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Planning Commission Minutes 04-10-1984 . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION April 10, 1984 - 7:30 P.M. Members Present: Jim Ridgeway, Don Cochran, Ed Schaffer. Members Absent: Joyce Dowling, Richard Carlson. Also Present: Tom Eidem, City Administrator. The regularly scheduled meeting of the Monticello Planning Commission was duly held at 7:30 P.M. on April 10, 1984, in the City Council Chambers. Members present were: Ridgeway, Cochran, Schaffer. Members absent were: Dowling, Carlson. Also present was Tom Eidem, City Administrator. The meeting was called to order by Ridgeway. On a motion by Cochran with a second by Schaffer, the minutes of March 13, 1984, and March 26, 1984, were approved as read. 3. public Hearing - Conditional Use Request to Allow a Self-Service Car wash and a Self-Service Gas Station/Convenience Store in a B-3 Zone, Applicant - Samuel Construction. . Ridgeway convened the public hearing requesting any public comment. Mr. Sam Peraro, representing Samuel Construction, addressed the Planning Commission providing a brief explanation of his proposed project. He noted that all conditions as stipulated in the Ordinance were to be complied with. Mr. Peraro acknowledged that in an earlier discussion with Gary Anderson, Zoning Administrator, he was made aware of the fact that he would have to increase the number of parking spaces or apply for a Variance. Peraro indicated that Mr. Anderson advised him that he would require eight parking spaces instead of four. peraro also indicated that immediately prior to this meeting he had met with Ridgeway and Eidem to discuss the parking problem and was informed that the project would require 13 spaces rather than eight parking spaces. Peraro noted that he had ample land to supply those parking spaces and that he did not wish a Variance to have lesser parking spaces. He agreed to provide a new architectural rendering of the site showing all 13 spaces. peraro indicated that he would have the rendering available to present to Anderson at the time of filing for the building permit. There being no additional public comment, Ridgeway closed the public hearing. A motion was made by Cochran, duly seconded by SChaffer, and carried unanimously to recommend to the City Council that a Conditional Use for a self-service car wash and self-service convenience store/fuel station be granted. . - 1 - Planning Commission Minutes - 4/10/84 . 4. Public Hearing - Variance Request to Allow a Sideyard Variance Within Five Feet of a Side Lot Line and a Variance Request to Allow Another Driveway Access Within 40 Feet of an Existing Driveway, Applicant _ Best in Webb. . Ridgeway convened the public hearing asking for any public comment on the proposal. Mr. Wayne Bidwell, representing Best in Webb, came before the Commission to provide detailed explanation of the site plan. He explained that in order to accommodate the size of expansion his firm required, the building would need to be built within five feet of the side lot line. In referring to the Variance Request for the second driveway, he explained tllat two loading berths were required for the new building and that it would be virtually impossible to serve the building if the driveways had to be 40 feet apart. Commission member Cochran questioned Eidem with respect to a letter that was submitted by John Simola, Monticello Public Works Director. Cochran's question referred to the following statement: "We are opposed to these types of Variances." Eidem explained that Simola's comment was primarily addressing two Variances that were not officially applied for, viz, that off-street parking shall not be allowed within 15 feet of street surfacing and that the boulevard portion of any street right-of-way shall not be used for parking. He explained that the configuration of the loading berths when occupied by trucks would violate both of these provisions. He stated that Simola's comment was primarily from the Public Works Department but that it had general staff support. Eidem noted that while these variances were not in the form of formal requests, approving the building and site configuration would implicitly approve these Variances. This was Simola's concern. Mr. Bidwell indicated that it would be easy for him to move his proposed building westerly 10 feet, but that he had designed it so that the east wall of the proposed building would be in line with the east wall of the existing building for aesthetic purposes. He indicated he saw no real difficulty moving the building westerly to accommodate the loading berth requirements. Bidwell noted that to move the building westerly would not really alter the submitted Variance requests. He indicated he would still need a Variance to place the building within five feet of the side lot line and a Variance to have two driveways wi thin 40 feet of each other. Prior to the making of any motion, the Commission asked Bidwell to confirm that the site configuration would be amended to show the proposed building being placed westerly 10 feet from its proposed location to address the loading berth question. Bidwell agreed to that provision. There being no other public comment, Ridgeway closed the hearing. A motion was made by Cochran, duly seconded by SChaffer, and carried unanimously to grant a Variance to Best in Webb for two driveway accesses within 40 feet of each other and to grant a Variance allowing a building to be within five feet of the side yard line. . - 2 - Planning Commission Minutes - 4/10/84 . 5. Public Hearing - Variance Request to Allow Another Driveway Access Within 40 Feet of an Existing Driveway Access, Applicant - Dairy Queen of Monticello. Ridgeway convened the public hearing. There were no representatives of the applicant present at the meeting. There being no public response to the public hearing, Ridgeway closed the hearing. Planning Commission members briefly discussed the request, with Ridgeway noting that the adjacent property owner was also the applicant and hence, the proposal could accommodate development on both parcels. Motion was made by Schaffer, duly seconded by Cochran, and carried unanimously to approve the request for a Variance allowing a driveway access within 40 feet of an existing driveway access. 6. public Hearing - Variance Request to Allow a New Detached Garage to be Built up to the Front Property Line, Applicant - Norbert Kelly, Jr. . Ridgeway convened the public hearing. The applicant was not in attendance to address the issue. There being no other members of the public wishing to address this issue, Ridgeway closed the hearing. Commission members conducted a brief discussion familiarizing themselves with the parcel in question and noting the restrictions on the land because of its proximity to the Mississippi River. Ridgeway noted that the garage is intended to replace an existing shed. Further, he noted that a curb cut that will become non- functional will be filled in at the applicant's expense. Motion was made by Cochran, duly seconded by Schaffer, and carried unanimously to approve the request for a Variance from Norbert Kelly, Jr., allowing the construction of a detached garage up to the front property line. 7. Public Hearing - Conditional Use Request to Allow Apartments in a Business Building in a B-4 Zone, Applicant - Tom Hammer. Ridgeway convened the public hearing. Ridgeway raised a question relating to whether or not this is an appropriate request. He indicated that he could not find in the Zoning Ordinance where residential units were allowed as Conditional Uses within the B-4 Zone. Eidem noted that the discrepancy had been discovered by staff during a conversation with Mr. Hammer's attorney. Eidem also stated that he had been in touch with both Mr. Hammer and his attorney and that they had requested a continuance of the public hearing to the next regularly scheduled Planning Commission meeting since they could not be in attendance on this particular evening due to an emergency. Eidem went on to say that he had notified Mr. Hammer's attorney that the Conditional Use Request seemed to be out of order and that upon Mr. Anderson's return from Tennessee City staff would discuss the . - 3 - . . . Planning Commission Minutes - 4/10/84 issue and respond to Mr. Hammer and his attorney. Motion was made by Cochran, duly seconded by SChaffer, and carried unanimously to continue the public hearing to May 8, 1984, the next regularly scheduled Planning Commission meeting. The Commission directed Eidem to try to resolve any misunderstandings and confusion over the issues prior to that hearing. 8. Public Hearing - Conditional Use Request to Allow an outdoor Sales Lot and a Minor Auto Repair Business in a B-3 Zone, Applicant - Eugene Kunke 1. Ridgeway convened the public hearing. The applicant for the Conditional Use was not represented. There being no other members of the public present to speak to the issue, Ridgeway closed the hearing. Mr. Cochran, upon noting the location of the proposed Conditional Use, inquired as to the status of the Conditional Use Permit that was granted at an earlier meeting to Murfin Landscaping for the same site. Ridgeway indicated that Murfin Landscaping had gone out of business, and hence, the Conditional Use was forfeit. Eidem noted that there had been other Conditional Use Requests for this site, and a major concern consistently arose over the landscaping and hard surfacing requirements. Ridgeway noted that there were 18 requirements explicitly stipulated in the Ordinance for auto sales and minor auto repair, and that the applicant had agreed to abide by all conditions. Motion was made by Cochran, duly seconded by Schaffer, and carried unanimously to recommend to the City Council that a Conditional Use Permit be granted to Eugene Kunkel to allow an outdoor sales lot and a minor auto repair business in a B-3 Zone. 9. Eidem requested the Planning Commission to address a non-agenda item. Eidem provided Commission members with copies of a proposed resolution granting approval to Tax Increment Finance District #4. He noted that the Monticello Housing and Redevelopment Authority had given their approval to the Tax Increment Finance plan on April 4, 1984. Eidem explained that while District #4 is a separate legal entity, the project involving IXI is really an extension of Tax Increment Finance District #1. He noted that individual districts were being established to maximize the capturing of tax increment throughout the phased construction of IXI' s complex. Eidem further advised that the project proposal was in full compliance with all City planning and zoning regulations. A motion was made by Schaffer and duly seconded by Cochran and carried unanimously to adopt the following resolution: See Resolution 1984 # 12. Motion was made by Cochran, duly seconded by SChaffer, and carried unanimously for the April 10, 1984, meeting of the Planning Commission to adjourn. L--kLL Thomas A. Eidem City Administrator - 4 -