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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: Pegs 2 STREET UIRHUML i "•!tarwrTP*W" y I►TiFRINL 9TT8TZ C -OR LER LAT X"TILOU" S7Re4T LVAOU I" TAM i r+ pfmFtatr LWE n II[1ENIAL TSL I ' MPAMR LAR WIT N EQWVALLUT YAPM T 02'"-- --- 1YttA►ML SI — - - MI`10R COLLF�Gi'OR (aoccasTToue�Tio)Z I I 1 I j r ! I r LMTLRWL SMIT I TDBU""L6T�tTL } SMAM z =NTERtCR LOT UPIM ML Intw" t LUUSUAAL 516w I 11LAn vac, THRXIGH LOT Tbutx" LOT WITH EQtnVALEUT YARD i LYRRUALSTRtST iLuKra" 511111T k, emRo elelYlTMA i4�r►ITNI RAR T/11D LUTISSUAL STR1T *=TOR) O O O O O NOICS: m 1. An Internal street Is a public residential street Z. The minimum setback distance of required front yards my vary according to location. Please contact the Building pectlon Division for this Inforotion. a v e d 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