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Planning Commission Minutes 05-12-1981 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, May 12, 1981 - 7:30 P.M. Members Present: Jim Ridgeway, John Bondhus, Bill Burke, Dick Martie, Ed Schaffer, Loren Klein Members Absent: None l-A. Approval of the Minutes of the Regular Meeting of April 14, 1981. A motion was made by Ed Schaffer, seconded by Bill Burke and unanimously carried to approve the minutes of the April 14, 1981 meeting as presented. 1. Public Hearing - Conditional Use - Ralph Munsterteiger. Ralph Munsterteiger was present to present this proposed plan unit development, which lies at the approximate intersection of Linn and West 7th Streets, containing approximately 4.74 acres. This public hearing, being the general concept stage, the first of three hearings, served so that the proposal could be heard publicly and considered at an early stage before the developer incurred sub- stantial expense in the preparation of plans, survey, and other data. Atthe time of this general concept stage, the developer had filed a preliminary development stage plan, which showed basically what he intends to do with the property if the planned unit development is approved as a conditional use. However, at a later date he would come back at the development stage hearing for the PUD with his final proposed plan. Basically, at this meeting, the only action necessary was for the Planning Commission to determine whether or not to recommend approval of this general concept plan for approval for a planned unit develop- ment. Bill Burke made a motion, which was seconded by Dick Martie and unanimously approved to recommend approval of this conditional use for a planned unit development. 2. Public Hearing - Conditional Use and Rezoning - Marvin George. Marvin George was present at this meeting and presented his proposal for rezoning Outlot A of the Country Club Manor from B-3 to R-3, and contingent upon that possible rezoning, he presented his application for a conditional use for a planned unit development for townhouses on this same parcel. This proposal, in it's general concept stage, was similiar to the proposal in item #1: that is; it was being held at a public hearing at its preliminary level so that the developer - 1 - . . . Planning Commission Minutes - 5/12/81 could obtain guidance as to the general suitability of his proposal for the area for which it was proposed before incurring substantial expenses, and the preparation of plans, surveys and other data. Tim Genung was concerned about rezoning. He questioned whether or not rezoning was legal. He also requested that it go on record that he was opposed to this rezoning and conditional use, stating that he felt there was enough low income houses in this community. (Mr. George estimated that the approximate cost of these housing units would run somewhere between $220,000 per four unit development and $300,000 per four unit development, or between $55,000 and $75,000 per unit.) Phyllis Ruff, representing Ruff Auto Parts, was present to state her opposal to any development in that area. She stated that she was afraid that future buyers may want the salvage yard removed as the project becomes more densly populated. A motion was made by John Bondhus, seconded by Schaffer and unanimously approved to recommend rezoning from B-3 to R-3, and a motion by Martie and seconded by Burke and unanimously approved to recommend the con- ditional use to allow a planned unit development on Outlot A of the Country Club Manor. 3. Public Hearinq - Ordinance Amendments - Stricter Fire Standards. At a recent meeting of the Monticello Council, it was suggested by the Council that the city consider amending the zoning ordinance Sec- tion lQ-3-4-A, to change the height limitation in zoning districts R3, RB, Bl, B2, B3, B4, I-l, and I-2 from three stories to two stories. Thus, three story buildings would only be allowed as a conditional use contingent upon strict application of a requirement that fire extin- guishing systems (sprinklers) be required throughout the building: installed as though they were required throughout the entire building by the state building code, as adopted by the City of Monticello. Based upon a recent statute which was adopted by the Minnesota Legis- lature, it is now possible that the building code can be amended to allow for stricter fire safety standards (however, only stricter standards are allowed by the statutes, present standards may not be relaxed). Also, it was proposed to amend the state building code, as provided in the statute, to provide for a stricter fire prevention standard in Section 1214 of the Uniform Building Code (UBC) which would be adopted as stated, "Doors between the garage and the dwelling shall be self-closing". This amendment was prompted because most fires in which lives are lost, happen within individual homes, and statistics show that many of those fires which destroy a life in a home are started in a garage and thus move on into the dwelling; in many cases, because doors are left ajar or open. By adopting an amendment which would - 2 - . . . Planning Commission Minutes - 5/l2/Bl 5. Consideration of a variance - Blocker Outdoor Advertising. At the onset of this public hearing, the information regarding the change in a variance hearing process was presented so that all present could understand how it worked, and those who did not understand it could ask for a clarification. That is, anyone who was unhappy with the result of this variance hearing, could, within six days, appeal in writing this decision, and thus have a right to be heard with their variance request before the City Council at the next regular meeting. A representative from Blocker Outdoor Advertising was present to dis- cuss his application to erect an off-premise sign (billboard of 200 or more square feet on Lot 12, Block 2, Lauring Hillside Terrace.) This property is zoned I-l. Blocker Outdoor Advertising, who presently own two signs of similiar description in Thomas Park, is contemplating building a new sign as described above on Lot l2, Block 2, in Lauring Hillside Terrace, and giving the City of Monticello a letter relinquishing his "grandfather rights" to those signs in Thomas Park. This action was prompted when Mr. Blocker was notified by the people who own the property upon which the two signs in Thomas Park are located, that the property was going to be sold and that those signs would have to be removed. Blocker Outdoor Advertising's concern, at this time, is that they would like to continue outdoor advertising in Monticello, and are willing to continue with outdoor advertising under whatever type of variance is available for them to work cooperatively with the city in similiar circumstances as was granted to themselves and other sign owners within the city at recent Planning Commission and City Council decisions; that billboards would have to removed whenever another principal use was developed on the parcel upon which the billboard was located. At this time, the new owner of the property upon which the signs that Blocker Outdoor Advertising will be removing has not made any formal application for a variance to allow him to erect two signs in place of those which Blocker Outdoor Advertising will be taking down (when Blocker takes down his two signs, whether or not he gives a letter to the city relinquishing his "grandfather rights" new signs can be erected by another individual, in any case, without a variance) . A motion was made by Martie, seconded by Bondhus and unanimously carried to recommend denial of this variance request. - 4 - . . . Planning Commission Minutes - 5/12/81 require the door to be self-closing whenever an individual left the door open, it would automatically close, thus thwarting any fire which may start in the garage from moving into the dwelling. After much discussion about the requirement regarding height limita- tion for the various zoning district, and requiring self-closing doors between a garage and a dwelling, it was moved by Martie and seconded by Schaffer to recommend amending the ordinance to require doors between garages and dwellings to be self-closing, and recommended to table any further action on the height limitation until a further meeting at which time more information could be presented. All voted in favor. 4. Public Hearing - Rezoning - Delores Guille. Richard Guille, representing Delores Guille, was in attendance to present their request to have their property at 806-East River Street rezoned from R-l to R-2, so that they may be able to rent out the dwelling as a duplex if they move from the community. In addition to the rezoning request, a variance from the minimum lot size for a duplex would be required, since this lot has only 9,787~ of area and would be required by ordinance to have 10,000 square feet. This would be 2 percent short of the required square footage for a lot upon which a duplex could be located. The legal description of this porperty is Lot 5, except the easterly 20 feet of Block 16, Lower Monticello. This request was brought before the City Council at the regular meeting on December 11, 1978, at which time the citizens of the neighborhood were informed of the rezoning request and were present at the council meeting to express their opinions. This request, at that time, was unanimously denied by the City Council. Presently, Guille's live in the upper level of this dwelling, and a relative of Mrs. Guille's resides in the lower level of the dwelling. However, it is possible that the Guilles would like to move to another community, and retain ownership of this building. By making it into a duplex, they then could rent both units out. A letter from Bill and Lucille Sandberg was presented at the planning Commission meeting stating their objection to this variance and re- zoning, and a petition from several people in the neighborhood was also presented expressing their opposition to the rezoning and vari- ance. On a motion by Martie, with a second from Bondhus, all voted in favor of recommending denial of this request. - 3 - . . . Planning Commission Minutes - 5/12/81 6. Public Hearing - A Consideration of a variance - City of Monticello. Gary wieber, City Administrator, presented the request to the Planning Commission that the City of Monticello be allowed a two year variance to not be required to install curbing on the west end of the Commuter parking Lot, which is being developed between Oakwood Drive on the north side of Monticello Ford, r-94. This request was being made be- cause at this time the City of Monticello is contemplating adding additional parking spaces onto the west end of that lot, and would like to be exempted for a period of time from placing a curb in, which might ultimately be removed, so that further development of that parking lot could take place. with a motion by Burke, and a second by Bondhus, all voted in favor of granting this temporary variance until July 1, 1983. 7. Consideration of a Simple Subdivision Request - John Sandberg. John Sandberg, representing the owner of Lot 6, Block 1, of Sandberg Riverside, requested a simple subdivision, so that Lot 6 can be trimmed from approximately 18,000 square feet, down to approximately 12,000 square feet, with the remaining square footage of approxi- mately 6,000 square feet to be added to Lot 5, Block 1, Sandberg Riverside. Mr. Sandberg presented a Certificate of Survey showing that this new 12,000 square foot lot could be developed without requiring any set- back variances. This lot would be 12,000 square feet, which is allowed in an R-l zone by the Monticello Ordinances. With a motion by Martie, and a second by Bondhus, all voted in favor of recommending this simple subdivision request contingent upon the person making the request be responsible for all expenses for the legal documents which would vacate the now unnecessary utility and drainage easements on the old property line, and also be responsible for the expense of drafting the new drainage and utility easements along the new property line, and then showing proof of the recording. M~ AdJ)u~ned. Loren D. ~ Zoning Administrator - 5 -