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Planning Commission Minutes 03-21-1978 . PLANNING COMMISSION MEETING March 21, 1978 - 7:30 P. M. Members present: Ridgeway, Topel, Fair, Erickson, Bauer, Miller. 1. Approval of Minutes. Motion was made, seconded and unanimously carried to approve the minutes of February 21, 1978 as presented. . 2. Public Hearing - Consideration of Rezoning Harold Ruff Property from Residential to Industrial. Mr. Harold Ruff requested 1-2 (Heavy Industrial) zoning of 15.8 acres of land for his salvage yard operation~. Currently, this property is zoned as residential (i.e. R-1, R-2 or R-3). Reasoning for zoning request is that junk yards are only allowed within an 1-2 (Heavy Industrial) zone and then only as a conditional use permit. Present and future comprehensive plans have the area in question proposed for residential usage. Mr. Wm. Hoffman, representing Ruff Auto Parts, indicated it was his understanding that the salvage yard property was zoned industrial at the time of annexation, there- fore would be grandfathered in as to its present use and would remain that way indefinitely. Mr. Hoffman also felt that if the property was originally zoned industrial in the township, the city may not have had the authority to rezone the property residential at the time of annexation. Ron Ruff stated that the business has been there for 28 years and they have no plans to relocate the busines elsewhere. Mr. Ruff stated the request for rezoning was to enable the business to expand its buildings in the future and that they are attempting to remove some of the cars by crushing them. Motion was made by Bauer, second by Topel and unanimously carried to table any action on the rezoning request until the city attorney can be consulted regarding the previous zoning of the Ruff property. . Motion was also made by Fair, second by Topel and unani- mously carried to request that the city attorney have the legal opinion available by the next Planning Com- mission meeting. . 3. Public Hearing - Consideration of Rezoning Lot 6, Block 5, River Terrace from R-1 to R-2. . Quintin Lanners recently purchased the basement home located on Lot 6, Block 5, River Terrace from John Lott, and requested to rezone the property from R-1 (Single Family) to R-2 (Single and 2 Family Residential). Mr. Lanners proposed to build a second story addition on the basement structure for the purpose of using the home as a duplex and to rent out both floors. Some neighboring property owners voiced opposition to the rezoning due to the adverse effects a duplex may have on the single family neighborhood. In addition, a letter was presented previously by Paul Klein objecting to the re- zoning for a duplex. Property owners in opposition were, also concerned that rezoning of this parcel may open the door for future requests of a similar nature. Mr. Lanners presented plans to the commission on how the property would be improved. Motion was made by D. Erickson, second by D. Bauer and un- animously carried to recommend approval of the rezoning request as they felt the addition would be an improvement to the area rather than just having a basement home. 4. Public Hearing - Consideration of Kampa Estates. Nick Kampa and Judith Sandberg proposed a 6.2 acre plat north of W. County Road #39. Proposed platting is for ten (10) residential lots ranging in size from 12,100 square feet to 28,000 square feet. This proposed use would conform to present and future zoning of the property. Dick Dwinell, consulting planner, had concerns over the future use of Outlot A, and recommended that the 20' access easement to the Outlot be eliminated. Mr. Rohlin, engineer for the developers, indicated that the owners of the plat will be attempting to sell the outlot to the golf course and see no problems in eliminating the access to the outlot. Mr. Rohlin also reviewed the comments made by the city engineer in regard to the plat and noted that his recommenda- tions would be corrected on the final plat. Motion was made by D. Erickson, second by Bauer and unani- mously carried to approve the plat as presented provided the access to Outlot A is eliminated from the plan. . -2- . Fair then made a motion, second by Topel and unanimously carried to recommend cash in lieu of land for the park dedication requirements on the plat. 5. Public Hearing - Consideration of Thomas Park Pre- liminary Plat. Stuart Hoglund proposed to plat 19.6 acres of land east and south of Hoglund Bus Garage. The area is platted for commercial and industrial size lots and conforms to present and future zoning of the property. Fourteen (14) lots are included in the plat ranging in size from 23,200 square feet to 200,000 square feet. The engineer on the plat, Mr. Bob Rohlin, reviewed the recommendations made by the city engineer. Of primary concern was that the plat will now need additional sewer and water services for eight lots. These services should be constructed prior to the paving of Thomas Park Drive, which is scheduled for spring 1978 con- struction. . Cost estimates will be obtained regarding the necessary sewer and water services for these lots and may be included as part of the paving construction contract. Motion was made by Bauer, second by Fair and unani- mously carried to approve the Thomas Park Preliminary Plat as presented. In addition, a motion was made by Topel, second by Fair and unanimously carried to recommend approval of a 10% cash payment for the park dedication requirements. 6. Public Hearing - Consideration of Holker's Hillside Addition. . Richard Holker and Martin Ostvig proposed to plat a 3.5 acre parcel of land located just south of the Burlington Northern railroad in ,L0wer Monticello. The proposed platting consists of (10) residential lots plus one (1) outlot ranging in size from 6,800 square feet to over 20,000 square feet. Mr. Dwinell questioned the proposed use of Lot 8, which in its present state would be unbuildable due to its odd size. The engineer for the plat indicated that Mr. Holker is attempting to purchase the triangular portion abutting this lot for the purpose of making one buildable lot. In addition, the recommendations made by the city engineer in regard to the plat were reviewed and will be in- corporated into the final plat. -3- . . . Motion was made by -Topel, second by Bauer and unani- mously carried to approve the plat as presented provided lots 7 and 8 are combined into one lot. Motion was also made and unanimously carried to accept cash for the park dedication requirement. 7. Consideration of Granting a Variance from the Home Occupation Activities to Allow a Hair Styling Shop by Joseph Peterson. At the last Planning Commission meeting Joseph Peterson, owner of the home located at 348 E. Broadway, requested the rezoning of his property from R-2 to B-4 for the purpose of setting up a hair styling shop in the re- sidential home. Due to the strong opposition from the area residences, the Planning Commission subsequently denied the rezoning request. When the rezoning issue was brought before the city council, Mr. Peterson withdrew his request and asked to apply instead for variance under the home occupation activities to allow the hair styling shop. Mr. Peterson requested a variance from the conditions that the operation generates no more than one (1) off street parking traffic at any given time. Mr. Peterson indicated that the operator of the shop would only be doing business by appointments and should never generate more than one (1) off street parking space unless appointments are scheduled back to back. In addition, a variance was requested from the definition to allow the sale of hair care products such as shampoo, conditioner, etc. to his customers. Considerable discussion was held by the Commission as to whether this activity should be considered under the home occupation definition. As a result, a motion was made by Fair, to deny the variance request. Died for lack of second. Motion was then made by Bauer, second by Erickson and unanimously carried to approve the hair styling shop under the home occupation activities with the following variances: A. No more than (2) off street car parking at one time. B. Sale of hair care products to customers would be allowed. -4- - . I " 'I . 8. Consideration of Building Permit - High School Con- cession Stand. The Monticello Jr.-Sr. High School requested a building permit to construct a concession and storage building on the High School property. The 56' x 38' concrete building would be located near the football field and would be used for storage of equipment in addition to concession sales. J. Miller, building inspector, has reviewed and approved the building plans. Motion was made by Fair, second by Topel and unani- mously carried to recommend approval of the building permit for the concession stand. . 9. Miscellaneous. A. Noted J. Miller's tional use permit zoning district. next agenda. B. Requested Dick Dwinell to study the possibility of rezoning portions of Blocks 33 and 16 from B-4 to R-B as part of the revised comprehensive plan~ request for a renewal of a condi- to construct a 4 plex in an R-2 This item will be placed on the C. Set April 11, 1978, as the date for the Planning Commission's public hearing on the revised compre- hensive plan and ordinance amendments. Motion by Topel, second by D. Erickson and unanimously carried to adjourn. &~~ Adm. Asst RW/lg . ~5-