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Planning Commission Agenda Packet 10-16-1979MINUTES REGULAR MEETING - MONTICELL0 PLANNING COMMISSION Tuesday, September 18, 1979 - 7,30 P.M. Members Present: James Ridgeway, Dave Bauer, Ed Schaffer, Fred Topel, Dick Martie. Loren Klein (ex -officio) Members Absent: None The regular meeting of the Monticello Planning Commission was called to order at 7:30 P.M. by James Ridgeway, Chairman. 1. Approval of Minutes. The Minutes of the Special Meeting of September 4, 1979 wore unanimous- ly approved as presented_ 2. Conditional Use Permit for a 24 -Unit Apartment Buildine - Construction 5. Construction 5, Inc. has applied for a conditional use permit to construct a 24 -unit apartment building on a portion of Block 43, Lower Monticello. Construction 5 recently purchased Blocks 43, 42, 41, 46, 47, 48, 49, 53, 52, 51 and 50, otc. from Earl Malone. This property is located south of the railroad tracks near the Nursing home. Current toning of Block 43 is R-3. During the first phase of the development, Construction 5 is planning to build a 24 -unit, A story apartment building consisting of seven 1 -bedroom unite, eleven 2-bodroom unite and six 3 -bedroom units. The plat plan sub- mittod indicates three additional buildings proposed in the future consio- ting of 52 units. Mr. Loon Martin, of Construction 5, presentod his plana for a 24 -unit apart- mont building on Parcel "A" of the proposed apartment complex on Block 43 in Lower Monticello. Mr. Kenneth !lolker, representing the Tmcra of 11olker'n Hillside Addition, exprooned hin client's opposition to a 24 -unit apartment building, stating two 12 -unit buildings would he more acceptable. Nancy Kano expreaned her opposition to any apartment building on that pro- perty becouno of the increased traffic. Mr. Gordon Jaeoboon, representing the Nursing Homo Board wan concerned about many items, as listed helows 1. Concerned for the safety of their residents, visitors and staff with the increased volume of traffic that would be generated with the extension of Washington Streot anti the proposed apartment building. 2. Increased density of population will have a definite impact on the traffic patterns. 3. Concern for the aoathatic value of the proposed housing in relation to the neighborhood. /A t AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, October ]d, 1979 - 7,30 P.M. Memberse James Ridgeway, ::, Dave Bauer, Ed Schaffer, Cc :-Map" . Loren Klein (ex -officio). ✓ 1-A. Approval of Minutes - Regular Meeting of September 18, 1979 V1 -B. Public Nearing - Consideration of Recomending Approval of a Preliminary Subdivision Plat - Curtis Hoglund. ✓2. Public Hearing - Consideration of Request for Conditional Use for Townhouses - Curtis Hoglund. �. Consideration of a Variance Request - Lori Vogt. .J WL. �r Q� LL �� L� AGENDA SUPPLEMENT 1-B. Public Hearing - Consideration of Recommendinq approval of a Prelimin- ary Subdivision Plat - Curtis Hoglund. Mr. Curtis Hoglund has submitted a request to subdivide the property where Curt's Storage and Sales is located on East Broadway. This property is zoned R-3 and B-4 and is approximately 10 acres in size. A parkland dedication or cash contribution would have to be made as per ordinance. The first draft of the preliminary plat,which will be named Macar- lund Plaza, was submitted to our City Engineer, John Bad Itch, and came back with the following comments, A. Monticello Ordinance Section 11-4-1(A)2 requires a boundary survey that ties into the Government Subdivision corners. B. Sections 11-4-1(B)4 6 5 refer to locations of existing property, right-of-way, etc. within a distance of 350' of the proposed plat. The houses on the Morris Hoglund and Hoglund Addition should be sham. The lots on the north side of Mississippi Drive which would include Lots 5 through 13, Block 1, and Lots 1 through 5, Block 2, Hoglund Addition, should also be shown with the owners' names. Note that Hoglund Addition to incorrectly spelled. C. Sections 11-4-1(B)2 6 7. A grading plan (not included) should be prepared especially for the townhouse area as some stoop grades will be encountered on the north aide. D. Section 11-4-1(B)B relates to the sower and water system. The availability of sower and water to the plat wan discussed at the City Council meeting on August 13, 1979. The agenda supplement for that meeting fairly well sots forth alternatives for providing sower and water service to the proposed plat. (A copy of that portion Of the supplement to enclosed for Planning Commission reference.) The owner of the property was mods aware of those comments and require - mento, and a occond draft of the preliminary plat wan submitted to our City Engineer for his rocoomendations. At the timo of thio writing, however, there have been no further commento from Mr. Badalich. It does appear, though, that the second draft of the preliminary plat does include those items called to our atten- tion by the engineer. If he has any further comaonto to make, they will be available at the time of the meeting on Tuesday, and could be included as a contingency of roccconanding approval of thin preliminary plat of Macarlund Plaza. LL POSSIBLE ACTIONi Consideration of recaoaaonding approval or denial of this subdivision request. REPERENCEO, Map showing general location] preliminary plat which to enclosed and latter from John Bad Itch. Also, portion of 8/13/79 Agenda GUpplement. APPLICAWa Curtis Hoglund c. .60 PLANNING COMMISSION - 10/16/79 2. Public Hearing - Consideration of Request for Conditional Use for Townhouses - Curtis Hoglund. In reference to Item 1, Mr. Hoglund is also making application to develop townhouses on all of the Macarlund Plaza property except Lots 1 - 6 of Block 1. All of the lots on Block 2 through 11 and Outlot A would be involved in the townhouses. Basically, a townhouse would be located on one of the lots of Block 7 through 11, which would have an attached garage. Along with the townhouse, there would be a single detached garage on one of the lots an Block 2 through 6. As per Monticello ordinance, an association agreement has been pre- pared by Mr. Hoglund's attorney, which outlines maintenance agree- mente for the common ground on the development, and other joint owner- ship requirements of those owners within the townhouse development. j Gary Pringle, the City Attorney, has given his preliminary approval to the document, but may have one or two comments for Tuesday night's meeting. Yi POSSIBLE ACTION, Consideration of recommending approval or denial of this conditional use request. Y REFERENCES( Sarno as in item 1 above, and an enclosed copy of the Association Agreement. 3. Consideration of a Variance Recrueot - Lori Vogt. Lori Vogt, on behalf of a client who wishes to remain anonymous at this time, has applied for a variance to allow an individual to operate a beauty shop within their own home. Located on A of Lot 3 and all of Lots d c 5, Block 38, Lower Monticello. This property is presently owned by Ralph !(iffmoyor. Zoned R-2. Beauty shops are ° allowed in a 9-1 zone. 4 A home occupation is defined as follows( 'Any gainful occupation engaged in by the occupants of a 7,,1 dwelling at or from the dwelling. Such activity shell be clearly incidental and secondary to the residential useof the promises. Pormiooable home occupations onall notinclude the conducting of a retail busin000 other than bymail, manufacturing business, or a repair chop of any kindon the premises, and no stock in trade shall be kept or sold. No other then poracno residing an the promisor shall be employad, and no mechanical equipment shall be employed that is not cus- tomarily found in the home and no more than one (1) room may be devoted to home occupation use. Such home occupation shall not require internal or external alterations or involve construction features not customarily found in dwellings. The entrance to th( - 2 - PLANNING COMMISSION - 10/16/79 space devoted to such occupations shall he within the dwelling. There shall be no exterior display, no exterior signs except as allowed in the sign regulations for the zoning district in which such home occupation is located. There shall be no exterior stor- age of equipment or materials used in the home occupation. No home occupation shall be permitted which results in or generates more traffic than one (1) car for off-street parking at any one given point in time. Permissable home occupations include, but are not limited to the following: Art Studio, Dressmaking, Special Offices of a Clergyman, Lawyer, Architect, Engineer, Accountant, or heal Estate Agent or Appraiser, when located in a dwelling unit occupied by the samei and Teaching, with musical, dancing and other instruc- tion limited to one (1) pupil at one time." A variance would be necessary to allow mechanical equipment other than normally found in the home, and a sign is also requested. If the variance were granted, the prospective owner would agree to a condition of the variance which would allow only the owner to work in the shop. At this time, there have been no comments pro or con offered by any affected neighbor. POSSIBLE ACTION, Consideration of recommending approval or denial of this variance request. REPERENCESi Map enclosed depicting location of property. OR eo 01 r 1' ADDITIONAL SUPPLEMENT Consideration of Approval of Simple Subdivision of Land - Troy Chaplin and Lawrence Hoyt. Mr. Troy Chaplin, who owns Lot 1 of Block 1 in Hoglund Addition, and Mr. Lawrence Hoyt who owns a lot immediately to the east of Mr. Chaplin, would like to exchange portions of their lot to resolve a problem which came about after it was found out that Mr. Hoyt's driveway was on part of the land owned by Mr. Troy Chaplin. Mr. Hoyt has agreed to exchange a triangle parcel from his lot which is approximately 1,675 square feet and depicted on the enclosed map and described as follows; That part of Lots 1 and 14, Auditor's Subdivision No. One, accor- ding to the recorded map thereof of record and on file in the Office of the County Recorder, Wright County, Minnesota, described as follows, Commencing at the northeast corner of Section 13, Township 121, Range 251 thence south along the east line of said Section 13, a distance of 297.3 foot to the center of State Aid Road Number 39 thence west along the center of said State Aid Road Number 39, to the southeast corner of Hoglund Addition, according to the recorded plat thereof of record and on file in the Office of the County Recorder, Wright County, Minnesotal thence north along the east line of said Hoglund Addition to the southeast corner of Let 1, Block 1 of said Hoglund Addition; thence continuing north along said cast line, a distance of 82.13 feet to the actual point of beginning; thence northerly deflecting lie 03' 31- right to the shoreline of the Mississippi River; thence westerly along said shoreline to the intersection of paid east line of Hoglund Addition; thence south along said east line to the point of beginning. In exchange for this parcel, Mr. Hoyt would pick up a triangle parcel which would be approximately 700 square feet, and described no follows, That part of Let 1, Block 1, Hoglund Addition, according to the recorded plat thereof of record and on file in the Office of the County Recorder, Wright County, Minnesota, described as followos Beginning at the southeast corner of said let 1, thence westerly along the south lino of said Let 1, a distance of 16.00 foot; thence northerly to a point on the cast line of said Lot 1, distant 82.13 fact north of the southeast corner of said Lot 1; thence oeuth along said east lino to the point of beginning. According to Monticello Ordinance Section 11-1-7, this qualifies as a simple subdivision and only needs the recomsendation of the Planning Commission and final approval by the City Council with proof that it has boon proporly recorded for acceptance. This exchange would neither reduce anybody's lot size loss than the minimus requirements, nor would it reduce the minimum width that is required by ordinance. In fact, it would actually resolve a current legal non -conforming use in that Mr. Ibyt'a halo now is loos than 10' from his sidoyard line, and this sub- division would actually place the property lino at its closest point 1117" from hie newly created property line. POSSIBLE ACTION+ Consideration of recommendation to the City Council of the single subdivision. Enclosed plat map depicting exchanges of land. s1 F, /A eel 9.1-je to,AO'& 1, Ij eir Ntv N PLANNING COlKISSION MINUTES - 9/18/79 The developer was asked if he had any comments on building two 12 -unit apartment buildings as opposed to one 24 -unit building. He stated he would prefer only one 24 -unit building since construction costs would be higher for two 12 -unit buildings. After discussing the subject, and with the approval of the developer, a motion was made by Fred Topel and seconded by Ed Schaffer to recommend approval of a 24 -unit apartment building on Parcel 'B' of the proposed building project. Voting in favors Fred Topel, Jim Ridgeway, Ed Schaffer, Dick Martie. Opposedt Dave Bauer 3. Public Hearing on Ordinance Amendment to Adopt Recently Revised Federal Requlationa regardinq the National Flood Insurance Program. In order to continue its eligibility in the National Flood Insurance Program, the City of Monticello must adopt Flood Plain Regulations which have to be revised to contain certain criteria. By continuing its eligibility in the National Flood Plain Insurance Program, residents of Monticello have the opportunity to obtain flood insurance for their homes and busi- nossoo. It should be noted that our current ordinance on Flood Plain Districts is being proposed to be completely deleted since the new regulation covers the eamo area along with the revisions promulgated by the National Flood Insurance Program. As with all toning ordinance amondments, a public hearing is necessary before the Planning Commission. There was some concern about this regulation being rotro-active, but It was pointed out that the ordinance would apply only to future develop- ment. Motion was made by Dave Bauer, seconded by Fred Topel and unanimously carried to recommend adoption of this revised ordinance. Meq adjourned. Lor o� D. Klein Bullring Official LDK/ns 2 I -A ORR•SCNELEN-NIAYERON Et ASSOCIATES INC. Consul:r'irry fngrnccis Division of Kidde Consultants, Inc. L , u ul .Survuvors September 24, 1979 MrLoren D. Klein Building Official City of Monticello 250 East Broadway Monticello, Minnesota 55362 Re: Preliminary Plat Macarlund Plaza Dear Loren: The preliminary plat of Macarlund Plaza received by our office has been reviewed by my staff. The following are our comments based on Monticello's subdivision ordinance, Section 11-4-1: 1. Section 11-4-1(A)2 requires a boundary survey that ties into the Government Subdivision corners. 2. Sections 11-4-1(B)4 6 5 refer to locations of existing pro- perty, right-of-way, etc. within a distance of 350' of the pro- posed plat. The houses on the Morris Hoglund and Hoglund Addi- tion should be shown. The lots on the north side of Mississippi Drive which would include Lots 5 through 13, Block 1, and Lots 1 through 5, Block 2, Hoglund Addition, should also be shown with the owners' names. Note that Hoglund Addition is in- correctly spelled. 3. Soctions 11-4-1(B) 2 5 7. A grading plan (not included) should be prepared especially for the townhouse area as some stoop grados will be encountered on the north side. 4. Section 11-4-1(B) B relates to the sower and water system. The availability of sewer and water to the plat was discussed at the City Council meeting on August 13, 1979. The agenda supplement for that meeting, attached hereto, fairly wall sets forth alternatives for providing sower and water service to the proposed plat. / -,B d a Mu,nvapolis, Minnesntn 55413 Mr. Loren D. Klein September 24, 1979 Page Two This concludes our comments regarding the preliminary plat of Macarlund Plaza. One set of marked up plans are enclosed and returned for your review and the other copy has been retained by our office. Yours very truly, ORR-SCHELEN-MAYERON ASS IA S ohn P. Badalich, P.E. City Engineer JPB/99 Enclosure ccs Mr. Gary wiebor, City Administrator Mayor-Rohlin, Inc. COUNCIL AGENDA - August 13, 1979 6. Consideration of Sewer and Water Utilities Petition Received from Curtis Hoqlund. A petition was received from Curtis floglund requesting that sewer and water be extended to his property, located at the corner of County Road 75 and East County Road 39 (currently Curt's Storage and Sales). Mr. Hoglund plans to development the northerly portion of his property into Townhouse -type dwellings. Although the property has not been subdivided yet, Mr. Hoglund filed the petition in order to get an idea as to whether or not sewer and water services could be made available to his property. According to the proposal presented, (see attached plat layout) future plans would call for approximately five 6 -unit townhouse structures with each owner of a townhouse being an owner of the cosm.on ground area. At the present time, the property is zoned R-3 where the townhouses are proposed to be developed, and representatives of Mr. Hoglund have indicated that they would probably just be dividing the parcel into two parcels by a certificate of survey. Mr. Hoglund has been informed that the deadline for petitions of such nature was January 1, 1979 for any construction to be considered during 1979, but Mr. Hoglund is proposing to install his own sewer and water laterals from Mississippi Drive through an easement on Gots abutting Mississippi Drive. In reviewing this item with City Engineer, John Badalich, Mr. Badalich felt that nerving this parcel is a possibility by extending sewer and water through an easement up the hill from Misaineippi Drive. The second alternative would be to extend sewer and water westerly along County Road 39 from its present ending point on Mississippi Drive. Thr second alternative would requite a 4/9.1s Council vote as less than 359 of the property ownets actually petitioned for the improvement. In additiun, a feasibility study would have to be cog1letud and more than likely nut be considered until 1980 along with other petitions as a bond would probably have to be floated to cover the coat. The first alternative of servicing the property with sewer and water from Mianioeippi Drive through an easement on Mr. I"lund's property could be accomplished similar to what Marvin George did in Balboul Estates. If Mt. Hoglund is willing to install the improvements himself, it would appear that the City would not have to gel involved in any financing, etc., as It would all be done on private property. According to Mr. Dadalich, sewer cervico for proposed townhouco dwellings would be adequate this way, but there may be a slight water pressure problem because of the higher altitude of the Hoglund Property compared to Mississippi Drive. Representatives of Mr. Hoglund were made aware of this fact and they did indicate they would he willing to install booster pumps in each townhouse unit t to provide adequate water pressure. Should the Council approve servicing Mr. Hoglund'a property from Mississippi Drive, some type of plan should be prepared for review by the City Engineer, and also the City Cnginoer should do the actual inspection of the improvement. If Lite property owner decided to have the City's /-6 I COUNCIL AGENDA - August 13, 1979 Engineering firm of Orr-Schelen-Mayeron & Associates prepare plans and specifications for the service, some sort of an agreement would have to be worked out whereby the property owner would deposit with the City the estimated amount of the engineering fees. The City then in turn could pay Orr-Schelen-Mayeron for the preparation of any plans and specifications necessary. Additionally, if Mr. Hoglund is allowed to provide his own water and newer service to his property, it should be pointed out that future plans Por this area may include future water and sewer lines along County Road 39 and/or Highway 75, that would abut the balance of Mr. Hog`und's property. As a result. Mr. Hoglund should be made aware that he may possibly have future sewer and water assessments placed against his property and that this service stub coming from Mississippi Drive would not relieve him of future assessments should other improvements be made abutting his property. POSSIBLE ACTION: Consideration of whether it not to allow Mr. Hoglund to construct his own sewer and water improvements from Mississippi Drive to his property, or whether to con- sider a petition for sewer and water as part of next years sewer and water improvements. REFERENCES: Copy of certificate of survey and proposed area to be developed. 7. Consideration of Final Payment on SealCoatinq Project - 79-1SC. Batzer Construction Company, contractor on the 79 SealCoating project, requested that the final payment in the amount of $1,298.46 be approved by the City of Monticello. The sealcoating project was completed in approximately two days time, but l0% of the total contract. was withheld until the City could complete the sweeping of the excess rocks off of 'the streets. ! The street sweeping process has been completed by City personnel anti the project was inspected on Friday, August 10. it is the recommendation of the Public Works Director, John Simola, that the project be accepted and that final payment be made to Batrer Construction Company. The total project tout for sealcoating would total $12,994.64. POSSIBLE ACTIONm Consideration of approval of final payment.. 8. Cmsidoration of. City Accenting Utilities Inntalled under 1978-2 Improve- ment Projoct - Balboul Estates. An you will recall, Marvin George Builders of Princeton, Minnesota, developer of nalboul Eotates plat, entered into a development agreement with the City of Monticello to allow him to inotoll hio own sewer and water and street improvements in Balboul Eatatca. Part of the M7'iC I TOWNHOUSE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made this day of , 1979, by Macarlund, Inc., a Minnesota corporation (hereinafter called Developer), WITNESSETH: WHEREAS, Developer is the owner of the real property described in Article II of this Declaration, and desires to create thereon a residential community with permanent parks, playgrounds, open spaces and other common facilities for the benefit of said community, and WHEREAS. Developer has caused to be incorporated TOWNHOUSE PLAZA, INC. under the laws of the State of Minnesota as a non—profit corporation, to which shall be assigned the powers and duties of maintaining and administering the common areas and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created, NOW. THEREFORE, the Developer hereby declares that the real property described In Article 11 and such additions hereto as imay hereafter be made pursuant to Article 11 hereof is. and shall be held, transferred, sold, conveyed and occupied, subject to the covenants, restrietlnns, easements, charges and liens hereinafter set forth. ARTICLE 1. DEFINITIONS Section 1. The following words, when used in this Declaration, or any supplemental Declaration (unless the context shall prohibit) shall have the. Iollowing meanings: a. Association shall refur to Townhouse Plato. Inc. b. Common areas shell refer to Dutlot "A" of Macdclund Plato according to tho recorded plat thereof. c. Lot shall refer to any lot together with the Improvements thereon except common areas. d. Owner shall refer to holder of the fee simple absolute, contract vendee, life tenant or lessee under a lease having a term of toorc than three years, or any combination thereof. e. Member shall refer to a member of the Association as provided in Section 1. Article III hereof. f. Developer shall refer to Macarlund. Inc., its successors and assigns, if such successors or assigns should acquire more than one undeveloped lot from Macartund. Inc. for the purpose of development. S. Recreational facilities shall refer to structures, buildings and personal property. whether attached or detached from the common areas, acquired by the Association for the use and enjoyment of owners including but not limited to tennis courts, swimming pools, golf course, golf putting green, greenhouse, and structures located upon the corruson areas. if any. h. Capital improvement shall refer to any construction of, reconstruction of, substantial alteration of. substantial repair of, or substantial addition to the physical amenities on the common areas. except that installed or constructed by the Developer at its expense and except work performed by govermxntal bodies. i. Mortgage shall omen and refer to any mortgage of record or other security instrument by which a lot or any part therenf is encumbered. J. Mortgagee shall mean and refer to any person naryed as mortgagee under any such mortgage or any successors with an interest of such person under such mortgage. ARTICLE 11. PROPERTY SUBJECT TO THIS DECLARAT1ON1 ADDITIONS THERETO Section 1. Existing Property. The real property which is and shall be hold, transferred. sold, conveyed and occupied subjert to this Declaratinn is located in the City of Monticello. County of Wright, and Scatu of Minnesota, and is more particular described ss followst All Lots and Common Areas Located Ytinin the -Plat of Mucarlund Plaza - all of which real property shall hereinafror be referred to on Existing Property. -2- Q. Section 2. Additions to Existing Property. Additional lands may become subject to this Declaration in the following manners a. Additions in accord with a General Plan of Development. The Developer, its successors and assigns, shall have the right to bring within the plan of this Declaration property located in Macarlund Plata• Minnesota. Such General Plan shall not bind the Developer to make the proposed additions or to adhere to the plan in any subsequent development of said land. The additions authorized under this, and the succeeding subsection, shall be made by the filing of record a Supplementary Declaration of Covenants and Restrictions with respect to the additional property which shall extend the plan of the covenants and restrictions of this Declaration to such property. Such Supplementary Declaration shall Containsuchcomplementary additions and modifications of the covenants and restrictions contained in this Declaration as may be necessary to reflect the different character. if any. of the added properties and as are not inconsistent with the plan of this Declaration. In no event. however, shall such Supplementary Declaration revoke. modify or add to the covenants established by this Declaration within the Existing Property. ARTICLE III. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION Section 1. Members. The qualifications of members and the manner of their admission into the Association shall be as follows a. An owner shall by virtue of such interest be a member of this Association. b. When one or more persons is an owner of a lot. all such persons shall be members. c. It shall be the duty of each owner to register his name and the nature of his interest with the Secretary of the Association. If the owner does not register his interest. the Association shall be under no duty to recognize his ownership. d. The owners of each lot shall be collectively entitled to one vole. -3- e. When there is more than one owner of a lot, the vote shall be cast by the person named in a certificate signed by all owners of the lot and filed with the Secretary of the Association. Such certificate shall be valid until revoked by a subsequent certificate. f. The share of an owner in the funds and assets of the Association cannot be assigned, pledged, encumbered or transferred in any manner, except as o n appurtenance to his lot. ARTICLE 1V. PROPERTY RIGHTS IN THE COMKON AREAS Section 1. Member's Easement of Enjoyment. Every member shall have the following nonexclusive appurtenant easements: a. Ingress and egress. b. A utility easement, an easement for voter and sever. c. Parking privileges. d. Right of overhang and encroachment of improvements on a lot vhich are not inconsistent with the use of the common areas by other members. e. Right and easement of enjoyment for recreational purposes. Section Z. Title and Improvements to Common Areas. The Developer shall convey and record marketable title to the common areas to the Association prior to the conveyance of a fee title to any lot. Developer covenants and agrees with the Association that it will make and pay for all Improvements as set forth in the plans and specifications on f ile with the Association and delivery of the Deed shall not constitute release of Developer from the obligation to perform such obligations. Developer and Che Association shall formulate and reduce to writing a procedure for acceptance by the Association of the work to be performed pursuant to said plans and specifications. The Association shall file in the office of the Register of Deeds a release of the Developer upon Developer having fulfilled Its obligations to improve the common areas. Until the Developer has completed the work as set forth in said plans and specifications. Developer shall have the right to enter upon the common areas for the purpose of completing such work. —4- Lim Section 3. Extent of Members Easements. The rights and easements of enjoyment described herein and the title of the Association to the common areas shall be subject to the followings a. The right of the Association, in accordance with its Articles and Bylaws, to borrow money for capital improvements on the common areas, and in aid thereof to mortgage the common areas and the rights of such mortgagee in the common areas shell be subordinate to the rights of the members hereunder. No indebtedness authorized by this subsection shall exceed twice the sum of the annual assessment levied or permitted to be levied against all lots. b. The right of the Association to take such steps as are reasonably necessary to protect the common areas against foreclosure. e. The right of the Association, as provided in its Articles and Bylaws, to suspend the enjoyment rights of any member for any period during which any assessment remains unpaid, and to suspend the said enjoyment rights for any period not to exceed sixty (60) days and to impose a fine not to exceed Five Dollars (:5.00) for each infraction of its published rules and regulations; provided, however, that nothing contained in this paragraph 3c shall be deemed to deny an owner easement for access and utility purposes. d. The right of the Association to charge reasonable admission and other fees for the use of the common areas. e. The right of the owner of each lot to an exclusive easement on the common areas to areas occupied by fireplaces. roof overhangs, air conditioning compressors, flower boxes, decks, balconies. and other appurtenances which aro part of the original construction of any improvement or which are added pursuant to the provisions of Article IX Hereof. f. The right of individual members to the use of parking spaces as provided in Article V hereof. Section 4. Delegation of Use. Any owner may delegate. in accord with the Bylaws, his right of enjoyment to the common areas ana fact lit ies'to his tenants who reside on the property and to members of his family and his guests. Section S. Taxes and Special Assessments on Common Areas. The Association shall have the right. power and authority to collect such levies as part of the 5Z -8 ♦491l- _J annual assessmene, if such taxes and special assessments are not collected by the governmental body from the owners or paid by the owners to the govern - [cental body when the same is due and payable. Section 6. Use of the Common Areas. The common areas shall be used strictly in accordance with the easements granted thereon. Except as herein provided, no owner shall obstruct or interfere whatever with the rights and privileges of other owners in the common areas and nothing shall be planted, altered, eomstrueted upon or removed by an owner from the common areas. except by prior written consent of the Association. If an owner shall violate this section, the Association shall have the right to restore the common areas to its prior condition and assess the cost thereof against the owner who violates this section and such cost shall become a lien upon the lot of such owner, which shall become due and payable upon demand. The Association shall have the right and powers to collelt the cost of such restoration as provided in Article V1 for the collection of delinquent annual assessments. If an owner interferes with the rights and privileges of another owner in the use of the common areas. except as herein provided, the Association or the owner may commence an action to enjoin such interference and the prevailing party shall be entitled to recover such reasonable attorneys' fees as the court may allow together with all necessary costs and disbursements incurred in connection therewith. ARTICLE V. RIGHTS AND OBLIGATIONS OF THE ASSOCIATION Section 1. Common Areas. The Association, subject to the rights of the owners act forth in this Declaration, shall be responsible for the exclusive 1 management and control of the common areas and all improvements thereon J (including furnishings and equipment related thereto) and shall keep the same fn good. clean, attractive and sanitary condition, order and repair. The Assoctation shall be responsible for the maintenance and repair of exterior surfaces of all buildings in llstarlund Plaza including. without limitation, the painting of the same as often as necessary, the replacement of trim and caulking, the maintenance and repair of roofs, gutters, downspouts and overhangs; .i the maintenance and repair of all common areas. The Association shall have -6- C the right to enter upon the lots for the purpose of maintaining the common plumbing, sewer and utility lines. Section 2. Services. The Association may obtain and pay for the services of any person or entity to manage its affairs, or any part thereof, to the Decent it deems advisable, as well as such other personnel as the Association shall determine to be necessary or desirable for the proper operation of Macarlund:.Plaza: whether such personnel are furnished or employed directly by the Association or by any person or entity with whom or which it contracts. The Association may obtain and pay for legal and accounting services necessary or desirable in connection with the operation of Macarlund Plaza or the enforcement of this Declaration. The Association may arrange with others to furnish water, trash collection. sewer service and other common services to each lot. Section 3. Personal Property for Common Use. The Association may acquire and hold for the use of all of the members tangible and intangible personal property and may dispose of the same by sale or otherwise. Such beneficial interest shall not be transferable except with the transfer of a lot. A transfer of a lot shall transfer to the transferee ownership of the transferor's beneficial interest in such property without any reference thereto, each member may use such property in accordance with the purpose for which it is intended. without hindering or encroaching upon the lawful rights of other members. The transfer of title to a lot pursuant to -foreclosure shall entitle the purchaser to the beneficial interest in such personal property. Section 4. Rules and Regulations. the Association may make reasonable rules and regulations governing the use of the lots and of the common areas. which rules and regulations shall be consistent with the rights and duties established in this Declaration. Section S. Parking. The Association shall maintain upon the common area vehicle parking spaces conveniently located for use of the owners, members of his family, tenants and their guests. No one shall use these parking spaces for parking or storage of boats, snowmobiles, trailers or camping vehicles. J The Association may from time to time establish additional rules and regulations concerning the use of these parking spaces and may cause to be towed from the common areas improperly parked vehicles at the owner's expense. ARTICLE VI. ASSESSMENT'S Assessments against the members shall be levied by a majority vote of the Board of Directors of the Association and paid by the members of the Association In accordance with the following provisions: Section 1. Both annual and special assessments shall be fixed at a uniform rate for all lots. Section 2. Any assessment for alterations or additions to improvements of the common areas involving an expenditure of 11.000.00 or more shall first be approved by a two—thirds vote at a special meeting called for such purpose. Section 3. Each member shall be liable for his share of common expenses. and any common surplus shall be allocated to each lot. Section 4. All assessments. both annual and special. shall become a lien upon the lot on the date they become due and payable. Annual assessments for common expenses shall be made for the calendar year annually in advance on or before the second Monday in December of the year preceding that for which the assessments are made, and special assessments at such other additional times as in the judgment of the Board of Directors, additional common expenses assessments are required for the proper management, maintenance and operation of the common areas. Such annual assessments shall be due and payable in twelve equal monthly installments commencing on the lot day of January and the let day of each and every month thereafter. J Spacial assessments shall be due and payable as determined by the Board of Directors. If an annual assessment is not made. there shall be an assessment In the amount of the last prior annual assessment which shall be due and payable as above sat forth. Section S. The assessments against all lots shall be not forth upon a roil of the lots which shall be available in the office of the. Association for inspection at all reasonable timen by members or their duly authorized a -g- representatives. Such roll shall indicate for each lot the name and address. of the members, the assessments for all purposes and the amounts of all assessments paid and unpaid. A certificate made by the Association as to the status of a member's assessment account shall limit the liability of any person for whom such certificate is made. The Association shall issue such certificates to such persons as a member may authorize in writing. Section 6. Assessments and installments thereof paid on or before ten (10) days afteer the date when due shall not bear interest, but all sums not paid on or before ten (10) days after the date when due shall bear interest at the rate of eight percent (8i) per annum from the date when due until paid. All payments upon account shall be applied first to interest and then to the assessment payment first due. All interest collected shall be credited to l the common expense account. Section 7. No &ember may exempt himself from liability for his contri- bution towards the common expenses by waiver of the use or enjoyment of any of the comaon areas and facilities or by the abandonment of his. lot. Section S. All sums assessed by the Association shall constitute a lien on each lot on the dates hereinbefore specified which shall be prior to all other liens except onlys Tax liens and liens for special assessments in favor of any taxing and assessing unit, and all sums unpaid on any first mortgage recorded prior to the date the sums assessed by the Association become a lien. Such lion may be foreclosed by action in like manner as a foraclonure by action of a mortgage on real property. The Association shall have the power to bid in at foreclosure sale. and to hold, lasso, mortgage and convoy the of so acquired. An action to recover a money judgment for unpaid common expenses may be brought. The purchaser at foreclosure sale of a first mortgage of record and his successors in interest shall upon expiration of the period of redemption, hold title to the lot free and clear of any existing lien for assessments arising subsequent to the recordation of said first mortgage, and such purchaser and his successors In interest shall not be personally liable for such osseasments. Any such unpaid assessments shall thereupon be spread over and become a lien on all lots in equal shares. -9- i-8.a J ARTICLE VII. COVENANTS FOR INSURANCE Section 1. Maintenance of Insurance. Any owner of any improved lot, by acceptance of an interest, whether or not expressed, covenants to carry, maintain and timely pay the premium or premiums on a policy of fire, extended coverage, vandalism, and malicious mischief with all risk endorsement insurance. Said insurance is to cover at a minimum the entire replacement coat of the improvement located on each such lot. Said insurance shall be in the form satisfactory to the Association and shall be issued in the name of the Association as insurance trustee for the owner, and shall provide that losses shall be payable to the trustee and the mortgagee of record of the lot . if any. Notwithstanding any of the above, the Association may elect to secure a master policy which provides for such insurance. Said master policy shall be issued in the name of the pssocistion as insurance trustee for the owners, and shall provide that losses shall be payable to the trustee and mortgagees of record. if any. Section 2. Association as Insurance Trustee. In the event of destruction or damage by causes covered by insurance referred to above. all proceeds of said insurance coverage shall be payable to the Association as insurance trustee for the owner of the damaged lot and to the mortgagee of record of the damaged ' lot. Said insurance proceeds shall be applied and administered as followst a. In the event of an insured loss to a lot, all. insurance proceeds paid to the trustee and mortgagee or mortgagees of record of the damaged lot and shall be deposited in a title Insurance company acceptable to them to be held in escrow for restoration. b. In the event of an insured loss to a lot, the owner of such lot with respect to which the insurance loss occurs shall within 30 days after the insurance proceeds are deposited with a title insurance company in accordance with paragraph a above. anter Into a fire contract with a, qualified builder providing for the reconstruction of the improvement. In substantially the some condition as existed immediately prior to the insured lossl provided, however. that no contract shell be entered into by such owner for an asownt in -lo- excess of the insurance proceeds then held by the title insurance company until additional funds are deposited to escrow as above provided by such owner sufficient to cover all construction as determined by the title insurance company. Said reconstruction shall be commenced and completed with due diligence and in no event shall said work be completed later than 180 days after said insurance proceeds are deposited in escrow as aforesaid. The Association and mortgagee of record of the lot affected shall have the right, but not the obligation, to deposit such additional funds in excess of insurance proceeds as may be required to permit construction as herein provided. c. In the event such owner fails to enter into a contract as provided in paragraph b above, for the reconstruction of the improvement as provided above; or in the event that reconstruction is not commenced or completed as provided above, then the trustee with consent of the mortgagee of record, or the mort- gagee of record with the consent of the trustee shall have the right, but not the obligation to enter into those contracts which it deems necessary to complete said reconstruction of the improvement of the lot, and the trustee or mortgagee shall have the right to have said insurance proceeds applied in i satisfaction of any obligations incurred pursuant to said contract, without liability of any kind to the owner. The Association or the mortgagee may employ any bonded party or parties as its agent in exercising those functions given to it in this Section 2. The Association or the mortgagee shall be empowered to pay said agent a reasonable fee for the services rendered by said agent and collect •aid charge frac the owner, and in the same manner as that which is provided to Section 4 below, for the collection of an insurance premium paid by the Association. 1 d. Disbursement of funds on deposit pursuant to paragraph a above, for contracts for reconstruction entered into under paragraphs b and c above, *-hall be made by the title insurance company selected as hereinabove provided, subject to the followingo (1) Article IX of these covenants entitled "Architectural Control Committee" shall apply to all said reconstruction. (2) Receipt by the title insurance company of written consent of any party holding a lies or encumbrance on said lot. (3) Receipt by the title insurance company of such construction statements. lists of subcontractors. lien waivers and receipts as it shall determine to be appropriate. Disbursements may be ,periodic or progress payments, and the title insurance company may make such inspections and withhold such payments as it deems necessary to insure completion in compliance with plans and specificat tons. The title insurance company shall be entitled to charge and the trustee shall be empowered to pay a reasonable fee for the services rendered by the -title insurance company, and the trustee may collect such charge from the owner, and in the same manner as that which is provided for in Section 4 below, for the collection of insurance premiums paid by the Association. (4) In the evebt a contract to entered into pursuant to paragraph b above. the written consent of such owner to said payment. e. Nothing contained in this Section 2 shall be construed to make the Association or the mortgagee of record responsible for collection or non - collection of any insurance proceedsl said Association or mortgagee being responsible solely for the insurance proceeds which come into their hands. Such owner of a lot damaged or destroyed by causes referred to above shall collect or cause to be collected from the insurance carrier involved the proceeds of the policy covering his lot. for the use of the trustee and mortgagee as hero inibove provided. f. In the event that a reconstruction contract is, for any reason, not entered into pursuant to the provisions of paragraphs b and c above, within 180 days after deposit of insurance proceeds with the title insurance company. os herein provided, said title insurance company shall disburse said proceeds to the mortgagee of record of the affected lot as its interest appears to retire the indebtedness secured under said mortgage. and disburse the remaining deposits, if any. to such lot owner. as the interests may appear. Section 3. Waiver of Subrogation. All policies of physical damage insurance shall contain waivers of subrogation and waivers of any defense based on co-insursace or of invalidity arising from any acts of the Insured and it shall provide that such policies may not be cancelled or substantially modified without at least ten days' prior written notice to all of the insureds and all of the mortgagees of roeord of the lots. -12. L Section 4. Lien for Premiums. The Association may but shall not be required to make payment of insurance premiums on behalf of any owner who becomes delinquent in such payment. In the event that the Association does make such payment. then such payment and the cost thereof shall be treated as if it is part of the monthly assessment as described in Article VI hereof and shall be a charge on the lot and a continuing lien on the lot for whose benefit such premium payment is made and also the personal obligation of the owner of such property at the time when such premium payment is made. ARTICLE VIII. PARTY. WALLS Section 1. General Rules of Law to Apply. Each wall which is built as Cpart of the original construction of the homes In Maparlund Plasau and placed on the dividing line between the lots shall constitute atparty wall and to the extent not inconsistent with the provisions of this Article. the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omissions shall apply thereto. Section 2« Share of Repair and Maintenance,. The cost of reasonable repair and,maintenance of a party wall shell be shared by the owners who make use of Om wall in proportion to such use. Section S. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, either owner who has used the wall may restore it, and it the other owner thereafter makes use of the wall he shall contribute to the coat of restoration thereof in proportion to such use without prejudice, however, to the right of any such owner to call for a larger contribution from the others under any rule of lav regardinn liability for negligent or willful acts or omissions. Section 4o Weatherproofing. Notwithstanding any provisions of this Artlelo, any owner, who, by his negligent or willful act, causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection againsts such elements. Section S. Right to Contribution Runs with Land. The right of any onwer to contribution from any other owner under this Article shall be appurtenant to the lot and shall pass to such owner's successors in title. /-Bd-a T W Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator and such arbitrator shall choose one additional arbitrator and the decision of a majority of all the arbitrators shell be final and conclusive of the question involved. ARTICLE IX. ARCHITECTURAL CONTROL COMMITTEE 'Review by Committee. From and after the completion of construction and t►wcvl,.na P i.a.o. sale of any lot within ' ., no building, fence, wall or other structure shall be commenced, erected or maintained upon such lot . nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature. kind, shape, height. materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Association or by an architectural committee composed of three or more representatives appointed by the Association. In the event the Association fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it or in any event if no suit to enjoin the addition, alteration or change has been commenced prior to the completion thereof, approval will not be required and this Article shall be deemed to have been fully complied with. The prevailing party in an action brought by the Association pursuant to this Article shall be deemed entitled to recover from the other party reasonable attorneys' fees together with all necessary costs and disbursements in connection therewith. ARTICLE X. EXTERIOR AND INTERIOR MAINTENANCE Section 1. lxterior Maintenance. In addition to maintenance upon the coffin areas, the Association may grovide exterior staintegFe upon each lot which is subject to assessment under Article VI hereof as followai to paint, repair, replace, or recondition roofs, gutters. downspouts, este rior building surfaces, trees, shrubs, grass. walks and roadways. -14- C Section 2. Interior Maintenance. In addition to the maintenance described in Section 1 hereof, the Association may also provide the maintenance of sever and water lines and systems which may lead to or are in or under the dwellings and which lines and systems are owned by the Association. Section 3. Assessment of Cost. The cost of such exterior and interior maintenance shall be assessed against the lot upon which such maintenance is done and shall be added to and become a part of the annual assessment to which such lot is subject under Article VI hereof; provided that the Association, when establishing the annual assessment against'each lot for any assessment year as required under Article VI hereof, may add thereto the estimated cost of the exterior and interior maintenance for that year but shall thereafter make such adjustments with the owner as is necessary to reflect the cost thereof. Section 4. Access at Reasonable Hours. for the purpose solely of performing the exteflor and interior maintenance authorized by this Article, the Association, through its duly authorized agents or employees, shall have the right after reasonable notice to the owner, to enter upon any lot at reasonable hours of any day. ARTICLE X1. EASEMENTS Section 1. Extent of Mutual Easements. The title of a lot shall include an exclusive easement on the adjoining lot or lots on areas occupied by fire- places, roof overhangs, air conditioning compressors, decks, balconies, flower boxes. utility installations and other appurtenances. which are part of the original construction of any improvement on a lot or which are added pursuant to the provisions of Article IX hereof. The title of the adjoining lot or lots shall be subject to such easements. Section 2. Other Rights and Obligations of the Association. The Association. subject to the rights of the owners as set forth in this Declaration, shall be responsible foil. and be vested with. the exclusive management and control of the common areas and all improvements thereon (including furnishings and equipment related thereto), and shall keep the same in good, clean, attractive and sanitary condition, order and repair. There shall be no obstruction of the common areas except construction materials and equipment during the construction period or except as specifically provi M A herein. Nothing shall be altored on. cougtructcd in, or remuvad from the common areas except upon the prior written consent of the Association. -IS- Nothing contained in this Declaration shall be construed or deemed to constitute a dedication, express or implied, of any part of the common areas to or for any public use or purpose whatsoever. ARTICLE 111. ADDITIONAL RESTRICTIONS Section 1. No lot shall be used except for residential purposes except that Deveioper shall be entitled to maintain Model Townhouses upon the lots. Section 2. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept, provided they are not kept,. bred or maintained for any commercial purpose. Section 3. No sign of any kind shall be displayed to the public view on ony 'lot. except that a "For Sale" sign may be displayed provided that it is in such form as the Association may require, except that Developer shall be permitted to,erect and maintain upon the properties such signs as it deems appropriate to advertise the development until the Developer conveys the last lot . ' Section 6. Garbage, rubbish and trash shall not be kept on a lot except In sanitary containers. All incinerators or other equipment used or kept for t the storage or disposal of such material shall be kept In a clean and sanitary condition. Section S. No noxious or offensive activities shall be carried on upon any lot nor shall anything be done thereon which may a or may become an annoy- ance or a nuisance to the neighborhood. Section 6. No structure of a•temporory character, trailer, basement, tont. shock, garage. barn or other building shall be used on any lot or the comm areas at any time as a residence, either temporarily or permanently. Section T. No television or radio antennae shall a erected or placed upon this exterior of a lot. Section S. No clothes lines shall be permitted upon a lot. 46- C Section 9. Each lot shall be used for residential purposes only. No improvement or structure whatever, other than single family dwelling houses. together with any garage, fence, patio, or other structure accessory to the dwelling house and approved by the Architectural Control Committee may be erected. placed, or maintained. Section 10. All sporting equipment, toys, outdoor cooking equipment. (except permanent installations), and other equipment and supplies necessary or convenient to residential living shall be enclosed or shall be screened from view. The storage or collection of rubbish of any character whatsoever, any material that emits foul or obnoxious odors, the growing of any noxious weed or other natural substances, and the harboring of the source of any noise or activity which disturbs the peace, comfort or serenity of owners is prohibited. No lot shall be used for the storage of materials not customary to or necessary and convenient for residential living. ARTICLE XIII. GENERAL PROVISIONS Section 1. Duration. The easements created hereby shall be permanent and the covenants and restrictions contained in this Declaration shall run with and bind the land and shall inure to the benefit of and be enforceable by the Association or the owner of any lot subject to this Declaration, their respective legal representatives. heirs, successors and assigns, for a term of twenty (20) years from the date of this Declaration is recorded, after which time sold covenants and restrictions shall be automatically renewed for successive periods of tan (10) yenre. Section 2. Amendment. This Declaration shall not be amended unless (all of the members) (not less than 517 of the members) and (all mortgagees of record) (not less than 517 of the mortgagees of record) agree to ouch amendment. Section 0. Noticen. Any notice required to be sent to any member or owner under the provisions of this Declaration shall be,deemod to have been properly sent when mailed postpaid to the last known addreso of the person who appears as member or owner on the records of the Association at the time of such mailing. -17- Section 4. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction either to restrain violation or to recover damages and against the land to enforce any lien created by these covenants; and failure by the Association or by any owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section S. The singular shall be deemed to include the plural wherever appropriate, and unless the context clearly indicates to the contrary, any obligations of the owners or members shall be joint and several except where the context otherwise requires. Section 6. Severability. invalidation of any one of these covenants or restrictions by judgment or Court Order shall in nowise effect any other J provision which shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned., being the Developer herein, has executed this instrument as of the day and year first above written. MACARLUND, INC. By By Its Its STATE OF MINNESOTA ) COUNTY OF WRIGHT ) , The foregoing instrument was acknowledged before me this _ day of . 1979, by President, and Secretary, of Macarlund, Inc.. s Minnesota Corporation. on behalf of the corporation. Notary Public THIS INSTRUMENT WAS DRAFTED BYt Smith 6 Pringle 207 South Walnut Street Monticelln. M>a 55362 rj,i -,r, —_j a ri 104L-�; INWAY In Im 94 _ Monticello -Big Koko Communitynursing Horne September 14, 1979 Mr. Gary Wieber City Administrator City of Monticello Monticello, MN 55362 Re: The improvements made to Washington Street and the proposed development of Lower Monticello. Dea r Mr. Wi eber: ~ In the past the Nursing Home has enjoyed a relatively isolated location on Fourth and Washington Streets with the BurlInoton- Northern Rail Line serving as the southern boundry to our part of Monticello. The extension of Washington Street and the proposed housing has raised concerns of and for the residents and staff of the Monticello -Big Lake Community Nursing,Home. A number of these concerns are listed bei ow: _ 1. The safety of our residents, visitors, and staff is our primary concern. We fee—1 very strongly that the extension of Washington Street will have a definite impact on the welfare of all those -involved with the Nursing Home. j• � A. The volume of traffic will increase in front of the, Nursing Home. A traffic pattern will develop to�and from Broadvra; and Highway 94 and Cedar Street areas. This traffic will ineludethose going to the Junior and Senior High School and those using the thoroughfare as a shortcut to bypass the downtown area.__ B. The speed of the traffic will increase the hazard to everyone., especially our senior citizens. Washington Street is and will continue to be utilized in a number of ways, and the speed of the traffic is a concern. C. Families and visitors pick up and drop off residents in front of the Nursing (tome. Our handicapped parking spaces are located on Washington Street. The speed of the traffic wil 1 have a definite effect on the utilization of the street by the handicapped and our seniors. D. A number of our residents like to stroll the street, but they may he afraid to cross at the intersections because there is presently no assurance that they will be safe in doing so. A few of our residents tend to wander away from the facility. They may be disor iented or confused; and without some traffic restrictions, the risk to these residents will he greatly increased. The risk might decrease if the Nursing Ilon,e were to lock all the doors, but that is something we cannot and will not do. f o,,rt it and LIJcnhington m)ni (enc>.n n �')W (619) PV') 5'!u Monticello -Big lake Community nursing Horne September 14, 1979 Page 2 E. The staff presently utilizes a parking lot across the street from the Nursing Home, and additional marking and signs may be in order. F. There is also a bus stop for the elementary school children located near Third and Washington Streets, facing the High School. G. In addition to the problems we face with the improvements to Washington Street, there are two additional roads that intersect with Washington Street directly in front of the facility. 2. Our secondary concern is the increased density.of population in our neighbor- hood. The higher density and increased utilization of this area will have a definite impact on the traffic patterns; and, again, we are seriously concerned about the existing hazards in the area. _ 3. Our last concern is with the'aesthetic value of the proposed housing in relation to the neighborhood. We would like to see the neighborhood remain single fanily, residential dwellings. We realize that the area has already been zoned for greater use, but we would like our concerns known. - The recommendations of the staff and residents of. the Monticello -Big Lake Community Nursing Home are to: ^�� 1. Install three (3) stop sions at•the intersection of Fourth and Washington Streets to ensure a complete three-way'stop.., . 2. Install stop signs at the railroad tracks in order to halt traffic traveling in either direction:----- ` f .% 3. Post "slow" signs along Washington Street near the Nursing Home. 4. Consider very carefully the impact that the higher density will have on the Comitiunity Nursing Home. 5. Locate parking lots in such a way that the traffic will flow away from the Nursing [tome. 6. Provide a sufficient number of crosswalk areas that will be clearly marked for that purpose. Sincerely, Till RI'SIDF.NIS AND STAFF OF THE h1011TIC1.1.1.0-BIG LAKE COMMUNITY NURSING H014E cc: Monticello City Planning Commission Mr. Gordon Jacobson ( r()"rLiiiimid l!_Jobhogton Montccllo.mn !x!,562(619)WS511a t AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, October ]d, 1979 - 7,30 P.M. Memberse James Ridgeway, ::, Dave Bauer, Ed Schaffer, Cc :-Map" . Loren Klein (ex -officio). ✓ 1-A. Approval of Minutes - Regular Meeting of September 18, 1979 V1 -B. Public Nearing - Consideration of Recomending Approval of a Preliminary Subdivision Plat - Curtis Hoglund. ✓2. Public Hearing - Consideration of Request for Conditional Use for Townhouses - Curtis Hoglund. �. Consideration of a Variance Request - Lori Vogt. .J WL. �r Q� LL �� L� AGENDA SUPPLEMENT 1-B. Public Hearing - Consideration of Recommendinq approval of a Prelimin- ary Subdivision Plat - Curtis Hoglund. Mr. Curtis Hoglund has submitted a request to subdivide the property where Curt's Storage and Sales is located on East Broadway. This property is zoned R-3 and B-4 and is approximately 10 acres in size. A parkland dedication or cash contribution would have to be made as per ordinance. The first draft of the preliminary plat,which will be named Macar- lund Plaza, was submitted to our City Engineer, John Bad Itch, and came back with the following comments, A. Monticello Ordinance Section 11-4-1(A)2 requires a boundary survey that ties into the Government Subdivision corners. B. Sections 11-4-1(B)4 6 5 refer to locations of existing property, right-of-way, etc. within a distance of 350' of the proposed plat. The houses on the Morris Hoglund and Hoglund Addition should be sham. The lots on the north side of Mississippi Drive which would include Lots 5 through 13, Block 1, and Lots 1 through 5, Block 2, Hoglund Addition, should also be shown with the owners' names. Note that Hoglund Addition to incorrectly spelled. C. Sections 11-4-1(B)2 6 7. A grading plan (not included) should be prepared especially for the townhouse area as some stoop grades will be encountered on the north aide. D. Section 11-4-1(B)B relates to the sower and water system. The availability of sower and water to the plat wan discussed at the City Council meeting on August 13, 1979. The agenda supplement for that meeting fairly well sots forth alternatives for providing sower and water service to the proposed plat. (A copy of that portion Of the supplement to enclosed for Planning Commission reference.) The owner of the property was mods aware of those comments and require - mento, and a occond draft of the preliminary plat wan submitted to our City Engineer for his rocoomendations. At the timo of thio writing, however, there have been no further commento from Mr. Badalich. It does appear, though, that the second draft of the preliminary plat does include those items called to our atten- tion by the engineer. If he has any further comaonto to make, they will be available at the time of the meeting on Tuesday, and could be included as a contingency of roccconanding approval of thin preliminary plat of Macarlund Plaza. LL POSSIBLE ACTIONi Consideration of recaoaaonding approval or denial of this subdivision request. REPERENCEO, Map showing general location] preliminary plat which to enclosed and latter from John Bad Itch. Also, portion of 8/13/79 Agenda GUpplement. APPLICAWa Curtis Hoglund c. .60 PLANNING COMMISSION - 10/16/79 2. Public Hearing - Consideration of Request for Conditional Use for Townhouses - Curtis Hoglund. In reference to Item 1, Mr. Hoglund is also making application to develop townhouses on all of the Macarlund Plaza property except Lots 1 - 6 of Block 1. All of the lots on Block 2 through 11 and Outlot A would be involved in the townhouses. Basically, a townhouse would be located on one of the lots of Block 7 through 11, which would have an attached garage. Along with the townhouse, there would be a single detached garage on one of the lots an Block 2 through 6. As per Monticello ordinance, an association agreement has been pre- pared by Mr. Hoglund's attorney, which outlines maintenance agree- mente for the common ground on the development, and other joint owner- ship requirements of those owners within the townhouse development. j Gary Pringle, the City Attorney, has given his preliminary approval to the document, but may have one or two comments for Tuesday night's meeting. Yi POSSIBLE ACTION, Consideration of recommending approval or denial of this conditional use request. Y REFERENCES( Sarno as in item 1 above, and an enclosed copy of the Association Agreement. 3. Consideration of a Variance Recrueot - Lori Vogt. Lori Vogt, on behalf of a client who wishes to remain anonymous at this time, has applied for a variance to allow an individual to operate a beauty shop within their own home. Located on A of Lot 3 and all of Lots d c 5, Block 38, Lower Monticello. This property is presently owned by Ralph !(iffmoyor. Zoned R-2. Beauty shops are ° allowed in a 9-1 zone. 4 A home occupation is defined as follows( 'Any gainful occupation engaged in by the occupants of a 7,,1 dwelling at or from the dwelling. Such activity shell be clearly incidental and secondary to the residential useof the promises. Pormiooable home occupations onall notinclude the conducting of a retail busin000 other than bymail, manufacturing business, or a repair chop of any kindon the premises, and no stock in trade shall be kept or sold. No other then poracno residing an the promisor shall be employad, and no mechanical equipment shall be employed that is not cus- tomarily found in the home and no more than one (1) room may be devoted to home occupation use. Such home occupation shall not require internal or external alterations or involve construction features not customarily found in dwellings. The entrance to th( - 2 - PLANNING COMMISSION - 10/16/79 space devoted to such occupations shall he within the dwelling. There shall be no exterior display, no exterior signs except as allowed in the sign regulations for the zoning district in which such home occupation is located. There shall be no exterior stor- age of equipment or materials used in the home occupation. No home occupation shall be permitted which results in or generates more traffic than one (1) car for off-street parking at any one given point in time. Permissable home occupations include, but are not limited to the following: Art Studio, Dressmaking, Special Offices of a Clergyman, Lawyer, Architect, Engineer, Accountant, or heal Estate Agent or Appraiser, when located in a dwelling unit occupied by the samei and Teaching, with musical, dancing and other instruc- tion limited to one (1) pupil at one time." A variance would be necessary to allow mechanical equipment other than normally found in the home, and a sign is also requested. If the variance were granted, the prospective owner would agree to a condition of the variance which would allow only the owner to work in the shop. At this time, there have been no comments pro or con offered by any affected neighbor. POSSIBLE ACTION, Consideration of recommending approval or denial of this variance request. REPERENCESi Map enclosed depicting location of property. OR eo 01 r 1' ADDITIONAL SUPPLEMENT Consideration of Approval of Simple Subdivision of Land - Troy Chaplin and Lawrence Hoyt. Mr. Troy Chaplin, who owns Lot 1 of Block 1 in Hoglund Addition, and Mr. Lawrence Hoyt who owns a lot immediately to the east of Mr. Chaplin, would like to exchange portions of their lot to resolve a problem which came about after it was found out that Mr. Hoyt's driveway was on part of the land owned by Mr. Troy Chaplin. Mr. Hoyt has agreed to exchange a triangle parcel from his lot which is approximately 1,675 square feet and depicted on the enclosed map and described as follows; That part of Lots 1 and 14, Auditor's Subdivision No. One, accor- ding to the recorded map thereof of record and on file in the Office of the County Recorder, Wright County, Minnesota, described as follows, Commencing at the northeast corner of Section 13, Township 121, Range 251 thence south along the east line of said Section 13, a distance of 297.3 foot to the center of State Aid Road Number 39 thence west along the center of said State Aid Road Number 39, to the southeast corner of Hoglund Addition, according to the recorded plat thereof of record and on file in the Office of the County Recorder, Wright County, Minnesotal thence north along the east line of said Hoglund Addition to the southeast corner of Let 1, Block 1 of said Hoglund Addition; thence continuing north along said cast line, a distance of 82.13 feet to the actual point of beginning; thence northerly deflecting lie 03' 31- right to the shoreline of the Mississippi River; thence westerly along said shoreline to the intersection of paid east line of Hoglund Addition; thence south along said east line to the point of beginning. In exchange for this parcel, Mr. Hoyt would pick up a triangle parcel which would be approximately 700 square feet, and described no follows, That part of Let 1, Block 1, Hoglund Addition, according to the recorded plat thereof of record and on file in the Office of the County Recorder, Wright County, Minnesota, described as followos Beginning at the southeast corner of said let 1, thence westerly along the south lino of said Let 1, a distance of 16.00 foot; thence northerly to a point on the cast line of said Lot 1, distant 82.13 fact north of the southeast corner of said Lot 1; thence oeuth along said east lino to the point of beginning. According to Monticello Ordinance Section 11-1-7, this qualifies as a simple subdivision and only needs the recomsendation of the Planning Commission and final approval by the City Council with proof that it has boon proporly recorded for acceptance. This exchange would neither reduce anybody's lot size loss than the minimus requirements, nor would it reduce the minimum width that is required by ordinance. In fact, it would actually resolve a current legal non -conforming use in that Mr. Ibyt'a halo now is loos than 10' from his sidoyard line, and this sub- division would actually place the property lino at its closest point 1117" from hie newly created property line. POSSIBLE ACTION+ Consideration of recommendation to the City Council of the single subdivision. Enclosed plat map depicting exchanges of land. s1 F, /A eel 9.1-je to,AO'& 1, Ij eir Ntv N