Planning Commission Agenda Packet 06-03-1997i
AGENDA
REGULAR MEETING . MONTICELLO PLANNING COMMISSION
Tuesday, June S, 1887 - 7 p.m.
Members: Dick Frie, Rod Dragsten, Richard Carlson, Dick Martie, Jon Bogart
1. Call to order.
2. Approval of minutes of the regular meeting held May 6, 1997.
3. Consideration of adding items to the agenda.
4. Citizens comments.
6. Continuation of public hearing for consideration of a variance to the
minimum lot width at water boundary and minimum lot area; and
consideration of a simple subdivision request. Applicant is requesting
continuance of the public hearing pending collection of required survey data.
Applicant, Rick Wolfsteller.
6. Updates:
A. National Guard Training Center
7. Adjournment.
MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, May 8, 1897 - 7 p.m.
Members Present: Dick Frie, Jon Bogart, Dick Martie, Richard Carlson,
Rod Dragsten
Council Liaison: Clint Herbst
Staff Present: Jeff ONeill, Fred Patch, Steve Grittman, Wanda Kraemer
1. Call to order.
The meeting was called to order by Chairman Frie and the presence of Mayor
Fair noted.
.1 T M R. M. r. M . i V7.3• a r TTt. = 1 • 1 m r.• . •A
RICHARD CARLSON MADE A MOTION, SECONDED BY JON BOGART,
TO APPROVE THE MINUTES OF THE APRIL 1, 1997 MEETING. Motion
passed unanimously.
3. Cnnaideratinn ofgelehno iterng to the neentin
There were no items added to the agenda.
4, riti7.pnA comments.
There were no citizens comments.
,' 1 I , 1 • t
11 1
Steve Grittman, City Planner, reported Ms. Jill Stark has requested a special
home occupation permit to operate a preschool at her residence located at
2910 Oak Ridge Drive. Because the home occupation involves the teaching of
more than one pupil at a time, it qualifies as a "special home occupation'
According to the Zoning Ordinance, special home occupation applications
must be processed in accordance with tho City's conditional use permit
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Planning Commission Agenda - 5/6/97
provisions. The subject site is zoned R-1, Single Family Residential.
Jeff ONeill, Assistant Administrator, added according to the zoning
ordinance teaching preschool is an allowable use but the manner of operating
needs to be defined and conditions are required. The proposed activity must
be in character with the neighborhood. There can be no signage or other
person employed besides the owner. ONeill then used the overhead to
demonstrate the traffic pattern that would be used when dropping off and
picking up children. The traffic would use Meadow Oak Court cul-de-sac for
drop-ofr/pick-ups for the preschool children. A typical single family residence
averages ten vehicle trip ends per day. In this regard, the proposed use can
be thought of as a generating traffic equivalent to four additional dwellings
on the Meadow Oak Court cul-de-sac considering that only six residence
currently exist along the cul-de-sac, the addition of 40 vehicles trips per day
is considered well within the capabilities of the street.
Mark Vogler, resident, inquired how many households could have preschool?
Fred Patch, Chief Building Official, answered all residents have a right to
operating a day care. A preschool is allowed but a special home occupation
permit and state license requirements are required.
Chairman Frie opened the public hearing.
Jill Stark, applicant, stated she has a degree in elementary education and is
also a licensed day care provider. Stark decided to open the preschool
because of the need in the community for smaller classroom size preschools.
Stark listed the following issues as items that she considered before
applying: Stark scheduled preschool classes around school
starting/dismissal times to assure preschool traffic would not interfere with
children waiting for the school bus; coordinated with the school calendar to
have preschool the same exact days of public school; there will not be
preschool in the summer; install a sidewalk from the back of her house to
Meadow Oak Court cul-de-sac for safety when drop-ofVpick-ups occur. She
would meet each car so the driver would not have to turn off the car and go
into the house with the children and the same would be true for picking up
the children.
Stark also stated she called the city and was informed by the building
inspector that a preschool was an allowable use. She was later called by
O'Neill and informed while this is an allowable use in an R-1 zone a special
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Planning Commission Agenda - 5/6/97
home occupation permit is needed
Greg Roden inquired if the other children would be alone in the house while
Stark met the other children and walked them in the house?
Stark replied it was only 20 to 30 feet from the car to the house and she did
not feel this would create a safety problem.
Dan Lahr inquired where parking would be if anyone volunteered or stayed
for the preschool class?
Stark replied if there was a volunteer for the day the cars would be parked in
Stark's driveway but one car is allowed to be parked on the street.
Mike Dortler inquired if there were limitations to the number of children in a
class in a residential area and the difference between day care and
preschool?
Patch replied there can only be a maximum of 10 children at one time the
same conditions as licensed day care.
Grittman replied from a zoning standpoint there is not a difference between
daycare and preschool.
Joy Naeder, stated she taught preschool in the Monticello area and felt it was
extremely important for children.
Many of the neighbors were very concerned about the traffic levels.
Liz Leechsell, parent of preschool child, stated she looked a very long time to
find a preschool with smaller class size for her child and had chosen Stark.
In her opinion preschools are needed and hard to find in Monticello.
Stacy Woods, neighbor, stated she does day care and was also concerned
about the added traffic in the neighborhood.
Chairman Frio closed the public hearing.
The Commissioners discussed the amount of off street parking and O'Neill
explained that the four spaces, two in the garage and two in the driveway,
would be adequate. There was also considerable discussion on the amount of
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Planning Commission Agenda - 5/6/97
traffic. The residents calculated the traffic counts at 80 per day and the staff'
calculated the count at 40. It was agreed by the Planning Commissioners
that the 10 children maximum is the same as day care and the traffic does
not appear extreme for this neighborhood.
The Commissioners inquired if Stark's request was approved for a year
would the City be locked in for a year.
Grittman answered the city would be locked in unless the conditions set were
not complied with.
RICHARD CARLSON MADE A MOTION TO APPROVE, SECONDED BY
DICK MARTIE, THE SPECIAL OCCUPATION PERMIT FOR ONE YEAR
UNDER THE FOLLOWING CONDITIONS:
1. THE APPLICANT SHOULD RE -APPLY FOR A PERMIT AFTER THE
INITIAL ONE YEAR PERIOD. RENEWAL OF THE PERMIT SHALL
BE PROCESSED WITH THE PROCEDURE REQUIREMENTS OF
THE INITIAL SPECIAL HOME OCCUPATION PERMIT.
2. CONSIDERATION IS GIVEN TO EXPANDING THE TIME
SEPARATION BETWEEN MORNING AND AFTERNOON
PRESCHOOL SESSIONS TO ELIMINATE OR MAXIMIZE PICK-
UP/DROP OFF VEHICLE OVERLAP.
3. THE HOME OCCUPATION SHALL NOT PRODUCE LIGHT,
GLARE, NOISE, ODOR OR VIBRATION THAT WILL IN ANY WAY
HAVE AN OBJECTIONABLE EFFECT UPON ADJACENT OR
NEARBY PROPERTY.
4. NO EQUIPMENT SHALL BE USED IN THE HOME OCCUPATION
WHICH WILL CREATE ELECTRICAL INTERFERENCE TO
SURROUNDING PROPERTIES.
5. NO INTERNAL OR EXTERNAL STRUCTURE ALTERATIONS
SHALL TAKE PLACE WHICH ARE NOT CUSTOMARY TO
RESIDENTIAL DWELLING.
6. NO EXTERIOR STORAGE OF BUSINESS RELATED MATERIALS
TAKE PLACE ON THE SITE.
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Planning Commission Agenda - 5/6197
7. NO PERSON OTHER THAN THE RESIDENT SHALL CONDUCT
THE HOME OCCUPATION.
8. THE SPECIAL HOME OCCUPATION MUST COMPLY WITH ALL
APPLICABLE FIRE AND BUILDING CODES. THIS ISSUE
SHOULD BE SUBJECT TO FURTHER COMMENT BY THE CITY
BUILDING INSPECTOR.
9. THERE SHALL BE NO EXTERIOR DISPLAY OR EXTERIOR SIGNS
OR INTERIOR DISPLAY OR INTERIOR SIGNS WHICH ARE
VISIBLE FROM OUTSIDE THE DWELLING WITH THE
EXCEPTION OF THE RESIDENT IDENTIFICATION SIGN.
10. HOME OCCUPATION ACTIVITIES OCCUR BETWEEN THE
HOUSE OF 7:00 A.M. AND 10 P.M.
11. THE CITY RESERVES THE RIGHT TO INSPECT THE PREMISES
(WITHIN REASONABLE HOURS WITHOUT NOTICE) TO INSURE
COMPLIANCE WITH THE CONDITIONS OF SPECIAL HOME
OCCUPATIONS LICENSE ISSUANCE.
12. ALL APPLICABLE LICENSING REQUIREMENTS OF THE
MINNESOTA DEPARTMENT OF HEALTH ARE TO BE
SATISFACTORILY MET.
13. THERE MUST BE A PARKING SPACE AVAILABLE IN DRIVEWAY
AT ALL TIMES FOR VOLUNTEER OR PRESCHOOL VISITORS.
Motion passed unanimously.
Puhlic Hr rin8» .o aid ration of a con i io nl uAp. permit nllo_win^a
townhouRp planed tinit d v lnpment in an R-2 zone_ Ap 1p ill, Brendael
Prnpertieaa Inc.
Steve Grittman, City Planner, reported Brendsel Properties Inc. is requesting
approval of a preliminary plat for a three unit townhome development on a
1.18 acre parcel currently designated as Lot 5, Block 4 of Par West addition
located at 202 Jerry Liefert Drive. The subject parcel is zoned R-2, Single and
Two Family Residential District. Townhome dwellings are allowed by
Conditional Use Permit Planned Unit Development within the R-2 District
due to the unit/base lot configuration of the plat. As such, approval of the
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Planning Commission Agenda - 5/6/97
preliminary plat will also require CUP and PUD approval. Grittman
recommended requiring the buffering area to be increased between the single
family home and the townhome development.
Mr. Brendsel, applicant, stated he was trying to keep the view of the golf
course for the single family home but it would not be an issue to increase the
buffer area.
Chairman Frie opened the public hearing.
Mr. Brendsel stated he had been working with the realtor and decided the
best use was for a three unit townhome, slab on grade, two car garage, front
porch entry to the golf course. Brendsel added that there will be a private
agreement in writing with the golf course to have a cart path access. Both
property owners will give up easement rights.
Marilyn Frie, property owner on west side, stated she objected to the
staggering of the townhomes. In her opinion, it detracted from the aesthetic
of the neighborhood. The townhomes to the east were all set back the same
distance and Brendsels should be consistent with what has been built in the
neighborhood.
Brendsel answered her that the reason is so each unit has a view of the golf
course and the setbacks he was proposing are allowable.
Grittman agreed that there is a minimum setback required but not a
maximum so the townhomes were within the zoning code.
Chairman Frie closed the public hearing.
Chairman Frio stated he would step down from the Chair position because
his property was involved if Brendsel preferred.
Brendsel said that would not be necessary.
The Commissioner discussed the staggered setbacks in more detail but
agreed Mr. Brendsel was within the zoning code.
Frie stated there were many stumps, concrete, and debris buried on that lot
at the time the other townhomes were constructed. Would all the debris need
to be removed?
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Planning Commission Agenda - 5/6/97
Brendsel replied that everything that was buried in the past will have to he
removed and clean fill will be added.
Jeff O'Neill, Assistant Administrator, stated there would be a covenants that
would be required to be filed with the final plat. This would address
maintenance and snow removal.
DICK MARTIE MADE A MOTION TO APPROVE, SECONDED BY ROD
DRAGSTEN, THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A
PLANNED UNIT DEVELOPMENT SUBJECT TO THE FOLLOWING
CONDITIONS:
1. SUBMISSION OF A DETAILED LANDSCAPE PLAN THAT
INCLUDES SUBSTANTIAL ADDITIONAL PLANTINGS ALONG
THE WEST PROPERTY LINE, PRIOR TO FINAL PUD PLAN
APPROVAL AND AGREEMENT WITH THE WEST PROPERTY
OWNER.
2. APPROVAL OF STREET ACCESSES BY THE CITY ENGINEER
PRIOR TO FINAL PUD PLAN APPROVAL.
3. SUBMISSION OF PROPOSED BUILDING ELEVATIONS FOR
REVIEW, PRIOR TO FINAL PUD PLAN APPROVAL.
4. APPROVAL OF GRADING, DRAINAGE, AND UTILITY ISSUES BY
THE CITY ENGINEER AND PUBLIC WORKS.
5. LANDSCAPING IN DRIVEWAY AREA BE SUBMITTED - NOT
FILLED IN WITH GRAVEL.
Motion passed unanimously.
Chairman Frie requested a copy of the easement agreement showing access
to the golf cart be on file at city hall.
DICK MARTIE MADE A MOTION TO APPROVE, SECONDED BY ROD
DRAGSTEN, THE REQUEST FOR A PRELIMINARY PLAT FOR PAR
WEST TOWNHOMES AS PRESENTED, SUBJECT TO THE APPROVAL
OF THE PUD, AND COMMENTS FOR THE CITY ENGINEER AND
PUBLIC WORKS. Motion passed unanimously
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Planning Commission Agenda - 5/6/97
Steve Grittman, City Planner, reported Mr. John Leerssen is requesting
approval of a rezoning to R•1 of his ten acre parcel at the southwest corner of
the Cardinal Hills development, and a preliminary plat approval for a 20 lot
subdivision. The parcel is along the east side of Fallon Avenue, across from
the park area to be dedicated as a part of the Klein Farms 3rd Addition. The
Cardinal Hills residential area borders the proposed plat on the east and
north. Agricultural land in Monticello Township borders the plat to the
south. The proposed design of Fallon Court raises several issues. At such
times that the street is extended to the south, the proposed design will leave
the dwellings on Lots 13 and 14 set back further and perhaps built at odd
angles in comparison with other structures on that side of the street when
the cul-de-sac is eliminated. Assuming the street will be extended south, the
cul-de-sac should be modified to be located entirely within the right-of-way,
or perhaps a hammer head design that would allow turnarounds.
Jeff O'Neill, Assistant Administrator, added the feasibility study for this
project extends sanitary sewer from the second phase of the lGein Farms 3rd
Addition. It is not certain at this time, because of the raise in the sanitary
sewer hookup fees, if Tony Emmerich, developer for Klein Farms 3rd
Addition, will continue Klein Farms at the rate that was anticipated. This
could affect Leemsen's project.
Leerssen stated he understood his project to be connecting to the Value Plus
project so this should not have an affect on him.
Chairman Frie opened the public hearing.
Gary D'Heely, applicant's engineer, read comment on a letter sent to
Leerssen from Bret Weiss, City Engineer.
O'Neill stated that the Planning Commission does not advise on the
engineering issues, primarily just the planning and zoning requests.
The Commissioners did discuss the question if the cul-de-sac should be
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Planning Commission Agenda - 5/6/97
located entirely within the right-of-way or perhaps a hammer head design
that would allow turn around. The design will partly depend on if the Fallon
Court will ever be a through street.
ROD DRAGSTEN MADE A MOTION TO APPROVE, SECONDED BY JON
BOGART, THE REZONING FROM AA, AGRICULTURAL TO R-1, SINGLE
FAMILY RESIDENTIAL, BASED ON THE FINDING THAT R-1 ZONING IS
CONSISTENT WITH THE COMPREHENSIVE PLAN. Motion passed
unanimously.
ROD DRAGSTEN MADE A MOTION TO APPROVE, SECONDED BY DICK
MARTIE, TO APPROVE THE PRELIMINARY PLAT FOR CARDINAL
POND, SUBJECT TO THE FOLLOWING:
1. FALLON COURT IS REDESIGNED WITH A WIDTH OF 30 FEET,
CURB TO CURB.
2. THE PROPOSED CUL-DE-SAC STREET IS REDESIGNED IN ONE
OF THE FOLLOWING MANNERS:
A. FALLON COURT IS TO BE EXTEND IN THE FUTURE, THE
CUL-DE-SAC SHALL BE REDESIGNED AND LOCATED
ENTIRELY WITHIN THE PUBLIC RIGHT-OF-WAY
ADJACENT TO THE PLATS SOUTHERN BOUNDARY OR A
TEMPORARY CUL-DE-SAC (HAMMER HEAD) WITHIN THE
RIGHT OF WAY AWAY AND AT LEAST 10 FEET FROM THE
SOUTHERN PROPERTY LINE.
3. THE MAINTENANCE OF THE PROPOSED PONDING AREAS AND
WETLAND BE ADDRESSED IN ONE OF THE FOLLOWING
MANNERS:
A. THE PLAT BE REVISED TO LOCATE THE PONDING AREAS
AND WETLANDS WITHIN THE AREA OF ADJACENT LOTS;
OR
B. THE PONDING AREA AND WETLANDS BE PLATTED AS AN
OUTLOT. THE APPLICANT WILL BE REQUIRED TO
PROVIDE FOR A HOMEOWNERS ASSOCIATION SUBJECT
TO THE PROVISIONS OF THE ZONING ORDINANCE TO
ENSURE MAINTENANCE OF THE OUTLOT.
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Planning Commission Agenda - 5/6/97
4. THE PROPOSED PEDESTRIAN TRAIL BE RELOCATE THE
EXISTING POWER LINE EASEMENT.
5. THE PLAT BE REVISED TO PROVIDE THE PEDESTRIAN TRAIL
ALONG THE EAST SITE OF THE FALLON AVE RIGHT-OF-WAY.
6. VERIFY APPROPRIATE WETLAND MITIGATION.
7. THE CITY ENGINEER AND PUBLIC WORKS REVIEW AND
APPROVE ALL GRADING, DRAINAGE, AND UTILITY PLANS.
8. THE APPLICANT MAKE APPROPRIATE CASH CONTRIBUTIONS
FOR PARK DEDICATION AT FINAL PLAT APPROVAL.
9. THE LOCAL GOVERNING UNIT WILL VERIFY THE WETLAND
DELINEATION AND THE MITIGATION PLAN PROPOSED BY THE
APPLICANT.
10. THE SUBDIVISION APPROVAL IS SUBJECT TO THE APPROVAL
OF THE CITY ENGINEER AND PUBLIC WORKS DIRECTOR.
Motion passed unanimously.
9. Pithlir H ring..Gonaideration of n conditional uFe renuost alloyAm
ennatruction of a hjp school in an R-1 zone. Applicant Monticello School_
Jeff O Neill, Assistant Administrator, reported the Monticello School District
was requesting approval of a conditional use permit which would allow
construction of a senior high school in an R-1 zone. The 40 -acre site is
located between the Middle School and Little Mountain Elementary School.
O'Neill added the site generally meets all the requirements except the
landscape plan for the balance of the site has not been submitted. Staff has
some concern that the school district believes that the extra trees in the high
school buffer yard should be subtracted from the balance of the landscaping
requirements fro the remainder of the site.
O'Neill suggested the Planning Commission look at the amount of blacktop
and the potential for enforcing the parking island delineator requirements by
requiring additional island delineators at midpoint between the middle
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Planning Commission Agenda - 5/6/97
island and the delineators.
Chairman Frie opened the public hearing.
Paul Youngquist, architect for the high school, explained it is easier to plow
snow without as many parking lot delineators. He added the parking lot will
also have light poles that are not shown on the site plan yet The plan calls
for a pedestrian walkway also that will break up the parking lot area and
provide a safe place to walk. He mentioned that he had no problem with
amending the site plan as outlined by City Staff.
JON BOGART MADE A MOTION TO APPROVE, SECONDED BY
RICHARD CARLSON THE CONDITIONAL USE PERMIT ALLOWING
CONSTRUCTION OF A HGH SCHOOL FACILITY BASED ON THE
FINDING THAT DEVELOPMENT OF THE SCHOOL FACILITY AT THIS
LOCATION IS CONSISTENT WITH THE COMPREHENSIVE PLAN OF
THE CITY CONTINGENT ON THE FOLLOWING CONDITIONS:
1. SUBMITTAL OF A COMPLETE LANDSCAPING AND LIGHTING
PLAN MEETING THE MINIMUM LANDSCAPING
REQUIREMENTS IN ADDITION TO MEETING THE MINIMUM
REQUIREMENTS OF THE BUFFER YARD ORDINANCE.
2. COMPLETE REVISIONS TO THE SITE PLAN BY DEVELOPING
PARKING ISLAND DELINEATORS AS REQUIRED BY
ORDINANCE. ISLAND DELINEATORS WILL IMPROVE PARKING
STALL DELINEATION AND ADEQUATELY BREAK UP THE
MONOTONY OF THE PARKING LOTS. THIS APPLIES TO BOTH
FRONT AND REAR PARKING AREAS.
3. ALLOW REMOVAL OF CURB ON BOUNDARY OF FUTURE
PARKING EXPANSION AREAS.
4. SUBJECT TO THE APPROVAL OF THE CITY ENGINEER.
10. Puhlic Hearing- .o aid ration of a ennditional wto permit allowinn w
townhouse d v lonment in a R.3 rone. Ap;i an _. ChriFt B +law.
Steve Grittman, City Planner, reported that Mr. Chris Bulow has requested
preliminary plat approval of six unit (3) twinhome entitled Hillside
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Planning Commission Agenda - 5/6/97
Townhomes. The proposed development is to overlay a 1.07 acre tract of land
located north of 7th Street and west of Wright Street. The subdivision will
constitute a replat of Lots 1, 2, and 3, of Holkers Hillside Addition and
require the vacation of drainage and utility easements which correspond to
the existing lot layout. The subject site is zoned R-3, Medium Density
Residential, because a unit lot/base lot subdivision has been proposed, the
processing of Planned Unit Development Conditional Use Permit is
necessary. Grittman added Wright Street should be used as the front of all
three buildings for setback distances. The buildings will need to be shifted to
meet the requirements.
Chris Bulow, applicant, and Dennis Taylor, surveyor, stated they would
adjust the plan to meet the requirements.
DICK MARTIE MADE A MOTION TO APPROVE, SECONDED BY JON
BOGART, A REQUEST FOR A PLANNED UNIT DEVELOPMENT
CONDITIONAL USE PERMIT SUBJECT TO THE FOLLOWING
CONDITIONS:
1. IF THE SOUTHERN MOST TWINHOME IS SHIFTED SO AS TO
COMPLY WITH THE APPLICABLE 30 FOOT REAR YARD
SETBACK CANNOT BE REASONABLY ACHIEVED,
CONSIDERATION SHOULD BE GIVEN TO PROVIDING TWO
THREE-PLEXS RATHER THAN THREE TWINHOMES ON THE
PROPERTY.
2. BUILDING ELEVATIONS ARE SUBMITTED TO DEMONSTRATE
COMPLIANCE WITH APPLICABLE HEIGHT REQUIREMENTS
AND ENSURE THAT PROPER STRUCTURE SEPARATION EXISTS.
3. A LANDSCAPE PLAN IS SUBMITTED WHICH IDENTIFIES THE
LOCATION, SIZE AND VARIETY OF SITE PLANTING.
4. THE CITY APPROVE THE VACATION OF EXISTING SIDE LOT
LINE DRAINAGE AND UTILITY EASEMENTS.
5. THE CITY REVIEW THE PROPOSED DEVELOPMENT IN REGARD
TO APPROPRIATE PARK DEDICATION REQUIREMENTS.
6. APPROVAL OF GRADING AND DRAINAGE ISSUES BY THE CITY
ENGINEER AND PUBLIC WORKS.
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Planning Commission Agenda - 5/6/97
THE APPLICANT IS TO WORK WITH STAFF ON SETBACKS.
Motion passed unanimously.
JON BOGART MADE A MOTION TO APPROVE, SECONDED BY ROD
DRAGSTEN, THE REQUEST FOR A PRELIMINARY PLAT FOR HILLSIDE
TOWNHOMES WITH THE FOLLOWING CONDITIONS:
APPROVAL OF THE PRELIMINARY PLAT FOR HILLSIDE
TOWNHOMES AS PRESENTED SUBJECT TO APPROVAL OF THE
PUD, COMMENTS OF THE CITY ENGINEER AND PUBLIC
WORKS DEPARTMENT, AND CONSENT OF STAFF ON SETBACK
REQUIREMENTS.
Motion passed unanimously.
Jeff O'Neill, Assistant Administrator, reported Rick Wolfsteller, applicant,
had requested two variances that would allow a lot line to be moved, thus
resulting in the potential for construction of a single family home at a
location between his existing house and Otter Creek. Wolfsteller a existing
lots have sufficient land area to meet many of the requirements for
resubdivison. but because of the awkward shape, variances are need to
successfully recombine the lots in a fashion that would allow a new home to
be developed. The Otter Creek shoreland area is governed by the Wild and
Scenic Rivers Act and associated rules within the City's Zoning ordinance.
These rules, when applied to Wolfsteller situation require the following
variances in order for a simple subdivision to occur.
O'Neill explained according to his interpretation of the ordinance any lot
created on the shoreland must have a minimum boundary width of 80 ft.
The proposed subdivision will require creation of a lot with a boundary width
of approximately 58 It. However, it could be argued that the subdivision will
not in reality result in an increase in the level of non -conformity because the
now lot line will not change the current level of non -conformity.
Furthermore, it could be argued that this rule was not intended to apply in a
situation where boundary is along a side lot line where sufficient frontage
Pago 13
Planning Commission Agenda - 5/6/97
exists along the front and back lot lines
O'Neill went on to add according to the rules, lots created that border the
shoreland must maintain a minimum lot area of 15,000 sq. ft. The
subdivision design as proposed will result in a 12,058 sq. ft. lot along the
river. The other lot will be 16,571 sq. ft. The combined land area of the two
lots together (28,629 sq. ft.) meets the combined minimum lot area
requirement for two buildable lots. Wolfsteller could avoid the variance by
simply moving the lot line inland, however doing so will make the
subdivision boundary line even more awkward, resulting in misshapen lots.
Chairman Frie opened the public hearing.
The neighbors of Wolfsteller were concerned about the fact that a survey was
not detailed enough and a hardship was not being shown that could warrant
a variance.
O'Neill explained that Wolfsteller could split the lots to meet the square
footage code but the lots would be very misshapen.
Chairman Frie closed the public hearing.
The Commissioners discussed the requests of the neighboring property
owners and agreed that a detailed survey would help many of the
unanswered questions.
DICK FRIE MADE A MOTION TO TABLE, SECONDED BY DICK MARTIE,
THE REQUEST UNTIL THE APPLICANT SUBMITTED A CERTIFIED
SURVEY SHOWING THE HIGH WATER MARK, FLOOD PLAIN, AND
PLAT PLAN. The motion passed unanimously.
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Planning Commission Agenda - 5/6/97
Steve Grittman, City Planner, reported that Resurrection Lutheran Church
has applied for a rezoning of their parcel at County Highway 118 and
Fenning Avenue (east of the middle school) from A-0, Agriculture to PS,
Public and Semi -Public District. The P -S District is intended for land uses
which are institutional in nature, and which have patterns of use which are
different from the other large land uses. Church facilities are Conditional
Uses in the P -S District, and as such, the Church has requested approval of a
CUP as well. All action taken by the City on this application is conditioned
upon final annexation of the parcel into the City limits.
Chairman Frie opened the public hearing.
There were no comments.
Chairman Frie closed the public hearing.
After a short discussion, DICK MARTIE MADE A MOTION TO APPROVE,
SECONDED BY JON BOGART, THE REZONING OF THE SUBJECT
PROPERTY TO P -S, PUBLIC & SEMI-PUBLIC DISTRICT BASED ON THE
FINDING THAT ESTABLISHMENT OF A PS DISTRICT AT THIS
LOCATION IS CONSISTENT WITH THE COMPREHENSIVE PLAN.
Motion passed unanimously.
RICHARD CARLSON MADE A MOTION TO APPROVE, SECONDED BY
ROD DRAGSTEN, A CONDITIONAL USE PERMIT FOR A RELIGIOUS
INSTITUTION IN A PS DISTRICT. Motion passed unanimously.
Fred Patch, Building Official, reported this item had been before the
Planning Commission on December 3, 1996, January 7, 1997, and again on
April 1, 1997. Staff has revised the ordinance since the last draft that was
presented. At the April 1, 1997, meeting now information was provided by
Cellular Realty Advisors, Inc., and by Larkin, Hoffman, Daly & Lindgren,
Ltd. The attached ordinance has addressed the concerns communicated to
the City from the industry representatives.
Patch added that antennas and antenna support structures are allowed as
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15.
Planning Commission Agenda - 5/6/97
permitted uses where by design and placement they will most likely not be
unsightly or incompatible with adjoining land uses. Other antennas and
antenna support structures, including those used for personal wireless
communications services and radio and television broadcast transmission,
are allowed by conditional use permit.
Chairman Frie opened the public hearing.
Michelle Johnson, Cellular Realty Advisors, Inc., stated her company which
was working with Larkin, Hoffman, Daly & Lindgren, LTD approved the
ordinance.
ROD DRAGSTEN MADE A MOTION TO RECOMMEND APPROVAL,
SECONDED BY DICK MARTIE, TO THE CITY COUNCIL THAT THE
ORDINANCE ESTABLISHING ANTENNA AND ANTENNA STRUCTURE
REGULATIONS BE ADOPTED AS PROPOSED THE MOTION IS BASED
ON THE FINDING THAT THE PROPOSED ORDINANCE REGULATES
CELL PHONE TOWERS AND IN A MANNER REDUCES NEGATIVE
IMPACT ON RESIDENTIAL AND COMMERCIAL NEIGHBORHOODS
AND IS THUS CONSISTENT WITH HE COMPREHENSIVE PLAN. Motion
carried unanimously.
JON BOGART MADE A MOTION TO ADJOURN, SECONDED BY DICK
MARTIE. Motion passed unanimously.
Wanda Kraemer/Development Services Technician
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