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Planning Commission Agenda Packet 07-05-1983AGENDA REGULAR MEETING - MONTICEUO PIANNING COMMISSION July 5, 1983 - 7:30 P.M. Members: Jim Ridgeway, Don Cochran, Joyce Dowling, Fd Schaffer, Richard Carlson. 1. Call to Order. 2. Approval of the Minutes of the Regular Meeting Held on Juno 14, 1983. 3. Approval of the Minutes of the Joint Meeting Hold on June 21, 1983. 4. Public Hearing - Sideyard Variance Request for Attached Garage - Ricky and Rebecca Haugeto. 5. Public Hearing - Conditional Una Request - Minor Auto Body Repair - Patrick Townaend. G. Mal Woltora - Proposed Amendment to the Ordinance to Allow Flea Markets. 7. John Sandberg - Proposed Subdivision of City Wt to Allow Construction of Two Single Family Houaoa. Additional Information Itemo 1. Conditional Una Raquoot - Monticello Acoembly of God Church. The regularly ochoduled mooting for the Planning Commieaion in tentatively ochodulad for Auguat 9, 1983. MINUTES REGULAR MEETING - MONTICELIA PLANNING COMMISSION June 14, 1983 - 7:30 Y.M. Members Present: Jim Ridgeway, Joyce Dowling, Richard Carlson, Don Cochran. Members Absent: Ed Schaffer. 1. The Meeting of the Monticello Planning Commission was called to order by President Jim Ridgeway on June 14, 1983 at 7:46 P.M. 2. Approval of the Minutes. A motion was made by Dowling, seemded by Cochran and unani- mously carried to approve the minutes of the regular meeting of May 17, 1983. 3. Public Mearanq - Sideywd Variance Request - Tom and Shirley Giroux. Mr. Tam Giroux requested a sideyrard variance to build a 26 foot by 26 foot attached garage to his home to within 9 feet of the property line. His home is located at Rt 1, 132 Marvin Elwood Reed, Wilhelm Estates. Mr. Giroux'a home is currently setback 20 feet from the north property line which moats City ordinance requirements, but by adding a 26 r 26 foot garage, a variance would be necessary since the northwest corner of the garaye would be within 9 feet of the property Itne. Tho abutting property owner to the ':eat wn. notit ted of the public hearing and did not exprcas any ul.ln.,.tion t., th, variance request. no Planning Conmisolon members yuoutioned Mr. :.iruux on the reason for building the attachod double car garage and Mr. Giroux'o response was that he wonted to store his vehicles inside and aloo to bo able to service them himself in the garage. The Planning Cormiaaion nuted that thin would be a dofinite improvement to the property, therefore, a motion was made by Don Cochran, seconded by Richard Carlson to recommend approval of the variance request allowing a garago to be built within 9 foot of the property Ileo since the abutting proporty owner did not object. Voting in favor were Ridgeway, Cochran, Carlson and Schaffer wau aboont. rK Planning Commission Minutes - 6/14/83 5. Public Hearing - Variance to Allow Construction of a Privacy Fence Adjacent to Property Line and to Allow Construction of of a Deck Adjacent to Property Line - David Brouillard, 103 North Locust Street, Block 50, North 1/2 of Lots 11 and 12, Original Plat. Mr. David Brouillard is requesting a variance to allow con- struction of a privacy fence and deck abutting his house to the proposed privacy fence in a B-4 zone. His home is located at 103 Locust Street, Original Plat, Block 50, North 1/2 of Lots 11 and 12. Mr. Brouillard's home,which is currently located in a B-4 regional business district, requires that a privacy fence can be constructed if it is at least 6 feet high but not more than 6 feet in height. An acconscry building or an addition may be constructed with a variance, and a privacy fence itself could be built on the property lot line, if so desired, but Mr. Brouillard would like to build the privacy fence on his side of the lot line. The abutting property owners and property owners within 350 foot radius wore notified of the public hearing and no one haq expressed opposition to his variance request. The Planning Commission members inquired au Lo why Mt. Brouillard was constructing the privacy fence, the need for it and also if the fence and deck would lx of any improvement to t1w property. Mr. Brouillard indicaLod that the privacy fence would screen his property from the abutting pruperty to the south of him. The abutting property owners within 350 feet were notified of the public hearing and have not expressed any opposition to the variance request. Nr. Brouillard also stated that he requested these variances because he wanted privacy and also to screen his side yard from the abutting property which is rental property. It would be so constructed in a manner that would be attractive to the property and would increase the value of his property. A motion was made by Dowling, seconded by Carlson to recommend the approval of the variance request allowing the privacy fence to be constructed and an attached deck to the house in a B-4 zone. All voted In favor. C�4 , RN Planning Commission Minutes - 6/16/83 6. Mel Wolters - Proposed Amendment to the Ordinance to Allow Flea Markets. Mr. Jack Ubel, representing Hel Wolters, made a presentation to the Planning Commission on a proposed flea market ordinance. This not being a public hearing, the Planning Commission listened to the proposed request by Mr. Ubel and offered suggestions to the proposed ordinance but due to the lack of Staff information on the proposed ordinance, the Commission asked for further time for Staff input and recommendations as to the proposed arvendment ordinance. A motion was made by Carlson, seconded by Dowling and unanimously carried to table this request for further Staft revie•a and recommendation. ADDITIONAL INFORMATION ITEMS. 1. Conditional Use Pecruest - Assembly of God Church. This item was brought before the Commission for the proposed next mooting for the Planning Commission for their information - 2. Conditional Use Permit - Patrick Townsend. This item was also brought before the Planning Commiscion for their information in regard to the next meeting. 3. Rezoning of Lots 9, 10 and Part of 11, 7bomas Park Addition, From B-3 to I-1 Zone. This also being an informational item for the Planning Commission for the next mooting. Monticello Planning Commission Request. The Planning Comstosion has reguooted that Gary Anderacn, Planning and Zoning Administratot,try to not up a meeting with the Monti - collo City Council at a date that would he convenient with them, proferrably in the morning. The Planning and Zoning Adminictrotor took this under advisement and will notify the Monticello City Council and got back to the Planning Commiasion members on a tentative data Get for June 21, 1983. The Planning and Zoning Mmintstratnr Lrouyht up the tentative ly uehodulod i ext meeting date in July and ,t wan the concenau• oS the Planning Co=inaion members to mcrt une w,.rk print to tl.e regularly ochoduled meeting , therefore the next scheduled meet any in set for July 5, 1993, at 7130 Y.M. A motion wan made by Don Cochran, aeconded by Joyco Dowling to adjourn. / Gary . ruon, Zn- c Planning Adminiotrat- M v Planning Commission Agenda - 7/5/83 AGENDA SUPPLEMENT 4. Public Hearing - Sideyard Variance Regeest - Ricky and Rebecca Haugeto. Mr. Ricky Haugeto has requested a sideyard variance to build a 26 foot X 26 foot attached garage to within 12 feet of the corner property lot line. His home is located at 37 Fairway Drive, Country Club Manor. According to the site plan enclosed with the agenda, the house is currently setback 38 feet from the west property lot line which currently meets City ordinance requirements. By adding on a 26 foot by 26 foot garage, a variance would be necessary as the west side of the garage would be within 12 feet of the property lot line. Ordinances require a 20 foot setback on a corner unless a variance is requested. If the variance is granted allowing the garage to be built within 12 feat of the property line, it should probably be noted that if the Golf Course Road should at acme day in the near future be widened and with the now attached garage, the drainage ditch would be moved closer to the garage than what it is right now. The garage presently would sit with a granted variance approximately 6 to 8 feet from the top part of the elope to begin the slope to the bottom of the ditch. As you will note in the enclosed site plan, the set- back on the cast aide of the house is 20 feet instead of the required 10 foot. If the house had been act 10 feat from the cast property line to allow for a 42 foot house with a 26 foot garage, we would have been at least 22 foot from the west prcparty line, but this is how the original site plan woo submitted. The building permit was issued and the dovoloper's intention woo only to build a single car attached garage instead of a double, which would have been fine with the site plan enclosed. But now we are faced with the conridoration of approving or denying a variance request on a 26 foot wide garage. POSSIBLE ACTIOIJi Conaiduration of approving or denying the variance roquost to allow the garage to be built within 12 foot of the corner property lino, an 8 foot varianco. W-FERENCESi A map depicting the location of the property, a site plan noting the location of the attached garage. A photo noting the location of the property to be prosented at the Planning Ccmmisaion meeting. �ii m W 1 J Sideyard variance request to build an attached garage within 12 feet of property lot line. RICKY AND RLBECCA NAUCE'W y 41 M Nt 41 M J • M Planning Cot -mission Agenda - 7/5/63 5. Public Hearing - Conditional Use Request - Minor Auto Body Shop Repair - Patrick Townsend. As you rmy recall, Mr. Pat Townsend at the November 16th, 1982 Planning Commission meeting, requested a conditional use per- mit to be allowed to operate a minor auto repair shop at his home located at 107 Locust Street. Mr. Townsend was basically working with transmission and radiator repairs and the Planning Commission granted the conditional use on a temporary one year basis. As you may recall, It. Pat Townsend at the April 12, 1983 Planning Ccamisison meeting, requested a conditional use permit to be allowed to operate an auto repair facility in the body shop area of the old Monticello Ford building contingent upon that the parking areas for the business be behind the building; that the variance on the blacktopping be granted fvr one year at which time it will be reviewed; that the old conditional use permit granted to Mr. Townsend be expired for an auto repair facility and that the conditional use permit is to Mr. Townsend only at this facility. During discussion at the April 12th, 1983 Planning Commission meeting, at no time did the Planning Commission or Mr. Pat Townsend address the situation of an auto body repair facility. In looking back at our def init ions in regard to automobile repair, we define minor auto repair as being minor repairs, incidental body and fender work, painting and upholstering, replacement of {arts and motor services to passenger cars and trucks, not exceeding 9,000 pounds gross weight, but not in- cluding any operations specified under major automobile repair. Mr. Townsend, the rofore, is now requesting that he be allowed automobile repair major at his facilities to in- clude auto body repair. nofinition for autanobile repair major is major general repair, rebuilding or reconditioning engines, motor vehicles or trailers, collision servicing including body, frame or fender straightening or repair, overall painting or paint job vehicle oteam cleaning. Mr. Townsend is therefore requeoting that only the auto body repair be attached to his conditional use permit, therefore, if we would like to address an addition to his conditional use permit which woo granted on April 12, 1983, tliat toing an automobile repair major, or re-cotablioh a whole new conditional use requoot including major automobile repair and taking into consideration the 4 cunditiono that were attached to tho April 12, 1983 conditional use request that wan granted. - 2 - • M Planning Commission Agenda - 7/5/83 Yz . Townsend has agreed to abide by the conditions that were stipulated in the April 12, 1983 conditional use permit and acknowledges that they were granted for only one year and that being from April 12th, 1983. Mr. Townsend stated that his business has expanded to include auto body work and that being a major portion of his work now necessitated the need for a conditional use request. Public hearing notices have been sent to all property owners within 350 feet and as of the date of this item being prepared, no comments in opposition have been heard from anyone. POSSIBLE ACTION: Consideration of recommending approval or denial of a conditional use permit for the auto repair facility for a major auto repair facility in the body shop area of the old Monticello Ford building. REFERENCES: A map dopciting the location of the property and a sketch of the body shop area of the building, agenda supplement for the April 12th, 1983 meeting and a photo depicting the area to be used as a major auto repair facility to be presented at the July 5, 1983 meeting. - 3 - ell nal age � shop fec Y rog coli o1 auto t" o Tota b� a n aj N�^tiool 9 vowov r tit /lc �7 1 1 C� �7 Planning Cor minsion Agenda - 4/12/83 7. Public Hearing - Conditional Use Permit for a Minor Auto Repair Facility in a B-4 Zone and Consideration of a V rianee from Hard Surfacinq of Parking Area - Pat Townsend. As you may recall, Mr. Pat Townsend at tlw November 16th, 1982 Planning Commission meeting, requested a conditional use permit to be allowed to operate a minor auto repair shop at his home located at 107 locust Street. Mr. Townsend was basically work- ing with transmission and radiator repairs and the Planning Commission granted the conditional use Permit on a temporary one year basis. Mr. Townsend has now re-applied for a conditional ime pomi.t to open a minor auto repair facility in a portion of the totocr Monticello Ford Garage located auro,s Lir btteet from hlu: pre.lent home. Mr. Townsend is requesting to use the former body shop portion of the Monticello Ford Garage which is located on the north end of the building which has access through the alley off of Locust Street. The sire of the body shop he will be renting from Mr. Larry Flake is 30 feet by 52 feet and would have sufficient size for at least 2 vehicles at one time. His former location was in a garage at his residence which basically had only one service stall at a time. The City ordinances require that a conditional use be granted for an auto repair facility in a e-4 zone oven though the present location was previously used as a auto repair facility. Parking requiremento an cite for thio type of busin000 would require 8 parkirol spaces consisting of 4 for the auto ropair buoinemo and 2 spaces for each stall availablu. The proposed area for parking would he on the north end of the Wilding off of the alloy and there would be sufficient upice for the Baru. An sans of you may recall, approximately 3 yearn ago after Monticello Ford moved to its new location on 1-94, the building inspector Inspected thu Monticello Ford Wilding and reconicnonded that the building not be occupied foe any bueineoo until the building wan brought up to Wilding cotes utructurally. Tlm building inapector at that time along with the City Enyincor fult that the building wan otruutura fly unsinund and would need major repairs to be nafc for other uses. The City has not allowed thu building to lar ural dor .Mir, i urpure otlior than storage since that timu but in roviewiml thu matter with tis' City Attorney. Gary Pringle, it ten cmc to our attention th,L the main concerns of On City Council arui the building inspector provioubly, roto with the old basic building aiul did not include Planning Commission Agenda - 4/1$/83 the body shop area which was added on after the original building was built. According to the City Attorney, it was his under standing that the actual body shop building where Mr. Townsend Js proposing to locate his repair facility was strnoturallp salud and was not in question at the time an order was issued to have the building brought up to standards. Mr. Townsend would only be renting the body shop portion of the dealership complex and would propose to not have any access into the other portion of the building from the body shop. Be had indicated that the doors would be locked from the body shop to the rest of the building and possibly if this conditional use is approved, it maybe should be recommended that the doors from the body shop area be permanently sealed so that Mr. Town- send would not have any access into the other portion for storage, etc. The parking areas on the proFQrty of tit,, ioriticallu Ford buildirej aro currently not hard surfaced and ,rc.wriu ry to the City ordi- nances all parking areas should be bl.n:k toppewl or concrete. Mr. Townsend along with building owner, Larry Flawe, also re- quested that a varianco be granted from hard surfacing the p" k- ing arca required for Mr. Townsend's repair facility as Mr. Flake does not wish to exlMnd any money improving the parking area as he does not know the future of the entire building. Public hearing notices have been sent to all property owners within 350 feet and as of the date this item is being prepared, no commonts have been heard from any other area property amore. P0SSIBIE ACTION, consideration of roc: Wing approval or denial of conditional use permit for an auto repair facility in the body shop area of the old H=ticello Ford building. RFPERENCESr A map depicting location of the property and a oketch of the body area of the building. Ctouncil Agenda - 4/25/83 i a 9. Consideration of Conditional Use Permit for a Minor Auto Repair Facility in ca B-4 7.ona and Consideration of a Variance frcm Hard Surfacing of Parking Area - I -at Townsend. (R.M.) and (T.E.). As you may rr-a411, Me. Pat Townsend at nhe tiivembur ll,th, 1982 Planning Co®lssion meeting, requested a conditional use permit to he allowed to operate a minor auto repair shop at his home located at 107 Locust Street. Mr. Town-;cnd was basically work- ing with transmission and radiator rept ir5 and the Planning Commission granted the conditional u•� permit on i, tccporary one year basic. Mr. Townsend has now re-applied for a a,atditional •35c larm,r to open a minor auto repiir facility in .1 portion of the former Monticello Ford Garage located acrot;u the street from his present home. Mr. Townsend is requesting to use the former body shop p.ertion of the Monticallo Ford Garage which is located on the north end of the building which has access through the alley off of Lr curt Stract. The silo of the body shop he will be ranting from Mr. 1ttty Flake is 30 feet by S2 feet and would have su[ficicnt sire for at least 2 vehicles at one time. Rio former location wan in a garage at his rosldeneo which basically had only one cervico stall at a time. The City ordinanceo require that a conditional Lase be granted [or an auto rel,air facility in e R-4 zuno even though tlw present IMat ion wail previously used ea a auto repair facility. 1-arkinq requirements on site for this tyl..• of Istsinuaa would requiro B parking spaces consisting of for the auto rapair 1,uninesa and 2 spaces ror each at.tll ay.,, lahlu. 11w ptupociA. area for parking would to on the n.,ru, enol of tlu,_ Wilding off of lhu alloy aha there would hn suf f w,out up aco lot tho earn. As Gem Lal you tang recall, apprvxicn,te,•; ) yearn ago after Monticello Ford moved to ato net+ locat.,.,, ..% 1-94, tha btaildinl in..Imctor incpactod the Munticull. F•ai tu,ltlimj at.d ttccrmn,cndr..l that the building not Lw occupi.d 1... ,u,r l.uou,euo ust,l th,• Luildiny won brought up to h•iluu.-n tot.in ativ,•turally. Tho building Intij.Kn rr at that time alcaq W" 11 the City Utgi,nett felt that tl,e building was otruvtutaiiy untuurxl and wouldi nocd ritlor repairs; to be safe for otter uct,,. Tho City has not allowed the buildiny to lu uoad fur any purpotio tither than bttirago $Inco that timo but in rovtowing the matter with the City Attotnoy, Gary Pringle, It hap coati to our attention that t tie Pain conr-elno of the City Council arra the !wilding inspector Itcviuunly, %faro with the old hnsiC Willing and did not include 4 I'ouer,il Aq!,.nla - the body shop area which was added on after the original building was built. According to the City Attorney, it was his under- ntanding that the actual body shop building where Mr. Townsend Is proposing to locate hiu repair facility was utrueutrally sound and was not in question at the time an urder was issued to have the building brought up to standards. Mr. Townsend would only be renting the buiy uhop portion of the dealership complex and would propose to not have anyaccn..s into the other portion of the building from the body shop. lie had indicated that the doors would Ic locked fr.m the hay shop to the rest of tLe building and pooaibly .l this cond,tioual use is approved, it maybe should tti, rec.mm:nded that the doors from the body shop area be permanently t:oaled so that Mr. Twn- uend would nut havu any access into Un• other portion for storage, etr. The parking areas on the pnop.urty of Lhe MonLieollu Ford hrildinq aro currently not hard suifaced and arcurding to the Caty urd.- nances all parkin areas sherild tn: blb-k '.tpped of tuccretr. Mr. Townsend along with tr.tileiing mann, 1:ttr)' Flaks, altru re- quosted that a variance bu jrantnd fro: hvd e.urf.acing the Lark- Ing area Lt.Klusred for Ms. Turn+sand'- rr•y.,.lr fauility an Mt. Flake dopa not wish to exiluod any twele}' im}roving the parking arca as he does not know the lutuce r,f the entire buildiny. Ili., planning Ctmmtaniun iccc.mm:rrk<1 rpgrtovjlof aconditiunal use permit fnt an auto cepa Lr facility in Uvi Lady uhop area of t1w uld Monticello Ford Dnildiug contGalontt ul•ont 1. That the parking areas for the btuinuno be behind the innilding unly. 7. That a variance on tho black topping and the conditional ucu permit to granted fur one year at which time It would he reviewed. J. That the old condirnunal u..0 purnit granted to Mr. Tuwnsunul be considered explrcd for an aura t.ulrair facility. 4. That the conditional u,.0 porm.l iu to lac. Tuwuocnd only at this facility. In addition to the pruvialonc: that Ur rlanntng Cotemiueton Iwo ntwillated, t thiol: it would I- trnr, to attach to th, lermit, nutitication that th.• condicional uc., it-ovli, lifted with lU or . J dayu notlec should the City or thr tIMA :,•conte th,) owner of uai.1 I,rrgurty. As yuu ewer-, it.e t.nt,re Ftako Crmg,l.r i•, part .n tl.e rv,1,vvlopanent hoes and wuuldlk , v,lnthle 1,,o, of It q.tr-, r*,.Li i.or.0 tax im,romeut IIranr.ng m, -,w -.Id we have , dev.l ,en. G.un� i 1 Ayuiula - 4/21,/111 I would hate to see thn opf-orcnn.ty to " ,ftu :, mt;a,. Jucc;e;,- ment bn otallod because I4r. T„wnc:vw1 ....: l :M.: 1— tv ;. 1,n hie conditional use for his rad iatur rel -air c ,,:p, r. rare] linq the conditional uac is about th, only w,ry wt- nald e,�ntrul the u:.e of the building. Rogardlesc of the 1c•,.•;u, of thrs loo:;e I,e may enter with the present omer, if the permit were lifted at the time the City purchased the property, Mr. Irwnsend could not conduct any business an the site. Should he lose the right to conduct his business, I am assuming that he would be more than happy to move back to his original site so he could con- tinue his work. RECOMMMED ACTION: Based on the recommendations of the Plan- ning Commission, I el so recommend that the cnadit ionel use be granted, but that all of the conditions stated by the Planning Commission as well as a notification provision be included and attached as part of t14e permit. REFERENCES: A map depicting location of the property and a sketch of the body chop area of the building. 21 -1]- AGENLA SUPPLEMENT Below is a sucgested list of reculations for an ordinance amendment to allow flea markets as a conditional use in a B-3 zone. Plarning Ccemission membere may have suggestions for additions or deletions. Flea Market defined as designated ares for the sale of merchandise goods and efiblo food products. Items for Sale: A. Clean used merchandise. B. New hand -made craft items. C. Food that is not to be consumed on the property. Size of Sales Spaces A. 8' x 12' sales area maximum. 1. Minimum area allowed but not more than two vendors in maximum area. B. 8' front foot area. 1. Maximum of two vLndorn allowed per front foot area. Parking Space Required: A. 6 spaces per vendor. B. 0 spaces por vender apace if shared by two vendors. C. Rardourfaced and concrete curb end gutter. Rest Room FaeilitiCU: A. On site rootroom facility for beth sexes or B. Approval to use restroom facilition on abutting property. sanitation Facilitleai A. Screened off area for garlagc disposal. B. Oartago dumpotor. Prcperty Lino Sotbackoi A. Minimum lot width - 100 ft. D. Minimum lot doEth - 150 ft. C. Minimum lot area - 15.000 ay, ft. D. Front yard setback - 30 ft. F. Side yard setback - 20 ft. F. Roar yard notback - 30 ft. O. Maximum vendor area - 30%. excluding parking. Other t Oporater rcoponoiblo for prnviutunj of ordinance regulating tranoiont merchants. u Planning Commission Agenda - 7/5/83 7. John Sandberg - Proposed Subdivision of City Lot to Allow for Construction of Two Single Family Houses. Mr. Sandberg would like to subdivide the westerly 21 2/3 feet cf Lot 4, all of Lot 5, Block 7, Lower Monticello Addition. This being a lot next to the river, right off of east River Street, the requirements for subdivision of the lots would be that the residential lot facing towards River Street would be a minimum of 12,000 square feet, which he does have, and the lot to the rear that would be off of the river has to maintain a minimum of 15,000 square feet in size. Mr. Sandberg exceeds that minimum amount of setbacks, sideyard, rear yard and front setback and would be adhered to within his proposed subdivision of the front lot. On the rear lot, the sideyard, the front yard, rear yard setback, and setback off of the river would be adhered to also within his proposed simple subdivision. The minimum front footage of tho lot is exceeded here also with the minimum being 80 feet and he has 107.66 feet. The service to the front lot off of River Street would be serviced by an existing service line out into the street. However, service to the rear property lot would be serviced by a 10 foot ease- ment granted along the front property lot line to the east side of the lot extending through the rear lot line of the front property. Along this casement line would be the water and sewer linea to service the rear subdivided lot. Entrance for the front lot would be off of River Street and entrance to the rear Lot would be off of Now Strcot. Now Street has not been vacatod therefore it ie atill a developed city street. We have other houses along cast River River here that also use our city street as a driveway to service one lot or two residential lots, therefore, waiving the right to have a now street put in with curb and gutter. Enclosed photos at Tuesday night's meeting will show other instances where this has taken place in the City. POSSIBLE ACTIONt Approval or denial of a simple subdivision of a ronidontial lot in the City meeting the zoning require - menta. REFERENCESi A map dopicting the location of the lot, a of to plan showing the proposed subdivision of the lot. Photou to W presented at Tuesday night'o meeting. ` o .,`f V < w // ... 11 • ..,#• IS - lei Ob � `�. ♦ err, �� \r • : f o 17 a D �1 5ewt4 A� loelt, Ease oal 1101, Rog Lot /45 /