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Planning Commission Agenda Packet 10-02-1990AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, October 2, 1990 - 7:00 p.m. Members: Dan McConnon, Richard Martie, Richard Carlson, Cindy Lemm, Jon Bogart 7:00 pm 1. Call to order. 7:02 pm 2. Approval of minutes of the regular meeting held September 4, 1990. 7:04 pm 3. Public Hearing --A request to amend Section 3-5 (D) 9 (Q) to all driveway access openings shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Building Inspector. Size of culverts shall be determined by the Building Inspector but shall be a minimum of fifteen (15) inches in diameter. Applicant, City of Monticello. 7:14 pm 4. Public Hearing --A request to amend Section 3-1 (I) of the zoning ordinance by adding the following paragraph: Normal maintenance, necessary non- structural repairs, and incidental alteration of a lawful non -conforming sign includes repair or maintenance of existing lettering done without changing the subject, form, color, or design of the lawful non -conforming sign. Applicant, City of Monticello. 7:39 pm S. A Continued Public Hearing --A conditional use request to allow used automobile/light truck sales in a B-3 (highway business) zone. Applicant, Hoglund Transportation. 7:59 pm 6. A Continued Public Hearing --A variance request to allow less than the minimum 4,500 square feet of sales and display area. Applicant, Hoglund Transportation. 8:14 pm 7. Review preliminary proposal for development of a church facility in an R-1 zone. Applicant, A Glorious Church. Additional Information items 8:20 pm 1. A simple subdivision request to subdivide an existing unplatted lot into two residential lots. Applicant, Michael Robinson. Council action: Approved with conditions as per Planning Commission recommendation. Planning Commission Agenda October 2, 1990 l Page 2 8:22 pm 2. A variance request to allow a subdivided lot to have less than the minimum lot width requirement. Applicant, Michael Robinson. Council action: No action required, as the request did not come before them. 8:24 pm 3. A variance request to allow additional pylon sign height than the maximum 22 -foot height allowed. Applicant, Mark Anderson. Council actions No action required, as the request did not come before them. 8:26 pm 4. A variance request to allow no curbing in certain areae of a parking lot. A request to allow less than the minimum required tree planting size. Applicant, Tappers, Inc. Council action: No action required, as the request did not come before them. A request to install in areas designated as open space or future expansion areas properly planted and maintained with prairie grass. Applicant, Tappers, Inc. Council action: Approved with conditions. 6:28 pm 5. A conditional request to allow expansion of an outdoor rental use in a 8-3 (highway business) zone. Applicant, General Rental. Council actions Approved with conditions. 8:30 pm 6. A conditional use request to allow used automobile/light truck sales in a 8-3 (highway business) zone. Applicant, Hoglund Transportation. Council actions No action required, as the request did not come before them. 8:32 pm 7. A variance request to allow lees than the minimum 4, 900 square foot sales and display area. Applicant, Hoglund Transportation. Council action: No action required, as the request did not come before them. 8:34 pm 6. Set the next tentative date for the Monticello Planning Commission meeting for Wednesday, November 7, 1990, at 7:00 p.m. 6:36 pm 9. Adjournment. MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, September 4, 1990 - 7:00 p.m. Members Present: Dan McConnon, Richard Martie, Richard Carlson, Cindy Lemm, Jon Bogart Members Absent: None The meeting was called to order by Chairperson Dan McConnon at 7:03 p.m. Motion was made by Cindy Lemm, seconded by Richard Carlson, to approve the minutes of the regular meeting held August 7, 1990. Motion carried unanimously with Dan McConnon abstaining. 3. Public hearing --A simple subdivision request to subdivide an existing unplatted residential lot into two residential lots. Applicant, Michael Robinson. Gary Anderson, Zoning Administrator, explained to Planning Commission members and the public Mr. Robinson's simple subdivision request to subdivide an existing unplatted tract of land into two residential unplatted tracts of land. Both Parcels A and B would have more than the minimum lot square l� footage requirement of 12,000 square feet, and Parcel B would have the minimum lot width on a public right-of-way of 80 feet. Parcel A would have 70 feet of lot width, which is leas than the required minimim lot width on a public right-of- way. At the front setback line of Parcel A, which would be the front most portion of the house, there would be 66 feet of lot width. Six-foot drainage and utility easements are shown on the side lot lines of the newly created parcels, and 12 -foot drainage and utility easements are shown on the front and rear of the proposed subdivided parcels. Parcel A is not served by a city water and sewer stub at this time. If one is to be put in, the City would not be responsible for the installation. Chairperson Dan McConnon then opened the public hearing. Mr. Mike Robinson explained that his family is currently living in the existing two-bedroom house. He and his wife have three children, and it is quite crowded in the existing house. His request is to subdivide the existing parcel into two parcels and build another house on the adjoining parcel to the mouth or to sell the residential parcel. The lots are considerably larger than the platted 66' x 169' standard inner city lots. Mr. Robinson also explained he would be willing Page 1 P-1 Planning Commission Minutes - 9/4/90 to record with the simple subdivision that any house built on Parcel A would be within the minimum setback requirements. Mr. Robinson also indicated he would have no problem with removing the shed on Parcel A within 30 days of the sale of the lot. Chairperson Dan McConnon then closed the public hearing and asked for input from the Planning Commission members. Planning Commission members questioned whether the creation of a smaller lot would diminish the aesthetics or property values of the existing houses situated on larger lots across the street. With no further input from the Planning Commission members, a motion was made by Richard Carlson, seconded by Richard Martie, to approve the simple subdivision request to subdivide an existing unplatted residential lot into two residential lots with the following conditions: a. The simple subdivision request le to be recorded within 30 days from the September 10, 1990, City Council meeting. b. The drainage and utility easements are to be recorded within 30 days from the September 10, 1990, City Council meeting. C. A document is be recorded indicating that Parcel A is not served by city water and sewer service, and the City will not be responsible for putting one In. d. A document Is be recorded indicating that if a new house is built on Parcel A, it will meet all the minimum setback requirements. e. A document is be recorded indicating that if Parcel A is sold, the existing shed located on Parcel A is to be removed within 30 days of the Is. Motion carried unanimously. Pago 2 Planning Commission Minutes - 9/4/90 Public hearina--A variance request to allow a subdivided lot to have less than the minimum lot width requirement. Applicant, Michael Robinson. Zoning Administrator, Gary Anderson, explained to Planning Commission members and the public Mr. Robinson's variance request to allow less than the minimum lot width on a public right-of-way. As shown on the enclosed site plan, there is 70 feet of lot frontage at the front property line; and at the minimum front yard setback requirement, which is in line with the front most portion of the existing house located on Parcel B, the lot width would be 68 feet. The standard lot width of the platted inner city lots is 66 feet. When the ordinance was amended, the City cited problems with the smaller lot width; therefore, the minimum lot width was increased to 80 feet. Chairperson Dan McConnon then opened the public hearing. There being no input from the public, Chairperson Dan McConnon then closed the public hearing and turned the meeting to discussion amongst Planning Commission members. Planning Commission members recognized that the lot width was considerably lose than our current 80 -foot minimum requirement, but it is more than the minimum lot width that was required when the original lots were platted within the city. If the applicant would be willing to have a document recorded stating that any house built would be within the minimum setback requirements, they did not see any problem with granting the variance. Therefore, a motion was made by Richard Martie, seconded by Cindy Lemm, to approve the variance request to allow a subdivided lot to have less than the minimum lot width requirement. Notion carried unanimously. Reason for approvals Due to the increased square footage of Parcel A (16,430 sq ft) from the minimum 12,000 sq ft requirement, the impact has been lessened, therefore supporting approval of the variance request. Public hearin_a--A variance request to allow additional i,Ylon sign height then the maximum 22 -foot pylon height allowed. Applicant, Nark Anderson. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public Nr. Anderson's roquost to be allowed additional pylon sign height over the maximum allowed, which should have been 32 feet rather than 22 feet, as Mr. Anderson's property lies within the freeway bonus 800 feet from the freeway right-of-way. Mr. Anderson's Page 3 0 Planning Commission Minutes - 9/4/90 proposal was for a 13 -foot height variance for a total height of 45 feet. Mr. O'Neill explained to Planning Commission members the City Council action that was taken on April 10, 1989, to reaffirm the maximum amounts allowed in the 800 lineal feet from the I-94 area as follows: The maximum pylon sign square footage to remain at 200 square feet, and the maximum height to remain at 32 feet above the public right-of-way from which it receives its major exposure, and the number of pylon signs be limited to one sign per property. Chairperson Dan McConnon then opened the meeting for input from the public. Mr. Mark Anderson, applicant, was present to explain to Planning Commission members and the public his rationale for granting approval of the variance, citing other instances where additional height for pylon signs was granted for fast food places, convenience stores, motels, and gasoline service stations. He indicated the precedent had already been set, and he was merely asking to be treated the same. He explained that a good share of his business would be in the form of 200 or more new people per day coming to the Subway Shop to eat. The intent wasn't to attract patrons from other eating establishments or local residents but to attract people traveling on the freeway that are looking for a Subway Shop in which to stop and eat. Mr. Anderson acknowledged that his primary exposure would be the east bound I-94 traffic and the people exiting the first exit off I-94, and he acknowledged the exposure that would be gained from his sign if placed at the 45 -foot height. He also explained that some exposure would be gained from the west bound traffic on I-94 if the sign was placed at the 45 -foot height. With no further input from the public, Chairperson Dan McConnon opened the meeting for discussion amongst Planning Commission members. Planning Commission members felt sympathetic to Mr. Anderson's request to have additional pylon sign height as do other businesses in the area. Unfortunately, the Planning Commission and the City Council reaffirmed their ordinance requirements in regard to the maximum amounts allowed in the 800 lineal feet from the I-94 area as follows: Maximum sign square footage remain at 200 sq ft; the maximum sign height remain at 32 feet above the public right-of-way from which it receives its major exposure; and the maximum number of pylon signs be limited to one sign per property. Page 4 0 Planning Commission Minutes - 9/4/90 Therefore, a motion was made by Richard Martie, seconded by Jon Bogart, to deny the variance request to allow additional pylon sign height over the maximum 32 feet allowed. Motion carried unanimously. Reason for denial: The Planning Commission would like to stick to the City Council's decision made on April 10, 1989, to reaffirm the maximum amounts allowed in the 800 lineal feet from the I-94 area, as no hardship was sufficiently demonstrated. Public hearing --A variance request to allow no curbing in a certain area of a parkinq lot. A request to allow less than the minimum required tree plantinq size. Applicant, Tappers, Inc. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public Nr. Tapper's request to allow no curbing in a certain area of a parking lot. The area in question would be for parking lot expansion at some point in time in the future. Chairperson Dan McConnon opened the public hearing. There being no input from the public, he closed the public hearing and asked for discussion amongst Planning Commission members. Planning Commission members agreed that this would be acceptable as long as it did not affect the drainage. The City's consulting engineering firm, OSM, reviewed this request and felt drainage would not be affected by no curbing in this area. They also discussed approving the variance for up to three years. If at that time there was no building addition or parking lot expansion, the applicant would come back for review of the variance request and ask for additional time. Motion was made by Cindy Lemm, seconded by Richard Carlson, to approve the variance request to allow no curbing in a certain area of a parking lot with the applicant to come back within three years, September 1993, to renew his request if the applicant has not expanded his parking lot. Notion carried unanimously. Reason for approvals The City's consulting engineer, after review of the drainage as shown, felt that there would be no adverse effects by no curbing in this portion of the parking lot. Nr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public Nr. Tapper's request to allow lose than the minimum required overstory tree planting size. The total number of trees that would be less than the minimum 2-1/2 inch diameter would be 14. The total number of trees that are required to be planted is 24. Mr. Tapper is proposing to plant 28 total trees. Page 5 O Planning Commission Minutes - 9/4/90 Chairperson Dan McConnon then opened the meeting for input from the public. Mr. Tapper indicated they would like to have more trees than what is required to better complement the landscaping layout as presented. Chairperson Dan McConnon then closed the public hearing and asked for further discussion amongst Planning Commission members. Planning Commission members felt there would be no problem with granting the request if the developer is willing to put in more trees than the minimum required and they are only 1/2 -inch in diameter less than the minimum requirement. Motion was made by Jon Bogart, seconded by Richard Hartle, to approve the variance request to allow lees than the minimum required tree planting size. Motion carried unanimously. Reason for approval: Because the applicant is proposing to plant more trees than required, and because there is only a 1/2 -inch difference between what is required and the diameter of the trees to be planted, the impact, if any, as the trees develop would be very minimal. Exception to all areas not otherwise improved in accordance with approved site plans shall be sodded. 11 The applicant is proposina undisturbed areas =ontainina existing viable and natural vegetation which can be maintained free of foreign and noxious plant materials. 2) The areae designated as open space or future expansion areas properly Dlanted and maintained with prairie grass_ Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public Mr. Tapper's request to allow certain areas of their open apace to be planted and maintained in native prairie grass and wild flower plantings. Mr. O'Neill referred to Mr. Kevin Norby, the landscape architect for Tapper's, Inc., to explain the areae in which they are proposing to plant the prairie grass and wild flowers. Mr. Norby explained to Planning Commission members and the public the landscaping plan which his firm has designed for Tapper's, Inc., for planting certain areas of the site with a native prairie grass and different species of wild flowers. Mr. Norby highlighted the areas in which the proposed plantings were to take place and the areas that would be planted under the conventional method of shrubs and landscaping rocks, sod, or seed. Mr. Norby indicated the company which would be supplying and installing the native Page 6 0 Planning Commission Minutes - 9/4/90 prairie and wild flower seedings would be Prairie Restorations, Inc., of Princeton, Minnesota. They also have a contract for one year's maintenance of the plantings once they are installed. There being no further input from the public, Chairperson Dan McConnon then closed the public hearing and asked for discussion amongst the Planning Commission members. The Planning Commission members were concered about how the native prairie grasses and wild flowers were to be planted and maintained and the heights which would be achieved at maximum planting height. Another concern was how these plantings would reflect our current public nuisance ordinance regarding maximum grass height. There being no further discussion amongst the Planning Commission members, a motion was made by Richard Martie, seconded by Richard Carlson, to recommend to the City Council the planting of native prairie grass and species of wild flowers in certain areas of the Tappers, Inc., building site as defined in their landscaping plan. Notion carried unanimously. 7. Public hearing --A conditional use request to allow expansion of an outdoor rental use in a B-3 (fiighwav business) zone. Applicant, General Rental. Nr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public Mr. Chihos' request to expand an outdoor rental use in a B-3 (highway business) zone. awhile showing a video of the property, Mr. O'Neill explained where Mr. Chihos has expanded his display of equipment into the green area and into the public right-of-way in front of his lot. In reviewing Mr. Chihos' original conditional use request, there were very few, if any, conditions other than what was required of him as conditions to his conditional use permit. Mr. O'Neill indicated that possibly there should be some additional conditions added to Mr. Chihos' conditional use request for expansion of his rental business. Under condition 01, the outside services, sales, and equipment rental connected with a principal use is limited to 30% of the gross floor area, which is 710 aq ft. The area Mr. Chihos would like to use for outside display of rental equipment would be approximately 5,500 sq ft; therefore, he is requesting an additional 4,780 sq ft. Page 7 9 Planning Commission Minutes - 9/4/90 Chairperson Dan McConnon then opened the meeting for input from the public. Mr. Ron Chihos, part owner of General Rental, explained to Planning Cosmission members his conditional use request to expand his rental business in the B-3 (highway business) zone. Mr. Chihos indicated the additional 25 feet of lot width on the northerly portion of the property would allow the existing U—Haul trucks and trailers to be parked at an angle on this 25 -foot portion which he is purchasing from the owners of the adjoining property. Also, by creating this 25 -foot area for parking the U -Haul trucks and trailers, it would also open up the area for parking and within his parking lot. The biggest problem that Mr. Chihos encounters when his customers pick up or drop off equipment and have a trailer behind their vehicle is that it's very tough to maneuver and get out of the parking lot. Chairperson Dan McConnon then closed the public hearing and asked for discussion amongst Planning Commission members. Planning Commission members discussed how the green area has been diminshed because it has been used for parking rental equipment. If the area is to be opened up and returned to a green area, it should also meet the minioum requirements of landscaping. The minimum number of overstory trees to be planted would be S with the 25 -foot lot expansion. The curbing in the easterly portion of the lot could be expanded to within 5 feet of the property line to allow display of rental equipment as long as it did not use any of the off- street parking requirements. There being no further input from the public, motion was made by Richard Martie, seconded by Jon Bogart, to approve the conditional use request to allow expansion of an outdoor rental use in a B-3 (highway business) some with the following conditions. 1. The 5 -foot green area is to be maintained with no parking of rental equipment in the 5 -foot green area between the property line and the parking lot curbing. 2. A minimum of five overstox-y trees are to be planted, preferably along the northerly property line. 3. The area for display of the rental equipment is to be hard surfaced. Page 8 0 Planning Commission Minutes - 9/4/90 4. The square footage of the rental storage area is to be increased from the minimum amount of 720 sq ft to 5,500 sq ft of outdoor rental display square footage area. Motion carried unanimously. S. Public hearinq--A conditional use request to allow a used automobile/liaht truck sales in a B-3 (hiahwav business) zone. Applicant, Hoglund Transportation. Mr. O'Neill, Assistant Administrator, explained to Planning Commission members the applicant did not supply the information as needed in a timely manner and asked that the public hearing be opened and continued. It was the consensus of the five Planning Commission members that the item be continued until the next Planning Commission meeting in October. 9. Public hearing --A variance reauest to allow less than the minimum 4,500 sg ft sales and displav area. Applicant, Hoglund Transportation. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members the applicant had failed to submit the information needed in a timely manner and asked that the public hearing be opened and continued until the next meeting In October. The consensus of the five Planning Commission members was to open the public hearing and continue it until the October Planning Commission meeting. ADDITIONAL INFORMATION ITEMS I. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members a proposed amendment to the sign ordinance. He explained that he would like a recommendation from the Planning Commission members to pass on to the City Council as to whether or not the sign ordinance should be amended. The ordinance section for Planning Commission members to consider amending would be the portion in which an existing non -conforming sign cannot be changed to another non- conforming sign. Under the current sign ordinance, the existing sign faces can be removed and a new one put in place even though it is not the same company or business that is changing the sign face. This is allowed under the permit Page 9 0 Planning Commission Minutes - 9/4/90 process. The proposed ordinance amendment would require that if only a new face was installed on an existing non -conforming sign, the non -conforming sign would have to be brought into conformance or a permit would not be granted. Much discussion centered around if this was actually a permit requirement or if someone could go ahead and do it without a permit. The general consensus of the Planning Commission members present was to propose an ordinance amendment that a permit would be required if the sign face is changed on a non- conforming sign, and no permit would be allowed for the sign face change unless they go through the variance process or the non -conforming sign is brought into compliance prior to changing the sign face. Consideration of a variance request which would allow a parking perimeter to be established without curb in a location within 20 feet of an adjoining parcel. Applicant, Martie's Farm Service. Council action: No action required, as the request did not come before them. 3. Consideration of a variance request to allow development of a driveway area without hard surface. Applicant, Martie's Farm Service. Council actions Denied the request; hard surfacing to be required in the far east portion of the loading/ unloading area. 4. Consideration of a conditional use permit allowing a reduction in parking lot design requirements. Applicant, Martie'e Farm Service. Council action: Approved with conditions . S. Consideration of approval of a preliminary plat of the Sandberg East Second Addition, which is a replat of the Sandberg East subdivision. Applicant, John Sandberg. Council actions Approved as per Planning Commission recommendation. 6. Motion was made by Richard Martie, seconded by Richard Carlson, to set the next tentative date for the Iionticello Planning Commission meeting for Tuesday, October 2, 1990, 7:00 p.m. Motion carried unanimously with Cindy Lemm absent. Motion was made by Richard Martie, seconded by Jon Bogart, to adjourn the meeting. The motion carried unanimously with Cindy Lemm absent. The meeting adjourned at 9:38 p.m. Respectfully submitted, / Gary .Neeon Zoning Administrator Page 10 0 Planning Commission Agenda - 10/2/90 3. Public Nearing --A repuest to amend Section 3-5 M 9 tot All driveway access openings shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Building InspQeector. Sine of culverts shall be determined by the Building Inspector but shall be a minimum of fifteen (15) inches in diameter. Applicant. City of Monticello. (G.A.) A. REFERENCE AND BACKGROUND: The proposed ordinance amendment would increase the minimum size of culverts under driveways from twelve (12) inches in diameter to a minimum of fifteen (15) inches in diameter. This matter comes before you as a housekeeping matter needed to update our ordinance to meet our new minimum requirements. B. ALTERNATIVE ACTIONSt 1. Approve the ordinance amendment to increase the minimum culvert size to fifteen (15) inches in diameter. 2. Deny the ordinance amendment to increase the minimum culvert size to fifteen (15) inches in diameter. C. STAFF RECOWENDATION: The staff recommends approval of the ordinance amendment to increase the minimum culvert size from twelve (12) inches in diameter to fifteen (15) inches in diameter. As development occurs and culverts are needed for driveways, we feel the minimum size needed to handle any type of minimal drainage will be fifteen (15) inches in diameter. D. SUPPORTING DATA: Copy of the ordinance section to be amended. C 3-5 [D)9(q) 3-5 [D]9(s) (q) ALL DRIVEWAY ACCESS OPENINGS shall require a culvert unless the lot is served by storm sewer or is determined unnecessary by the Building Inspector. Size of culvert shall be determined by Building Inspector but shall be a minimum of twelve (12) inches in diameter. (r) CURBING: i. All commercial and industrial off-street parking areas and driveways in commercial areas shall have a six (6) inch nonsurmountable continuous concrete curb around the perimeter of the parking area and driveways. ii. All off-street parking in the I-1 and 1-2 districts shall have an insurmountable curb barrier which, if not constructed of six (6) inch continuous concrete curbing, shall require prior approval from the Planning Commission and City Council. Driveways in the I-1 and I-2 districts shall have a six ( 6 ) inch insurmountable continuous concrete curb along its perimeter. iii. All curb designs and materials shall be approved by the City Engineer. EXCEPTIONS: See D. 9 (s) Stall Aisle and Driveway Design Conditional Use Permit. (#194, 1/9/90) (s) STALL AISLE AND DRIVEWAY DESIGN CONDITIONAL USE PERMIT: Stall aisle and driveway design requirements as noted in (k) Surfacing, (o) Curbing and Landscaping, and (r) Curbing, may be lessened subject to the following conditions: L. Any reduction in requirements requires completion of the conditional use permit process outlined in Chapter 22 of this ordinance. IL. Final approval of parking and driveway drainage plans associated with conditional use permit request shall be provided in writing by the City Engineer. Engineering expenses greater than portion of building per:: fee allocated for engineer pian review shall be paid by applicant prior to occupancy of structure. Planning Commission Agenda - 10/2/90 4. Public Nearing --A request to amend Section 3-1 (I) of the zonina ordinance by adding the followina paraaraph: Normal maintenance, necessary non-structural reDairs. and incidental alteration of a lawful non -conforming scan includes repair or maintenance of existina lettering done without chanaina the subiect, form. color, or design of the lawful non -conforming Sian. ADDlicant. Citv of Monticello. (J.O.) A. REFERENCE AND BACKGROUND: As you recall, this item was discussed at the previous meeting of the Planning Commission, at which time the Planning Commission was informed that the City is unable to enforce the provision of the ordinance that prohibits changing of non- conforming signs because of contradictory language within the ordinance. In response to this information, staff was directed by the Planning Commission to develop an ordinance amendment that would eliminate the contradiction and thus allow the City to enforce the provision of the ordinance that prohibits changes to non -conforming signs. Such an amendment has been created and is attached for your review. The City Attorney has reviewed the amendment and has indicated that the amendment will close the loophole In the ordinance. The ordinance amendment closes the loophole by providing language that specifies or defines allowable maintenance to a non -conforming sign. Anything done to a lawful non -conforming sign that is not consistent with maintenance as defined in the amendment would be considered a "change" which is not allowed by ordinance. Please see the amendment for further detail. B. ALTERNATIVE ACTIONS: 1. Motion to approve amendment to zoning ordinance as proposed. If the Planning Commission is comfortable with the notion that lawful non -conforming signs or sign systems should not be allowed to "change" without conforming to the ordinance, then this amendment should be approved. 2. Notion to deny amendment to zoning ordinance as proposed. C. STAFF RECOMMENDATION: If the Planning Commission wishes to close the loophole that now allows non -conforming signs to be changed, then this amendment should be adopted. D. SUPPORTING DATA: Copy of proposed ordinance amendment. 3-1 [D] f.� i\ I��I• Ord' nd ICC -- - (D] No non-conforming building, structure or use shall be moved to another lot or to any other part of the parcel of land upon which the same was constructed or was conducted at the time of this Ordinance adoption unless ouch movement shall bring the non-conformance into compliance with the requirements of this Ordinance. (E] When any lawful non-conforming use of any structure or land in any district has been changed to a conforming use, it shall not thereafter be changed to any non-conforming use. (P) A lawful non-conforming use of a structure or parcel of land may be changed to lessen the non-conformity of use. Once a non-conforming structure or parcel of land has been changed. it shall not thereafter be so altered to increase the non-conformity. (C] If at any time a non-conforming building, structure or use shall be destroyed to the extent of more than fifty (50) percent of its estimated market valuo, said value to be determined by the City or County Assessor, then without further action by the Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by these atoning regulations for the district In which such land and buildings are located. Any building which is damaged to an extent of Leon than fifty (50) percent of its value may be restored to its former extent. Estimate of the extent of damage or destruction shall be made by the Building Inspector. LH] Whenever a lawful non-conforming use of a structure or land is discontinued for a period of six (B) months, any future use of said structure or land shall be made to conform with the provialons of this Ordinance. [ 1 J Normal maintenance of a building or other structure containing or related to a lawful non-conforming use is permitted, including necessary non-structural repairs and incidental alteration whish do not physically extend or intensify the non-conforming use. 3-1 [I] 0 Ora�, amendmcnt ORDINANC! AMENDMENT NO. THE CITY COUNCIL OF MONTICELLO HEREBY ORDAINS THAT ORDINANCE SECTION 3-1 (I] OF THE ZONING ORDINANCE BE AMENDED TO READ AS FOLLOWS: 3-1: NON -CONFORMING BUILDINGS, STRUCTURES, AND USES: (I] Normal maintenance of a building or other structure containing or related to a lawful non -conforming use is permitted, including necessary non- structural repairs and incidental alteration which do not physically extend or intensify the non- conforming use. Normal maintenance, necessary non-structural repairs, and incidental alteration of a lawful non- conforming sign includes repair or maintenance of existing lettering done without changing the subject, form, color, or design of the lawful non- conforming sign. Adopted this day of October, 1990. City Administrator I Mayor O Planning Commission Agenda - 10/2/90 5. A continued public hearing --A conditional use request to allow used automobile/110t truck sales in a B-] (highway business) zone. Ailolicant. Hoalund Transportation. (J.0.) AND 6. A continued public hearing --A variance re(Luest to allow less than the minimum 4.600 square feet of safes and display area. A�Dlicant. Hoglund Transportation. (J.0.) A. REFERENCE AND BACKGROUND: Attached is a portion of the information regarding the two Items referenced above. Due to unexpected ciraumatances, this agenda supplement couldn't be written on Friday. we will deliver the additional information as soon as possible on Monday. Thank you for your understanding. U Planning Commission Agenda - 10/2/90 5. Public Hearing --Consideration of a conditional use request to allow used automobile/light truck sales in a B-3 (highway, business) sone. Applicant. Hoolund Transportation. (R.W.) AND 6. Public Hearin --A variance request to allow less than the minimum 4,500 square feet of sales and display area. Applicant. Hoolund Transportation. (R.W.) A. REFERENCE AND BACKGROUND: Hoglund Transportation requests a conditional use permit which would allow establishment of an automobile sales lot along Oakwood Drive. The location of the used car sales lot would actually be on the property that contains the Hoglund residence; however, the sales lot is proposed as a new use associated with the Hoglund Transportation operation. Along with the conditional use permit request is a request for variances which would allow operation of a sales office with less than the minimum requirement of 4,500 square feet and allow establishment of a sales lot area with less than the required 22,500 square feet of area. The existing Hoglund Transportation office would also be the site of the sales office. The size of the structure is approximately 3,000 square feet in total area. The parking lot area proposed is 58' X 581which equals 3,360, which is significantly smaller than the required area of 22,500 required by ordinance. This provision of the ordinance was probably established to limit development and proliferation of "pop stand" sales lots and acts to limit auto sales to large sites. This condition limits the ability of commercial properties to be used for dual purposes and would eliminate the potential for use of "extra" property as a sales lot. Approval of these variances would allow any B-3 property with 3,600 square feet of available area to convert to an auto sales lot. BITE PLAN REVIEW The site plan presented calls for development of a sales lot in front of an existing garage. The lot would have the capacity to store approximately 10 cars. Hoglund has proposed to pave the sales lot area per city requirements. In addition, Hoglund will be installing a culvert under the drive leading to the Hoglund offices. Installation of the culvert will eliminate the potential of flooding of the parking area and will allow water from the east to be conveyed to a drainage Swale leading to the freeway ditch. The plan also calls for reservation of two customer parking spaces. Planning Commission Agenda - 10/1/90 The site plan does not show curb and gutter, which is required by ordinance. This matter can be resolved by the applicant amending the site plan to include curb or by obtaining a variance to the curb requirement. At first blush, despite the site area variances and parking dilemma, the above plan appears to be reasonable, and Planning Commission may wish to accept the plan while adding a few conditions as listed in alternative 01. On the other hand, the concept of expanding the Hoglund Transportation operation as proposed does conflict with rules governing expansion of the operation of a lawful non -conforming use. The current operation does not conform to parking lot design standards nor does it conform to certain landscaping requirements. Existing parking and drive areas include both paved and dirt surfaces and do not include curb systems. In addition, tree plantings normally required along the perimeter of a development site are also absent. These are two obvious examples of non- conformity; there may be others. Technically, Ln order for the transportation company to expand, it must comply with existing ordinances. Following are excerpts from the ordinance that apply. 3-1: NON -CONFORMING BUILDINGS, STRUCTURES AND USES: [A) PURPOSE: It is the purpose of this section to provide for the regulation of nonconforming buildings, structures, and uses and to specify those requirements, circumstances, and conditions under which non -conforming buildings, structures, and uses will be operated and maintained. The Zoning Ordinance establishes separate districts, each of which Is an appropriate area for the location of uses which are permitted in that district. It Is necessary and consistent with the establishment of these districts that non- conforming buildings, structures, and uses not be permitted to continue without restriction. furthermore, it is the intent of this section that all non -conforming uses shall be eventually brought into conformity. [8) Amory structure or use lawfully existing upon Me effective date —oT thie ordinance shall not be enlarged but may be continued at the size and in the manner of operation existing upon such date except an hereinafter specified or subsequently amended. Planning Commission Agenda - 10/2/90 Planning Commission needs to determine to what extent it wishes to hold fast to the stated goal of the intent of regulations governing non -conforming uses, which is to bring all non -conforming uses into conformity. Approval of the conditional use permit without addressing this issue would weaken the City's ability to attain the goal above. B. ALTERNATIVE ACTIONS: 1. Notion to approve conditional use permit allowing new and used automobile/light truck sales and display subject to the following conditions and motion to grant a variance request to allow less than the minimum 4,500 square feet of sales and display area and allow less than the minimum 22,550 square feet of outside display area. ORDINANCE REWIRMUMS 1. The enclosed principal use (sales and display office) is a minimum of 4,500 square feet, excluding the area used for mechanical repair and reconditioning (variance included in motion). 2. Outside sales and display areas are fenced or screened from view of neighboring residential uses or an abutting "R" District in compliance with Chapter 3, Section 2 [0), of this ordinance. (Does not apply because residential use is actually on the site, not abutting R district.) 3. All lighting shall be hooded and so directed that the light source shall not be visible from the public right-of-way or from neighboring residences and shall be in compliance with Chapter 3, Section 2 (H), of this ordinance. 4. The outside sales and display area shall be hard surfaced. 5. The outside sales and display area does not utilise parking spaces which are required for conformance with this ordinance. 6. Vehicular access points shall create a minimum of conflict with through traffic movements shall comply with Chapter 3, Section 5, of this ordinance (parking design requirements); and shall be subject to the approval of the City Engineer (curbing must be installed). 14. A culvert shall be installed under the drive leading to the Hoglund Transportation office. Under this alternative, the development would be allowed to occur with the following precedents being set: 1. A non -conforming use would be allowed to expand without first being required to conform to ordinance. 2. There does not appear to be a hardship or unique circumstance to justify the variances requested; therefore, a precedent would be set which could result in proliferation of small or "pocket" auto sales lots in the B-3 sone. 2. Notion to deny said conditional use permit request based on the finding that: 1. Approval of the conditional use permit would impair the intent of the regulations governing expansion of lawful non -conforming uses; therefore, the request must be denied. Planning Commission Agenda - 10/2/90 7. There is a minimum lot area of twenty-two thousand five hundred (22,500) square feet and minimum lot dimensions of one hundred fifty (150) feet by one hundred thirty (130) feet (variance addressing this ordinance requirement). S. A drainage system subject to the approval of the City Engineer shall be installed. 9. All signing shall be in compliance with Chapter 3, Section 9, of this ordinance. 10. The provisions of Chapter 22 of this ordinance are considered and satisfactorily met. ADDED CONDITIONS SUGGESTED ST STAFF 11. No more than 10 care may be parked for sale at any one point in time. 12. Four trees shall be planted east of the two garages on the site. 13. The conditional use permit requires common ownership of the property containing the office space and the site of the sales lot. 14. A culvert shall be installed under the drive leading to the Hoglund Transportation office. Under this alternative, the development would be allowed to occur with the following precedents being set: 1. A non -conforming use would be allowed to expand without first being required to conform to ordinance. 2. There does not appear to be a hardship or unique circumstance to justify the variances requested; therefore, a precedent would be set which could result in proliferation of small or "pocket" auto sales lots in the B-3 sone. 2. Notion to deny said conditional use permit request based on the finding that: 1. Approval of the conditional use permit would impair the intent of the regulations governing expansion of lawful non -conforming uses; therefore, the request must be denied. Planning Commission Agenda - 10/1/90 1. No hardship exists with regards to the variance request= therefore, approval of said variances would impair the intent of the ordinance and could result in proliferation of small auto sales lots at the detriment of other uses in the B-3 zone. Under this alternative, the applicant would not be able to develop at this site in the manner proposed. As a spin-off to alternative 01, Planning Commission may indicate that a variance to the area requirements might be acceptable as long as the existing non -conforming aspects of the original site are brought up to code. STAFF RBCO)WNDATION: Staff recommends that the conditional use permit be denied until such time that the existing site is brought up to code. The ordinance is very clear on this matter. Unless the Planning Commission is willing to change the ordinance regarding non -conforming uses, this application should be denied. If the applicant agrees to bring the entire site up to code, then the issue of the variance to the minimum site area needs to be addressed. Since there is no hardship associated with the variance request, it may be difficult to justify granting the variance without creating the possibility of development of a used car lot in other B-3 areas that have 3,000 extra feet of unused property and access to nearby office space. D. SUPPORTING DATA: Previously delivered. I NINETY-FOUR SERVICES, INC. 0� 118 E OAKW000 0R. • MONTK LLO, MN 55382 85 (612) 23881 • METRO 33"M September 26, 1990 Request Variance for Lot and Sign Sales Lot to be approximately 57' x 57' to display approximately 10 cars and to include two (2) customer reserved parking spaces and to put up a sign that complies with city ordinance 16' high less than 24 ft. and to plant 4 trees east of 2 garages on site. c ocdon Hoq and Owner Trucking — Leasing — Charter Service — Body Shop — Towin J r. , .. �� T . •�, '' I�c 9,� 'r V 4 +� ., \ l �j y1 \� , \ r - � �• �. �►� _.w •+a M• .. ` ^Vim � r T �� +a- • � r, •�/ / S,� ���` 4 ,� Planning Commission Agenda - 10/2/90 �. 7. Review preliminary proposal for development of a_church facility in an R-1 sone. Applicant, A Glorious Church. (J.O.) A. REFERENCE AND BACKGROUND: Planning Commission is asked to review the following site plan information which proposes development of a church facility in an R-1 zone. The church location consists of 7 acres of land on the Robert Krautbauer property. Pastor Dan Gassler and his father, Jake Gassler, will be in attendance to review the site plan and to answer any Questions that you might have. Formal consideration of this matter will not occur until the November meeting of the Planning Commission. Staff will be preparing a formal site plan review for the November meeting. Also, the applicant requests that the Planning Commission return the site plan information booklet after final consideration in November. Please do not throw them away when you are finished. Thanks. D. SUPPORTING DATA: Site plan booklet. C