Planning Commission Minutes 10-05-1993
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MINUTES
REGULAR MEETING. MONTICELLO PLANNING COMMISSION
Tuesday, October 5, 1993. 7 p.m.
Members Present: Cindy Lemm, Richard Martie, Jon Bogart, Richard Carlson,
Brian Stumpf
Members Absent: None
Staff Present:
Gary Anderson, Jeff O'Neill
1.
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.
Public Hearing-~Consideration of a variance request to Section 3-5 [Dl 9 (1),
which would allow more than 0) curb cut per 125 ft of street frontage.
Applicant, Custom Canopy.
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 commercial/industrial areas in the city of Monticello.
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4.
Public Hearing-~Consideration of preliminary plat approval of the Monticello
Commerce Center 1st Addition. Applicant, Monticello Industrial Park. Inc.
Jeff O'Neill, Assistant Administrator, explained Mr. Pfeffer's 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'N eill 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-I (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-I (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.
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5.
Public Hearing--Consideration of preliminary plat approval of Point Minnie.
Applicant, Stuart Hoglund.
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 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.
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.
6.
Public Hearing--Consideration of an amendment to Chapter 16 of the
Monticello Zoning Ordinance which would permit the use of a temporary
structure not to exceed 700 SQ ft that is accessory to a principal use on an
interim basis for a period not to exceed a specified maximum period of time.
The interim use is not considered to constitute an expansion of a pre-
existing, legal non-conforming use where applicable. Applicant, Community
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 from 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) zone 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 pre-existing, legal non-
conforming use where applicable."
Chairperson Cindy Lemm then opened the public hearing.
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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 1-2 zones. Staff
responded that we have to treat this use as proposed in the ordinance
amendment in all 1.2 (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 1-2 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. V oting in favor: Cindy Lemm, Richard Carlson, Richard Martie,
Brian Stumpf. Abstaining: Jon Bogart.
Planning Commission member, Richard Carlson, left the meeting at this time.
7. Public Hearine:-.Consideration of a variance request to allow a building
addition onto a non-conforming- structure in a rear yard setback
requirement. Applicant, 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'N eill 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.
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Mr. J estus 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 seconded 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.
8.
Public Hearing---Consideration of amendment to Chapter 3-5 rDl 9 (D of the
Monticello Zoning' Ordinance, which would allow curb cut widths in
commercial and industrial districts to exceed the 24-ft width at the
discretion of the City Eng-ineer and Zoning Administrator. Applicant,
Monticello Planning- 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 future 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
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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-1 (single family residential) side yard setback requirement
from ten (10) ft 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,
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Gary Anderson
Zoning Administrator
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