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Planning Commission Agenda Packet 12-04-1990r AGENDA REG'=R MEETING - KONTICELLO PLANNING COMMISSION Tuesday, December 4, 1990 - 7:00 p.m. Members: Dan 14cConnon, Richard Martie, Richard Carlson, Cindy Lemm, and Jon Bogart 7:00 pm 1. Call to order. 7:02 pm 2. Approval of minutes of the regular meeting held November 7, 1990. 7:04 pm 3. Public Hearing --A variance request to allow construction of a detached garage within the rear yard setback requirement. Applicant, Anton and Cecelia Banyai. 7:19 pm 4. Public Hearing --An ordinance amendment to Section 3-9 (C) 4 to include: ( j) A permit for a public sign in the form of a decorative banner to be displayed on public property for a period of one (1) year. A permit shall be issued for each year that the decorative banners are displayed. Applicant, City of Monticello. 7:34 _ Pm 5. Continued Public Hearing --A conditional use request to allow used automobile/light truck sales in a B-3 (highway business) zone. Applicant, Hoglund TransportatLon /Ninoty-four Services. 7:59 pm 6. Continued Public Hearing --A variance request to allow less than the minimum 4,500 eq ft of sales and display area. Applicant, Hoglund Transportation/Ninety-four Services. ADDITIONAL INFORMATION ITEMS 8:14 pm 1. A variance request to allow expansion of a non- conforming structure in an R-1 (single family residential) zone. Applicant, David and Dianne Hyttsten. Council actions No action required, as the request did not come before them and was also not considered by the Planning Commission. 8:16 pm 2. A variance request to allow construction of an attached garage within the front yard setback requirement. Applicant, David and Dianne Hyttsten. Council action: No action required, as the request did not come before them. Planning Commission Agenda December 4, 1990 Page 2 8:18 pm 3. A variance request to allow construction of an attached garage within the side yard setback requirement. Applicant, Mark and Joanne Burandt. Council action: No action required, as the request did not come before them. 8:20 pm 4. A simple subdivision request to subdivide an existing unplatted tract of residential land into two unplatted tracts of residential land. Applicant, Robert and Betty Krautbauer. Council action: Approved as per Planning Commission recommendation with the exception of the deletion of condition i3. 8:22 pm 3. A conditional use request to allow a church facility in an R-1 (single family residential) zone. Applicant, A Glorious Church. Council action: Approved as per Planning Commission recommendation. 8:24 pm 6. A preliminary plat request to replat portions of an existing residential subdivision. Applicant, John Sandberg. Council action: Approved the preliminary replat of the Sandberg East subdivision and grant the variance to Section 11-4-2 of the subdivision ordinance requiring that every lot must have minimum frontage as required in the zoning ordinance on a City -approved street other than an alley. Approval of the final plat subject to three conditions. 8:26 pm 7. An ordinance amendment to Section 3-9 [C] 4 to include: (j) A permit for a public sign in the form of a decorative banner to be displayed on public property for a period of one (1) year. A permit shall be issued for each year that the decorative banners are displayed. Applicant, City of Monticello. Council actions Ordinance amendment failed due to lack of tour -fifths vote with one Council member absent. 8:28 pm 8. A conditional use request to allow used automobile/ light truck sales in a B-3 (highway business) zone. Applicant, Hoglund Transportation/Ninety-four Services. Council action: No action required, as the request did not come before them. c Planning Commiselon Agenda l December 4, 1990 Page 3 8:30 pm 9. A variance request to allow less than the minimum 4,500 sq ft of sales and display area. Applicant, Hoglund Transportation/Ninety-four Services. Council action: No action required, as the request did not come before them. 8:32 pm 10. Set the next tentative date for the Monticello Planning Commission meeting for Wednesday, January 2, 1991, or Tuesday, January 8, 1991, 7:00 P.M. 8:34 pm 11. Consideration of renewal of individual annual Planning Commission member appointments. 8:44 pm 11. Adjournment. Aa MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Wednesday, November 7, 1990 - 7:00 p.m. Members Present: Richard Martie, Richard Carlson, Cindy Lemm, Jon Bogart Members Absent: Dan McConnon Staff Present: Gary Anderson, Jeff O'Neill The meeting was called to order by Acting Chairperson, Cindy Lemm, at 7:02 p.m. 2. Motion was made by Jon Bogart, seconded by Richard Martie, to approve the minutes of the regular meeting held October 2, 1990. Motion carried unanimously with Dan McConnon absent. 3. Public Hearinq--A variance request to allow expansion of a non -conforming structure in an R-1 (single family residential)_ zone. Applicant. David and Dianne Hvttaten. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public that with further review, the variance request to allow expansion of a non -conforming structure in an R-1 (single family residential) zone would not be applicable. It was staff's interpretation that the average setback from the Jim Maus residence to the west and the Vokaty residence to the east of the Hyttstens' property, it is determined that the existing garage is not in the setback requirement. Therefore, it is a conforming structure, and no action is required. 4. Public Hearinq--A variance request to allow construction of an attached caraae within the front vard setback requirement. Applicant, David and Dianne Hvttsten. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public the variance request to allow construction of an attached garage within the front yard setback requirement. To determine the setback requirements for their variance request, with the Jim Maus residence adjacent to the west which has a setback in excess of the minimum 30 -foot front yard setback, the Hyttstens can construct a garage to within 57.4 feet from their front property line. This would allow the Hyttstons to construct only a 2.1 foot addition to their garage. The Hyttstens are proposing to construct the garage to within 35.5 feet from the front property line. Their request for the setback would be the same as the existing setback of the Vokaty residence to the east, which has a 35.5 foot setback requirement. Page 1 U Planning Commission Minutes - 11/7/90 Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for discussion among the Planning Commission members. They were in favor of the proposed addition to the existing garage if the new setback for the garage addition would come no closer than the adjoining Vokaty residence to the east of the Hyttsten residence. A motion was made by Jon Bogart, seconded by Richard Martie, to approve the variance request to allow construction of an attached garage within the front yard setback requirement. Motion carried unanimously, with Dan McConnon absent. Reason for approval: With the setback coming no closer than the existing setback of the Vokaty residence to the east of the Hyttsten residence, and on the two front lots in the Pitt Addition, there would be two more houses that could be constructed that would closer than the setback that the Hyttstens are requesting, the values of the adjoining properties are not going to depreciate in value due to the construction of this addition. 5. Public Hearing --A variance request to allow construction of an attached garage within the side yard setback requirement. Applicant, Mark and Joanne Burandt. Gary Anderson, Zoning Administrator, explained to Planning Commission members and the public the Burandt's variance request to allow construction of an attached garage within the side yard setback requirement. The Burandt's property is similar to other residences in the neighborhood. The house was built in the center of the lot, and there wasn't room for much more than an oversized single car garage. The minimum 22' x 24' garage is the standard width of the garages constructed today. The Burandts are proposing to construct a garage addition to within 5 feet of the side property line with the front left most portion of the garage addition, and the rear left most portion of the garage would be set back 10 feet from the side property line. The Burandts are proposing to construct a closet area to the south of their existing steps which would come out of the east side of their house. To allow construction of this closet area, it will require an additional 5-6 feet of area to accommodate a closet of this size. Anything lose than this width would necessitate reduction in size of this proposed walkin closet step area. Acting Chairperson, Cindy Lemm, then closed the public hearing and asked for input from the Planning Commission members. The Planning Commission members didn't have any problem with the variance request as presented except to the extent that the setback would encroach on the utility easements. Page 2 9 Planning Commission Minutes - 11/7/90 With no further discussion between Planning Commission members, a motion was made by Richard Carlson, seconded Richard Martie, to allow construction of an attached garage to within 6 feet of the side yard setback requirement. Motion carried unanimously with Dan McConnon absent. Reason for Approval: The proposed garage would not be built within the drainage and utility easement that adjoins the properties with it being constructed to within 6 feet of the property. with the layout of the existing house on the lot and to accommodate entrance into their house from the outside of the garage, it necessitates additional width to accommodate two cars being parked in it side by side. 6. Public Hearing --A simple subdivision request to subdivide an existinq unplatted tract of residential land into two unplatted tracts of residential land. Applicant, Robert and Betty Krautbauer. Jeff O'Neill, Assistant Administrator, explained to the Planning Commission and the public Robert and Betty Krautbauers' simple subdivision request. They are proposing to subdivide off about 7 acres to A Glorious Church for construction of a church facility, subject to approval of the Planning Commission and City Council. Certain conditions should be considered with the simple subdivision request: A 12 -Loot drainage and utility easement must be drafted and recorded around the outside perimeter of the 7 -acre subdivided tract of land to A Glorious Church. B. There is no sewer service off of East County Road 39 to service this property, and the City of Monticello is not responsible for the installation of a sewer service to this simple subdivided property. C. If the new property owner, A Glorious Church, decides to utilize an existing service stubbed out of the City lift station lot, a 30 -foot drainage and utility easement must be drafted and recorded from Robert and Betty Krautbauer describing the area which would be needed for the easement of this sewer service extension. D. An agreement between the Krautbauers, A Glorious Church, and the City must be established which outlines the formula and method for use of sale proceeds to finance payment of assessment debt against the original parcel. Page 3 0 Planning Commission Minutes - 11/7/90 All four of these conditions must be completed on or before 30 days from the November 13, 1990, City Council meeting, which would be anytime before December 13, 1990. Acting Chairperson, Cindy Lemm, then opened the meeting for input from the public. Mr. Jake Gassler, father of Pastor Dan Gasele r, commented on the proposed sewer hookup. The committee is looking at alternative ways to service the property through an existing service line that runs in the East County Road 39 public right-of-way, which would be across the road from their proposed project site, or utilizing the existing sewer stub out of the City of Monticello's lift station lot. They were also looking at creating an additional driveway to service the property at some future point in time. It was suggested by Zoning Administrator, Gary Anderson, that the church start the process now with the Wright County engineers office to try to obtain easement for an additional driveway approach. With no further input from the public, Acting Chairperson, Cindy Lemm, closed the public hearing and opened the meeting for input from the Planning Commission members. With no further discussion among Planning Commission members, a motion was made by Richard Carlson, seconded by Jon Bogart, to approve the simple subdivision request to subdivide an existing unplatted tract of land into two unpl atted tracts of residential land with the following conditions. These conditions must be completed on or before 30 days from the November 14, 1990, City Council meeting, which would be any time before December 13, 1990. a. The 11 -foot drainage and utility easement must be described and recorded around the perimeter of this 7 -acre subdivided tract of land to A Glorious Church. b. There is no sewer service off of East County Road 39 to service this property, and the City of Monticello is not responsible for the installation of sewer service to this simple subdivided property. C. If the new property owner, A Glorious Church, decides to utilize an existing service stubbed out of the City lift station lot, a 30 -foot drainage and utility easement must be drafted and recorded from Robert and Setty Rrautbauer describing the area which would be needed for the easement of this sewer service extension. Page 4 O Planning Commission Minutes - 11/7/90 An agreement between the Rrautbauers, A Glorious Church, and the City must be established which outlines the formula and method for use of sale proceeds to finance payment of assessment debt against the original parcel. Motion carried unanimously, with Dan McConnon absent. Public Hearinq--A conditional use request to allow a church facility in an R-1 (sinale family residential) zone. Applicant, A Glorious Church. Jeff O'Neill, Assistant Administrator, explained to the Planning Commission members and the public A Glorious Church's request to allow a church facility in an R-1 (single family residential) zone. Mr. O'Neill explained through a video presentation how a church facility located on a portion of this subdivided unplatted tract of land would be reflected with the surrounding residential properties and residential zoning around it. He went on to explain how the landscaping requirements and parking lot screening requirements would affect this property with the proposed use of a church facility on the property. Acting Chairperson, Cindy Lemm, opened the meeting for input from the public. A Glorious Church representatives were present to answer any questions that the Planning Commission members may have on their proposed project. With no further input from the public, Acting Chairperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission members. Planning Commission members discussed how the property would be screened and how the proposed landscaping would remain as is or subject to their approval at tonight's meeting. Commission members felt this would be a good use for the property and had no problem with the church being located at this property. With no further input from Planning Commission, a motion was made by Richard Carlson, seconded by Richard Martie, to approve the conditional use request with the following conditions: A. City approval of the parking lot landscaping and screening plan. Adequate screening of the parking lot area from abutting residential uses and landscaping must be provided. The screen must be at least 6 feet high and achieve 90% opacity. The screen may consist of either a Page s 9 Planning Commission Minutes - 11/7/90 berm, solid fence, or landscape plantings. Installation of the parking lot screen shall occur at such time that the adjoining residential property is platted. S. City approval of drainage plan must be obtained prior to issuance of a building permit. C. City approval of landscaping plan must be obtained prior to issuance of a building permit. The landscaping plan should include 30 overstory trees to be planted along the perimeter of the developed portion of the property and spaced approximately 35 feet apart. Additional development will precipitate additional plantings. D. City approval of exterior treatment of structure must be obtained to insure compatibility with the neighborhood. Steel exterior materials shall be limited to one-half of the available wall surface. The above conditions were subject to the conditions that prior to a building permit application, the applicant must come back to the Planning Commission members for review of the following conditions: e a. City approval of a parking lot landscaping and screening plan. Adequate screening of parking lot area from abutting residential uses and landscaping must be provided. The screen must be at least 6 feet high and achieve 90% opacity. The screen may consist of either a berm, solid fence, or landocape planting. Installation of the parking lot screen shall occur at such time that the adjoining residential property is platted. b. City approval of drainage plan prior to issuance of building permit. C. City approval of the landscaping plan prior to issuance of building permit. The landscaping plan shall include 30 overstory trees to be planted along the perimeter of the developed portion of the property and spaced approximately 35 feet apart. Additional development to precipitate additional plantings. d. City approval of exterior treatment of structure to insure compatibility with neighborhood. Steel exterior materials shall be limited to one-half of the available wall surface. Page 6 9 Planning Commission Minutes - 11/7/90 Motion carried unanimously, with Dan McConnon absent. Reason for approval: 1. Church development at this site is consistent with the comprehensive plan. 2. Church development at this site is consistent with the geographical area involved. 3. Church development will not tend to or actually depreciate the area. 4. Church development is consistent with the character of the surrounding area. 8. Public Hearina--A vreliminary Plat reauest to remlat portions of an existing residential subdivision. Applicant, John Sandberg. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public Mr. Sandberg's preliminary plat request to replat portions of an existing residential subdivision. The noticeable change that you will see on the ( preliminary plat submitted is that Mr. Sandberg is creating lots in back of the lots which front Gillard Avenue. These lots will not be serviced by a public right-of-way. Mr. Sandberg is proposing a 30 -foot outlot be placed on the south portion of Block 1, Lot 3, and Block 2, Lots 10-16. You will note on the enclosed preliminary plat that there is a proposed 60 feet of right-of-way which Mr. Sandberg does not own. It is owned by Mr. Rod Norell and is used for entrances off of Gillard Avenue to service what is now known as Outlot A, Sandberg East Addition. Mr. O'Neill indicated that the City Administrator, Rick Wolfsteller, and himself had met with Mr. Sandberg to discuss his request in further detail. Acting Chairperson, Cindy Lemm, then opened the meeting for input from the public. Mr. John Sandberg, applicant, explained to Planning Commission members in detail his request to be allowed to place Outlot A on the southerly portion of Block 1, Lot 3, and Outlot B on the southerly portion of Block 2, Lots 10-16. By allowing him to show these two 30 -foot wide outlots on this plat, it will show his intent to Mr. Norell, whom he has talked to. He is the ownor of Outlot A and is in complete agreement, according to Mr. Sandberg, on the creation of two 30 -foot outlote to facilitate half of the right-of-way needed for a proposed 60 -foot wide public right-of-way. Page 7 0 Planning Commission Minutes - 11/7/90 Acting Chaiperson, Cindy Lemm, then closed the public hearing and opened the meeting for input from the Planning Commission members. There was much discussion on the creation of Block 1, Lot 3, and Block 2, Lots 10-16, and Block 3, Lot 3 being created and shown on the plat without access to a public right-of-way. Even though it would be shown on the plat that there are 30 -foot wide outlots to Block 1, Lot 3, and Block 2, Lots 10-16, it still isn't sufficient right-of-way to consider these buildable lots. When the lots are shown on the plat with them meeting the square footage and lot width requirements, one would assume that they are buildable lots. The Commission members were concerned that the City would be liable to a potential buyer of these lots with them being shown as a lot of record even though they have no frontage on a public right-of-way. With no further discussion, a motion was made by Jon Bogart, seconded by Richard Martie, to deny the preliminary plat request to replat portions of an existing residential subdivision. Motion carried unanimously, with Dan McConnon absent. Reason for denial: Block 1, Lot 3; Block 2, Lots 10-161 and Block 3, Lot 1, as shown are not abutting a public right-of- way. Therefore, in their determination, they are not buildable. It was the consensus of the Planning Commission that the plat could possibly be approved if a method for protecting the interests of potential buyers could be developed. 9. Public Hearing --An ordinance amendment to Section 3-9 fC1 4 to include: (j) a permit for a public sign in the form of a decorative banner to be displaved on public oroperty for a period of one (11 veer. A permit shall be issued for each year that the decorative banners are disclaved. AoDlicant, City of Monticello. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members and the public the City of Monticello's request to amend a portion of the sign ordinance to allow a public sign in the form of a decorative banner to be displayed on public property. Amending the ordinance would allow the proposed decorative banners to be displayed in several locations within the city, which will be determined by the Chamber of Commerce and the City of Monticello. They will be placed on poles in the public right-of-way. Currently, attention getting devices need a permit issued for a maximum period of 10 days with a minimum period of 180 days between consecutive issuances of such permits for any property or parcel. Page 8 9 Planning Commission Minutes - 11/7/90 With no further input from the public, Acting Chairperson, Cindy Lemm, opened the meeting for input from the Planning Commission members. Planning Commission members thought the proposed ordinance amendment would be appropriate in that it's serving the good of the public in general. With no further input, a motion was made by Richard Martie, seconded by Jon Bogart, to approve the ordinance amendment to Section 3-9 [C] 4 to include: (j) a permit for a public sign in the form of a decorative banner to be displayed on public property for a period of one (1) year. A permit shall be issued for each year that the decorative banners are displayed. Motion carried unanimously, with Dan McConnon absent. Reason for approval: The amendment as presented would be only for public signs. 10. Continued Public Hearing --A conditional use request to allow used automobile/liqht truck sales in a B-3 (highway business) zone. Applicant, Hoqlund Tranevortation/Ninety-four Services. Mr. O'Neill explained to Planning Commission members that we would like to have this item continued to next month's scheduled Planning Commission meeting. 11. Continued Public Hearinq--A variance request to allow less than the minimum 4,500 aq ft of sales and displaV area. Applicant. Hoglund Transportation/Ninety-four Services. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members that we would like to have this item continued to next month's scheduled Planning Commission meeting. ADDITIONAL INFORMATION ITEMS 1. 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 the culvert shall be determined by the Building Inspector but shall be a minimum of fifteen (15) inches in diameter. Applicant, City of Monticello. Council Action: Approved as per Planning Commission recommendation. 2. Request to amend Section 3-1 (I) of the zoning ordinance by adding the following paragraph: Normal maintenance, necessary nonstructural repairs, and incidental alteration of a lawful, nonconforming sign includes repair or maintenance of existing Page 9 D Planning Commission Minutes - 11/7/90 lettering done without changing the subject, form, color, or design of the lawful, nonconforming sign. Applicant, City of Monticello. Council Action: Approved as per Planning Commission recommendation with the exception of the word "color" removed from the sentence. 3. Continued Public Hearing --A conditional use request to allow used automobile/ light truck sales in a B-3 (highway business) zone. Applicant, Hoglund Transportation. Council Action: No action required, as the request did not come before them. 4. Continued Public Hearing --A variance request to allow less than the minimum 4,500 eq ft of sales and display area. Applicant, Hoglund Transportation. Council Action: No action required, as the request did not come before them. S. Review preliminary proposal for development of a church facility in an R-1 zone. Applicant, A Glorious Church. Council Action: No action required, as the request did not come before them. Set the next tentative date for the Monticello Planning Commission meeting for Tuesday, December 4, 1990, 7:00 p.m. 7. Adjournment. Respectfully submitted, Gary kAderson Zoning Administrator C Page 10 0 Planning Commission Agenda - 12/4/90 3. Public Hearing --A variance request to allow construction of a detached garage within the rear yard setback requirement. ApDlicant. Anton 6 Cecelia Banvai. (G.A.) A. REFERENCE AND BACKGROUND: Mr. and Nrs. Banyai are proposing to construct a garage within the rear yard setback requirement. In looking at the enclosed site plan, you'll note the lot is 99 feet wide fronting Third Street and 125 feet deep fronting Ramsey Street. For purposes of determining the front yard in regard to this lot, the side with the shortest lot width on a public right-of-way is considered the front; therefore, the portion of the lot fronting on Third Street is considered the front part of the lot with the rear portion of the lot requiring a minimum of a 30 -foot rear yard setback. The existing storage building is located within 4 feet 3 inches of the rear property line and within 16 feet 3 inches of the side property line. The storage building would be relocated to 11 feet 3 inches from the rear property line with 10 feet between the rear most portion of the existing garage and the storage building. The proposed garage would be within 11 feet 3 inches of the rear property line and within 20 feet 9 inches of the side property line. On a corner lot situation like this, the side yard is increased to a minimum 20 -foot setback when it abuts a public right-of-way. When the house was built on this lot, the assumption is that the builder took advantage of the high part of the lot for placement of the house. You'll notice the front yard setback of the existing house is 49 feet 9 inches from the front property line. As noted on the site plan, the proposed garage will have a 10 -foot setback from the existing house. The reason for the 10 -foot setback from the existing house is to allow room for surface water drainage coming from the house roof and the proposed garage roof to drain easterly toward Ramsey Street. A minimum -sized garage could have been placed on this property and attached to the existing house but would still have required a variance from the minimum rear yard setback requirement. B. ALTERNATIVE ACTIONSt 1. Approve the variance request to allow construction of a garage within the rear yard setback requirement. 2. Deny the variance request to allow construction of a garage within the rear yard setback requirement. Planning Commission Agenda - 12/4/90 C. STAFF RECOMMENDATION: City staff recommends approval of the variance request to allow placement of a detached garage within 11 feet 3 inches of the rear property line. City staff recognizes that an attached garage could have been built onto the house but would have required a variance request anyway from the rear yard setback but would have increased the setback from the rear lot line. The hardship was created with the existing lot as it was prior to being built upon. The assumption is that the building contractor chose to place the house at the highest point on the lot to accommodate a driveway off of Ramsey Street to enter toward the rear portion of the lot. By pushing the house farther back on the lot, it allowed the driveway slope to be reduced to a more manageable slope rather than a steep slope. D. SUPPORTING DATA: Copy of the location of the proposed variance request; Copy of the two site plans for the variance requests Copy of the applicable ordinance sections. C ' A variance request to allow construction of a detached garage within the rear R _ yard setback requirement. ., L APPLICANT: Anton & Cecelia Banyai ''HCl ar YJ gvfl ;` Z jmR We1N Genre , ,sfvs We 41-*' ("d 3 Rd Sheet 0 I 4 cob +-aIT—+ Ge've � pl ��• • it r Mf• JY � V-0 l 64 104 Wt��[%x� �14it l� eid t '1r4y 4R IWO 49.4" C -A 1 •`' t • � G�xb 3Rd Sfaeef Al '•C 0 I . Clothes line pole and vire. 2. Recreational equipment and vehicles. 3. Construction and landscaping material currently being used on the promisee. 4. Off-street parking of passenger vehicles and trucks not exceeding a groes capacity of nine thousand (9,000) pounds in residential areae. 5. Propane tanks, fuel oil tanks, and other similar residential heating fuel storage tanks which do not exceed 1,000 gallons in capacity and shall not be located within five (5) fact of any property line. 6. Mood piles in which wood is stored for fuel provided that not more than 1 O cords shall be stored on any property. A cord shall be 4' x 4' x 8'. All wood piles shall be five (5) feet or more from rear and aide yard property lines and shall be stored behind the appropriate set back line in front yards. 7. Solar heating cyntams. 3-3: YARD REQUIREMENTS: [ A) PURPOSE: This section idontifloo minimum yard spaces and areas to be provided for in each zoning district. [D) No lot, yard or other open apace shall be reduced In area or dimension so as to make such lot, yard or open apace lose than the minimum required by this Ordinance, and if the existing yard or other open apace as existing Is less than the minimum required it shall not be further reduced. Ib required open space provided around any building or structure shall be included an a part of any open apace required for anothor structure. [c) All setback distances, as listed in the table bolow, shall be measured from the appropriate lot lino, and shall he required minimum diotancos. rront Yard Side yard Rear Yard A-0 SO 70 50 R-1 30 10 30 « du19 19) u_J 30 20 30 R-4 30 30 30 PZ -R Bos Chapter 10 for specific regulations. PZ_M Boo Chapter 10 for specific regulations. 0-1 30 15 20 0-2 30 10 20 3 O [IN] INTERMITTENT: A stream or portion of a stream that flows only in direct response to precipitation. [LA) LODGING HOUSE: A building other than a hotel, where for compensation for definite periods. lodging is provided for three (3) or more persons not of the principal family, but not including a building providing this service for more than ten (10) persons. [LB) LODGING ROOM: A room rented as sleeping and living quarters but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodation shall be counted as one (1) lodging room. [LCJ LOT (OF RECORD): A parcel of land, whether subdivided or otherwise legally described, as of the effective date of this Ordinance, or approved by the City an a lot subsequent to such date and which is occupied by or intended for occupancy by one (1) principal building or principal use together with any accessory'.buildings and such open spaces as required by this Ordinance and having its principal frontage upon a street. (LDI LOT: Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required under the provisions of this zoning regulation, having not leas than the minimum area required by this Zoning Ordinance for a building site in the district in which ouch lot In situated and having its principal frontage on a street, or a proposed street approved by the Council. [LEI LOT AREA: The area of a horizontal plano within the lot linea. (LFI LOT, CORNER: A Lot situated at the junction of and abutting on two (a) or more intersecting streate: or a Lot at the point of deflection in alignment of a single street, the interior angle of which is one hundred thirty-fivo (135) degrees or loan. (Lai LOT, DEPTH: The shortest horizontal distance between the frontlot line and the rear lot line measure from e ninety (90) dogroo angle from the street right-of-way within the lot boundari— (LN)i FRONTAGE: The front of a lot shall be, for purposes omplying with thin Ordinance, that boundary abutting blic street right-of-way having tholeast width. No front Lot shall be leas than two-thirds (2/3) of the minimum width requirement. (LII LOT, INTERIOR: A lot, other than a corner lot, including through lots. 0 Planning Commission Agenda - 12/4/90 Consideration of an ordinance amendment allowina a public sign In the form of a decorative banner to bre disDlaved on public property. (J. O. ) A. REFERENCE AND BACKGROUND: As you recall, Planning Commission recommended approval of a zoning ordinance amendment which would allow placement of decorative banners on city street light fixtures. The City Council failed to pass the amendment on a 2-2 vote. Fran Fair and Ken Maus voted for the amendment with Shirley Anderson and Dan Blonigen opposed. Warren Smith did not attend the meeting. Mayor Maus requested that the item be brought through the ordinance amendment process again and presented to the full Council accordingly. Planning Commission is asked to again conduct a public hearing on this amendment and consider providing a recnmmendation to Council. Please note that approval of a zoning ordinance amendment needs a 4/5 vote. It is possible that the ordinance amendment will fail even with Warren Smith present. To rehash some of the information you have already reviewed, the City Council on a 3-2 vote approved participating in financing 75% of the cost to place 80 four-color banners in the community. Approximately 40 of the banners will be hung from the streetecape light fixtures, with the remaining banners hung from lights on Highway 25 and from lights in the area of the community hospital. Selection of banner design and placement of banners is being managed by the Chamber of Commerce with the City providing final approval. Dan Blonigen appears to be firmly against development of the banner system. Shirley Anderson has indicated that she is not against banners; however, she does object to the City financing 75% of the banner expense. She might support City participation in funding banners at a lessor percentage. The purpose of the ordinance amendment is to establish a narrow set of regulations that apply to this unique type of banner display. It is thought that this ordinance would be helpful because the existing ordinance does allow display of banners on a limited basis for private advertising purposes as follows: "A permit for decorative attention -getting devices shall be issued for a maximum period of ten (10) days with a minimum period of one hundred eighty (180) days between consecutive issuance of such permits for any property or parcel." Planning Commission Agenda - 12/4/90 The proposed ordinance would allow banners intended to fulfill a public purpose to be displayed from City fixtures for a period of one year. Initial display of the banners would need Council approval with an annual review thereafter. Following are pertinent sections of the ordinance that apply directly or indirectly to this issue. The proposed amendment is underlined. [B) PERMITTED AND PROHIBITED SIGNS: PERMITTED SIGNS: The following signs are allowed without a permit but shall comply with all other applicable provisions of this subdivisions (a) Public signs PUBLIC SIGN: Signs of a public, non- commercial nature, to include safety signs, danger signs, trespassing signs, traffic signs, signs indicating scenic or historical points of interest, memorial plaques, and the like, when signs are erected by or on order of a public officer or employee in the performance of official duty. 2. PROHIBITED SIGNS: The following signs are specifically prohibited by this paragraph. (d) Any sign which contains or consists of banners, pennants, ribbons, streamers, strings of light bulbs, spinners, or similar devices, except in the case of Subsection [C), Paragraph 4. [C] GENERAL PROVISIONS: The temporary use of portable signs, decorative attention -getting devices, and searchlights shall require an annual or daily permit. (a) An annual permit for portable signs as defined herein shall be granted for a maximum period of twenty (20) days per calendar year. The applicant shall determine and specify on the application the days planned for dleplay, i.e., twenty consecutive days, ten weekends, etc. Planning Commission Agenda - 12/4/90 (b) A permit for decorative attention -getting devices shall be issued for a maximum period of ten (10) days with a minimum period of one hundred eighty (180 ) days between consecutive issuance of such permits for any property or parcel. (c) All portable signs and attention -getting devices must be well maintained and kept Ln good repair at all times. The Building Official shall order the Immediate removal of any device considered to be damaged or in poor condition. Non-compliance shall be just cause for revocation of the permit without refund. (d) All portable signs and attention -getting devices shall be allowed only on the property or site where the business or enterprise is situated. No placement shall be allowed on public rights-of-way. (e) All portable signs and attention -getting devices shall be on ground level except that banners and streamers may be affixed to a building, facade, permanent pylon sign, or other permanent fixture. Airborne inflatable devices shall be tethered on site. (f) Not more than two ( 2) portable signs shall be displayed at the same time. (g) Not more than two (2) attention -getting devices shall be permitted to be displayed in conjunction with any portable sign. (h) A decorative attention -petting device may bear the name of the business but shall not bear any service, product, price, etc., advertising message. (1) Permit fees shall be set by the City Council and shall be payable upon application for said permit. (Amendment No. 150) C Planning Commission Agenda - 12/4/90 (j) A public Biqn in the form of a decorative banner may be displayed on public propertX. Said signs may be hung from City or State of Minnesota, Department of Transportation, liqht fixtures for a period of one (1) year. Deeiqn and placement of public sign/decorative banners must first be approved by the City Council and annually thereafter.:.oY �,✓` '--ra B. ALTERNATIVE ACTIONS: fs U la. Motion to approve amendment as proposed or modified by the Planning Commission. Under this alternative, Planning Commission could take the position that the amendment is positive, as it clarifies ordinance treatment of this type of banner. Said banners are intended to build community identity, sense of place, and advertise business activity as a whole; therefore, such signs fulfill a public purpose. A special provision allowing a decorative banner display for a public purpose is, therefore, appropriate. The ordinance as written would not create a precedent that would allow private use of banners beyond what is already allowed by ordinance. This alternative requires a 4/5 vote of the Council. lb. Motion to interpret zoning ordinance as allowing installation of the banners as proposed because the Planning Commission finds that the proposed banners are akin to a public sign, and, furthermore, the "banners" as designed and constructed do not fit the definition of a decorative attention -getting device. This alternative could be selected in addition to alternative la. An argument could be made that the ordinance amendment was never necessary in the first place. Planning Commission could take tho position that the banner system as designed fits into the category of a public sign. Public signs are allowed without a permit. Conversely, the banner system proposed does not fit into the attention-gotting dovico catogory. Signs that fall into this category are quite restricted; therefore, �- the banners may be hung without a permit after approval from the City of Monticello. Please closely review the definition of public signs prior to selecting this alternative. Planning Commission Agenda - 14/4/90 Final approval of this alternative requires a 3/5 vote 2. Notion to deny proposed amendment. Planning Commission could take the position that the display of banners does not achieve a public purpose. Planning Commission could contend that the banners as proposed promote a narrow commercial interest (Chamber of Commerce). Since no public purpose is served through the installation of the banners, a change in the ordinance is not justified. It could be contended that if the ordinance is adopted allowing a narrow group (Chamber of Commerce) to have signs placed on the public right-of-way for a period of one year, then other private interests should be able to use banners in a similar fashion. C. STAFF RECOMMENDATION: If the Planning Commission continues to support the concept of installing the decorative banners as proposed, and if the Planning Commission interprets the banners/signs as fulfilling a public purpose, then it is recommended that the Planning Commission select both alternatives la and ib. Alternative Is is the best option, as the ordinance amendment clarifies regulations pertaining to this type of banner; however, this option requires a 4/5 vote of Council which might not be attainable. Option lb would allow the banners to be installed without the benefit of a 4/5 vote under the existing ordinance. Planning Commission may also wish to consider approving this option, which would allow the banners to be installed in the event the ordinance amendment fails. D. SUPPORTING DATA: None. Planning Commission Agenda - 12/4/90 S. Continued Public Hearing --A conditional use request to allow used automobile/light truck sales in a 8-3 (highway business) zone. Applicant. Hoglund Transportation/Ninety-four Services. AND 6. Continued Public Hearing --A variance reguest to allow less than the minimum 4,500 so ft of sales and display area. ApDlicant, Hoglund TransDortation/Ninety-four Services. (J.O.) Staff has been informed by Hoglund Transportation that they are making efforts toward development of a site plan utilizing the services of a certified surveyor. Development of Survey data regarding this site has now been completed; however, we have not had the chance to meet with Hoglund. It is suggested that this item be carried over to the next meeting of the Planning Commission, at which time we should have a plan in place for addressing this conditional use permit request. t MICROFILM TITLE PAGE CITY OF MONTICELLO Planning Commission Agenda Books 1991