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Planning Commission Minutes 07-07-1992 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, July 7, 1992 - 7 p.m. Members Present: Dan McConnon, Richard Martie, Jon Bogart, Cindy Lemm, and Richard Carlson Members Absent: None Staff Present: Gary Anderson and Jeff O'Neill 1. The Planning Commission meeting was called to order by Chairman, Dan McConnon, at 6:55 p.m. 2. Motion was made by Cindy Lemm and seconded by Richard Martie to approve the minutes of the Special Planning Commission meeting held June 15, 1992. Motion carried. Voting in favor: Cindy Lemm, Richard Carlson, and Richard Martie. Abstaining: Dan McConnon and Jon Bogart. Motion was made by RiChard Martie and seconded by Cindy Lemm to approve the minutes of the Special Planning Commission meeting held June 22, 1992. Motion carried. Voting in favor: Cindy Lemm, Richard Carlson, Jon Bogart, and Richard Martie. Abstaining: Dan McConnon. 3. Public Hearing--Consideration of amendment to Section 2-2 HB of the Monticello Zoning Ordinance governing home occupations. The proposed amendment would modify the requirement that no other than persons residing on the premises shall be employed. Applicant, Dave and Joan Thielman. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and members of the public that were present the request for a proposed zoning ordinance amendment to the home occupation permit process. Planning Commission members have basically three options to consider. They are as follows: 1. To recommend approval of an ordinance amendment which would make it possible to approve the home occupation permit as presented. 2. To deny approval of the proposed 2.0. amendment which would make it impossible to award a home occupation permit to the Theilmans. 3. To table consideration of the 2.0. amendment and consider amending the zoning ordinance to have two different classes of home occupation uses. 1 . Planning Commission Minutes - 7/7/92 Mr. O'Neill explained that Mr. Dave Thielman is the applicant and that he currently resides with his wife at 1506 West River Street and that they have a part-time employee for approximately six months out of the year. There is very little activity during the summer months; it's mostly after school starts, but predominantly April and May, which are the busiest times for them. Chairman, Dan McConnon, then read three letters received from the public. They are as follows: 1. William and Marilyn Seefeldt, 167 Jerry Liefert Drive, Monticello, MN 55362. 2. Colony by the Greens Townhome Association, PO Box 132, Monticello, MN 55362. 3. Daniel and Jean Frie, 214 Jerry Liefert Drive; Richard and Marilyn Frie, 206 Jerry Liefert Drive; Margaret Dziuk and Patricia Ray, 203 Jerry Liefert Drive; all Monticello, MN 55362. Chairman, Dan McConnon, then opened the public hearing portion of the meeting. Several concerns were addressed from members of the public that were present and they are as follows: . 2. . 1. Were the building plans showing an office on them when they were presented for a building permit? No businesses should be allowed in a residential area. It is a small, one-person staffed business right now. In the future, if it expanded, there would be no controls on it. The principal use of the property should be residential, not business. It would affect the property values of the neighboring properties which surround the property with a business type use. No problem with the proposed business use with one employee, but where does it stop if additional employees are added? Where is the enforcement of it from thereon? The lot sold with those concerns as addressed by the townhouse association members in mind. Why is there need for any additional parking area for one car for a daughter? Concern for what will happen in the future with the same ordinance and new planning commission members. Could the permit be granted for two years? If the building plans showed rooms with offices, what could stop him from having more employees? 3. 4. 5. 6 . 7. 8. 2 . . . Planning Commission Minutes - 7/7/92 9. This use would have less density than the numerous curbcuts that are provided for the townhouse association townhomes. 10. The townhouse association generates far more taxes than the taxes for the proposed use of the Thielman's property. 11. What stops any additional employees at all? What's the enforcement there? The ordinance amendment could satisfy both the concerns of the single family residents and the townhouse residents. The Thielman's run a good business and will maintain their property. Chairman, Dan McConnon, then closed the public hearing portion and opened it for any further input from the Planning Commission members. McConnon stated that Planning Commission members have dealt with several home occupations in the past and have granted those home occupation uses with the limitation to one's own family members. There is a change in the residential character of the neighborhood with a business use in one's home. One thing to consider is the transparency of the residential area in which this business use is operating. There being no further input from the Planning Commission, a motion was made by Richard Carlson and seconded by Richard Martie to deny the proposed zoning ordinance amendment because of the concern that allowing employees to work in homes in residential areas could result in a negative impact on the residential character of neighborhoods; therefore the amendment should be denied because it is not consistent with the character and geography of the residential area, is not consistent with the comprehensive plan, the need for the zoning ordinance amendment has not been sufficiently demonstrated, and the proposed ordinance amendment could result in the depreciation of adjoining land values. Motion carried. Voting in favor: Richard Martie, Richard Carlson, and Jon Bogart. Opposed: Cindy Lemm and Dan McConnon. 4. Public hearinq--Preliminary plat request to subdivide an unplatted tract of land into an industrial subdivision plat. Applicant, Brad and Mary Barqer. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and members of the public that the Barger's industrial subdivision plat is not ready and there is a request further down in the agenda to set a special meeting to consider their preliminary plat. The short timetable to complete the subdivision was not able to be accomplished by 3 . . . Planning Commission Minutes - 7/7/92 the Barger's registered land surveyor, Dennis Taylor of Taylor Land Surveyors. A motion was made by Richard Martie and seconded by Richard Carlson to table the preliminary plat request to subdivide an unplatted tract of land into an industrial subdivision plat. The motion carried unanimously. 5. Continuation of public hearinq--Consideration of a request to amend a condition of the previously-approved conditional use permit. Applicant, Hillside Partnership/6th Street Annex. 6. Continuation of public hearinq--Consideration of a variance request to allow less than the minimum number of off-street parkinq spaces. Applicant, Hillside Partnership/6th Street Annex. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and members of the public that Mr. Steve Grittman, Northwest Associated Consultants, recommended that a restaurant be allowed; however, the square footage and associated parking demand should not be allowed to exceed the parking capacity on site. In this case, if 10 more parking spaces were constructed (along the southern boundary of existing parking area), in addition to the 13 surplus spaces on site, there would be sufficient parking for a 1900 sq ft restaurant. Chairman, Dan McConnon, then opened the public hearing for input from the public. With there being no input from the public, Chairman, Dan McConnon, then opened it up for comments from the Planning Commission members. Comments from the Planning Commission were that they did not want to add more burden to the developers of this project but they would look at amending a condition of their conditional use permit to allow a restaurant to be incorporated as a business use in this building complex with some conditions. A motion was made by Richard Carlson and seconded by Cindy Lemm to approve the request to amend a condition of the previously-approved conditional use permit with the following condition: Ten additional parking spaces be provided with sufficient screening around it. This would allow up to a 1900 square foot restaurant space without a variance. Motion carried unanimously. A motion was made by Richard Martie and seconded by Jon Bogart to deny the variance request to allow less than the minimum amount of off-street parking spaces. Motion carried 4 . . . 7. Planning Commission Minutes - 7/7/92 unanimously. Planning Commission members did, however, want to leave the option open; if a larger restaurant were to come into there, they would consider amending the conditional use permit again to accomodate a larger restaurant if additional parking could be created on site without impacting required landscape screening. Continuation of public hearinq--Preliminary plat request entitled Silver Fox (a commercial subdivision to subdivide an existinq 6.69 acre tract of unplatted land). Applicant, Ed and Arlys Larson. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and members of the public that city staff is waiting for the consulting engineer, Bret Weiss, to complete his review of the preliminary plat. Consensus of the Planning Commission was to continue the public hearing to the next regularly scheduled meeting in August. Additional information items. 1. A variance request to allow a detached garage to be built within the rear and side yard setback requirements. Applicant, Dennis Doran. Council action: No action required, as the request did not come before them. 2. Consideration of amending the official zoning map of the City of Monticello by rezoning all of the Thomas Park subdivision and that part of the SW 1/4 of the SE 1/4 lying southerly of 1-94 from B-2 (limited business) to I-I (light industrial). Applicant, City of Monticello Planning Commission. Council action: Approved as per Planning Commission recommendation. 3. Conditional use request to allow open and outdoor storage and open and outdoor sales as an accessory use in an 1-1 (light industrial) zone. Applicant, Monticello Boat Works. Council action: Approved as per Planning Commission recommendation with one exception - all of the tree requirements must be met. 4. A variance request to allow an open and outdoor sales area to be more than the maximum 30 percent of the gross floor area of the principal use. Applicant, Monticello Boat Works. Council action: Approved as per Planning Commission recommendation. 5. An ordinance amendment to Chapter 10-8 of the Monticello Zoning Ordinance by including "governmental and public utility buildings" to be allowed as a conditional use in a PZM (performance zone mixed) zone. Applicant, City of Monticello 5 . . . . Planning Commission Minutes - 7/7/92 Planning Commission. Council action: Planning Commission recommendation. Approved as per 6. Consideration of granting a conditional use permit allowing operation of a public utility facility in a PZM (performance zone mixed) zone. Applicant, City of Monticello Planning Commission. Council action: Approved as per Planning Commission recommendation. 7. An ordinance amendment to Chapter 10-6 of the Monticello Zoning Ordinance, which identifies permitted uses in the PZM (performance zone mixed) zone, amending Section C, by deleting "those uses that exist prior to the adoption of this chapter". Applicant, City of Monticello Planning Commission. Council action: Approved as per Planning Commission recommendation. 8. A preliminary plat request entitled Silver Fox (a commercial subdivision to subdivide an existing 6.69 acre tract of unplatted land). Applicant, Ed and Arlys Larson. Council action: No action required, as the request did not come before them. 9. A conditional use request to Section 20-2-C of the Monticello Zoning Ordinance, which requires that a Planned Unit Development include an area of at least three acres. Applicant, Investors Together. Council action: Approved as per Planning Commission recommendation. 10. A replatting request to subdivide Outlot A of the Eastview residential subdivision. Applicant, Investors Together. Council action: Approved as per Planning Commission recommendation. 11. A conditional use request allowing a townhouse development in an R-2 zone. Applicant, Investors Together. Council action: Approved as per Planning Commission recommendation. 12. Consideration of a variance request to the curbing and hard surfacing requirements. Applicant, City of Monticello. Council action: Approved as per Planning Commission recommendation. 13. Consideration of a request to amend a condition of the previously-approved conditional use permit. Applicant, Hillside Partnership/6th Street Annex. Council action: No action required, as the request did not come before them. 14. Consideration of a variance request to allow less than the minimum off-street parking spaces. Applicant, Hillside 6 . . . Planning Commission Minutes - 7/7/92 Partnership/6th Street Annex. Council action: No action required, as the request did not come before them. 15. Consideration of a zoning ordinance amendment which would allow certain commercial buildings located in the PZM (performance zone mixed) zone to qualify to follow sign requirements pertaining to buildings in commercial zones. Applicant, Hillside Partnership. Council action: Approved as per Planning Commission recommendation. 16. Consideration of a conditional use request to allow a sign system for a building with three or more business uses but which, by generally understood and accepted definitions, is not considered a shopping center or a shopping mall. Applicant, Hillside Partnership. Council action: Approved as per Planning Commission recommendation. 17. Consideration of a variance request to allow a wall sign more than 100 square feet maximum. Consideration of a variance request to allow a pylon sign more than 25 square feet maximum and to allow more than l6 foot pylon sign height. Applicant, Hillside Partnership. Council action: Denied as per Planning Commission recommendation. 18. Consideration of setting a Special Planning Commission meeting date for July 27, 1992, at 6: 00 p.m. Consensus of the Planning Commission was to set this as a special meeting date. 19. Set the next regular Planning Commission meeting date for August 4, 1992, at 7:00 p.m. Consenses of the Planning Commission was to set this as the next regular meeting. 20. Adjournment. A motion was made by Richard Martie and seconded by Richard Carlson to adjourn the meeting. Meeting was adjourned at 8:43 p.m. Respectfully submitted, Ga:fkd~ Zoning Administrator 7