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Planning Commission Minutes 07-22-1980 . . . MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, July 22, 1980 - 7:30 P. M. Members Present: Ed Schaffer, John Bondhus, Loren Klein (ex-officio) Members Absent: Dave Bauer, Dick Martie, Jim Ridgeway. NOTE: Due to the fact that this meeting did not have a quorum of voting members present, meeting was held to allow citizen input and members present went on record with their comments and recom- mendations to full Planning Commission - this meeting then was postponed until Monday, July 28, 1980 at 5:00 P.M. at which time final action will be taken on all items. 1. Review of Minutes - June 10, 1980. It was the consensus of the members present that the minutes were correct as shown. 2. Public Hearing - Sign Ordinance Amendment. Wayne, from Wayne's Red Owl was present, and asked what would happen if the Mall were expanded, his question would be if the Mall wanted to expand even larger than they are today, would it be necessary for them to bring their signs into conformance before a building permit could be issued for the expansion of the mall since they are allowed only one pylon sign and have two? Bill Seefeldt, of Electro Industries, was present and stated that he felt that the location of a business and the type of road upon which it was located should dictate the size and height of a sign. It was pointed out to him that presently, the sign ordinance already does dictate the size and height of a sign based upon the type of road and the speed limit allowed upon that road which abuts that businesses property. It was the consensus of the three members present that the non-conforming signs which were in place on or before August 25, 1975, that is the time upon which the present Ordinance was adopted, should be allowed to continue to exist as non-conforming signs, and that those signs which are non- conforming or prohibited and were placed after August 25, 1975, without variances or the required permission to do so, were removed. - 1 - . . . Planning Commission - 7/22/80 3. Public Hearing Regarding an Ordinance Amendment for Home Occupations. At the June 10, 1980 regular Planning Commission meeting, it was the consensus of the members present to hold a public hearing at the next meeting at which time an ordinance amendment making all home occupations as a conditional use could be discussed. The reason for that request is that there are certain items which are allowed as present as home occupations, and certain others that are not allowed as home occupations. By making all of the home occupations conditional uses, it would thus give the City better control over home occupations in the various residential zones. After a discussion, it was the consensus of Loren Klein and Ed Schaffer that the home occupations ordinance should be amended to make all home occupations a conditional use, and it was the position of John Bondhus that the ordinance should be left as is. 4. Public Hearing on Subdivision Request for Kenneth Larsen. At the May 20, 1980 Planning Commission Meeting, Ken Larsen, who owns the East 51' of Lot 6 and all of Lots 7 & 8, Block 32, Lower Monticello, made a request for a simple subdivision of that property. His proposal was to divide those three lots which run in a north/south direction into two lots which run in an east/west direction. That property contains approximately 30,000 square feet, and subdivided into two lots, which was recommended by the Planning Commission and granted by the Council, created two lots of approximately 81~' wide by 183' deep. Each contained over 15,000 square feet. which does exceed the 10,000 square foot requirement for a lot in an R-2 zone by one and one-half times. At that time, the Planning Commission recommended to the Council that this simple subdivision request be granted, provided that a certificate of survey be submitted and no variance would be required in allowing the new property line change. However, since that time, Mr. Larsen has made a request to allow the southerly created lot to be only 75'in front footage width and is 5' less than the 80' presently required by Monticello ordinance. Thus, two new lots would be created - one which is 13,500 square feet, and the other which is 16,500 square feet. Although the new 75' lot width would be more square footage than required by the present ordinance, it would be 51 less in front: footage width than that which is required, thus a variance is necessary. It was the consensus of the members present to approve the subdivision request. - 2 - Planning Commission - 7/22/80 . 5. Subdivision Request - John Sandberg in Sandberg's Riverside Addition. John Sandberg, who owns Lots 3 & 4 in Sandberg's Riverside Addition, is proposing to further subdivide those two lots into three lots. In order that this might be done, it is necessary, according to Monticello Ordinance, to submit a preliminary plat for approval and resubmit for a final plat approval. However, in order to cut out some of the paperwork necessary, at the time he makes his subdivision request, it is also possible that he can request a variance from all the subdivision requirements and that he be allowed only to submit a proposed preliminary plat and final plat showing what new lots would be created and what new easements would be created. Also required would be a new subdivision name, a new block number and the new lots to be newly names. Example - this subdivision could be called - Sandberg's Riverside Second Addition - Block 1 - Lots 1, 2 & 3. The three proposed new lots would exceed the requirements for square footage that the present ordinance requires. It would only be necessary that he submit a plan showing the sizes, etc., of the new lots and all the easements which would be recorded such as drainage easements between the lots, etc. . Ron White was present at the meeting to oppose this subdivision request. He had a concern over the size and setback requirements; however, it was determined that a house of approximately 29' x 80' could be built on the smallest of the three lots. Mr. Mel Wolters was present and stated that he was led to believe at the time he purchased his lot along Sandberg Circle, that the lots would never be further subdivided and that would then keep someone from building a smaller home in that area. It was the consensus of Ed Schaffer and Loren Klein to approve the sub- division request. It was the consensus of John Bondhus to oppose the subdivision request because he felt that the owners were misled or deceived at the time that they purchased their present lots. 6. Simple Subdivision Request - First Baptist Church of Monticello. The First Baptist Church of Monticello is proposing to build a new Church. In doing so, it is their intention to subdivide the present property which is located on West Broadway into two lots. One lot would be large enough to accommodate the existing Church building without any variance request, and the second lot would be large enough to accommodate their proposed new Church facility if the conditional use in the next item was granted. . - 3 - ~ ~ ~ Planning Commission - 7/22/80 If this simple subdivision request is granted, the Lot created would exceed several times the minimum size lot required in an R-2 zone, which is 10,000 square feet. It was the consensus of Loren Klein, John Bondhus and Ed Schaffer to recommend approval of this subdivision request. 7. Public Hearing - Conditional Use for First Baptist Church. The First Baptist Church of Monticello made an application for a Conditional Use to develop a church facility on their property on West Broadway. If the previous item was recommended for approval, then the newly created easterly lot is the site on which the proposed church would be built. That lot is large enough in size to accommodate both the proposed Church and parking facilities, and in addition to that, large enough to accommodate a future addition to the Church and the future addition's parking lot. One item which would require a variance is their request to be allowed not to develop curbing along the south side of their parking lot so that, in a few years, when the new Church addition is built and the parking lot expanded, it would not be necessary to destroy an already in place concrete curb in order to expand the parking lot. It was the consensus of the three Planning Commission members present to recommend this item for approval. 8. Simple Subdivision Request - Gary Corrow. Gary Corrow, who owns the property just to the east of the Silver Fox Motel, which lies between the Glass Hut and Tom Thumb, which abuts old Highway 25, is making a proposal to subdivide his parcel of property into two lots. The newly created lots would require no variances. No park dedication fee would be required since the park dedication was paid on this property in a previous subdivision. It was the consensus of the members of the Planning Commission present to recommend this item for approval. 9. Simple Subdivision Request for St. Peter's Lutheran Church. St. Peter's Lutheran Church, who own Lots 2, 3, 4 & 5, Block 15, Lower Monticello, is proposing to subdivide Lot 5 and the West ~ of Lot 4, off from the total parcel of property. This request is so that an individual lot for the parsonage can be created. The present parsonage and garage set on the West ~ of Lot 4 and all of Lot 5. This is exactly the same lot which the new parsonage facility will be built on. This request is made in order that they may build a new parsonage on the south half of the newly created lot and then later move the old parsonage and garage off to another location. At this point, it has not been determined where the old house might be moved to, or if it might be torn down, but hopefully, that decision can be made soon. - 4 - Planning Commission - 7/22/80 . Also, as part of the simple subdivision request, St. Peter's Lutheran Church is requesting that they might be allowed to build the new parsonage prior to moving the old one off from the property, so that the pastor has a home in which to live while the new parsonage is being built. It was the consensus of the Planning Commission members present to recommend this subdivision request for approval. 10. Simple Subdivision Request - Assembly of God Church. The Assembly of God Church, who own the east one-half of Lot 9, and all of Lot 10, Block 35, Lower Monticello, are proposing to divide that lot of 16,335 square feet into two lots. One of 1,800 square feet and one of 14,335 square feet. The lot of 14,335 square feet is where the existing home sets on those lots, and would create without any variances required, a lot which is larger than the 10,000 square feet which is necessary for a lot in that zoning district. The lot of 1,800 square feet which would be retained by the Assembly of God Church in order that they might be able to continue to facilitate off-street parking on their present remaining parcel which is contiguous to this 24' x 751 subdivision they are requesting. It was the consensus of the Planning Commission members present to recommend this subdivision request for approval. . 11. Consideration of a Variance Request - Quintin Lanners. Quintin Lanners, who owns Lot 3, Block 1, Kampa Estates, is making a variance request to build a garage within 5' of the West property line of that lot. Mr. Lanners is also the owner of the abutting lot to which the variance is requested. Last winter, when the basement was dug, apparently the excavater made a mistake as to which stakes were to be used when the basement for the house was dug, and the basement was dug 5' too far west. Thus, this spring when Mr. Lanners prepared to dig footings for the new garage, it was discovered that in order to facilitate a 22' wide garage, it would be necessary for him to obtain a 5' variance in order to construct that garage. If the new garage is allowed to be built with a 5' variance, it would still leave 18~' between the garage which required a 5' variance and the garage which will be attached to the house to the immediate west. It was the consensus of the members of the Planning Commission present to recommend this item for approval. . - 5 - Planning Commission 7/22/80 . 12. Consideration of a Subdivision Request - Reinert Homes. Tim Yogerst, a representative of Reinert Homes, was present at the meeting to request a simple subdivision of Lot 3, Block 1, Lauring Hillside Terrace. This request is based on the need for more property to develop a Planned Unit Development on Lots 1 & 2, and a portion of Lot 3, Lauring Hillside. If the subdivision request is approved, it will create a lot on the east half of Lot 3, which will still be larger than that which is required in an R-3 zone, and the half of the Lot on the west could thus be attached to Lots 1 & 2 to become one lot which would be large enough for the 36-unit apartment complex, which is proposed for that property, which will be considered in the next agenda item. It was the consensus of the Planning Commission members present to recommend this simple subdivision for approval. 13. Conditional Use Request for a Planned Unit Development within an R-3 Zone. . Tim Yogerst, representative of Reinert Homes, Inc., was present to request a conditional use to develop a Planned Unit Development (PUD) in an R-3 Zone. That new development would include Lots 1, 2 & W ~ of Lot 3, Block 1, Lauring Hillside Terrace. Their proposal would be to develop a 36-unit apartment complex on that property. This 36-unit apartment complex would consist of five units - some three-bedroom units, some two-bedroom units and one handicapped unit. Some variances would be required under the present ordinance if this PUD were to be allowed. They are as follows: A. Only eight (8) of the required eighteen (18) garage units would be provided, and only seventy-five percent (75%) of the parking spaces required would be provided. B. A 4' setback between one building and the driveway on the property would be required. The requirement for less garages and less parking spaces was recommended for approval by unanimous consensus of the Planning Commission members present, based on a letter from Howard Dahlgren Associates regarding this proposal, which suggested that we consider not only allowing less off-street parking for this PUD, but we also consider amending our ordinance to lower the number of parking spaces required in a residential development. That also was the consensus of the Planning Commission members present for the garages and was based upon a letter dealing with the same from Howard Dahlgren Associates. The variance of 4' was also recommended for approval by consensus of the Planning Commission members present. . - 6 - . . . Planning Commission - 7/22/80 In light of the letter from Howard Dahlgren Associates previously mentioned, it was also the consensus of the members present to recommend that we review the present parking and garage ordinance requirements. 14. Consideration of a Variance Request - Udene Slinde. Udene Slinde is proposing to build a garage onto his house on Lot 5, Block 1, Anders Wilhelm Estates. In order that he might build the size and style of garage that he would like, he is asking for a 5' variance to be able to construct that garage. Under present ordinance, the setbacks from the property line are 10', thus, if a person were to build a house on both sides of a property line 10' away from the property line, there would be 20' between the two buildings. Presently, the building on the lot adjacent to the lot line which requires Mr. Slinde to obtain a variance is 15' away from the property line, thus, if the 5' variance were granted, there would still be the necessary 20' between the abutting house and the new garage. It was a unanimous consensus of the members present to recommend this item for approval. 15. At the end of the meeting, it was the consensus of the members present to re-hold this meeting at 5:00 P.M. on Monday, July 28, 1980, in order that a quorum which is necessary could possibly be obtained and the recommenda- tions on the items which were dealt with at this meeting could go forth to the Council with the requi red number of votes to obtain recommendi ng approvals or recommending denials. Meeting adjourned. Loren Klein, Zoning Administrator LDK/ns - 7 -