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Planning Commission Minutes 10-07-1992 . . . 2. 3. MINUTES REGULAR MEETING. MONTICELLO PLANNING COMMISSION Wednesday, October 7, 1992. 7 p.m. Members Present: Richard Martie, Jon Bogart, Richard Carlson, Cindy Lemm Members Absent: None 1. The meeting was called to order by Acting Chairperson, Richard Carlson, at 7:03 p.m. A motion was made by Jon Bogart and seconded by Richard Martie to approve the minutes of the regular meeting held August 4, 1992. Voting in favor: Richard Martie, Jon Bogart. Abstaining: Richard Carlson. Public Hearing-nConsideration of a variance request to allow an addition to be built onto an existing- g-arag"e within the side yard setback requirement. Applicant, Gordon Steinert. Jeff O'Neill, Assistant Administrator, reviewed Mr. Steinert's variance request to allow an addition to be built onto his garage within the side yard setback requirement. O'Neill indicated that a precedence has already been set with existing properties where, prior to adoption ofthe current ordinance, they were placed on the lot in a manner that does not allow for future garage expansion. Acting Chairperson, Richard Carlson, opened the public hearing. There being no further comment from the public or from the applicant, Acting Chairperson, Hichard Carlson, then closed the public hearing and opened the meeting for input from the Planning Commission. Jon Bogart commented that the garage addition would not be located within a utility casement. There being no further discussion from the Planning Commission, a motion was made by Jon Bogart and seconded by Richard Martie to approve the variance request to allow a garage addition to be built within the side yard setback requirement. Motion carried unanimously. Granting of the variance is based on the finding that granting the variance would not impair the intent of the ordinance and will allow construction of a standard two-car garage. Page 1 . . . Planning Commission Minutes. 10/7/92 4. Public Hearing-nConsideration of rezoning West Side Market/Conoco property from R-1 (sing-Ie family residential) to B-1 (neighborhood business), Applicant, Tom Holthaus and Matt HolkerlWest Side Market. Jeff O'Neill, Assistant Administrator, reviewed the applicants' rezoning request of the West Side Market gas station/convenience store property. O'Neill analyzed the rezoning request in terms of the following rezoning criteria: 1) the geography and character of the adjoining area; 2) the depreciation of value of adjoining properties; 3) the relationship to the municipal comprehensive piau; and 4) the demonstrated need for such use. The Acting Chairperson asked if there were any comments from the owners, Tom Holthaus or Matt Holker. Mr. Holker indicated that there were two homes that had sold in the area around the West Side Market, One sold in 49 days, and the other one sold in 57 days, with an average selling time of 64 days. Acting Chairperson, Richard Carlson, then opened the public hearing. Mr. Ed Solberg, 1204 Sandy Lane, had the following comments: 1) requests the rezoning be denied; 2) four zoning activity requests have been made at this site during January 1987, October 1990, October 1991, and October 1992; 3) requests that the City continue with its commitment not to allow expansion of this facility. Candy Johnson, 1233 Sandy Lane, had the following comments: 1) no changes have occurred since last year; 2) this use could expand to 3,000 sq ft; 3) prior to purchasing the property, the developers knew that it was not the proper zoning, and a potential buyer could have reverted it back to R-1 uses; 4) the neighboring property owners to the rear of West Side Market have had their property listed and still have not sold it; 5) B-1 zoning is not consistent with the neighboring H-l uses; 6) traffic congestion has still not been alleviated; 7) no progress on the staff committee of the county, city, and school district working on the highway crossing issue. Jerry Peters, 1120 Sandy Lane, had the following comments: 1) traffic has increased significantly on Sandy Lane, noise related activities; 2) has had his property appraised, and its value has depreciated. Arnold Strehler, adjoining property owner to the east, had the following comments: 1) would like to see it remain as is; 2) he objects to the loud noises from boom boxes which the kids play in the parking lot. Page 2 Planning Commission Minutes - 10/7/92 . John Born, a Sandy Lane rental property owner, had the following comments: 1) feels that this is rather redundant--we are back again for a yearly visit here; 2) there are too many young children in the area for the expansion of this facility. Gale Herman, 1212 Sandy Lane, had the following comments: 1) just wanted to let the public know that he is a new property owner two doors down from the West Side Market. Gordon Yager, 1205 Sandy Lane, had the following comments: 1) has been a resident of this area since early 1976; 2) he asked that the facility stay the same size with no enlargement granted; 3) a number of kids play their car radios loud at night until closing. Steve Johnson, 12;3:3 Sandy Lane, had the following comments: 1) the intent for the use of this property was for the neighborhood convenience store/gas station; 2) the request would only intensify its use. Jeff O'Neill stated that the ordinance does allow a maximum expansion of up to 3,000 sq ft at this facility. . Tom Holthaus, part owner of West Side Market, had the following comments: 1) the use for the property could have been left as a bar and not look like it does now; 2) the City's consulting planner agrees a B-1 zone is appropriate in this location; 3) there currently exist no B-1 zones in this community. Richard Carlson, Acting Chairperson, had the following comments: 1) the intensification of this use when granted in 1987 was to remain as it is with no enlargement. Jeff O'Neill read the purpose of the B~l zone and its intended uses. Candy Johnson, 1233 Sandy Lane, asked for a clarification. In 1987, the issue was not rezoning but whether or not to allow a less intense use of the property. Acting Chairperson, Richard Carlson, then closed the public hearing and opened the meeting for input from the Planning Commission. The discussion amongst Planning Commission members was as follows: The proposed request would constitute spot zoning. There is a problem with the . Page 3 . . . Planning Commission Minutes - 10/7/92 intersection. Why is there a need to rezone when they already get what they need under the grandfather clause? They see no need for expansion. This means increased traffic. There being no further discussion from Planning Commission members, a motion was made by Richard Martie and seconded by Jon Bogart to deny the zoning ordinance amendment as requested. Planning Commission makes the finding that the original zoning map designation including the site as an R-l zone was correct. The geography and character of the area is residential in nature and, therefore, the City should be maintaining the existing zoning designation, which is intended to ultimately result in the site being converted to residential uses. A mistake was not made in the development of the original zoning ordinance. Motion carried unanimously. 5. Public Hearing--Consideration of granting a conditional use permit which would allow operation of a convenience store in a B-1 zone. Applicant, Tom Holthaus and Matt Holker/West Side Market. No action required, us item #4 was denied. 6. Public Hearin~--Consideration of a variance request allowing a sign area in excess of the maximum allowed. Consideration of a variance to the sign setback along a public right~of~way. Applicant, Monticello-Big Lake Community Hospital. Jeff O'Neill, Assistant Administrator, reviewed the Hospital District's proposal to install a pylon sign near the intersection of Hart Boulevard and County Road 75/East Broadway. An 81 sq ft sign with 12-inch letters is proposed. The sign as proposed would need a 30-ft variance, as the ordinance limits signs on a 35 mph thoroughfare to 50 sq ft. Due to the fact that Hart Boulevard merges with East County Road 75, or East Broadway, at a shallow angle, it is difficult to place a sign in the area outside of the existing parking lot without encroaching in the sign setback area; therefore, there is a need to encroach in the Hart Boulevard setback by 8 ft. Cindy Lemm then joined the Planning Commission meeting at 8:03 p.m. Acting Chairperson, Richard Carlson, then opened the public hearing. Barb Schwientek, Hospital and Nursing Home Administrator, stated that the sign is being constructed in response to survey data that shows that citizens are not aware of the hospital location. Page 4 Planning Commission Minutes - 10/7/92 . The difficulty in placing the sign on the building is the overstory trees, as they are growing and would soon cover the entire sign. Even if the sign was placed near the top above the second story windows, the trees would eventually cover it. The biggest problem she indicated is that 6-8 inch letters are not visible enough with the large hospital name. The impending close of the construction season puts them on a rather tight time frame for getting the sign post and electricity installed. Dennis Hamlet, Ambulance Coordinator, commented that as an ambulance driver, time is of the essence, and it's very important to consider the larger sign for that reason. O'Neill noted that the City Planner visited the site and determined that the sign would be readable and effective if designed in accordance with the ordinance. There does not appear to be a hardship involved. Acting Chairperson, Richard Carlson, then closed the public hearing and opened the meeting for input from the Planning Commission members. . Planning Commission members stated they would like to see the sign square footage stay as is and consider a variance to the sign setback requirement. The Planning Commission members felt sympathetic to the applicant but felt that a great deal of work has gone into the sign ordinance, it is a good ordinance, and it should be left as is. There being no further discussion from Planning Commission members, a motion was made by Richard Martie and seconded by Cindy Lemm to deny a 31 sq ft variance request to the sign size maximum of 50 sq ft. The motion carried unanimously. Heason fur denial: The Planning Commission members felt that the applicant should stay within the sign ordinance requirements and that no hardship had been sufficiently demonstrated. A motion was made by Richard Martie and seconded by Jon Bogart to approve an 8-ft variance request to the minimum setback requirement. Motion carried unanimously. . Page 5 . . . Planning Commission Minutes - 10/7/92 7. Continued Public Hearing--Consideration of a request to amend a condition of a previously-approved conditional use permit which would allow operation of a restaurant/arcade establishment. Applicant, Hillside Partnership. Jeff O'Neill, Assistant Administrator, reviewed the parking lot demand analysis which he assembled after talking with neighboring communities that have restaurant/amusement center establishments. O'Neill outlined the following conditions that should be considered if the Planning Commission decides to approve the applicant's request: a. The restaurant shall be limited to 1,700 sq ft. b. The kitchen shall be limited to 700 sq ft. c. The arcade shall be limited to 2,100 sq ft. d. The number of arcade machines shall be limited to 34. e. The parking lot shall be re.striped to include compact spaces to achieve an increase of 6 spaces to the present number (132). f. The developer shall enter into an agreement with the City guaranteeing potential development of at least 18 parking stalls. The timing of the development of the additional stalls shall be solely at the discretion of the City. The design of the additional parking stalls shall be consistent with city code. g. All landscape plantings removed with the installation of additional parking shall be immediately reinstated. h. A bike rack shall be installed nearby the entrance to the restaurant/arcade. 1. The restaurant/arcade shall be located in the building in a manner that would allow direct access to both the front and rear parking areas. Acting Chairperson, Richard Carlson, opened the public hearing. Judy Leming, partner in Hillside Partnership and also a realtor with Edina Realty, commented on the real need for this in this community. Greg Mooney requested that the parking be postponed until a later date when the need is demonstrated. Page 6 . Planning Commission Minutes - 10/7/92 Acting Chairperson, Richard Carlson, then closed the public hearing and opened the meeting for input from the Planning Commission members. Planning Commission discussed the development cost of the parking spaces and that an agreement for this should be forthcoming. There being no further discussion, a motion was made by Cindy Lemm and seconded by Hichard Martie to approve an amendment to the conditional use permit allowing a restaurant/arcade to operate at the 6th Street Annex contingent on the following: a. b. c. d. e. . f. The restaurant be limited to 1,700 sq ft. The kitchen be limited to 700 sq ft. The arcade shall be limited to 2,100 sq ft. The number of arcade machines be limited to 34. The parking lot shall be re-striped to include compact spaces and achieve an increase of 6 spaces to the present number (132). The developer shall enter into an agreement with the City guaranteeing potential development of at least 18 parking stalls. The timing of the development of the additional stalls shall be solely at the discretion of the City. The design of the additional parking stalls shall be consistent with city code. g. All existing landscape plantings removed with the installation of additional parking shall be immediately reinstated. h. A bike rack shall be installed near the entrance to the restaurant/arcade. The restaurant/arcade shall be located in the building in a manner that will allow direct access to both the front and rear parking areas. Motion carried unanimously. . Page 7 . . . Planning Commission Minutes - 10/7/92 8. Consideration of calling- for a public hearing- on a zoning- ordinance amendment to Section 22-1 rJl. which would allow the City Council to consider a conditional use permit request or zoning- ordinance amendment request at a special meeting- of the City Council. Applicant. City of Monticello. Jeff O'Neill, Assistant Administrator, explained the intent of the proposed ordinance amendment, which would allow the City Council to consider conditional use permit requests or zoning ordinance amendment requests at a special meeting of the City Council. Acting Chairpcrson, Richard Carlson, asked if there was any further discussion from Planning Commission members. There being no further discussion, a motion was made by Cindy Lemm and seconded by Richard Carlson to call for a public hearing on a zoning ordinance amendment to Section 22-1 [J], Motion carried unanimously. 9. Planning Commission applicant interviewsnpostponed. Few applications received. Willleavc position open. Jeff O'Neill, Assistant Administrator, commented that only four applications were received and asked the Planning Commission members if they wanted to leave the applications open at this time. Gary Anderson, Zoning Administrator, commented that if there was sufficient time for residents to submit their applications for the appointment and three people took the time to apply, we should consider their application at the next regularly scheduled meeting of the Planning Commission on November 4, 1992. There being no further discussion, a motion was made by Cindy Lemm and seconded by Richard Martie to schedule interviews with the three applicants prior to the start of the next regular meeting. Therefore, the interviews will begin at 6 p.m. on November 4, 1992. Motion carried unanimously. Additional Information Items 1. A variancc rcquest to allow construction of a building within the front yard setback requirements. Applicant, Northern Natural Gas Company. Council action: Approved as per Planning Commission recommendation. 2. A variance request to allow an apartment building to be constructed in the rear yard setback requirement. Applicant, David Hornig. Council action: Approved as per Planning Commission recommendation. Page 8 . . . Planning Commission Minutes - 10/7/92 3. A variance request to allow a building wall to have more than the minimum 50% wall coverage of a metal or fiberglass finish. Applicant, Brad and Mary Barger. Council action: Approved as per Planning Commission recommendation. 4. Consideration of a preliminary plat request for a commercial subdivision plat. Applicant, Barry Fluth/Monticello Mall. Council action: Approved as per Planning Commission recommendation. 5. Consideration of approval of a preliminary plat of the Silver Fox subdivision. Applicant, Ed and Arlys Larson. Council action: Approved as per Planning Commission recommendation. 6. It was the consensus of the Planning Commission members to set Wednesday, November 4, at 7 p.m., as the next regular Planning Commission meeting. 7. A motion was made by Cindy Lemm and seconded by Richard Martie to adjourn the meeting. The meeting adjourned at 9:28 p.m. Respectfully submitted, Page 9