Planning Commission Minutes 01-13-1987
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MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, January 13, 1987 - 7:30 p.m.
Members Present: Richard Carlson, Richard Martie, Joyce Dowling,
Barbara Koropchak, Jim Ridgeway.
Members Absent: None.
Staff Present: Thomas Eidem, Gary Anderson.
1. The meeting was called to order by Chairperson Richard Carlson at
7:35 p.m.
2. Motion by Barbara Koropchak, seconded by Joyce Dowling, to approve
the minutes of the November 12, 1986, regular Planning Commission
meeting. Motion carried unanimously with Jim Ridgeway abstaining.
3. A consensus of Planning Commission members for a Planning Commission
Chairperson.
It was the consensus of the Planning Commission members present that
Richard Carlson serve another term as 1987 Planning Commission Chairperson.
4. A consensus of Planning Commission members for a Planning Commission
Vice-Chairperson.
It was the consensus of the Planning Commission members present that
Mr. Jim Ridgeway serve as the 1987 Planning Commission Vice-Chairperson.
5. Public Hearing - A variance request to allow a proposed subdivided
residential lot to have less than the minimum lot front footage at
the property line and less than the minimum lot front footage at
the front setback line. Applicant, Nick Kampa.
zoning Administrator, Gary Anderson, indicated to Planning Commission
members Mr. Kampa's request. In explaining to Planning Commission
members, Anderson noted the two variances which would be needed on
the enclosed site plan as presented. Chairperson Richard Carlson
then opened the meeting for any input from the public. Mr. Joe Schanen,
residential property owner in Kampa Estates on the lot immediately
west of the proposed subdivided lot, questioned why the need to create
two smaller lots and request variances that would be from the minimum
requirements of the ordinance. Mr. Schanen indicated he thought
the whole intent of the ordinance was to follow it as close as possible,
therefore not needing any variances.
City Administrator, Thomas Eidem, suggested an alternative of the proposed
splitting of the lot east and west rather than to split the lot north
and south. By splitting the lots north and south would take care
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Planning Commission Minutes - 1/13/87
of no accesses off of West County Road 39 and would also create a
building lot immediately fronting West County Road 39. Mr. Bill
Fair questioned from the public's safety standpoint the access to
the existing lot with the newly created lot on the proposed site
plan.
Motion by Jim Ridgeway, seconded by Richard Martie, to deny the variance
request to allow a proposed subdivided residential lot to have less
than the minimum lot front footage at the property line and less
than the minimum lot front footage at the front setback line. Motion
carried unanimously. The reason for denial was proposing to create
a new lot with a variance request for less than the minimum lot front
footage as required by ordinance. Also, if this lot was created.
one of the variance requests would be in direct violation of our
Monticello Zoning Ordinance.
6.
Public Hearing - A conditional use request to allow the dispensing
of motor fuels incidental to a conforming use, a convenience store,
in an R-1 Zone. Applicant. Tom Holthaus.
Thomas Eidem. City Administrator. explained to the public that was
present and the Planning Commission members the City Attorney's opinion
of the conditional use request. The question at hand is, is the
dispensing of motor fuels incidental to the principal use. a convenience
store. He further explained that the convenience store is a less
non-conforming use than the previous use, a liquor/food establishment.
Mr. Eidem emphasized a lot of the information from this was referred
to right out of the Monticello City Zoning Ordinance. Chapter 3,
Section 1. [F). and it reads as follows:
A lawful. non-conforming use of a structure or a
parcel of land may be changed to lessen the non-conformity
of use. Once a non-conforming structure or parcel
of land has been changed. it shall not thereafter
so be altered to increase the non-conformity.
Planning Commission Chairperson. Richard Carlson. reiterated the
intent of the public hearing was to consider, as a conditional use.
the dispensing of motor fuel incidental to the principal non-conforming
use, a convenience store. Mr. Carlson then opened the meeting for
any input from the public. and the fOllowing comments were submitted.
Mrs. Colleen Nelson opposed the gas station being too close to their
property.
Mr. Myron Haldy is opposed to the prOject for the fOllowing reasons:
1) It's not a compatible use with the existing use that was there;
2) The proposed location of the gas pumps in relationship to the
intersection of West County Road 75 and Otter Creek Road; 3) An
increased amount of congestion; 4) The hours of operation; 5) He
felt it would decrease their property values; 6) Additional theft
and vandalism. and he felt there was no need for a convenience store,
as there are already five or so existing in the city of Monticello.
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The following comments were made by David Kapek. He questioned the
need of a convenience store/self-service gas station when there is
an existing one. the Monticello Pump N Munch. approximately eight
blocks from this site.
Mr. Jeff Nelson also was opposed. and he asked in what zones motor
fuels are allowed to be in. City Administrator Thomas Eidem indicated
that it is allowed only as a conditional use in a B-3 (Highway Business)
Zone.
Sherrie Peters questioned that this would be de-valuing their
residential properties.
Planning Commission member. Jim Ridgeway. asked the applicant to
explain his plat. as many of the questions which were brought up
by concerned members of the public could be addressed by the applicant
explaining his proposed convenience store/self-service gas station
on this proposed site. City Administrator. Thomas Eidem. explained
the site plan of the applicant for the Planning Commissioners and
the public.
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Some additional questions which were brought up were the hours of
operation. The applicant explained the hours would probably be from
5:00 a.m. until 10:00 or 11:00 p.m. Another question brought up was
the insurance question if. with a motor fuel station. surrounding
properties' insurance would be increased. Also questions were brought
up about the lighting. and Thomas Eidem. City Administrator. explained
the locations of the proposed lighting.
Myron Haldy explained that even with a 6-foot privacy. there still
wouldn't be privacy for some of the existing homes there. as they
are split entry homes. and the upstairs part of the split can still
overlook this 6-foot high screening fence.
Mrs. Diane Peters indicated that they have been living at their residence
for approximately 16-17 years and were one of the first residents
in this particular area of town. and felt that the proposed use of
the applicant's would be much better than what was previously there.
a liquor/fooiestablishment.
Mr. Roger Hedtke questioned as to why the dispensing of motor fuels
would be allowed in this residential single family zone.
Mr. Richard Kolb is definitely opposed to it because of the lights from the
cars and all the noise created by such an activity at this site.
Mr. Dave Kapek questioned the applicant if he had researched a need
for such an activity at this particular site.
Two petitions were submitted by Colleen Nelson to Planning Commission
Chairperson, Richard Carlson. and were read aloud by Mr. Carlson.
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Mr. Jim Ridgeway questioned the applicant the hours of his operation.
He indicated they would more than likely be between 5:00 a.m. or
6:00 a.m. to 10:00 p.m. or 11:00 p.m.
Motion by Jim Ridgeway to approve the conditional use request to
allow the dispensing of motor fuels incidental to a conforming use,
a convenience store, in an R-1 Zone with the following conditions:
1. An approved landscaping/screening plan be submitted prior to
application for building permit.
2. A hard surfaced parking lot with curb and gutter be constructed.
3. Prior to granting a Certificate of occupancy, money be escrowed
for completion of landscaping needed to meet the approved landscaping
plan; and money also be escrowed for the construction of the
hard surfaced parking lot with curb and gutter if these should
not be in by the time they would like to open for business.
4. The hours of operation will be from no more, but could be less,
than from 5:00 a.m. to 11:00 p.m.
5. There be a maximum of four fuel pumps.
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6. The dispensing of motor fuels be allowed for automobiles and
trucks not exceeding 1~ tons.
Motion seconded by Richard Martie, and was approved unanimOUSly.
Additional Information Items
1. The 1987 Planning Conference Update.
Zoning Administrator Anderson indicated that it would be held on
wednesday, the 21st of January, and that either himself or Tom Eidem
would be going with the Planning Commission Chairperson, Richard
Carlson. If the new Planning Commission member, Jim Ridgeway, would
like to go, he would be more than welcome to go.
2. It was the consensus of the Planning Commission members to set the
next tentative date for the Monticello Planning Commission for February 10,
1987, 7:30 p.m.
3. Motion by Joyce DOWling, seconded by Richard Martie, to adjourn the
meeting. Meeting adjourned at 9:21 p.m.
Respectfully submitted,
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Gary ~er on '?'
Zoning Administrator
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