engineer and the Zoning Administrator.
Motion carried unanimously with Richard Carlson absent.
Additional Information Items
1. Request to amend Section 3-3 [C] of the Monticello Zoning Ordinance by
changing the R-I (single family residential) side yard setback requirement
from ten (10) R on both side yards to six (6) ft on one side and ten (10) ft on
the other side. Applicant, Tony Emmerich. Council action: Denied as per
Planning Commission recommendation.
2. A conditional use request to allow open and outdoor storage as an accessory
use in an 1-2 (heavy industrial) zone, and a variance request to allow a 40-ft
curb cut. Applicant, H-Window Company. Council action: Approved the
conditional use request as per Planning Commission recommendation.
Approved the variance request to allow a 30•ft and a 40-ft curb cut.
3. A request to amend Chapter 10 of the Monticello Zoning Ordinance by
adding a provision that would increase the maximum size allowed for
private garages accessory to the residential use in a PZM (performance zone
mixed) zone. Applicant, Randy Ruff'. Council action: Denied as per
Planning Commission recommendation.
4. It was the consensus of the Planning Commission members to set
Wednesday, November 3, 1993, 7 p.m., as the next tentative date for the
Monticello Planning Commission meeting.
5. A motion was made by Richard Martie and seconded by Brian Stumpf to
adjourn the meeting. The motion carried unanimously with Richard
Carlson absent. Meeting adjourned at 9:06 p.m.
Respectfully submitted,
Gary Anderson
Zoning Administrator
Page 6
Planning Commission Agenda - I V3/93
P�bllc Hearing—Considerg1lon of a request to amend 34 [GI 1(b) of
the Monticello Zoning Ordinance by amending the current
requirement that a 2-story dwetUna contain at least 750 so ft of floor
area Der story. The section would be amended as follows: "rwo.
story dwellings shall contain a total minimum floor area of 960 so ft.
The minimum boor area for two-story dwellings shall not include
Moor area necessary to accommodate stairwells." ADDlicant. Value
Plus Homes. Inc.. of Monticello. Q.O.)
A. REFERENCE AND BACKGROUND:
Tom Holthaus of Value Phis Homes, Inc., of Monticello requests that the
City amend the current design requirements that limit the ability to build
compact two-story buildings commonly built in other communities.
Holthaus requested that I review the matter with the City Planner to see
whether or not our ordinance is overly restrictive or out of date.
I reviewed the matter with the City Planner, and he concurred that our
present ordinance is somewhat out of date in this area. Grittman noted
that the ordinance as written unduly limits the ability of a builder to
construct two-story homes and went on to recommend that we simply
change the ordinance by requiring the same amount of floor area for a two-
story building as a one-story building; however, we should make a provision
for requiring additional floor area to accommodate stairwells in two-story
structures.
Under our present ordinance, the total square footage of a two-story
building must reach 1600 sq ft. Holthaus views this square foot
requirement as excessive as there are very livable two-story house designs
that have a total floor area that is less than 1500 sq ft.
B. ALTERNATIVE ACTIONS:
Motion to approve the zoning ordinance amendment based on the
finding that the request is consistent with the comprehensive plan,
the geographic area involved will not result in a depreciation of the
area in which it is proposed, it is consistent with the character of the
surrounding area, and there is a demonstrated need for such use.
Under this alternative, the Planning Commission is satisfied that the
proposal to liberalize the rules relating to construction of two-story
structures makes sense in terms of the zoning ordinance amendment
criteria noted in the Mding. This alternative could be justified based
Planning Commission Agenda - 11/3/93
on the Planner's report to staff' which indicates that the present
ordinance is unduly restrictive and that the City can improve its
ability to diversify its housing types by amending the ordinance. The
type of two-story homes that will be developed will complement R-1
and R-2 areas and, therefore, are consistent with the geographic area
and character of the R-1 zones.
2. Motion to deny the zoning ordinance amendment request as
submitted.
Under this alternative, Planning Commission could make a finding
that the present ordinance is adequate and is necessary to control
two-story structures. Based on the report to City staff made by the
City Planner, it is difficult for City staff to prepare a finding in
opposition to the request.
C. STAFF RECOMMENDATION:
Staff recommends that the zoning ordinance amendment be approved as
submitted. The amendment as proposed will enable diversification of
( housing types within certain development areas without sacrificing the
character or quality of the neighborhoods. In fact, diversification could
serve to enhance the neighborhoods by providing housing type variety. It is
our view that the finding as outlined under alternative #1 is proper and
that the amendment should be approved.
D. SUPPORTING DATA:
Copy of previous zoning ordinance section 34 [G] 1(b); Copy of proposed
zoning ordinance amendment.
9
10. Water towers
11. Poles, towers, and other structures for essential
service
12. Necessary mechanical and electrical appurtenances
13. Television and radio antennas not exceeding twenty
(20) feet above roof
14. Wind electrical generators
[F] No excluded roof equipment or structural element
extending beyond the limited height of a building may
occupy more than twenty-five (25) percent of the area of
such roof not to exceed ten (10) feet unless otherwise
noted.
(G] MINIMUM FLOOR AREA PER DWELLING UNIT:
1. ONE AND/OR TWO-FAMILY DWELLINGS AND TOWNHOUSESs
The minimum floor area for such type buildings
shall be as follows:
(a) 4?M- tort' Dwelling --960 square feet.
�XI 5+� b Two -Story Dwellinq--740 square feet per story.
(c) EXCEPTION: The minimum square footage of a
one-story building may be reduced to 864
square feet if a garage is added with at least
400 square feet. In no case, however, shall
the minimum dimension of that garage be less
than 16 feet.
(7/22/91, 0210)
2. MULTIPLE DWELLING UNITS: Except for elderly
housing, living unite classified as multiple
dwellings shall have the following minimum floor
areas per units
(a) Efficiency Units 500 square feet
(b) One Bedroom Unite
(c) Two Bedroom Unite
(d) More than Two
Bedroom Units
600 square feet
720 square feet
An additional 100
square feet for each
additional bedroom
3. ELDERLY (SENIOR CITIZEN) HOUSING:
Living units classified as elderly (senior citizen)
housing units shall have the following minimum
floor areas per unit:
(a) Efficiency Units
MONTICELLO ZONING ORDINANCE
440 aquas: felt,
� 1
i
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT
ZONING ORDINANCE SECTION 3-9 [G[ 1 (b) RELATING TO MINIMUM
FLOOR AREA PER DWELLING UNIT BE AMENDED TO READ AS
FOLLOWS:
(b) Two-story dwellings shall contain a total minimum floor area of 960
sq R. The minimum floor area for two-story dwellings shall not
include floor area necessary to accommodate stairwells.
Adopted by the Monticello City Council on November 3, 1993.
Mayor
City Administrator
Planning Commission Agenda - 11/3/93
Public Hearing —Consideration of a request for a 2-ft variance to the
10-ft side yard setback requirement. Reauest is in coniunction with
construction of an addition to a single family dwetUng. Location;
Block 8. Lot 14. Lower Monticello. Aoglicant. Kevin and Mary Hook
(J.O. )
A. REFERENCE AND BACKGROUND:
Kevin and Mary Hook request a variance to the side yard setback
requirement to allow construction of an addition to their home within a
portion of the side yard setback. Their request is for a 2-ft variance to the
10-ft side yard setback requirement. It is possible to build the addition
without a variance. However, Mrs. Hook has explained that the additional
2 ft is needed to enlarge an existing room on the east side of the structure.
If the variance is not granted, then they will need to move an interior wall
to the west in order to make this particular room larger.
Planning Commission needs to determine whether or not the request
complies with the requirements for granting a variance as outlined in the
ordinance. It appears that the request does not comply with the statutory
criteria for a variance. There is sufficient room for an addition to he
constructed without encroaching on the side yard setbacks. The property
can still be economically used for the purpose for which it is intended.
There is nothing unique nor is there any hardship that would justify
granting of the variance. Mrs. Hook indicates that denial of the variance
will create a problem in that they will need to move an interior wall of their
structure in order to gain more useful space on the cast side of the home.
This particular justification for a variance is economic in nature and,
therefore, does not appear to be sufficient grounds for granting a variance.
Finally, to reiterate, a variance should only be granted in those
circumstances where a true hardship is presented by a unique factor,
generally topographical in nature and not self-created whereby the property
cannot he put into a reasonable use without deviating from the ordinance.
According to the City Attorney, a hardship cannot he based on economic
criteria, and arguments concerning "better use of the property" are
generally immaterial. Finally, a variance should never be granted on the
theory that no one is opposed to it or that the variance will not hurt
anybody.
Planning Commission Agenda - 11/3/93
B. ALTERNATIVE ACTIONS:
1. Motion to approve the variance request.
2. Motion to deny granting a variance request based on a finding that a
hardship has not been demonstrated, and the property can still be
economically used for the purpose for which it is intended.
C. STAFF RECOMMENDATION:
Staff recommends denial of the variance request based on the discussion
outlined above.
D. SUPPORTING DATA:
Excerpt from ordinance defining criteria for granting variances; Copy of site
plan to be provided at meeting.
OF sov
CSIIFICATrr F,
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fact that the proposed action will not:
,1 [A] Impair an adequate supply of light and air to adjacent
Vt�D property.
lll[B] Unreasonably increase the congestion in the public
street.
[C] Increase the danger of fire or endanger the public
safety.
(D] Unreasonably diminish or impair established property
values within the neighborhood or in any other way be
contrary to the intent of this ordinance.
23-4: !ON -ECONOMIC HARDSHIP: The Planning Commission, serving as
the Board of Adjustment and Appeals, shall, after receiving
the written reports and recommendations of the City staff,
make a finding of fact and decide upon requests for a variance
by approving or denying the same, in part or in whole, where
it is alleged by the applicant that a non -economic hardship in
the reasonable use of a specific parcel of property exists.
G A hardship that by some reason of narrowness, shallowness, or
shape of a specific parcel of property or lot existing and of
MONTICE ZONING ORDINANCE 23/1
\\U
vv record upon the effective date of this ordinance or that by
reason of exceptional topographic or water conditions of a
specific parcel of land or lot, the strict application of the
terms of this ordinance would result in exceptional
difficulties when utilizing the parcel or lot in a manner
customary and legally permissible within the district in which
said lot or parcel is located, or would create undue hardship
upon the onwer of such lot or parcel that the owner of another
lot or parcel within the same district would not have if he
were to develop his lot or parcel in a manner proposed by the
applicant. Should the Planning Commission find that the
conditions outlined heretofore apply to the proposed lot or
parcel, the Planning Commission may grant a variance from the
strict application of this ordinance so as to relieve such
difficulties or hardships to the degree considered reasonable,
providing such relief may be granted without Impairing the
ntent of this zoning ordinance.
23-51 APPEALS: The Planning Commission, serving as the Board of
Adjustment and Appeals, shall, after receiving the written
report and recommendation of the City staff, make a finding of
fact and make a decision on appeals where it In alleged by the
applicant that error has occurred in any order, requirement,
decision, or determination made by the Building Inspector in
the enforcement of this ordinance. However, said appeal shell
be filed no later than ninety (90) days after the applicant
has received a written notice from the Building or
said appeal shall be considered void.
Planning Commission Agenda - 1113/93
Public Hearing --Consideration of a request for a 5-ft yariance to the
side yard setback requirement requested in conjunction with
construction of a detached aara¢e. Location is Block B, Lot 14.
Lower Monticello. Apnllcant. Kevin and Mary Hook. W.O.)
A. REFERENCE AND BACKGROUND:
In addition to the variance request associated with the new addition they
are planning, the Hook household is also planning on developing a new
garage which will replace the existing garage. The Hooks propose that the
new garage be placed along the same alignment as the existing garage. The
existing garage is 5.5 It from the lot line. In order to place the new garage
along the same setback line, a variance of 4.5 ft is necessary.
Mr. and Mrs. Hook would like a variance to the side yard setback
requirement in order to build a garage with a 24' x 32' dimension without
impacting a tree on their lot.
It should also he noted that a non -conforming garage exists on the adjoining
property. In fact, this garage is located on the lot line. Approving the
variance request allowing a 5.5 ft setback would place these two structures
5.5 ft apart, when under normal circumstances they should be almost 20 ft
apart. According to Gary, this narrow separation is not a problem from the
building code standpoint; however, construction of the western wall of the
Hook structure, if placed as proposed, would need to be built to a higher fire
rating. In order to achieve the higher fire rating, all they would need to do
is sheetrock the wall.
As with the other Hook variance request, the Planning Commission needs to
determine whether or not the request meets the criteria for granting a
variance. Planning Commission needs to determine whether or not the
need to remove a tree in order to develop the accessory building constitutes
a hardship. It should be noted that this rationale for granting a variance
has not been sufficient justification. As you may recall, a variance request
submitted by Mr. Drayna for a garage located at 13 Linn Street was denied
even though they made the argument that requiring placement of the
garage in the proper position would result in removal of certain trees on the
property.
Planning Commission Agenda - 1113W
It appears that there is sufficient area on the property to allow proper
placement of the garage without the need to encroach on the setback
requirements. Therefore, there is no hardship or unique situation that
would justify granting of the variance.
B. ALTERNATIVE ACTIONS:
1. Motion to approve the variance request.
2. Motion to deny the variance request based on a finding that the
request does not meet the criteria for granting a variance as outlined
by ordinance, there is nothing unique or a particular hardship
associated with the request, and the property can be put to
reasonable use without deviating from the ordinance.
C. STAFF RECOMMENDATION:
Staff recommends alternative ti2.
As an alternative to granting the variances, Planning Commission may wish
to discuss the possibility of reducing the setback requirements in certain
areas in the community where lots of record are typically 66 R wide. The
current aide yard setback requirement (10 ft) is designed to compliment a
minimum lot width of 80 ft which nets a buildable area of 60 ft. In the old
part of town, where lots are 66 ft wide, the setback requirement nets a
buildable area of 46 ft. Perhaps the side yard setback requirements should
be liberalized to provide more building area. I will be seeking input from
the City Planner on this topic and report his comments at the meeting.
P.SUPPORTING DM:
See copy of criteria with other Hook item; Copy of site plan to be provided
at meeting.
Planning Commission Agenda - 11/3/93
6. Public Hearina—Consilleration of q request for a conditional use
uermit allowing outside storase. Annllcant. Custom Canoov. (J.O.)
A. REFERENCE AND BACKGROUND:
Custom Canopy requests a conditional use permit allowing outside storage
in conjunction with the recent development of their new facility at the
intersection of Dundas Road and Fallon Avenue. The request for the
conditional use permit is somewhat after the fact because the original site
plan did not include any reference to outside storage. It was our original
understanding when the building permit was issued that all storage of
materials would occur inside of the structure. Now that City staff has a
better understanding of the method of operation, it appears that the
development will need to obtain a conditional use permit.
OUT8I1DE STORAGE CONDITIONAL USE PERMIT
On October 25, 1993, I met with Steve Birkeland, President of Custom
Canopy, regarding his request for a conditional use permit request.
Following is a summary of the discussion which outlines steps or conditions
associated with meeting the minimum requirements for obtaining a
conditional use permit allowing outside storage.
Pronosed Conditions
The area directly north of the paved area is considered to he a storage
area rather than a parking area. This area is used primarily for
storage of materials to be used in future projects and also is used for
short-term storage of semi -trailer Ducks that carry materials to and
from work sites.
It was determined that this area will be screened from view through
the use of an 8-ft high screening fence that will extend from the
northeast corner of the structure along the curb line to 10 ft from the
Fallon Avenue right-of-way. The screening fence would then he
extended northerly along Fallon Avenue to a distance of about 100 ft
from the driveway access point on Fallon Avenue then extended
across the property along the rear property lino to a point
approximately even with the northwest corner of the existing
structure. The intent of this amen is to shroud the view of the
storage from the Fallon Avenue right of way. (see site plan)
Planning Commission Agenda - 1113/93
Materials stored onsite shall not be stacked to an elevation higher
than the screening fence.
2. The storage area will be graded so as to allow drainage to the Fallon
Avenue ditch line at an elevation approximately level with the
existing paved surface. The storage area will be surfaced with a
crushed concrete material. The entire area enclosed by the fence will
be covered with this material.
3. It was also determined that the landscaping plan would be modified
per the ordinance requirements to incorporate the presence of the
screening fence, and the tree planting requirements would be
modified to include a larger development area. It was determined the
tree plantings would be established at 26-ft to 30-ft intervals along
the Fallon Avenue side of the screening fence.
4. No storage of materials shall be allowed in areas designated on the
site plan for parking.
6. The grading plan and screening fence design will be subject to review
and approval by city staff. —IS- Gva-t y'/P1-- -Ca .
In addition to agreeing to the criteria noted above, Birkeland mentioned
that he will be developing a paint booth which will be placed along the
northwest side of the existing structure. He will also be installing a crane
to assist in loading and unloading materials from trucks inside the building.
These two developments will improve his ability to store materials inside
rather than outside. Proper execution of items 1, 2, 3, 4, and 6 above
should assure the City that the development will meet the minimum
requirements of the zoning ordinance with regard to screening of materials
stored outside.
B. AI.TRRNATIVE ACTIONS:
Motion to approve conditional use permit contingent on execution of
items 1, 2, 3, 4, and 6 above as described in the attached site plan..
Under this alternative, Planning Commission is satisfied that the
plan as proposed sufficiently meets the requirements of the zoning
ordinance, which requires that materials stared outside be screened
from view from the public right-of-way. In meeting the requirements,
the plan is consistent with the character and geography of the area
and is consistent with the comprehensive plan.
Planning Commission Agenda - 11/3193
2. Motion to deny approval of the conditional use permit allowing
outside storage.
Under this alternative, Planning Commission could make a finding
that the plan for screening the outside storage area is insufficient and
needs further enhancement or modification in order to accomplish its
goal. Planning Commission should take this position if it is
concerned that the method of operation as proposed will create a
negative impact on the adjoining area.
C. STAFF RECOMMENDATION:
The city ordinance clearly allows outside storage in an I-2 zone; however,
said storage areas need to be screened from view from the public right of
way. It is our view that the plan as proposed will accomplish this goal;
however, we are concerned about the possibility of the use of the trucks to
store items. The height of material stored on the trucks may exceed the
height of the screening fence; therefore, we could have a problem in
obtaining the desired screening effect with an 8 ft fence. A possible
amendment to the conditions would require that the screening fence be of
sufficient height to screen the view of the vehicles and associated materials
stored on the beds of the trucks. The Planning Commission could also
require that the storage area be set back more from the public right-of-way
in order to accommodate landscape plantings along the fence line. Perhaps
10 ft as proposed is not sufficient to allow sufficient room for trees to thrive.
D. SUPPORTING DATA:
Copy of site plan; Copy of excerpt from zoning ordinance.