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Planning Commission Minutes 06-06-1989 MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION 4Ii' Tuesday, June 6, 1989 - 7:30 p.m. Members Present: Richard Carlson, Cindy Lemm, Richard Martie, Mori Malone. Members Absent: Dan McConnon. Staff Present: Gary Anderson, Jeff O'Neill 1. The meeting was called to order by Chairperson Richard Carlson at 7:32 p.m. 2. Motion was made by Cindy Lemm, seconded by Mori Malone, to approve the minutes of the regular meeting held May 2, 1989. Motion carried unanimously, with Dan McConnon absent. 3. Public hearing - A variance request to allow a building addition to be built within the side yard setback requirement. Applicant, Bondhus corporation. 4Ii' Bondhus corporation was represented by Mr. John Bondhus, owner of the Bondhus corporation, and Mr. Dick Van Allen. Zoning Administrator, Gary Anderson, indicated to the planning Commission members the location of the proposed variance request as shown on the easel in front of the planning Commission members. Mr. Van Allen indicated that in talking with the gentleman from Burlington Northern Railroad, they do not have a problem with a building being extended out to within three feet of their property line and would also have no objection to constructing a roadway to go around the building also. Mr. Van Allen, along with Mr. Bondhus, then explained the use of the proposed new facility, that being a heat treat facility; and instead of the 10-foot side wall height that is in their existing building, the new building would need an 18-foot side wall height to accommodate the new heat treat equipment to be installed within this addition. Problems with locating this addition on another part of their building would be that they would encounter moving of the main transformer which provides the electricity to this building and also capping an existing well and drilling another well. With no further input from the public, Chairperson Richard Carlson then closed the public hearing and opened the meeting for input from the Planning commission members. . Hearing no further input from the planning Commission members, motion was made by Richard Martie, seconded by Mori Malone, to approve the variance request to allow a building addition to be built within the side yard setback requirement. The motion carried unanimously, with Dan McConnon absent. Reason for granting the variance request: The Burlington Northern Railroad has no intense use of the existing railroad on the tracks which go by this proposed variance request, nor would there be any impairment on the neighborhood, that being the Burlington Northern Railroad or the neighboring properties which are adjacent to this variance request. This is also not contrary to the intent of the ordinance. I . . . planning Commission Minutes - 6/6/89 4. Public Hearing - Consideration of an ordinance amendment to Section 3-1, Non-conforming Building, Structures, and Uses, which would allow limited expansion of non-conforming residential uses in a B-4 (regional business) zone. Applicant, city of Monticello. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members the background to the proposed ordinance amendment which would allow expansion of a non-conforming use in a 8-4 (regional business) zone. Should a non-conforming residential structure be allowed to expand? Does this greatly reduce the intent of the non-conforming uses within the B-4 zoning, indicating that will this provide additional life expectancy of the non-conforming single family house structure. The other major topic to deal with is, by allowing the non-conforming structure to be expanded, does it also prohibit future development in that it would be more expensive for a potential buyer to purchase the properties, demolish, and then construct a new building or buildings within this property for redevelopment. Chairperson Richard Carlson then opened the meeting for any input from the public. Mrs. Quick was present and explained to Planning Commission members that it is their intent to stay there and they would like to improve their property. If there had been some input from the commercial property to the west of them, the Bridge Water Telephone company, they were not here and have not expressed any interest to them to purchase their property. If they have not contacted the Quicks, evidently they were not interested in purchasing the property. Chairperson Richard Carlson then closed the public hearing and opened the meeting for input from the Planning Commission members. commission member Cindy Lemm felt that we should stick to the Comprehensive plan and not allow any expansion of a non-conforming use. Other comments brought out from the planning Commission members were that in all likelihood, development is probably at a minimum 3, possibly 5-10 years away from any future development within that area and that if a person wanted to expand their property, they should be allowed to fix up, maintain, and expand their property. If the properties aren't demolished, they could be purchased for small commercial type redevelopment in that being certain business offices could relocate within a single family residence that exists there. With no further input from the planning Commission members, motion was made by Mori Malone, seconded by Richard Martie, to approve an ordinance amendment to read as follows: [J] "Alterations or expansion may be made to a building containing or related to a lawful, non-conforming residential unit when said alteration or expansion will improve the livability thereof provided the alteration or expansion will not increase the number of dwelling units and provided that such alteration or expansion shall not constitute more than 50 percent of estimated market value. Said value shall be determined by City or County Assessor. All setbacks associated with residential structure expansion must meet R-I (single family residential) yard requirements." 2 . . . Planning Commission Minutes - 6/6/89 Motion carried unanimously with Dan McConnon absent. Motion to approve the ordinance amendment is based on the finding that the proposal is 1) consistent with the Comprehensive Plan; 2) it's compatible with the geographic area and the character of the adjoining lands; 3) the ordinance amendment will not tend to depreciate the area for which it is proposed; 4) the need for the proposed ordinance amendment has been sufficiently demonstrated. 5. Consideration of a previous planning Commission recommendation to rezone Evergreens Subdivision Outlots A and B to B-3 (highway business) zone. Mr. Jeff O'Neill, Assistant Administrator, explained to planning Commission members that some thought has been taking place since this was before them and that they should possibly consider a different type of zoning for the rezoning of Outlots A and B. It was the recommendation by the City staff to rezone the property to PZM (performance zone mixed). The developer, who was also present at the meeting, Mr. Kent Kjellberg, explained better flexibility would be allowed by the developer and more restrictions would also be placed on potential development by the City through the use of a PZM (performance zone mixed) zoning. With no further input from the pUblic, Chairperson Richard Carlson closed the public hearing and opened the meeting for input from the planning Commission members. With no further input from the Planning Commission members, motion was made by Richard Martie, seconded by Cindy Lemm, to rezone the Evergreens Subdivision Outlots A and B to PZM (performance zone mixed) zoning. Motion carried unanimously with Dan McConnon absent. Reason for approval of the rezoning was it allows more flexibility for the developer to develop with different types of uses which are allowed with it, and it also allows more restrictive development in that there are more restrictions that go on PZM properties when they are being developed. 6. Tabled conditional use request to allow expansion of an open and outdoor storage as an accessory use in a B-4 (regional business) zone. A tabled conditional use request to allow an expansion of an open and outdoor sales as a principal and accessory use in a B-4 (regional business) zone. Applicant, Fair's Garden Center. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members that the staff recommendation as submitted to them in their agenda supplement should be changed somewhat and recommend that the conditional use request be denied and brought forth to the City Council for further action. The owner of the property, which is also the applicant, Mr. Kevin Fair, was not present at the meeting and did not indicate that he wasn't going to be at the meeting. Therefore, motion was made by Richard Martie, seconded by Cindy Lemm, to deny the conditional use request to allow expansion of an open and outdoor storage as an accessory use in a B-4 (regional business) zone. 3 . . . Planning Commission Minutes - 6/6/89 And to deny the conditional use request to allow expansion of an open and outdoor sales as a principal and accessory use in a 8-4 (regional business) zone. Motion carried unanimously with Dan McConnon absent. Reason for denial: It was felt that the staff had worked extensively with Mr. Fair to corne together with a site plan to be developed, and if any variances would be needed, could be considered and set for public hearing, which have not taken place at this time. It was also felt that the City Council should consider some legal action to Mr. Kevin Fair, Fair's Garden center, in that he is operating an expansion of an existing business facility without a permit. ADDITIONAL INFORMATION ITEMS Mr. Jeff O'Neill, Assistant Administrator, handed out compiled results of the Joint City Council, planning Commission, HRA, Industrial Development committee, and Monticello Chamber of Commerce meeting held Monday evening. The information was there for their review and they could get back to City staff with any comments that they had on this. 1. preliminary plat request for a proposed new residential subdivision plat. Council action: Approved as per Planning Commission recommendation. 2. Rezoning request to rezone residential unplatted property from R-3 (medium density residential) to PZM (performance zone mixed). Applicant, J & K properties. Council action: Approved as per planning Commission recommendation. 3. variance request to allow 1) a parking lot to be constructed within a 5-foot curb barrier to lot line requirement, and 2) to allow a driveway curb cut to be in excess of the 24-foot maximum allowed. Applicant, J & K properties. Qouncil action: No action needed, as the variance request did not come before them. 4. A variance request to allow a parking lot expansion to be constructed within the 5-foot curb barrier to lot line requirement. Applicant, J & K properties. Qouncil action: No action required, as the variance request did not come before them. 5. A variance request to allow an additional driveway curb cut within 125 feet of street frontage. Applicant, First National Bank. Qouncil action: No action required, as the variance request did not come before them. 6. Conditional use request to allow expansion of an open and outdoor storage as an accessory use in a 8-4 (regional business) zone. A conditional use request to allow an expansion of an open and outdoor sales as a principal and accessory use in a B-4 (regional business) zone. Applicant, Fair's Garden Center. Council action: No action required, as the request was tabled by the Planning Commission. 4 . . . Planning Commission Minutes - 6/6/89 7. Motion by Mori Malone, seconded by Richard Martie, to set the next tentative for the Monticello Planning Commission meeting for Wednesday, July 5, 1989, 7:30 p.m. Motion carried unanimously. 8. Motion by Cindy Lemm, seconded by Mori Malone, to adjourn the meeting. The meeting adjourned at 9:10 p.m. Respectfully submitted, Gary :1:ro~ Zoning Administrator 5