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Planning Commission Agenda Packet 01-12-1982L AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION January 12, 1987 - 7:30 P.M. Chairman, Jim Ridgeway Memberso John Bondhus, Hill Burke, Ed Schaffer. I. Approval of Minutes of regular meeting held December B, 1991. r j S U) 2. Public Hearing - Variance for Setback - Shawn NcGoff. L J� 3. Public Hewing - Ordinance Amendments. iW Big �S Unfinished Business New Business - Meeting Reminder / The next regularly scheduled meeting of the Planning Commission will be February 9, 1982. c1 MINU'S'ES REGULAR MFF.TING - MONTICELLO PLANNING COMMISSION Tuesday, December 8, 1981 - 7:30 P.M. Members Present: Jim Ridgeway, Ed Schaffer, Ed Klein, Dick Martie, John Rondhus. Members Absent: Bill Burke. 1. Approval of the Minutes of the Special Meeting Held on Novem- ber 17, 1981. A motion by Schaffer and seconded by Martie and all voted in favor of approving those minutes. 2. Public Hearing - Set Back Variance - Shawn Mc Goff. Shawn Mc Goff, owner of Lot 3 - Block f,, in the Meadows Division, made an application for a variance to he able to build a five foot by 8 foot i5 x 8) foyer/entrance on to the front of his home. His property wan zoned R-1. The requeot is for a 25' setback rather than a 3n', as is required. As you may recall, Mr. McGoff was not present at the public hearing to present his request , and therefore the Planning Commission chose to delay this item until the January 12, 1982 meeting at which Mr. McCoff could possibly be present to explain his request . Aa you may also recall, 11r. Mel Wolters, owner of several of the lots in the Meadows Addition was present and expressed his opposition to thin regucat. A motion wan made by Martin, Seconded by Schaffer to table this item until January 12, 1982. 3. Continued Dissuasion of Unfininhod Business. At this meeting, discussion of ponoihle changes to aovoral of the ordinances was diocu000d and recommendations made to the staff to prepare o proposed ordinance change to replace several of the ordinancon now on record. These ordinance changes will he presented at the January 12, 19P12 regular meeting of the Planning Comminsion at /wbich time a public hearing on the came will he hold. Me/:t Ing Adjou(hed. re Klein Zoning Administrator Planning Commission Meeting - 1/12/82 AGENDA SUPPLEMENT 1. Approval of Minutes of the Meetinq held on December 8, 1981. 2. Public Rearinq - Set Back Variance - Shawn McGoff Shawn McGoff, owner of Lot 3, Block 6 in the Meadows Division, has made an application for a variance to be able to build a 5 x 8 foyer/ entrance onto the front of his home. This property is zoned R-1. Mr. MCGoff does not presently have entrance onto his home, but rather when you come into the front door, you come directly into the living quarters of the home. It is Mr. McCoff'a intent to build an entrance way onto the front of his home which would be 25 feet back from the front yard act back, rather than the 30 foot, as required by Monticello ordinance, as an engery conservation measure. Mr. MCGoff desires to build this foyer to reduce the amount of heat lose when going into his home through the front entrance. As previously stated, if allowed, this entrance would come within 25 feet of the property line where the ordinance requires 30 feet. Enclosed, please find a copy of a letter from Nr. MCGoffs only abutting neighbor in which he states he has no objection to this front yard variance request, and states that he supports Mr. MCGoff's I request. n ` APPLICANT: Shawn MCGoff y CONSIDERATION: Consider approval or denial of this variance request. RUF.RENCES. A letter from an abutting neighbor stating no objections to this variance request. Mr. MCGoff will also ho present at Tuesday night's meeting with his proposed plans for this addition. 3. Puhlic Hoarinq - Ordinance Amendments. Enclosed is a copy of the proposed ordinance amendmonto diocuosed at the December B, 1981 meeting. Ra r; c .I//� G"G'�%ti-.� .'i.0+/tiLL�.L� •Ccs' 9�4•ZLL(u��� / �� � '�t�r - Z<��% t,-rF1��;)-J�=���,+•,� !'cam ,rt�-E�o� � •� 'ZCceeoc✓% . �-�i 1.1'•'cc �Y : �� (/Y '' Ute-/ �Jys��� At F r -r.YtCP/L�� J I. NOTICE OF PUBLIC HEARING Notice is hereby given that a public hearing will be held by the City of Monticello Planning Commission on January 12th , 19 Bi', at 7:30 P. M. in the Monticello City Hall to consider the following matter: Proposed Ordinance Changes: PROPOSED ORDINANCE SECTION - Underlining indicates additions to existing language. Strike -outs indicate deletions from existing language. Section 10-3-1 (H): whenever a lawful non -conforming use of a structure or land is discontinued for a period of six (6) months, following written f 5 notice -from an -authorised agent of -the -City, any future use of said structure i L or land shall be made to conform with the provisions of this Ordinance. 1) Section 10-3-2-(B)-2: Basements may be -used as -living quarters -or roans as -a - portion or-residential-dwei•lingsr E s ,,: r Section iO-3-2-(P)-5-B- -Three-pereent-of the service area -within an -off- street -perking -area shall be -landscaped with-grass-andjor decorative -surface- 'J L treatment - trees and shrubbery for all developments -except single-family �io� Z dweliings.- Section 10 -3 -2 -(F) -5-C: One percent of the development costs, or $1500, which- ever is greater, as determined by the building permit valuation, shall be de- voted to landscaping exclusive of seed or sod and walkways nos completed at �J the time. -of the issuenao-of the eertificete of-Oecupsneyr A bond shall be required forl50% of landscapinq not completed at the time of the issuance of G;7 the Ceritificate of Occupancy. This bond shall be for ane year a period of time, not greater than one year, set forth by the Buildinq Official, at the end of which the City has the authority to complete the necessary required _ landscaping. Thin provision does not apply to single and two family residences. Section 10-3-3-(D) 2.: Terraces, steps, uncovered rorcheoT stoeps or similar ' features provided they do not extend above the height of the ground floor I'���✓- level of the principal structure or to a distance lose than two (2) font from any lot line. Section 10 -.1 -5 -(n) -S -(A): Each parking apace shall he not lass than nine (9) f:•st wid,_ and twenty (20) foot in length ouclunive of acceou aisles, and each apace shall bo served adequately by neceae aisleo. EXCEPTION: wham dor,ired, III, to 25% of tho parkinq apacee may he not lens than seven and one- y: S hnlf (75) foot in width and not lens than sixteen (16) font in lenqth when r ory eA adequntely by accena ainlos to accommodate. compact car parkinq, and should be marked as ouch. - 1 - Section 10 -3 -5 -(D) -B -(G) : Curb cut openings and driveways shall be at a minimum three (3) feet from the side yard property line in residential districts and five (5) feet from the side yard lot line in business or industrial districts. l./ Section 10-3-5-(F)-4: The boulevard portion of the street right-of-way shall not he used for parking. Section 10-3-5-(H)-18; RETAIL STORE AND SERVICE BUSINESS WITH FIFTY (50) PERCENT OR MORE. GROSS FLOOR AREA DEVOTED TO STORAGE, WARFHOUSES AND/OR INDUSTRY: The number of spaces BM11 be required by either option fl or " option 02­­6ii& Or -'At least eight (8) spaces, or one (1) space for each two hundred (2 00) square feet devoted to public sales or service JZ plus one (1) space for each 500 square feet of storage area. Optionp2: 1 V At least eight (8) Spaces or one space for each employee on the maximum shift. Section 10 -3 -9 -M -1-(d) : Political Campaign Signs: Shall not exceed foer-(i)-oquore feet -in all °Rm toning-districtsr or twelve (12) square feet in all other zoning districts. Every campaign sign must contain the name and addressss of persons responsible for ouch sign, and that per- son shall be responsible for its removal. Signs erected before-the-pri-mary-election shall remain in place for no longer than five (5) days after the general or-speeial election for which they are intended. All signs shall be conf ined to private property. The City shall have the right to remove and deattoy unsightly signs or remove signs after the five (5) day limit and aoscas a fee of five dollars $5.00 per sign for removal. Section 10 -3 -9 -(M -2(k) : Overham ins niqno. n Section 10-3-9-(C)-Sn Overhanging signs rill -be aliored to-projcet- aver-pablie right -e f -ways in -the -village -of Monticello -until -December 31r 1976• which is-tho-cot-off-date after which no-overhanging-aigna-will be- ( pormitedr Section 10-3-9-(M-21 A14UUAL-SIGN IAMGERS-IACHNGE6.- All sign-henjero- engaging-in the huaincoo-of erecting,-censtrueting,-enlargingv altera- tion♦ repairy movirag,-removing,-demoliohi ng• or-equipping-o-aign shall 11� bo-reqnired to -be *ieenaed-awneally.- Peeo-fear-sign hangers lieenue shuli bo-providod in-the-Mantieeilo eity-Ordinaneev - 2 N/ Section 10-5-4-(C)-3: The provisions of Section 10-22-1 (5} (E) of this Ordinance are considered and satisfactorily met. !1'= Section 10-22-1-(A): Request for amendments or conditional use permits, as provided within this Ordinance, shall be filed with the Zoning Adminis- tration on an official application form. Such application shall be accom- panied by a fee as outlined in Chapter 25. This fee shall not be refunded. Such application shall also be accompanied by !en-tle)-cep+es of detailed written and graphic materials fully explaining the proposed change, develop- ment, or use. The Zoning Administrator shall refer said application, along with all related information to the City Planning Commission for considera- tion and a report and recommendation to the City Council. ,r Section 10-22-1-(C): The applicant er-a-representative thereof chalk appear -before the Planning-Camwission in -order -to answer-questions -ceneern- 4nq the prepesed-amendment -or eondktkonak use. L) ? e .- Section 10-22-1-(D)I The amendment or conditional use application shall be referred to the City staff for a report and recommendation to be presented to the Commission. A preliminary draft of the City staff's report and recommendations shall be given to the City Planning Commission at least ten fie► three (3) days prior to the meeting at which said report and recom- mendations aro to be presented. The final report and recommendations to the City staff is to be entered in and made part of the permanent written record of the Planning Commission meeting. Section 10-22-1-(C): The Planning-Cemmianion City Staff shall act a date for a public hearing. Notice of ouch hearing oTwll be published in con- formance with the State Law and individual notices, if it is a district change or conditional une permit request, shall be mailed not lesu than ten (10) days nor more than thirty (30) days prior to the hearing to all owners of property according to the Wright County anseonment records, with- in three hundred fifty (350) fact of the parcel included in the request. Section 10-22-2-(N)1 The Boning -Adminkntrater-nhakl-notify the sppl�cant ef-tho-Ceunc4lLs-decinfen-in writing.- ( �7 Section 10-22-3-(D)1 PURCORMANGE-DCNDt- l,.- Gxeopt-in the eaoe-09 non -ins eoao-pvoduoing-renldonbial-proposty,-upon approval-ot a Gosditioual use peacnl,t-tho-City shall, be -provided with-a-swrety bond, cash-awerow,-carti- tieabo-ot deposit,-oacwritlea,-0s sash-deposit-Asior-to the L!:au&ng of building -permits -os initiation -0E wosk-on the propood-iapcoveacats or dovolopnenb.- Gaid-cecwrity shall, guarantea oonformancen-and-complLauc• with-tho-condibiona of-tbo-conditional-uso-persit and the Godes of -the -City. 3 - Section 10-22-3-(D) continued: 2.- The eceurity-shall-be 4n -the -amount of the eity-Engineer's er-City Building-InspeeterLs-estimated-tests-of labor and materials for the prepesed-improvemento or -development. -Said project, can be -handled -in stages -upon the discretion -of the eily-Engineer and Buildirrg-Inspeetarr -3r -The-City shell hold -the -security anti} eomp}etien of -the -proposed improvements -or development and a eertificate ef-oecapaney indieateing-compliance with -the -eemiit ions 1 -use -permit and erdinarces-of /. the eity-has-been issued -by the City -Building inspector.- 4.- Pailare to I eomply-with the conditions -of the eonditiona} use permit -and/or the er- �'`� ) dinances-of the eity-shall-resale in -forfeiture of-the-secarity. Section 10-23-8: PERFORMANCP. BOND: -(A)- P.xeept-in the ease -of non-in- eone-produeing-re sidential-prop erty upon -approval of -a -variance er-appeal, the eity-shall-be provided -with a surety -bend, -cash eserewt certificate of 1 deposit ,-securities ar-cash depoei! prior to-the-issr. ing-of building-per-mits-or in£t£ation-of work -on the proposed -improvements or-develepmuntr Said seeuriey-sha}1-guarantee-cenformenee-and-compliance with -the -conditions of -the -variance or -appeal and the ordinances -of the eityr 1 EB}- The seeurily-shall-lx 4n-tire-amonnt of-lr5-times -the -City engineerlo- er-Bai1-ding inspector's estimated eont-of labor and materials for the pro- posed improvements -or development. 4C} -Thee-City shell hold-the-necority until eomplotien-of the proposed -im- provements -or development end a eert£f£cate of-oecapaney-indicating eom- pliance with -the -variance or -appeal end ordinances -of the eityrhea-been issued -by the eity-Buiid£ng inspector. Ol -Failure-to eomp}y-with the -conditions of -the -variance er-appeal and the ereiinancen-of the eity-shall-reoalt in-ferfeitare of -the -security. Section 10-23-8: RECONSIDERATIM: Whenever an application for a variance has been considered and denied by the Planninq Conrnisnion or City Counc' 1, a similar application for a variance affectinq subatantiiully the name proporty shall not he considered again by the Planninq Cc=inoion or the City Council for at least nix months from the date of Stn denial: And a suhnequent application affectinq ouhntantially th-, name property shall like wino not he considered again by the planning Crmaniosion or City Council for an additional nix months from the date of the second donial unleon the do- cision to reconsider such a matter is made by the Planninq Commission. If such a reguent in denied by the Planninq Ccv ninnion, the applicant may a;.prol this docinia: to the Citv Council. \ Section 10-24-L ISSUANCE.: No building or structure hereafter erected or moved, or that portion or of an ericting structure or huilding erected or moved "hall be occupied or used In whole or in part for ony purpose what- carvnr until a certificate of occupancy shall have leen ioaued by the Building Official stating that tho h gilding or structure complioo with all of the provioionn of thio Ordinance. - 4 - J Section 10-24-2: APPLICATION: Said certificate shall be applied for �sry coincident with the application for a building permit, conditional use permit, and/or variance and shall be issued within -ten -(k0► days after the Building Official shall have found the building or structure satis- factory and given final inspection. Said application shall be accompanied by a fee as outlined in Section 10-25-4. Q:=1 Section 10-24-3: REQUIREMENT: Construction performed pursuant to the ..\r provisions of the ordinances establishing and regulating Building Codes of the City of Monticello shall not be subte subject to the requirement fl of a Certificate of Occupancy established by this Ordinance. pyiy G Section 10-22-5-(M): Approval -of a request chalk require passage bye foer-fifth-(4/5)-vote of -the -folk eity eeaneil. Section 10-22-3-(B): RECONSIDERATION: Whenever an application for a conditional use permit has been considered and denied by the City Council, a similar application for a conditional use permit affecting substantially the same property shall not be considered again by the Planning Commission or City Council for at least six (6) months from the data of its denials n and a subsequent application affecting substantially the same property V shall likewise not be considered again by the Planning Commission or City V" Council for an additional six (6) monthe from the date of the second denial unleas a decision to reconsider such matter is made by not boss than -four -fifths -(4/5) -vete of -the -fell City Council. L J Section 10 -E3 -6-1P►:- A varianee-of thfs-Zening erdinance or -grant -of en- appoal-ohakl-be for foes -fifths 44f5+s)• roto -of the full-Pkannfng e®- mission serving as-tho-Beard-of Adjuatmeet-and -Appealer -Should there bo - lees -than four- (4)-Pkanning eaemlaeien-Members-prosont-at any meeting, the applicant may have-tho-mattes brought direetly-te the eity-Council er-have the hearing continued at -a -Planning eomm*saien-meeting-at-a kater late. Section 10-23-6—(>tl: A grant Of -an appeal-regoiree a four-fifths 44"40 voto-of the full-C*ty eoanerk to-reveres-tho-daciolon of-tho-Planning ecmonlosienr Section 2-2-2: ORGANIZATIONi KEETINGS: The Commission shall elect a chairman from among its members for a toren of one year and the Com- mission may create and fill ouch other offices as it may dotormino. 4f The Planning Commicoion shall hold at least one (1) regular mooting each month. This meeting shall be hold on the third oocond Tuocday. Regular mootingo shall commence at seven thirty o'elook (7:10) p.m. Hearings shall be hoard at-raven-forty-fLvo a'olaok 47*Ar)-;..m.,-0s as soon there- after so posoiblo. The Planning_Comninnion shall adopt ruloo for the transaction of bucincoo and shall keep a record of its rocolutions, trano- actiono and findings, which record shall be a public record. Entire Section 10-20 Planned Unit Development: Revised copy of proposed revision is available at City Hall. 7 section 10-3-4-(G)-1: One and/or two family dwellings and townhouses: the minimum floor area for such type buildings shall be as follows: one Story Dwelling - 960 Square Feet Two Story Dwelling - 750 Square Feet. EXCEPTION: 1. The minimum square footage of a one story buildinq may be J reduced to 864 square feet if a qaraqe is added with at least 336 square feet. In no case, howevor, shall the minimum \` Gy dimension of that qaraqe be less than 14 feet. /V nrYl.1t.ANT. 1 'Chin matter is tentatively scheduled to Lo considered by City of Monticello City Council on ... IR 19gY_. Thin meeting starts at 7:30 P. M. Written and oral testimony will be accap ad n above nu ject and all pernono fl -,firing to he heard on referenced oubjoct wt 1 heard t�oting. INSTRUCTIONS 1. Poet on bulletin (ward. Publish poeenb r tl. 1981 (taken to Times office at leant 2 days prior to this date). 1. Mailing toi A. Applicant. D. Abutting property owners. C. Proporty owners within 350 foot. D. Other d. Have Affidavit of Railing prepared and executed and filo. S. Copy of notice to Planning Commission agenda filo. boren and City Council agenda f 6 -