Planning Commission Agenda Packet 05-07-1991AGENDA
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, May 7, 1991 - 7:00 p.m.
Members: Dan McConnon, Richard Martie, Jon Bogart, Cindy Lemm, and
Richard Carlson
7:00 pm 1.
Call to order.
7:02 pm 2.
Approval of minutes of the regular meeting held April 2,
1991.
7:04 pm 3.
Public Hearing --Consideration of an ordinance amendment
allowing limited open sales and rummage and garage sale
activity as an accessory use in the R-1 district.
Applicant, City of Monticello.
7:19 pm 4.
Public Hearing --Consideration of an ordinance amendment
that would allow the City to withdraw a conditional use
permit due to violations of permit conditions. Applicant,
City of Monticello.
7:34 pm
Continued public hearing on establishment of regulations
y5.
governing adult land uses.
7:54 pm 6.
Review sketch plan submitted by Prestige Builders of St.
Cloud.
8:14 pm 7.
Planning Commission Review --Proposed rental housing
ordinance.
8:34 pm S.
Planning Commission Review --Proposed fence requirement
ordinance amendment.
Additional Information Items
8:55 pm 1.
Consideration of adopting a resolution outlining Planning
Commission findings and conclus lone resulting from the
adult land uses study, and consideration of regulating the
adoption of an ordinance amendment regulating adult land
uses. Council action: No action required, as the request
did not come before them.
8:56 pm 2.
Consideration of a preliminary plat of the service drive
addition. Council action: No action required, as the
request did not come before them.
9:00 pm 3.
Review sketch plan of Outlot A, Country Club Manor,
proposing single family residential development.
Applicant, Jim Metcalf/Brad Larson. Council actions
Requested the developers to work with City staff on
alternatives for the development of this property.
9:02 pm 4.
Set the next date for the Monticello Planning Commission
meeting for Tuesday, June 4, 1991, 7:00 p.m.
9:04 pm 5.
Adjournment.
MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, April 2, 1991 - 7:00 p.m.
Members Present: Dan McConnon, Richard Martie, Jon Bogart,
Cindy Lemm, and Richard Carlson
Members Absent: None
Staff Present: Jeff O'Neill, Gary Anderson
1. The meeting was called to order by Chairperson Dan McConnon at
7:00 p.m.
2. Motion was made by Cindy Lemm and seconded by Richard Martie
to approve the minutes of the regular meeting held February 5,
1991. Motion carried unanimously.
3. Motion was made by Jon Bogart and seconded by Cindy Lemm to
approve the minutes of the regular meeting held March 5, 1991.
Motion carried unanimously with Richard Martie and Richard
Carlson abstaining.
4. Consideration of adopting a resolution outlining Planning
Commission findings and conclusions resulting from the adult
land use study, and consideration of recommendinq adoption of
an ordinance amendment requlatinq adult land uses.
Jeff O'Neill, Assistant Administrator, reviewed the proposed
adult land use ordinance. He noted that the City Attorney,
Paul Weingarden, has requested that this item be tabled for
further research and determination of the definition of a
"fantasy house" adult land use.
Dan McConnon requested that staff research the potential of
regulating adult literature currently being sold at existing
retail establishments.
There being no further input from the Planning Commission
members, a motion was made by Richard Hartle and seconded by
Jon Bogart to continue the public hearing pending further
ordinance development. Motion carried unanimously.
5. Public Hearinq--Cons ideratIon of preliminary plat of the
service drive addition.
Mr. O'Neill requested that this public hearing be continued
pending further contact with the affected property owner,
Gladys Hoglund.
Notion was made by Jon Bogart and seconded by Cindy Lemm to
continue the public hearing until the next regularly scheduled
meeting on May 7, 1991.
Pegs 1 O
y
Planning Commission Minutes - 4/2/91
6. Review sketch plan of Outlot A, Country Club Manor, proposing
sinqle family residential development. Applicant, Jim
Metcalf/Brad Larson.
Mr. Jim Metcalf and Mr. Brad Larson presented their proposed
sketch plan for Outlot A, Country Club Manor Addition, in the
city of Monticello. Their sketch plan consisted of lots
fronting on Country Club Road and consisted of 26 single
family lots at the minimum or in excess of the minimum
12,000 square feet in lot area. The area to the rear of the
proposed 26 residential lots would remain as outlots for the
following reasons: 1) The far east end would be set aside for
a drainage area, and 2) the remaining area would contain the
existing billboards.
Questions from the Planning Commission members included the
following: could driveway turn -grounds be proposed; was there
another proposed layout that could create more lots to better
serve this unplatted tract of land even though they may be
closer to the freeway; how would the storm drainage and
berm/screen area be addressed; what would happen with the
freeway signs; and how would the outlots be created.
There being no further input from the Planning Commission
members, a motion was made by Cindy Lemw and seconded by Jon
Bogart to approve the basic concept allowing lots to front 7th
Street as proposed; however, the following concerns should be
addressed: 1) driveway turn -&rounds; 2) storm drainage;
3) berm/screening area along the freeway; 4) freeway signs;
5) how outlots would be created within Country Club Manor
Outlot Al and 6) park development. Motion carried
unanimously.
7. Other matters .
Mr. Ruse Martie, Martie's Farm Service, was present to request
an administrative permit which would allow operation of a
temporary greenhouse in an I-2 zone.
Motion was made by Richard Carlson and seconded by Dan
McConnon to recommend granting an administrative permit
allowing retail sales at MartieIa Farm Store, which is located
In an I-2 zone. Motion carried unanimously.
Motion is based on the finding that an administrative permit
allowing retail sales in an I-2 zone in this case should be
allowed, as such use Is consistent with the existing retail
use of the property, which has already been allowed to occur
by the City. Further, the Planning Commission directed City
staff to develop an ordinance amondmont that would formally
recognize retail sales as a permitted use at the Martie' a Farm
Store site.
Pegs 2 0
Planning Commission Minutes - 4/2/91
Additional Information Items
1. A simple subdivision request to subdivide an existing
residential lot and part of another existing residential lot
Into two residential lots. Applicant, Donald and Joan Doran.
Council action: Approved as per Planning Commission
recommendation.
2. A continued public hearing --A conditional use request to allow
used automobile/truck sales in a B-3 (highway business) zone.
Applicant, Hoglund Transportation/ 94 Services. Council
action: No action required, as the request did not come
before them.
3. A continued public hearing --A variance request allowing
enlargement of a legal non -conforming structure or use.
Applicant, Hoglund Transportation/ 94 Services. Council
action: No action required, as the request did not come
before them.
4. A tabled public hearing --Consideration of an amendment to the
Monticello Zoning Ordinance, Section 6-3, Permitted Accessory
Uses in an R-1, R-2, R-3, and PZM zone by adding "sale of
items, including automobiles, recreational vehicles, boats,
and other equipment. Items sold limited to three items per
property annually and limited to items owned by property
owner." Applicant, City of Monticello. Council action:
Tabled public hearing. Full agreement was not reached by
Council on number of items that can be sold per year. May be
subject to change from six items per year to three.
5. Consideration of calling a public hearing on establishment of
an ordinance regulating adult land uses. Council action: No
action required, as the request did not come before them.
6. It was the consensus of the Planning Commission members to set
May 7, 1991, 7:00 p.m., as the next regular Planning
Commission meeting.
7. Notion was made by Dan McConnon and seconded by Jon Bogart to
adjourn the meeting. The meeting adjourned at 9:09 p.m.
Respectfully submitted,
Gary Anderson
Zoning Administrator
Page 3
Planning Commission Agenda - 5/7/91
3. Public Hearing --Consideration of aLn ordinance amendment
allowino limited oven sales and nu age and aarage sale
activity as an accessory use in the R -I district. (J.O.)
A. REFERENCE AND BACKGROUND:
• .. %r.x
As you recal l�' the Planning Commission conducted a public
hearing and reviewed a similar ordinance amendment which
focused on establishing limited open sales as an accessory use
i� in an R-1 zone. The purpose of the ordinance amendment was to
control or limit the ability of property owners to utilize
residential property as sales lots by specifying type and
quantity of items that could be sold from residential
property. Any sales above and beyond what is noted by
ordinance would be considered an improper use of the property
and, therefore, a violation of the ordinance.
Subsequent to the Planning Commission's review of this Item,
the new City Attorney, Paul Weingarden, reviewed the language
contained in the ordinance amendment and requested that the
City Council table the item until he was able to make some
changes. Weingarden has completed his amendments to the
original language. The new ordinance is similar to that which
Planning Commission reviewed previously= however, there Is one
major addition to the ordinance which created the need for
calling a new public hearing on the item. The new ordinance
language also includes limited rummage and garage sales as an
accessory use . It was Weingarden's view that it was necessary
to define limited garage sales so as to differentiate this
activity from limited open sales. Weingarden was concerned
that the open sales activity could have been construed or
confused with garage sale activity; therefore, he created
language that clearly spells out the differences between the
two types of activities.
Due to the fact that there were changes to the ordinance that
might impact individuals who regularly have garage sales, City
staff elected to call for a new public hearing. In addition,
we sent letters to two residences that we knew engaged in
garage sales in a manner that might not be consistent with the
ordinance The letter was mailed to Mr. and Mrs. Arnold
Strehler of 1115 West Broadway and Mr. and Mrs. Bob
Sommerville of 313 East River Street.
The language contained within the ordinance is self
explanatory. It should be noted that the City has a transient
merchant ordinance which regulates garage sales. It is
recommended that the section of the transient merchant
ordinance regulating garage sales be deleted if the zoning
ordinance amendment governing garage sales is adopted. As you
Planning Commission Agenda - 5/7/91
will note, the zoning ordinance amendment is more restrictive
than the transient merchant ordinance in that the zoning
ordinance amendment allows two garage sales per year while the
transient merchant ordinance allows three sales per year. In
addition, the zoning ordinance amendment governing garage
sales is better because it explicity outlines the hours that
garage sales can be conducted and because it notes that no
items shall be placed on the right-of-way and identifies sign
requirements associated with garage sales.
B. ALTERNATIVE ACTIONS:
1. Notion to recommend approval of the adoption of an
ordinance establishing limited open sales and rummage and
garage sales as accessory uses in an R-1 zone.
(motion is based on the finding that limited open sales
activity and garage sale activity should be regulated in
order to properly protect the character of residential
ko areas. Consignment sales and other large sales of a
., commercial nature serve to detract from the residential
(/oVI� character of the R-1 zone and, therefore, such activities
should be controlled. The proposed amendment will
contribute to the ability of the City to regulate such
sales; therefore, the ordinance amendment should be
'-approved.
2. Motion to deny adoption of the proposed amendment to the
zoning ordinance.
If the Planning Commission does not agree with the
finding above, then this alternative should be selected.
C. STAFF RECOMMENDATION:
Staff recommends that the P2en--C,emmieeion select
alternative #1. There are many homes in residential zones
along highly traveled routes. This ordinance would eliminate
the temptation of using these residential properties as open
sales lots. In addition, it would eliminate the ability of
residential property owners to use property as a consignment
sales store under the guise of being a garage sale. The
ordinance would serve to protect the residential value of
adjoining properties and will also eliminate the possibility
of traffic hazards created by use of residential property
along heavily traveled roads for commercial purposes when such
properties are not designed to handle parking or other public
access in a safe fashion.
D. SUPPORTING DATA:
Copy of the proposed ordinance amendment; Copy of the
pertinent section of the transient merchant ordinance.
PROP&SEL ZD N 1 N C�
012iJ . f}�vIENDMEN'r
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HERESY ORDAIN THAT
SECTION 6-3 OF THE HONTICELLO ZONING ORDINANCE BE AMENDED BY ADDING
THE FOLLOWING:
PROPOSED LIMITED OPEN SALES/RUMMAGE
AND GARAGE SALE ORDINANCE
6-3: PERMITTED ACCESSORY USES:
(H) Limited Rummage/Garage Sales. Allowing sales on a limited
basis of items accessory to private residential use of land
including, but not limited to, household goods and
supplies, appliances, clothing, and lawn and garden tools,
non -motorized equipment and supplies. Accessory use of
property for rummage/garage sales shall conform to tpa.
following requirements : Qe bti {tiiaa!;.me e`r
y�,6,ewN6nt._.
1. Rummage/ rage sal shall not be held on any
parcel more tha r@e weekend any calendar �hS
r t year. For purposes of phis paragfaph, weekends
shall include Thursday, Friday, Saturday, and 7-
a Sunday. All such sales shall be conducted between
the hours of 8:00 a.m. and 9:00 p.m.
2. Sale items shall not be placed on or in
any public right-of-way.
3. Two signs not exceeding two square feet each in
Brea advertising the rummage/garage sales are
allowed on the sale premises without a permit. All
such signs shall be removed immediately upon
conclusion of the sale. If a rummage/garage sale
sign remains on the premises, the sale shall be
deemed to be open.
(1) Limited Open Sales. Allowing sales on a limited basis of
motor ve6ic les, boats, motorized equipment, and
recreational vehicles. Accessory use of property for
limited open sales shall conform to the following
requirements:
1. No more than a total of three items per alto may be
advertised for sale per year.
2. No more than two items can be displayed for sale at
any one time on any property.
3. Individual items may not be displayed in excess of
30 days In the aggregate for all items displayed.
0
Ordinance Amendment No.
Page 2
4. Items sold are limited to articles owned by
individuals that make their primary residence at
the limited open sales site.
5. Sale items may not be placed on a public right-of-
way.
6. One sign not exceeding two square feet in area
advertising the sale item is allowed without a
permit. Such sign must be placed within or
attached to the sale item and shall not be
freestanding.
7� Al3, soh saP@s ehakl bet condted�Q t ours .
of �,0 m. d 9t m.
Adopted this day of , 1991.
Mayor
City Administrator
a
EXISTING d�D.
7R 4NSIEr�T NIEIeCI�.
3-10-3: EXEMPTIONS: This chapter does not apply to the
following:
(A) Vendors of milk, groceries, bakery products, or other peris hable
commodities; or vendors of soft water service or laundry and dry
cleaning pickup and delivery who make an uninvited call upon the
occupant of a resident as a preliminary step to the establisthment
of a regular route service for the sale and delivery of such
commodities or the providing of such services to regular customers;
or for the sale of goods, merchandise, or services to business,
commercial, or industrial users at their place of business.
(B) Sidewalk sales authorized by the City Council.
i
(C) Garage sales or rummage sales when conducted in or by a non-profit
institution or when conducted upon the premises of an owner of the
articles being offered fcr sale provided that such sales clo not
last longer than 72 hours and provided that no more than three (3)
sales be conducted at any given location within one year.
(D) Any bona fide auction sale by a city resident.
(E) Any sale under court order.
(F) The sale of regularly published newspapers.
(G) The sale of goods or merchandise on behalf of bona fide charitable,
religious, civic, education, or political organization subject to
provisions of 3-10-2(C) and 3-10-5.
(H) Sale of farm or garden fruits and vegetables from July 19 through
October 15 subject to the provisions of 3-10-2(C) and the daily
permit fees established by Council.
(8/13/90, 1194 )
3-10-4: APPLICATION: Applicants for a permit under this ord finance
shall file with the City Clerk a sworn application in writing
on a form to be furnished by the City Clerk. The application shal 1 give
the following information:
(A) Name and physical descr+;ption of applicant;
(8) Complete permanent home and local address of the applicant and, in
the case of transient merchants, the local address from which
proposed sales will be made;
(C) A brief description of the nature of the business and the goods to
be sold;
MONTICELLO CITY ORDINANCE
TITLE III/Chet 10/Page 3
10
PRO POSEb OR b.
T940s IENT Aweu
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT
TITLE 3, CHAPTER 10, SECTION 3 (C), OF THE CITY ORDINANCE BE
AMENDED TO READ AS FOL14WS:
3-10-3: EXEMPTIONS: This chapter does not apply to the
following:
(C) Limited open sales and limited rummage/garage sales. (See
Permitted Accessory Sales, Chapter 6, Section 3, of the Zoning
Ordinance for regulations governing open sales and
rummage/garage sales.)
Adopted this day of , 1991.
Mayor
City Administrator
0
Planning Commission Agenda - 5/7/91
4. Public Hearing --Consideration of an ordinance amendment that
would allow the Citv to withdraw a conditional use permit due
to violations of permit conditions. (J.0.)
A. REFERENCE AND BACKGRCM:
Recently the City Council discussed taking legal action
against Fair's Garden Center for violation of the parking
requirements associated with the conditional use permit issued
in 1989. Council reviewed the matter and determined that no
action would be taken until after May 1, 1991, and after it is
demonstrated that the violations of the conditional use permit
create parking problems evidenced by parking in the street and
by Fair' s Garden Center customers parking in neighboring
business lots. In addition, Council requested that City staff
inventory compliance levels with other conditional use
permits.
As part of the discussion, Council reviewed the penalties for
violation of a conditional use permit. At this time, the only
penalties► associated with violation of the conditional use
permit include fines or jail time. There currently is no
provision for withdrawing a conditional use permit in the
event that a permit holder continually disregards the
conditions associated with the permit. It was the view of the
City Attorney and the consensus of the City Council that the
city ordinance should be updated so as to provide for a
mechanism for withdrawal of the conditional use permit when
violations of the permit warrant such action. The City
Attorney, Paul Weingarden, has completed such an amendment,
and it is enclosed for your review.
ALTERNATIVE ACTIONS:
Motion to approve amendment to the zoning ordinance which
would allow the City to withdraw a conditional use permit
due to violations of conditions associated with the
permit.
Under this alternative, the Planning Commission would
recognize that enforcement of the Lerma of conditional
use permite is improved by the ability to withdraw a
conditional use permit if violations pereist and that the
use of fines and penalties is not always the beet method
to achieve compliance with the permit.
Planning Commission Agenda - 5/7/91
2. Motion to deny adoption of proposed amendment.
Under this alternative, Planning Commission would make
the finding that the present method for enforcing the
terms of conditional use permits is sufficient and that
no additional sanctions are necessary to assure
compliance.
C. STAFF RECOMMENDATION:
Staff recommends that the Planning Commission select
alternative fl. It is our view that the ability of the City
to withhold or withdraw a conditional use permit under proper
circumstances is necessary. This ability will enable the City
to take action that would likely result in compliance of
conditional use permits. In addition, this is a common
provision used by other cities to gain compliance with
conditional use permits.
D. SUPPORTING DATA:
Copy of proposed ordinance amendment.
Planning Commission Agenda - 5/7/91
6. Review sketch Dlan submitted by Prestige Builders of St.
Cloud. (J.O.)
A. REFERENCE AND BACKGROUND:
City staff is excited to inform you that Prestige Builders of
St. Cloud is interested in developing a residential
subdivision at Outlot I in the Meadow Oaks subdivision. It is
Prestige Builders' plan to have all of their preliminary plat
Information, including grading plan and erosion plan, to City
staff by May 17 with the Planning Commission conducting a
public hearing at the regular meeting June 4. A sketch plan
of the development area will be available at the meeting.
Planning Commission is asked to informally review the sketch
plan and become acquainted with the site.
I would also like to inform Planning Commission that another
residential development may be occurring in summer and fall of
1991 in the area south of the new elementary school site. The
Value Plus developers made up of Matt Holker, Steve Holker,
and Tom Holthaus, at this time plan on preparing a plat for
Planning Commission review at the regular meeting in June. '
Again, review of the Prestige Builders' sketch plan is for
information purposes only. No formal action will be
requested.
D. SUPPORTING DATA:
Copy of letter from Prestige Builders outlining intent to
develop Outlot I.
S
i
\
Prestige Builders Df& awd
ao
0
April 17, 1991
Mr. Rick Wolfsteller
City Administrator
250 Last Broadway
Monticello, Minnesota 5562-9245
Mr. Jeff O'Neill
Assistant Administrator and
Community Development
250 East Broadway
Monticello, Minnesota 55x62-9245
Dear Rick and Jeff:
Over the past few weeks we have had numerous meetings and
conversations regarding development possibilities on
Outlat I, Auditor's Subdivision No. 1 in the City of
Monticello.
As you Irnow, Prestige Builders has been developinq new homes
in the St. Cloud area for several years. The market that we
target is a move -up buyer spending •100.000 to •150,000 and
up on a home. We have done a considerable amount of research
on Monticello and believe your community is in need of a
residential development wherein we could build homes similar
to that which we have successfully built in St. Cloud.
Monticello is centrally located between St. Cloud and
Minneapolis/St. Paul. Additionally. you have a very healthy
employment base. The proposed motro-phone would be very
beneficial and your real estate tan structure is attractive
to any homeowner. The location of Outlet I in relationship
to schools and freeway access is excellent. We believe
Outlet I lends itself well to a first class residential
development with beautiful mature oak trees. pending and
n.t.,r.,l rolling hiila. rrum all indicat:ono this typo of
neighborhood would be very successful in Monticello.
Our company is very anxious to have things along As quickly
as possible in order to start construction somo time in July.
Of course. once we have reached an agreement. we will begin
marketing the development immediately. Our intention by this ,
letter is to address quontione and concerno we have in
pushing forward. It is cur hope that you will be able to
communicate this information to the Mavor and City Council as
wall as others you deem important for their feedback. It is
our plan to have a preliminary design to you on or before
Mcndav for review.
604 4th Ave. NE 0 Sartell, Minnesota 56377 0 612.289.0859
Mr. Rick Wolfsteller.
Mr. Jeff O'Neil 1
April 17, 1991
Page 2
1. Would the City of Monticello be agreeable to connecting
Outlet I to outlet C and D? Our desire then would be not to
connect to the existing Meadow Lane and the entire Meadow
Oaks Subdivision. We feel the homes now existing along
Meadow Oak Lane and generally in Meadow Oak Estates are more
in keeping with the integrity of the neighborhood we are
proposing. This will also allow for a direct, yet meandering
access to the freeway from County Road 119.
2. Would the City be agreeable to more than one access points
from Outlet I on to County Road 1107 We are especially
interested in maintaining an access closer to the school than
is now proposed.
S. There is presently a section of utilities that has not
been installed between the end of Meadow Lane and the
property line of Outlet I. How will this be accomplished?
4. Will the City entertain a petition for capital
improvements at this time in order to accommodate the
schedule we are trying to meet?
3. Will the City consider assessing the improvements back to
the development with an accelerated payment schedule based on
a formula of 1.3 times the assessed amount paid for every lot
developed?
6. Is it possible for the design of the utilities to bo done
as a part of the feasibility study commissioned by the City
through the City Improvement Process rather than duplicating
this work?
7. Will the City approve our land surveyor, Paul E. Wellen :a
Associates, Inc. to work with Orr. Schelon, Mayeron 6
Associates, Inc. on thio project without conflict of
interest.
B. There is a drainage pond required on the edge of Outlot I
which i4 for the benefit of Outlet I and all of the Meadow
Oaks Subdivision. How will the cost of this pond be fairly
distributed between the proparty owners'!'
WP greatly orpreciete ycur continued ellfCrts in roeolving
9
Mr. Rick Wolf Steller
Mr. Jeff O'Neill
April 17, 1991
Page 3
the obstacles yet in our way before this development can be
accomplished. If there is anything you need from us, please
don't hesitate to call.
Respectfully submitted,
PRESTIGE BUILDERS of St. Cloud, Inc.
(/-Z� �-
Kevin Schmitz
President
D
Planning Commission Agenda - 5/7/91
7. Plannina Coaission Review --Proposed rental housina ordinance.
(J.O. )
A. REFERENCE AND BACKGROUND:
Planning Commission is asked to consider directing staff to
develop a rental housing ordinance. There is concern that an
ordinance needs to be developed that allows the City to
monitor and regulate housing stock, specifically, a large
percentage of houses formerly owner occupied have become
rental unite. There is a concern that homes used as rental
units may be prone to disrepair and if gone unchecked could
become blighting influences in neighborhoods. Also, certain
health and safety issues such as installation and maintenance
of adequate fire alarms in rental units needs to be monitored.
In short, Planning Commission is asked to take inventory of
neighborhoods and come to the meeting to discuss the "problem"
and determine if further study is merited. Attached is a
sample ordinance for your review.
D. SUPPORTING DATA:
Copy of sample rental housing ordinance.
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT TITLE 4, BUILDING
REGULATIONS, OF THE MONTICELLO CITY CODE BE AMENDED BY ADDING THE FOLLOWING
CHAPTER PERTAINING TO RENTAL DWELLING REGISTRATION:
CHAPTER 6
RENTAL DWELLING REGISTRATION
SECTION:
4-6-1:
Adoption
4-6-2:
Definitions
4-6-3:
Registration Required
4-6-4:
Enforcement
4-6-4:
Applicable Laws
4-6-6:
Penalty
4-6-7:
Effective Date
4-6-1: ADOPTION: The following rental dwelling registration ordinance
is an ordinance requiring the registration of all rental
property and imposing a registration fee for each unit of the rental
property. The Council of the City of Monticello hereby ordains that it is
the purpose of this ordinance to protect the public health, safety, and
welfare of the citizens of the city of Monticello who have as their place
of abode a dwelling unit or room furnished to them for the payment of a
rental charge to another. Further, it is the intention of this ordinance
that a permanent mode of protecting and regulating the living conditions
of these citizens be established and, further, to provide a means to raise
revenue or funds to help the City defray the costs necessary for
Inspections and enforcement of the Uniform Housing Code.
4-6-2: DEFINITIONS:
(A) Rental Property. A single family dwelling, multiple dwelling, or
rooming house as defined in this ordinance occupied by a person or
persons in the status of tenant.
(B) Single Family Dwelling. As used in this ordinance, the term "single
family dwelling" means a building of any size or type occupied by one
family in the statue of tenant.
(C) Multi Is Dwellinq. As used in this ordinance, the term "multiple
dwelling" means a building of any size or type occupied by more than
one family, each in the statue of tenant, but does not include rooming
house, as defined in this ordinance.
(D) Tenant. One who has as his place of abode a dwelling unit or room
furnished to him for payment of a rental charge to another.
0)
Ordinance Amendment No.
Page 2
(E) Operate. As used in this ordinance, the term "operate" means to
charge a rental charge for the use of a single family dwelling or a
unit in a multiple dwelling or a sleeping room in a rooming house.
(F) Unit. As used in this ordinance, the term "unit" shall mean any
habitable room or group of adjoining habitable rooms located within
a multiple dwelling and forming a single complex with facilities which
are used or intended to be used for living, sleeping, cooking, and
eating.
(G) Habitable Room. As used in this ordinance, the term "habitable room"
shall mean a room or enclosed floor space used or intended to be used
for living, sleeping, cooking, or eating purposes, excluding
bathrooms, toilet rooms, laundries, pantries, foyers, communicating
corridors, closets, storage spaces, and stairways.
(H) Family. The term "family" shall mean an individual or two or more
persons related by blood or marriage.
(I) Person. The term "person" shall mean any natural person, his heirs,
executors, administrators, or assigns, and also includes a firm,
partnership, or corporation, its or their successors or assigns, or
the agent of any of the aforesaid.
(J) Rooming House. A building or structure providing a room or rooms
Intended for living and sleeping to persons in the status of tenant.
This term shall include boarding houses, lodging houses, fraternity
houses and sorority houses, but does not include hotels or motels
licensed by the state of Minnesota.
(R) Sleeping Room. A room or enclosed floor space in a rooming house as
defined in this ordinance used or intended to be used primarily for
sleeping purposes.
(L) Landlord. A person or entity who operates a rental property as
e n in this ordinance and who is entitled to the rental payments)
from the tenant(s).
4-6-3: REGISTRATION REQUIRED:
(A) Requirement. From and after (date) , no person shall operate a
rental property in the city of Monticello without first having
properly made and filed a registration statement with the Building
Official. Any person filing such a registration statement thereby
consents to be bound by all of the provisions of this ordinance. In
the case of any rental property occupied on or before (date) , a
registration statement shall be filed by (date) In the case of
rental property completed and ready for occupancy after (datel ,
a registration statement shall be filed prior to the occupancy of the
G
Ordinance Amendment No.
Page 3
dwelling. The registration statement shall be made and filed on forms
furnished by the Building Official for such purposes and shall set
forth the following information:
1. Name and residence of the landlord and, if a corporation, name
of officers and the registered office thereof.
T. The name and address of the rental property and the number of
units or the number of sleeping rooms to which the registration
applies.
3. The name and address of the caretaker or manager responsible for
the maintenance and care of the multiple dwelling or rooming
house.
4. The name and address of the landlord's agent for the receipt of
notices of violations of the provisions of this ordinance. The
landlord may designate any person residing in the city of
Monticello as his agent for this purpose.
S. Such other information as the Council may require.
(B) Execution of Registration Statement. The registration shall be made
by the landlord if such landlord is a natural person; if the landlord
is a corporation, by officer thereof; if the landlord is a
partnership, by one of the partners; and if the landlord is an
unincorporated association, by the manager or managing officer
thereof. Renewal of registrations as required annually by this
ordinance may be made by filling out the required renewal form
provided by the Building Official to the landlord of rental property
and mailing said form together with the required registration fee to
the Building Official.
(C) Annual Reqistration. Commencing with the year , the
registration of all rental dwellings registered for the previous year
shall be renewed not later than the 30th day of January of each year.
(D) Transfers. Every new landlord of a rental property (whether as fee
owner, contract purchaser, lessee subletting the entire dwelling, or
otherwise entitled to possession) shall register before taking
possession. No registration fee shall be required of the new landlord
in the year of purchase provided the previous landlord has paid the
registration fee.
(E) Registration Fee. Except as may be provided otherwise by the City
Council, the following fees shall be paid by the landlord by the 30th
day of January of each year:
1. For a single family dwelling, the registration fee per year
shall be $10.00.
Ordinance Amendment No.
Page 4
2. For the first unit of a multiple dwelling, the registration fee
per year shall be $10.00. Every unit thereafter in said
multiple dwelling shall be charged a registration fee of $2.00
per year.
3. The amount of annual registration fee for rooming houses shall
be as follows: 1 to 5 sleeping rooms, 110.00 per year; 6 to 10
sleeping rooms, $20.00 per year; 11 sleeping rooms and above,
$30.00 per year.
Rental property which is licensed as a "nursing home" or as a
"boarding care home" under the provisions of the state of
Minnesota shall be exempt from the registration fee required
under (E) 1 herein.
5. If occupancy of the rental property shall not commence prior to
July 1 of a calendar year, the registration fee required shall
be reduced by 50%.
4-6-4: ENFORCEMENT: In order to compel compliance with the
registration requirements, the Building Official or his
assistants shall have the authority to enter any building at reasonable
times and upon five (5) days written notice to the tenant (s) to determine
if said building is operated as a rental property as defined in Section
4-6-2, or to enforce the Uniform Housing Code, or both.
.�,�M�w�^.I�► a
4-6-5: ►` APPLICABLE LAWS: Registrants shall be subject to all of the
ordinances of the City of Monticello and the state of Minnesota
relating to dwellings; and this ordinance shall not be construed or
interpreted to supersede a.,y other such applicable ordinance or law.
4-6-6: PENALTYt Any person, firm, corporation, or partnership who
shall violate any of the provisions of this ordinance shall be
guilty of an offense as provided in Section 204 of the Uniform Housing
Code, 1976 Edition.
4-6-7 s EFFECTIVE DATE: The effective date of this ordinance shall be
(date) .
Adopted this day of , 1991 .
Mayor
City Administrator
El
Planning Commission Agenda - 5/7/91
8. Plannina Commission Review --Proposed fence reauirement
ordinance amendment. (J.O.)
A. REFERENCE AND BACKGROUND:
Planning Commission members are asked to review the proposed
fence requirement ordinance amendment. The regulations are
modeled after sections of the Plymouth ordinance. As you will
note, the amendment provides clearer direction to property
owners that desire to develop a fence. Another purpose of the
ordinance is to reduce conflicts between property owners. As
in the previous agenda item, Planning Commission is asked to
review the problem and provide staff with further direction.
Gary Anderson will be available to discuss some of the
problems that would be resolved with the development of an
ordinance regulating fence design and construction.
D. SUPPORTING DATA:
Copy of current section of ordinance pertaining to fences;
Copy of proposed fence handout.
7
0 l� •
All dwellings and commercial and industria 1 buildings
shall be constructed such that the ground elevation at
the building site will be a minimum of twelve ( 12)
inches above finished street elevation at the building
access point. The exact elevation will be determined by
the Building Inspector.
All garages and parking facilities shall be situated
such that there will be direct and positive drainage to
the street access at finished grade elevation. All
elevations shall be established prior to issuance of a
building permit.
Occupancy shall not be granted until the builder
certifies conformance with the grading plan for the lot.
The developer shall have a registered land surveyor or
engineer certify that the development has been rough
graded to within tolerance limits according to the
grading plan.
[F) GENERAL FENCING, SCREENING, AND LANDSCAPING:
1. No fence shall exceed six (6) feet in height within
a required yard; and in the case of grade
separation such as the division of properties by a
retaining wall, the height shall be determined on
the basis of measurement from the average point
between the highest and lowest grade.
2. No fence, structure, planting, trees, or shrubs
shall be permitted within the visibility area of
any corner formed by property lines intersecting
with a railway right-of-way. (The vial bility area
referred to above shall be in the form of a
triangle with two sides formed by the property
lines mentioned and the third side formed by a
straight line connecting the two (2) twenty-five
(29) foot points on both sides of the corner.)
EBCEPTIONSt
(a) Chain link fences with openings of one and
five -eights (1-5/8) inches to two (2) inches
and not exceeding a maximum of forty-eight
(48) inches in height may be allowed anywhere
within the visibility area.
(b) Except as provided in Chapter 1, Section 2,
[P] 2, fences, plantings, trees, or shrubs not
over three feet in height may be permitted if
not prohibited by other areas of the
ordinances.
MONTICELLO ZONING ORDINANCE 3/6®
6Z(e1<0 r OQA
(c) Except as provided in Chapter 3, Section 2,
(FJ 2, fences may be erected on any part of a
lot when they are to be located behind the
front line of the principal building on that
lot.
(d) Fences over 6 feet in height shall be treated
as structures and will require appropriate
permits as required.
In all zoning districts, the lot area remaining
after providing for off-street parking, off-street
loading, sidewalks, driveways, building site,
and/or other requirements shall be planted and
maintained in grass sodding, shrubs, or other
acceptable vegetation or treatment generally used
in landscaping. Fences or trees placed upon
utility easements are subject to removal if
required for the maintenance or improvement of the
utility. Trees on utility easements containing
overhead wires shall not exceed ten (10) feet in
height.
(G) REQUIRED FENCING, SCREENING, AND LANDSCAPING: The
fencing and screening required by this subsection shall
be subject to Subsection (F) above and shall consist of
either a fence or a landscaped planting plan.
1. PURPOSE AND OBJECTIVE: The purpose of this policy
is to establish minimum requirements and standards
relative to landscaping, buffering, and screening
to be Implemented concurrently with site plane
approved by the City; the standards and criteria
shall be used by City staff, Planning Commission,
and City Council in the review and evaluation of
such plans and development proposals.
The objectives of these requirements are to
establish and maintain forestation of the city; to
provide appropriate ground cover vegetation for
controlled soil erosion; to enhance when necessary
the natural environment particularly in instances
where the natural environment is disturbed during
the course of development; and to establish
standards for utilization of natural materials to
achieve desired screening and buffering.
This policy sets forth minimum requirements of
landscaping, reforestation, and technical
limitations to assure that the result io consistent
with reasonable maintenance requirements on a long-
term basis and to assure that the results provide
an aesthetic urban environment.
KONTICELL0 ZONING ORDINANCE 3/7
�R�Pos�D `E�cF
�N� IN�uT
CITY OF MONTICELLO
BUILDING INSPECTION DEPARTMENT
250 EAST BROADWAY, PO BOH 1147
MONTICELLO, MN 55362
295-3060
GENERAL INFORMATION FOR THE CONSTRUCTION OF FENCES
WHY DOES THE CITY REQUIRE PERMITS FOR FENCE AND WALL CONSTRUCTION?
Fences and walls can be public safety hazards when they create sight
obstructions at intersections and driveways. Consequently, the City Council
initiated the permit system to ensure that residents and builders know about
and comply with ordinances regulating fences and walls.
WHEN ARE PERMITS REQUIRED?
Plan approval and a permit are required before any fence or wall may be built
in Monticello.
HOW MUCH ARE FENCE PERMIT FEES?
Permits are issued free, upon approval of submitted plans, at the Monticello
City Hall, 250 East Broadway.
WHAT INFORMATION WILL THE CITY NEED BEFORE ISSUING A PERMIT?
.he application form contains a number of items which must be completed. You
will need to submit a drawing of the fence or wall you plan to build and
other information such as a current and accurate representation of the
property lines.
ARE THERE ANY MINIMUM SETBACKS TO PROPERTY LINES?
A fence must be within the lot boundaries by at least a lawn mower width or
step ladder widtTi > or maintenance purposes and to ensure that it is
completely on the subject property.
HOW DO I FIND KY PROPERTY LINES?
Permanent iron monuments should be in place at each lot corner for platted
property. Locating the property corner irons ( legal markers) is tho
responsibility of the property owner. If you cannot find the corner irons,
contact a registered land surveyor. NOTES The front property line is not
the street curb line (See Graphite).
SETBACKS AND HEIGHT
1. No fence or wall higher than three feet in height above the street curb
level may be built within any required front yard as defined in the
zoning ordinance for each district unless specifically allowed by
ordinanco. "Front yard" includes yards extending along and adjacent to
any street right-of-way.
FENCE/HANDL 4/11/91 Page 1 O
8
2. A fence or wall up to six feet high may be allowed within a front yard
which qualifies as an equivalent rear yard or a side yard as defined by
ordinance, provided that it does not create a safety hazard by
obstructing vision of pedestrians or motorists.
3. No fence or wall may be allowed within 20 feet of any street right-of-
way corner if it interferes with traffic visibility.
4. Fences or walls, other than a retaining wall, having a height of six (6)
feet or less may be located within the required rear and side yards in
any residence district.
DEFINITIONS --LOTS
Corner: A lot at the junction of and fronting on two or more streets (see
Graphic A 5 B).
Interior: A lot other than a corner lot (see Graphic C).
Through: An interior lot which abuts a street on two sides, typically at
the front and rear lot lines (see Graphic D b E).
DEFINITIONS --YARDS
Equivalent: The open area within through and corner lots which may be
required and/or permitted as an alternative to a required rear or
side yard between the main building and an abutting arterial,
major collector, or other public street where access has been
prohibited.
Front: A yard extending along and adjacent to any street frontage of a
lot and which, for interior lots, is between the side lot linea,
the minimum horizontal distance between any street right-of-way
(front property) line and main building or any projections
thereof, other than the usual steps, entrance way, unenclosed
balconies or open porch. Corner lots typically have two front
yards
Side: A yard between the main building and the side line of the lot.
It extends from the front yard line to the rear yard line.
Rear: A yard across the rear of a lot. It is measured between the side
lot lines and must be the minimum horizontal distance between the
rear lot line and the rear of the main building or any
projections other than steps, unenclosed balconies or unenclosed
porches.
On corner lots the rear yard is parallel to the street upon which the lot hag
its least dimension. On both corner lots and interior late, the rear yard is
at the opposite end of the lot from the front yard.
QUESTIONS:
Main a copy of the Fence Permit Application.
Call the Building Inspection Department at 295-3060.
FENCE/HAND: 4/11/91 Page 2 ce
C ITY OF MONTICELLO
BUILDING INSPECTION DEPARTMENT
250 EAST BROADWAY, PO BOX 1147
MONTICELLO, HN 55362
295-3060
APPLICATION FOR FENCE AND WALL PLAN APPROVAL
The City Code requires property owners to obtain approval of plans for
proposed fences and walls on all sites which are not subject to formal site
plan approval. These include one and two family dwelling lots. This
application, when approved with your plans, is your permit.
Please complete this form, responding to all items; attach a legible drawing
which accurately shows the location and height of the fence or wall in
relation to the legal property lines. You need to know where your property
lines are. You first need to find your property "corner stakes" or
"monuments" which are iron rods in the ground which define the limits of your
lot. You may need to obtain a survey of your lot from a professional
surveyor or engineer registered in the state of Minnesota if you cannot
readily find your corner stake and thus are unable to define your lot lines.
1. PERMIT NUMBER: FENCE WALL
2. NAME OF APPLICANT: 1
ADDRESS:
PHONE:
3. OWNER NAME (if different than applicant):
ADDRESS t
PHONE:
4. HEIGHT OF FENCE OR WALL
UNIFORM HEIGHT? THE HEIGHT IS FEET.
VARYING HEIGHT?
5. LOCATION OF FENCE OR WALL ( check the items that apply)
FRONT YARD(S)
(Note: All yards nd)acent to streets are defined as front yards)
SIDE YARD(S) REAR YARD(S)
6. LINEAL FEET (total proposed)
FENCE/NAND.APP: 4/11/91 Page 1
7. MATERIALS AND STYLE
chain link
vertical boards
split rail
picket
timbers/railroad ties
other (describe)
S. HAVE YOU FOUND YOUR CORNER STARES AND DEFINED YOUR PROPERTY LINES?
Yea No
9. DO YOU HAVE A CERTIFIED SURVEY OF YOUR PROPERTY? Yes No
I apply for approval of the fence and/or wall plan and acknowledge I
understand the City Code regulations regarding the proposed construction. I
will ensure that the fence and/or wall will be installed in accordance with
the approved plans and the applicable code regulations.
Applicant Signature
FOR CITY USE ONLY
APPROVED
Subject toi
DENIED
Reason(s):
BY:
(signature)
4
(title)
PENCE/HAND.APP:
6/11/91
DATE:
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Z. The minimum setback distance of required front yards my vary according to location. Please contact the Building
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NONTICELLO CITY STAFF CHECKLIST
FOR EVALUATING APPLICATION FOR FENCE OR WALL
PER ORDINANCE NO.
1. Have all items been completed, including owner information if other than
applicant? If yes, proceed. If no, STOP and direct completion of
application.
2. Is there a legible plan that shows:
a. property lines, street rights-of-way, corner irons?
b. distance of fence/wall from property lines?
C. height of fence/wall?
d. materials to be used?
e. address and/or legal description of lot?
If yes, proceed. If not --on aw�n items STOP and determine if the
deficiency is significant to thla application. If it is, direct
correction and/or completion of plan before proceeding.
3. ALL of the following must be checked and EACH must be "yes" or "N/A" ,
(not applicable) in order to issue an approval.
a. The proposed structure is at or within all minimum yard setback
distances.
f1 Yes [J No f1 N/A
b. The height of any portion of the proposed structure, which is
within the corner lot "sight triangle," is no greater than the
ordinance maximum.
[J Yes [J No (] N/A
C. The height of any portion of the proposed structure, which is
within a front yard, is no greater than the ordinance maximum.
11 Yes t1 No f1 N/A
d. The height of any portion of the proposed structure, which is
within a aide yard or a rear yard, is no greater than the ordinance
maximum.
t1 Yea [J No (1 N/A
e. The applicant has found the corner stakes and can verify the
property lines.
11 yes (J No [1 N/A
FENCECHK.LISi 4/11/91 Page 1
4. If all items are checked "yes" or "N/A":
a. Mark the application and plan "approved."
b. Make a photocopy of the approved application and plan.
C. Give the applicant the approved permit and plan and a copy of the
City information sheet on fences and walls.
d. File the City copy and notify the appropriate inspector.
0
PENCECHR.LI9: 4/11/91 Page ] O
8