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Planning Commission Minutes 06-10-1980 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, June 10, 1980 - 7:30 P. M. Members Present: Jim Ridgeway, Dick Martie, Ed Schaffer, John Bondhus. Loren Klein (ex-officio) Members Absent: Dave Bauer. 1. Approval of Minutes. Motion was made by Ed Schaffer, seconded by Martie and unanimously carried to approve the minutes of the May 20, 1980 Regular Meeting. 2. Public Hearing - Monticello Sign Ordinance. Mr. Bob Ryan, of Howard Dahlgren Associates, explained a letter from John Uban, dated May 29, 1980, regarding sign ordinance amendments allowing existing billboards to remain as a non-conforming use. Mr. Ryan explained a possible ordinance amendment which could be added to our present ordinance in Section 10-3-9 which would deal with permitted and prohibited signs, and be added as subsections thereto. Also, a draft copy of an agreement form which could be used between the City of Monticello and the property and advertising sign owners was discussed. This form could give the City a stronger legal standing in the event that a property or sign owner did not want to remove the sign when the property was developed with another principal use. It was suggested that the forms be sent to the owners by certified mail with return receipt signatures kept on file at City Hall. In that way, the City could have a document that the property owners received the form. Basically, the discussion was centered around the existing billboard signs, that is, signs of over 200 square feet, being allowed to remain as they are in their present condition as the principal use of the property. It was further discussed that at the time that the property upon which the signs are located is further developed and another principal use or building is developed on that property, that at that time the existing sign would have to be removed. An ordinance amendment which stated the above could help prevent non-conforming billboards from being perpetuated indefinitely. On a motion by John Bondhus, seconded by Dick Martie, all voted in favor to suggest the following sign ordinance amendment be added to ordinance Section 10-3-9: . . . Planning Commission - 6/10/80 10-3-9: SIGNS B. Permitted and Prohibited Signs: 2. Prohibited Signs: (g). Advertising Signs, in excess of 200 sq. ft., except that those signs which were in place on or before June 23, 1980 and which are the principal use of the lot of record as of the above date, and which have an agreement on file with the City on or before July 23, 1980, in the form so desig- nated by the City Administrator which is signed by the property owner and the advertising sign owner and notarized, may continue as a non-conforming use until such time as the lot of record above is developed, in which case, the non- conforming advertising sign must be removed within 60 days after written notice from the Building Official. (Excep- tions - bus benches or signs which advertise non-profit organizations). The Planning Commission also voted to recommend that it be considered that this be recorded as a deed re?triction on those respective parcels of property, if it is possible to do that. The Planning Commission decided that at this meeting they would deal only with billboards or, that is, signs of over 200 sq. ft., and that signs that do not conform to the present ordinance would be dealt with after gathering more information at the next regular Planning Commission meeting, and that, if necessary, they would be willing to hold a special meeting to discuss further information. 3. Public Hearing - Proposed Ordinance Amendment to Allow a Day Care Facility within an R-2 zone as a conditional use. The present Monticello Zoning Ordinance allows a day care home with up to five children as a permitted use in an R-l zone, and allows the same as a permitted use in an R-3 zone, with a day care facility with more than five children as a conditional use in an R-3 zone. It was a staff recommendation that the Planning Commission and Council consider amending the present ordinance to allow a day care facility unit with more than five children in an R-2 zone as a conditional use, provided that it meets all the conditional use criteria as are required in an R-3 zone, as is discussed in Section 10-8-4-B. If this ordinance amendment were passed, it would then allow the ABC Day Care Center to reestablish themselves from the Oakwood School to the Baptist Church Building. At a recent Planning Commission meeting, it was recommended to the City Council that the ABC Day Care Center be allowedto move their facility into the old Baptist Church building, which is zoned R-2, and that request was approved by the City Council as it was recommended to them. - 2 - . . . Planning Commission - 6/10/80 Hearing no objections. on a motion by Dick Martie and seconded by Ed Schaffer, all voted in favor to recommend a zoning ordinance amendment to allow a Day Care Center with more than five children as a conditional use in an R-2 zone. 4. Public Hearing - Ordinance Amendment to Allow Duplexes in an R-2 Zone to be Owned by Two Separate Individuals. Upon a staff request. John Uban of Howard Dahlgren Associates, wrote a memorandum to Gary Wieber. which outlined how our Planner feels that the present ordinance could be interpreted to allow a duplex in an R-2 Zone which could be owned by two individual owners. Mr. Uban stated in his letter "we feel that the zoning ordinance as written should allow the City to approve the division of lots containing multiple unit structures, in order that the individual housing units could be sold. The total structure containing the units would then be subject to the zoning ordinance requirements. In effect then, the units would be built to and meet at one or more lot lines without the typical setbacks." Mr. Uban went on to state that if the City desires to more clearly address the issue of dividing lots of multiple unit buildings, that possibly the City should consider a suggested new language be added into a new provision Subsection E to Section 10-3-3. On a motion by Ed Schaffer, seconded by John Bondhus, all voted in favor to recommend a new subsection E, which states the following: Lots of multiple housing unit structures may be divided for the purpose of condominium ownership provided that the principal structure containing the housing units shall meet the setback distances of the applicable zoning district. In addition. each condominium unit shall have the minimum lot area for the type of housing unit and usable open space as specified in the area and building size regulations of this ordinance. Such lot areas may be controlled by individual or joint ownership. 5. Public Hearing - Subdivision, Rezoning and Conditional Use Requests - Quintin Lanners. At the beginning of the meeting, Mr. Quintin Lanners withdrew his request for a conditional use so this item dealt only with subdivision and rezoning. - 3 - . . . Planning Commission - 6/10/80 This public hearing item dealt with two topics - Item A - a subdivision request; and Item B - rezoning requests. Mr. Quintin Lanners is proposing to subdivide the present Don Christopher property, located directly west of Balboul Estates, into nine lots. Of these nine lots, his request is to rezone Lot 1 to R-3 and Lots 2 thru 9 to R-2. His request for rezoning lots 2 thru 9 would be based on his desire to build duplexes on each of the lots which would be individually owned by the people who reside within the unit, rather than to have them owned by one owner and have rental units. These duplex units would be the same as those which were recommended for approval at the last Planning Commission meeting for another lot owned by Mr. Lanners in another area of Monticello, and also would be done at the recommendation of our City Planner. The square footage of Lots 2 thru 9 range in size from 10,175 square feet, which meets the minimum lot size required in an R-2 zone, to 29,100 square feet, which is approximately three times the size of the minimum lot size allowed in an R-2 zone. At the time of the meeting, a comment back from Howard Dahlgren Associates was to recommend this subdivision and rezoning request because of the reasonable transition. Mr. John Badalich, of OSM, at the time of the meeting had not submitted a comment, however, his comments should be forthcoming before the next City Council meeting. On a motion by Ed Schaffer and a second by John Bondhus, it was unanimously approved to recommend approval of the subdivision request and to recommend approval of the rezoning requests, as requested. 6. Review of the Home Occupations Ordinance. At a previous Planning Commission Meeting, the Planning Commission dis- cussed the possibility of changing the definition of a home occupation to include more items, and also to make all home occupations conditional uses rather than some be conditional uses and others be permitted uses. On a motion by Dick Martie and second by John Bondhus, all voted in favor to advertise for a public hearing at which it would be discussed to change the home occupations ordinance to include all the uses as conditional uses. 7. Discussion of Lawful, Non-Confoming Uses within Certain Zoning Districts. Recently, there have been several complaints come in to City Hall about people who were grandfathered in with their businesses at the time the zoning was made to the entire City. One of those items which is receiving a lot of attention at this time is trucking firms who have parking spaces at their residences. Apparently, those people who own trucks which are larger than allowed in residential zones are parking those vehicles in the residential zones and it is causing concern to the surrounding and abutting neighbors. After considerable discussion among the Planning Commission - 4 - . . . Planning Commission - 6/10/80 members, it was unanimously decided to recommend better law enforcement in those areas. 8. Discussion of a Letter from the Department of Interior on the Monticello Island. Approximately four years ago, Howard Dahlgren Associates sent a letter to the Department of Interior, Bureau of Land Management, regarding a question about the use of Monticello Island, which is located just below the Highway 25 Bridge. At this time, the Bureau of Land Management is in the process of determining land use planning, and would like to know if the City has any plans for using the island. At one time it was discussed that possibly a small bridge could be built from Bridge Park to the island, and it could be used as a park annex, or a wilderness addition to the existing bridge park. On a motion by Ed Schaffer and seconded by Dick Martie, a unanimous decision was voted to recommend no development of the island - to leave it as it is. 9. A Variance Request for a Business Development to Not Have Landscaping and Parking Requirements Met. Bob Peterson, of Scott's, Inc. of Grand Forks, N.D., was present to make a request that he be able to continue to operate his brokerage firm from behind the Monticello Ford building, yet still on the Monticello Ford property, with a few variances that would be necessary. They are as follows: A. A second principal use on a particular lot. B. No landscaping requirements. C. No hardsurfacin9 requirements. His request was based on the operation of his business only being from July 28 through October 20; however, those dates can vary from 10 days either way. At the present time, they feel they cannot justify a per- manent building of their own because of the limited time spent in Monticello during that short shipping season. They feel that the facility they now have is able to handle their needs, which are: A. Easy access on and off the highway. B. Room for one to eight semi trucks at anyone time, which stay from 15 minutes to one hour, or possibly longer. - 5 - . . . Planning Commission - 6/10/80 In Mr. Peterson's request, he is asking that they be allowed a permanent variance from those three items which were listed. On a motion by Dick Martie and seconded by Ed Schaffer, it was unanimously approved to recommend that the three variance requests from Scott's be granted on a one year basis with notation be made that they be able to come in at the end of each one year period and request renewal of those variances. 10. A Variance Request for a Setback for a Pylon Sign - Jim Maus. Jim Maus was present at the Planning Commission meeting and requested that he be allowed to put a new pylon sign on the present Stor-A-Way property and be allowed to erect that sign as close as possible to the property line. Monticello's present ordinance requires that Pylon signs use the same setbacks as a building unless they are granted a variance to do so. In the past, all pylon sign setback requests have been granted as requested, and that in mind, on a motion by Ed Schaffer and second by John Bondhus, it was a unanimous vote to recommend granting a variance to allow the pylon sign to be erected as close as possible to the property line on the east side of the Stor-A-Way property without any overhang into the right-of-way. LDK/ns - 6 -