Planning Commission Agenda Packet 01-08-1991k
AGENDA
REGULAR MEETING - MONTICELLO PLANNING COMMISSION
Tuesday, January 8, 1991 - 7:00 p.m.
Members: Dan McConnon, Richard Martie, Richard Carlson, Cindy
Lemur, and Jon Bogart
7:00 pm 1. Call to order.
7:02 pm 2. Appointment of a Planning Commission Chairperson.
7:07 pm 3. Appointment of a Planning Commission Vice
Chairperson.
7:12 pm 4. Approval of minutes of the regular meeting held
December 4, 1990.
7:14 pm 5. Continued Public Hearing --Consideration of 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 6. Public Hearing --A variance request to allow an
additional premise identification sign and to allow
additional premise sign square footage. Applicant,
Holiday Companies.
7:54 pm 7. Public Hearing --Consideration of an ordinance
amendment to Section 2-2 (HB) of the Monticello
Zoning Ordinance by adding "beautician" to the list
of home occupations allowed by ordinance.
Amendment to also include additional conditions
associated with the operation of a home occupation
and establishment of a home occupation permitting
process. Applicant, City of Monticello.
8:19 pm 8. Public Hearing --Consideration of amendment to the
Monticello Zoning Ordinance, Section 6-3,
permitting 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.
8:39 pm 9. Public Hearing --Consideration of an interim
ordinance Imposing a moratorium on adult oriented
land uses on certain property located within the
city of Monticello. Applicant, City of Monticello.
Planning Commission Agenda
January 8, 1991
Page 2
8:59 PM 10. Continued Public Hearing --A conditional use request
to allow used automobile/ light truck sales in a B-3
(highway business) zone. Applicant, Hoglund
Transportation/94 Services.
9:19 pm 11. Continued Public Hearing --A variance request to
allow less than the minimum 4,500 sq ft of sales
and display area. Applicant, Hoglund
Transportation/94 Services.
ADDITIONAL INFORMATION ITEMS
9:29 pm 1. A variance request to allow construction of a
detached garage within the rear yard setback
requirement. Applicant, Antone and Cecelia Banyai.
Council action: No action required, as the request
did not come before them.
9:31 pm 2. An ordinance amendment to Section 3-9 [C14 to
includes (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 Segued for each year that the
decorative banners are displayed. Applicant, City
of Monticello. Council action: No action
required, as the request did not come before them.
9:33 pm 3. A continued public hearing --A conditional use
request to allow used automobileilight 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.
9:35 pm 4. A continued public hearing --A variance request to
allow lose than the minimum 4,500 eq ft of sales
and display area. Applicant, Hoglund
Transportation/94 Services. Council action: No
action required, as the request did not come before
them.
9:37 pm 5. Set the next tentative date for the Monticello
Planning Commission meeting for Tuesday,
February 5, 1991, 7:00 p.m.
9:39 pm 6. Adjournment.
4
7
V
MINUTES
REGULAR MEETING - MONTICELLO PLANNING COMIS BION
Tuesday, December 4, 1990 - 7:00 p.m.
Members Present: Richard Martie, Richard Carlson, Cindy Lemm,
Dan McConnon
Members Absent: Jon Bogart
Staff Present: Gary Anderson, Jeff O'Neill
1. The meeting was called to order by Chairperson, Dan McConnon,
at 7:04 p.m.
4. Motion was made by Richard Carlson, seconded by Richard
Martie, to approve the minutes of the regular meeting held
November 7, 1990. Motion carried unanimously with Jon Bogart
absent.
3. Public Hearinq--A variance request to allow construction of a
detached Garage within the rear yard setback recruirement.
AODlicant. Anton and Cecelia Banvai.
Gary Anderson, Zoning Administrator, explained to Planning
Commission members and the public Banyai's variance request to
place a detached garage within the rear yard setback
requirement. The Banyai's were proposing to construct the
detached garage to within 11 feet 3 inches of the rear
property line. Mr. Anderson explained that possibly the
reason for the placement of the house in this location prior
to the zoning ordinance being in effect was to take advantage
of the high part of the lot in relationship to Third Street.
By placement of the house on the high part of the lot, it
would allow for a driveway approach for a future garage off of
Ramsey Street. If a garage were to be attached to the house,
it would have a very steep incline coming up to the garage if
it were placed off of East Third Street.
Chairperson Dan McConnon opened the meeting for input from the
public. There being no input from the public, Dan McConnon
then closed the public hearing and opened the meeting for
further input from the Planning Commission members.
There being no further input from the Planning Commission
members, a motion was made by Cindy Lemur, seconded by Richard
Martie, to approve the variance request. Motion carried
unanimously with Jon Bogart absent.
Page 1
0
Reason for approval: When the house was built, the contractor
placed the house on the lot to allow for only a 17 -Loot 3 -inch
attached garage on the north side of the house and a 20 -foot
wide attached garage on the east side of the house. By
today's standards, a 17 -foot 3 -inch wide garage would be too
small for a typical two stall garage, and a 20 -foot wide
garage attached to the east side of the house would not be a
very good placement for a garage because this is the end of
the house where the bedrooms are located.
Public Hearing --An ordinance amendment to Section 3-9 rcl 4 to
includes (7) 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 disDlaved. Applicant.
City of Monticello.
Jeff O'Neill, Assistant Administrator, explained to Planning
Commission members and the public the proposed sign ordinance
amendment. Mr. O'Neill explained that the purpose of the
ordinance amendment is to establish a narrow set of
regulations that apply to this unique type of banner display.
The ordinance amendment is to deal strictly with banners
placed on public property.
Chairperson, Dan McConnon, opened the meeting for input from
the public. Mr. Steve Johnson, Chamber of Commerce member,
explained to Planning Commission members his position in
regard to the ordinance amendment. One purpose for the
banners being placed on the public right-of-way is it is one
tool in a marketing plan that the Chamber has. The other
purpose of the banners is to promote the city, not just for
the benefit of the commercial/ industrial property owners, but
for the benefit of promoting the entire city.
Assistant Administrator, Jeff O'Neill, showed a video that he
had taken of the two northern community cities of Brainerd and
Pequot Lakes where they have banners that are placed on a
public right-of-way on light poles.
Questions were also raised during the public hearing portion
on the following:
1. Why hadn't the Chamber addressed the ordinance amendment
prior to ordering of the banners?
2. What are the number of banners that are to be placed?
3. What are the limitations as to time and the number of
banners that can be displayed on a public right-of-way?
Page 2
The ordinance amendment should have some sort of criteria for
approval or denial of the request for placement of banners on
the public right-of-way. Mr. Johnson explained that the
intent of the Chamber of Commerce is to donate the banners to
the City for the purpose of enhancement of commercial
businesses, all of the commercial businesses, not just the
mall or the downtown area. The banners would be displayed
throughout the entire community. The banners are done by a
professional company.
Chairperson, Dan McConnon, then closed the public hearing.
Commission members didn't have any problem with the ordinance
amendment as presented, but they felt that there should be
some sort of criteria for approval or denial. Some of the
criteria suggested was as follows:
1. The number of signs placed.
Z. It should be seasonal and not conflicting with other
events.
3. The placement should be so as not to obstruct or compete
with other private enterprise's advertising signs.
4. A review should be done annually.
There being no further discussion from Planning Commies ion
�— members, a motion was made by Cindy Lemm, seconded by Richard
Martie, to table 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. Mot ion
carried unanimously with Jon Bogart absent.
Reason for tabling: To allow additional time to create a 1 lot
of criteria for this ordinance amendment.
9. Continued Public Nearing --A conditional use request to allow
used automobile/light truck sales in a B-3 (highwav bueinetes)
zone. Applicant, Hoglund Transportationn ineiv-four services.
City staff requested that this item be continued until the
next regularly scheduled meeting in January at which Lima it
will definitely be on the agenda.
Page 3
d
6. Continued Public Hearing --A variance request to allow less
than the minimum 4.500 so ft of sales and display area.
Applicant, Hoqlund Transportation/Ninety-four Services.
City staff requested that this item be continued until the
next regularly scheduled meeting in January at which time it
will definitely be on the agenda.
ADDITIONAL INFORMATION ITEMS
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 action: No
action required, as the request did not come before them and
was also not considered by the Planning Commission.
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.
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.
4 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 actions Approved as per Planning Commission
recommendation with the exception of the deletion of
condition i3.
5. A conditional use request to allow a church facility in an R-1
(single family residential) zone. Applicant, A Glorious
Church. Council actions Approved as per Planning Commission
recommendation.
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 11-5-2 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.
Page 4
0
(� 7 . An ordinance amendment to Section 3-9 [C) 4 to include: (j )
1, 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 action: Ordinance amendment failed due
to lack of four-fifths vote with one Council member absent.
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.
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.
10. Set the next tentative date for the Monticello Planning
Commission meeting for Wednesday, January Z, 1991, or Tuesday,
January 8, 1991, 7:00 p.m. The decision of Planning
Commission members was to set the tentative date for Tuesday,
January 8, 1991, 7:00 p.m.
11. Consideration of renewal of individual annual Planning
Commission member appointments. City staff addressed the
Planning Commission members to see if they were willing to
serve another term on the Planning Commission. The consensus
of three of the four members present was that they would serve
another term on the Monticello Planning Commission with the
fourth member getting back to the City staff with her intent.
11. Adjournment. A motion was made by Richard Martie, seconded by
Cindy Lamm to adjourn the meeting. Meeting adjourned at
804 p.m.
Respectfully submitted,
cieryc'red O'
Zoning Administrator
Page 5
(D
Planning Commission Agenda - 1/8/91
5. Continued Public Hearing --Consideration of an ordinance
amendment to Section 3-9 IC14 to include: (1) 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. (J.O.)
REFERENCE AND BACKGROUND:
At the previous meeting of the Planning Commission, the
Commission continued the public hearing and directed staff to
work with Councilmember Blonigen toward development of
language that would establish standards and requirements
associated with display of public banners. Staff met with Dan
Blonigen, along with Shirley Anderson, and also received input
from Barb Schwientek and has prepared a proposed ordinance
amendment governing public banners. Also included is a
definition of a public banner, which can be inserted into the
definition section of the zoning ordinance. I will review the
ordinance amendment and rationale for the standards noted in
more detail at the meeting.
B. ALTERNATIVE ACTIONS:
1. Motion to recommend approval of the zoning ordinance
amendment with any modifications that Planning Commission
may wish to make as a result of discussion.
This motion could be based on the finding that allowing
development of a public banner system will serve to
beautify the community and enhance our environment and
should not result in negative side effects that will
depreciate property or result in visual obstructions to
private or traffic signs. Based on the potential finding
above, Planning Commission could approve the proposed
zoning ordinance amendment.
Z. Motion to recommend denial of the proposed zoning
ordinance amendment.
If the Planning Commission does not agree with the
potential finding under alternative •1, then the
Commission should select this alternative.
C. STAFF RECOMMENDATION:
Staff appreciates the assistance that Shirley Anderson, Barb
Schwientek, and Dan Blonigen have provided in development of
language that I fool is an improvement over the language that
was presented to the Planning Commission at the previous
meeting. The ordinance amendment as proposed will allow
Planning Commission Agenda - 1/8/91
development of a banner system that will accomplish the goal
of beautifying the city and promoting a sense of place. It
does not severely restrict the development of banners;
however, it does impose some limitations and standards that
will, in the long run, assure the City that the banners are
installed in a thoughtful manner that complements existing
sign regulation.
D. SUPPORTING DATA:
Copy of the proposed ordinance amendment.
L
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT
SECTION 2-2 AND SECTION 3-9 [C]4 OF THE MONTICELLO ZONING ORDINANCE
BE AMENDED BY ADDING THE FOLLOWING:
2-2: DEFINITIONS: The following words and terms, wherever they
occur in this ordinance, shall be interpreted as herein
defined:
[PM] PUBLIC BANNER: Decorative banners are City -owned
banners hung primarily from City light fixtures in
conjunction with a City Council approved public banner
system. Public banners are intended to serve a public
purpose through beautification of the city or by
advertising of a community event or special occasion.
3-9: SIGNS:
(C] GENERAL PROVISIONS:
4.(j) Public banners may be hung from City street
light fixtures for a period of up to one (1)
year. Design and placement of the public
banners shall be consistent with the following
standards:
1. Design and placement of public
sign/decorative banners must first be
approved by the City Council and annually
thereafter. Prior to Council
consideration, applicant shall submit a
banner placement plan which shows
proposed banner design, size, pole
location/elevation, duration, and
proposed manner by which the banners
shall be hung. Banner placement plan
shall also describe financing sources for
purchasing and installing public banners.
2. Public banners may be hung from parking
lot light fixtures or from other
structures on private property only in
conjunction with a City Council approved
public bdnner system. Except for
requirements outlined in section 4.(j) of
this ordinance, said banners are exempt
from sign regulations. The City shall
not participate in financing any portion
of the cost of public banners placed on
private property. City crews may assist
with the installation of public banners
placed on private property if compensated
at actual cost to install banners.
Ordinance Amendment No.
Page Z
3. Except for Christmas banners, all banners
shall contain an element of the City
colors and/or City logo. No private
advertising may be allowed on any banner
hung in conjunction with a public banner
system.
4. Public banners hung from streetscape
fixtures shall be no larger than 14" by
45". Banners hung from standard street
lights shall be no larger than 28" by
80".
5. Public banners shall be not hung in a
position that will cause a substantial
obstruction of visibility from the street
to advertising, traffic, and directional
signs and shall not be hung in a position
so as to interrupt,corner eight linos.
6. Public bannersgmay hung only on
alternate streetsca fixtures unless
otherwise approved by Council.
7. Banners placed on City fixtures shall
become the property of the City. If
damaged or in need of repair, banners may
be removed by City staff. The public
banner system may be discontinued, and
all banners, including those on private
property, may be ordered removed at the
discretion of the City Council.
8. The bracket system used to hang banners
shall be of sufficient strength to
withstand strong winds and shall be
designed in a manner that allows easy
installation and removal of banners.
Adopted this day of , 1991.
Mayor
City Administrator
0
Planning Commission Agenda - 1/8/91
6. Public Hearing --A variance request to allow an additional
Premise identification sign and to allow additional Qremise
sign square footage. Applicant, Holiday Companies. (G.A.)
A. REFERENCE AND BACKGROUND:
The Monticello Holiday Station Store, owned by the Holiday
Companies, is proposing to replace one of the existing canopy
premise identification signs with a new premise identification
sign. The existing Holiday Station Store has on the canopy
three premise identification signs and on the building one
premise identification sign. The maximum premise
Identification signs allowed on one wall or one structure is
one premise identification sign. Holiday Companies is also
proposing to be allowed additional premise sign square
footage. The total amount of premise identification sign
square footage would be 141.50 square feet. The maximum
allowed for wall premise identification sign is 100 square
feet; therefore, they are requesting a 41.50 square foot
variance.
The Holiday Station Store also has two free-standing pylon
premise identification signs. The taller, 8' x 81, 64 square
foot Holiday pylon sign also has an additional smaller, 4' x
8' message center reader board sign located adjacent to this.
The maximum amount of square footage allowed with the freeway
bonus is 700 square feet of pylon sign area. Although there
currently exists two pylon signs, the Holiday Companies is
proposing to remove the smaller 41 x 8' pylon sign.
B. ALTERNATIVE ACTIONS:
1. Approve the variance request to allow an additional
premise identification sign located on the east side of
the existing canopy.
7. Deny the variance request to allow an additional premise
identification sign located on the east side of the
existing canopy.
3. Approve the variance request to allow additional premise
Identification wall sign square footage.
4. Deny the variance request to allow additional wall
premise sign square footage.
5. Approve the variance request to allow an additional
premise identification sign to be located on the east
side of the canopy if all three of the existing signs
y located on the east, west, and south side of the canopy
are removed.
Planning Commission Agenda - 1/8/91
6. Approve the variance request to allow additional premise
identification sign square footage if the existing small
4 1 x 8' pylon sign is removed.
C. STAFF RECObMNDATION:
The ordinance as amended is pretty clear on reducing non-
conforming signs into conformity at some point in time in the
future. We have the chance at this time with the Holiday
Companies to remove three existing canopy premise
identification signs and one free-standing pylon sign. This
would bring the Holiday Station Store into compliance with the
current Monticello Sign Ordinance. The one drawback from this
Is that the Holiday Companies could say they would not do
anything with any of the signs and just leave it as is, and we
would still have the three non -conforming premise
identification signs on the canopy and the one additional
small pylon sign being in non-conformance. With the ordinance
being fairly clear on what the sign requirements are, there is
no hardship to justify a variance. Staff recommends we stay
with the requirements of the sign as written in the ordinance,
that being one premise identification sign located on one
wall, and one free-standing pylon sign.
D. SUPPORTING DATA
Copy of the location of the proposed variance request; Copy of
the sign ordinance section; Copy of the site plan for the
proposed sign variance request.
Mwar
A variance requestito allow an additi: -1 premiop"
Identification sign and to allow addi, -nal pre�ies
sign square footage. Location is Bio S, Lots 1-5,
Original Plat Addi�ion in the City of nticallo.•
APPLICANT: H-lidoy Companies
I
l_
L
CHAPTER 3
GENERAL PROVISIONS
SECTION:
3-1: Non -Conforming Buildings, Structures and Uses
3-2: General Buildings and Performance Requirements
3-3: Yard Requirements
3-6: Area and Building Size Regulations
3-5: Off -Street Parking Resquiraments
3-6: Off -Street Loading
3-7: Land Reclamation
3-8: Mining
3-9: Signs
3-1: NON -CONFORMING BUILDXNGS, STRUCTURES AND _USES:
(A] PURPOSE: It " the Purpose of this Section
to provide for the regulation of non -conforming
buildings . etructures and uses and to specify
thosa requirements, circumstances and conditions
under which non -conforming buildings, structures
and uses will be operated and maintained. The
Zoning Ordinarace 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 , atruetures, and uses not be permitted
to continue without restriction. Furthermore,
it is the intent of this Section that all son -conforming
uses @hall be eventually brought into conformity.
(e) Any structure or use lawfully existing upon
the effective date of this Ordinance shall not
be ealarged, but may be continued at the site
and in the manner of operation existing upon
ouch data except as hereinafter specified or,
subsequently amended.
(C] Nothing in Mle Ordinance shall prevent the
placing of a structure in safe condition when
said structure is declared unsafe by the Building
Inspector, providing the necessary repairs shall
not constitute more than fifty (50) percent
of estimated market value of such structure.
Said value etaall be determined by the City or
County Aaseessor.
0
3-1 (D]
3-1 (I]
(D)
No non -conforming building, structure or use
r
shall be moved to another lot or to any other
part of the parcel of land upon which the same
van constructed or was conducted at the time
of this Ordinance adoption unless such 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
value, said value to be determined by the City
or County Aoseoaor, 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 theso zoning regulations for the district
in which such land and buildings are located.
Any building which is damaged to an extent of
lase than fifty (50) percent of its value may
be restored to its former extent. Estimate
of the extent of damage or destruction shall
be meds by the Building Inspector.
(H)
Whenever a lawful non -conforming use of a structure
or land is discontinued for a period of six 16)
months, any future use of said structure or
land shall be made to conform with the provisions
of this Ordinance.
(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 intensity the non -conforming
use.
rrmal maintenance. necesesry non-■teuctutal remeira.
d incidental al;eraeio of a ngr-oQnEOrmin�l r�
includes reoear or esie�tensace of axiet�._a leteering
don
without chenling ' aeb Lct_ rerm_ gr design of the
liwTui non -conforming
ei rJU
11198. 10/9/901
O
A
Option A. Under Option A. only
wall signs shall be allowed.
The maximum number of signs on
any principal building shall be
six sign boards or placards, no
more than four (a) of which may
be product identification sips,
with only two walls allowed for
the display of the signs. Each
wall shall contain no more than
two product identification sips
and two business identification
signs. The total maximum size
of wall signs shall be determined
by taking twenty percent (203)
of the gross silhouette area of
the front of the building, up
to three huadrad (300) square
feet, whichever is less.
If a principal building is on
a corner lot, the largest side
of the building may be used to
determine the gross silhouette
area.
for purposes of determining the
gross area of the silhouette of
the principal building, the silhouette
shall be defined as that area
within an outline drawing of the
principal building as viewed from
the front lot line or from the
related public street(e).
11. Option D. Under Option S. either
wall signs or "I'm si say
be Iitl1iie�d,Lor�y�.py{q 0.1
of _ In no sees, however,
maximum allowable sign area for
any wall shall be determined by
taking ten percent (10%) of the
gross silhouette iris of the front:
building, Up to one hundred (100)
29"X& rise_ whichever is lees.
The method for determining the
gross silhouette area for well
signs is u indicated in Option A.
0
••r'yi_•�•j:j;f•
1
• _. �, ; Apr.
4 , tt ;; ��- �Wv•.• •w.r ....•A•• �..�,: _ 777 _.... /.:_,.'.,' ,.•r.n ..
. I F
--t- IL
6CfRLL � I
I� 1
1*11
Tsar o. fryp. s &cc!;, a a wi
lr&4c wn.
ILA.Lom. mouOxf Su -N NM
macro amilm w"Imeaky
fr`TD, a wool
cowm " wjsrA" too" awlynclD
pTri.,
WAIUM IS
GWP—to dlem.0
tt to caura SA
pacume Ijito
3-A
C04
I rl
0�a ao �
bul�ovq y
ILLUMIN gIx OLID�Y ftALET 1L60.' II ILLVr111JAZED'MCLID4Y"SIOU(3'-(x'•14'-ori")VEfZ1F
'NiCbE TCPOIUT T""',mb 4 L L26, W/OWUER %zle: )=V&A, bG.FT. Ca I.ETTCR! Ib TL'
NCT"L SGFT. It 9.9 SQ.FT, w bQ.FT
o
i� NI .7� O a a 8U11DIhIGi,
o a a
FAAW MOLDOY 8ULUT
LIM NnETCPGILLT \ Rplgto wnlTg I4pVIDuoLLLTTtRb (9CJG.aT,1
Ou4�n18,OCWsL VCRItY wICWUlttREG.TtI Ir(At! •CIC
GST. IC QA !1.F;. IWTau.>T OU,
` O4, CAU CPEbCR 1C ft "M Cu CPPC'j%Te
swe CR MTLRtLM e06 -m"
I
I
fld) b:If G' I�•O/dW (TYPICAL,
1 1 1 1 1 1 1 1 1 I I I I I I I I I I I I I 1 1 1
O 4 �v% fief • iseb • Oweieoee
''�� M�eS1�p1��•Spl�p�ooi
I I I I I I I I I I I I I I I I I I I I I I I I I
= == -- - ii r. � I
r-�rr�rrr11:r�
-�rrrr���rr rr�
-�r�.rr��rrmr�rr� I
r-�rr���rrrrrrrrr11
...r 1
Planning Commission Agenda - 1/8/91
7. Public Hearing --Consideration of an ordinance amendment to
Section 2-2 (HOH1 of the Monticello Zonina Ordinance by adding
"beautician" to the list of home occueations allowed by
ordinance. Amendment to also include additional conditions
associated with the operation of a home occupation and
establishment of a home occupation permitting process.
Applicant. City of Monticello. (J.O.)
REFERENCE AND BACKGROUND:
A request to allow a beautician to conduct a home occupation
as an accessory use in a residential zone has been presented
to City staff. Staff seeks assistance from Planning
Commission and City Council in determining if this type of
home occupation qualifies as an allowable home occupation. In
addition, staff requests that the Planning Commission and City
Council establish a simple process for licensing home
occupation use of residential property. This process will
enable City staff to determine if the operation of the
proposed home occupation is consistent with the standards
outlined by ordinance. At present, the City becomes aware of
a home occupation when there is a problem or violation of the
home occupation operating standards. A simple, inexpensive
permitting process would enable the City to get a good
description of the proposed home occupation operation before
it starts, thereby providing us with the opportunity to head
off potential problems.
The location of the beautician home occupation is 115 Kevin
Longley Drive in the Par West development. The request has
been submitted by Karla Dicky, who is a potential buyer of the
property. This party received a conditional use permit in
1988 to operate a beauty shop as a conditional use in a
residential zone.
"Beautician" as a Home Occupation
Past history shows that the City is supportive of allowing a
beautician to operate out of a residence. On two occasions in
the past few years, the City has allowed a beautician to
operate out of a residence as a conditional use. Technically,
the City erred by requiring that the applicant obtain a
conditional use permit, as "beautician" is not listed as a
conditional use permit in any residential zoning district. In
terms of the two previous beautician applications, the City
should have reviewed the applications in terms of the
regulations governing home occupations and then determined if
"beautician" fits the home occupation definition. If the
Planning Commission and City Council had then Interpreted the
ordinance so as to include beautician as an allowable home
occupation, than no special permission to operate is required.
_J
LIJ .4.4..4, p..�,:�
/J4 a�.�,✓� w ,l�. Nt�$tib�ntia�rf.
k.
J
Planning Commission Agenda - 1/8/91
The only requirement is that the beautician must operate in
manner consistent with home occupation operation standards.
Following is the definition of a home occupation. As you will
note, beautician is not specifically noted as an allowable
home occupation. At the same time, the ordinance does not
limit allowable home occupations to the vocations listed.
(HB] HOME OCCUPATION: Any gainful occupation engaged in
by the occupants of a dwelling at or from the
dwelling. Such activity shall be clearly
incidental and secondary to the residential use of
the premises. Permissible home occupations shall
not include the conducting of a retail business
other than by mail, manufacturing business, or a
repair shop of any kind on the premises, and no
stock in trade shall be kept or sold. No other
than persons residing on the premises shall be
employed, no mechanical equipment shall be employed
that is not customarily found in the home, and no
more than one (1) room may be devoted to home
occupation use. Such home occupation shall not
require internal or external alterations or involve
construction features not customarily found in
dwellings. The entrance to the space devoted to
such occupations shall be within the dwelling.
There shall be no exterior display, no exterior
signs except as allowed in the sign regulations for
the zoning district in which such home occupation
is located. There shall be no exterior storage of
equipment or materials used in the home occupation.
No home occupation shall be permitted which results
in or generates more traffic than one (1) car for
off-street parking at any given point in time.
Permissible home occupations include, but are not
limited to, the followings art studio,
dressmaking, special offices of a clergyman,
lawyer, architect, engineer, accountant, or real
estate agent or appraiser, when located in a
dwelling unit occupied by the samel and teaching,
with musical, dancing, and other Instruction
limited to one (1) pupil at one time.
Arguments in SUDoort of "Beautician" as an Allowable Home
Occuoat ion s
According to City Planner, John Uban, a beautician operating
out of a home in a residential district will not cause the
adjoining properties to depreciate in value as long as
Planning Commission Agenda - 1/8/91
relatively strict regulations governing the operation of the
home occupation are maintained. The restrictions noted by
Uban are consistent with most of the restrictions that are
already in place under the home occupation definition. At
this time, there is no formal method for monitoring the
operation of home occupations. Following are restrictions
emphasized by John Uban that will serve to minimize the
negative impact of a beautician operation on adjoining
properties.
One parking stall must be provided off-street. No
customer parking on the street, with total vehicles
parked outside at any one time limited to two
vehicles. The home should not have a "parked up"
appearance.
2. No signs allowed indicating the presence of
commercial use of the property.
This is consistent with the ordinance in place;
however, the City has in the past mistakenly
allowed home occupation identification/
advertising signs to be displayed in residential
areas. According to the City Planner, display of
identification signs clearly indicating a
commercial use of residential property is not
consistent with existing ordinance and is adverse
to maintaining the purely residental character of
the areas in which the home occupation signs are
located. The presence of a home occupation should
be transparent if adjoining land values are to be
unaffected. Home occupation identification signs
have a clear commercial purpose and as such tend to
diminish the value of adjoining property. If
Council agrees with this point, a number of home
occupation identification signs would need to be
removed.
The applicant that initiated this proposal does
have a sign that reads Karla's Klips. It is
proposed that the residence be allowed to have a
simple sign that states the name of the property
owner and address only with no reference to a
commercial identification.
Home occupation use of the property limited to
normal 9 - S business hours.
This restriction is proposed because of the semi -
retail nature of the proposed use. This
requirement In not delineated by ordinance.
Planning Commission Agenda - 1/8/91
Arguments Aqainst Includinq Beautician in the List of
Allowable Home Occupations:
Almost all of the home occupations listed involve occupations
that do not require each customer to visit the site of the
home occupation. For instance, lawyers, real estate agents,
and accountants may conduct much of their business off site.
An argument could be made that a beautician does not belong in
the home occupation category because the nature of the
business is almost a retail service, as it requires each
customer to visit the residence. In other words, as compared
to other allowable home occupations, a beautician may result
in a higher and unacceptable rate of commercial traffic in a
residential area.
The fact that the City has allowed beauticians to operate as
a conditional use in the past does not necessarily dictate
that Council must automatically allow a beautician to operate
in a residential zone as an accessory use.
Adoption of a Home Occupation Permit Process:
City Planner, John Uban, has noted that certain home
occupations such as beautician will not tend to depreciate
adjoining properties if the use is transparent. In order to
achieve this goal, it is important that the requirements and
restrictions be monitored and enforced. In order to enforce
home occupation regulations, Uban recommends that the City
adopt a process for administering regulations governing home
occupations. He has suggested that each home occupation
request be reviewed at an administrative level for consistency
with the home occupation requirements. Those home occupations
that comply with the minimum requirements would then be
granted a permit that would be subject to an annual review.
Staff is concerned that without a simple home occupation
permit process, the City will often be placed in the position
where the City is reacting to home occupation problems after
the fact. In order to head off problem situations, it may be
prudent to require property owners to obtain a permit prior to
Initiating the home occupation. The permit process would
clearly identify the nature and manner of operation and
provide the City with the opportunity to outline ordinance
requirements and, thereby, shapo the mannor in which the home
occupation is conducted. Annual review of the home occupation
provides the City with the opportunity to withhold renewal of
the permit in the event of continued violations of the permit.
Planning Commission Agenda - 1/8/91
If the City adopts the permit requirement, those residences
that have established a home occupation after the inception of
the original zoning ordinance would be required to obtain a
permit.
It is suggested that the permit consist of a two-page form as
outlined below. As you will note, many of the questions on
the form pertain to various requirements noted by ordinance.
ALTERNATIVE ACTIONS:
Planning Commission is asked to make two decisions. Decision
one pertains to whether or not to include beautician among the
list of allowable home occupations. Decision two pertains to
whether or not to establish a home occupation permit process.
Ia. Motion to amend the ordinance by including beautician
among the list of home occupations allowed by ordinance.
Under this alternative, the City would make the finding
that beautician activity in a residential area is
consistent with the definition of allowable home
occupations and when properly regulated should not
negatively impact the value of adjoining residential
areas and should not create an unreasonable increase in
traffic.
A 4/5 vote of the Council is required for this amendment
to be ratified. If a 4/5 vote is not obtained, a
beautician could be allowed to operate with a simple
majority of Council making the interpretation that
"beautician" is allowable under the existing language.
lb. Motion to deny adoption of an ordinance amendment and
deny permission to allow a beautician to operate as a
home occupation in a residential zone.
Under this alternative, Planning Commission/Council could
find that beautician activities are not consistent with
residential use of property, Lnd the rules governing home
occupations will not sufficiently protect the residential
character of the neighborhood in which a beautician home
occupation is located. To allow a beautician to operate
in a residential zone would create an unreasonable
increase in residential traffic and cause adjoining
properties to depreciate in value, which is adverse to
the requirements of the City zoning ordinance.
7a. Motion to adopt permit process for the purpose of
monitoring and enforcing home occupation operation
standards.
a
Planning Commission Agenda - 1/8/91
Under this alternative, the City could make a finding
that a home occupation permitting process is necessary in
order to properly enforce the home occupation operation
requirements. Consistent enforcement provides assurances
that home occupations remain incidental and secondary to
residential uses, thereby protecting the value of
adjoining residential properties. This ordinance
amendment requires a 4/5 vote; however, a permitting
process could be established without amending the
ordinance.
If a permit process is established, staff would contact
residences that operate a home occupation and ask them to
complete the appropriate forms. Permits would be issued
to all home occupations that operate in a manner
consistent with the home occupation requirements.
2b. Motion to deny adoption of a home occupation permit
process.
Council could take the position that public complaints
regarding home occupations are infrequent; therefore,
there does not appear to be a great need at this time to
establish a home occupation permit process. Under this
alternative, enforcement of the home occupation
requirements would occur as problems arise or on an "as
needed" basis.
STAFF RECOKKENDATZONt
Staff recommends that the ordinance be amended to include
beautician as an allowable home occupation only if Council
also establishes a formal process for monitoring and
regulating the operation of home occupations. It does not
appear that a beautician, when operating a home occupation in
a manner consistent with the requirements of the ordinance,
will negatively impact the adjoining residential properties or
diminish the residential character of the area. On the other
hand, if the beautician violates the requirements, the
operation could have a significant detrimental effect on the
adjoining property. It should be remembered that individuals
that purchased land zoned as residential for the purpose of
enjoying residential uses have rights that rise above the
rights of a neighbor to utilize residential land for
commercial purposes . It is, therefore, important to establish
a permit process that will allow home occupations to exist
while protecting the residential character and residential
value of neighborhoods .
10
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF MONTICELLO, MINNESOTA, DOES HEREBY ORDAIN THAT
THE SECTION 2-2 [HB] OF THE MONTICELLO ZONING ORDINANCE BE AMENDED
TO READ AS FOLLOWS:
[HB] HOME OCCUPATION: Any gainful occupation engaged in by the
occupants of a dwelling at or from the dwelling. Such activity
shall be clearly incidental and secondary to the residential use
of the premises. Permissible home occupations shall not include
the conducting of a retail business other than by mall,
manufacturing business, or a repair shop of any kind on the
premises, and no stock in trade shall be kept or sold. No other
than persons residing on the premises shall be employed, no
mechanical equipment shall be employed that is not customarily
found in the home, and no more than one (1) room may be devoted
to home occupation use. Such home occupation shall not require
internal or external alterations or involve construction features
not customarily found in dwellings. The entrance to the space
devoted to such occupations shall be within the dwelling. There
shall be no exterior display, no exterior signs except as allowed
in the sign regulations for the zoning district in which such
home occupation is located. There shall be no exterior storage
of equipment or materials used in the home occupation. No home
occupation shall be permitted which results in or generates more
traffic than one (1) car for off-street parking at any given
point in time. Cii_tl.e,...t wit%. 0611 otl.aa oid��.�•ea c'e�a�..��
vsa •i tv (o -.d • Cp-b--• )
Permissible home occupations include, but are not limited to, the
following: art studio, dressmaking, special offices of a
clergyman, lawyer, architect, engineer, accountant, beautician,
or real estate agent or appraiser, when located In a dwelling
unit occupied by the same; and teaching, with musical, dancing,
and other Instruction limited to one (1) pupil at one time.
Operation of a home occupation as an accessory use of residential
( property first requires issuance of a home occupation permit from
ro the City of Monticello. Home occupation permits shall be
ei reviewed and renewed on an annual basis. Failure to operate home
�o "e tions in a manner consistent with the standards stated
lj' f heroin will result in, non -renewal of home occupation permits.
ooQe+'� J�,!` Tho coat of the corm t shall be established by the Cltv and
�' subiect to chance fronf time to time.
,a P +' Adopted this day of 1991.
C ,
Mayor
City Administrator
101
Planning Commission Agenda - 1/8/91
D. SUPPORTING DATA:
Copy of proposed amendment to zoning ordinance; Copy of
proposed Nome Occupation Permit Form; Pertinent sign ordinance
excerpts.
M
ADMINISTRATIVE PERMIT APPLICATION
HOME OCCUPATION
A home occupation administrative permit allows certain commercial
use of residential land that is clearly incidental or secondary to
the principal residential use of the property. The purpose of the
permit process is to protect the value of residential property by
assuring that commercial use of residential land is properly
regulated and conducted in a manner consistent with rules governing
the operation of home occupations. The information required with
this application will assist the City in determining if the
proposed home occupation and its manner of operation are consistent
with rules governing operation of home occupations.
APPLICANT INFORMATION
Name: Phone-Home/Business: /
Address: Business Names
Location: Application Date:
Zoning Districts
1. Please describe the proposed home occupation activity in 1
general terms.
2. Describe retail sales activity, if any.
3. Describe manufacturing or repair activity proposed, if any.
0. Describe inventory to be kept on the premises, if any.
9. will any person other than those residing on the premises be
employed In the home occupation? If so, please describe.
6. will any mechanical equipment be used in conjunction with the
home occupation not customarily found in the home? If so,
please describe.
0
7. How many rooms will be devoted to the home occupation use?
B. Will the home occupation require internal or external
alterations or involve construction? If eo, please describe.
9. Where will the entrance to the space devoted to the home
occupation be located?
10. Please describe signage proposed. Please note that home
occupations in residential districts prohibit signage.
11. Will the home occupation result in outside storage of
equipment or materials used In conjunction with the home
occupation? If so, please describe.
11. 1s there sufficient hard surface off-street parking available
for one car? Will the home occupation result in more than one
�- customer's car being parked on the premises at any given point
in time?
CITT BTA" COOMM
Building Inspector; Public Works Director; Assistant City
Adminietratort
It has been determined by staff that an administrative permit
should be approved/denied with the following conditionst
RBRBWALt Providing that the use for which the permit is
granted remains in conformance with the terms and
intent of the ordinance, the permit shall be
automatically renewed each year during the month of
January.
6
APPLICABLE SIGN REGULATIONS
V (E) DISTRICT REGULATIONS: The following sections concern signs
which require application and permit.
1. Within the A -O, R-1, R-2, R-3, R-4, and PZR districts,
signs are subject to the following size and type
regulations:
(a) Institutional or area identification signs provided
that the gross square footage of sign area does not
exceed eighteen (18) square feet, and if the sign
is freestanding, the height does not exceed eight
(8) feet.
(AI) AREA IDENTIFICATION SIGN: A freestanding sign which
identifies the name of a neighborhood, a residential
subdivision, a multiple residential complex consisting of
three (3) or more structures, a shopping center consisting of
five (5) or more separate business concerns, an industrial
area, an office complex consisting of three (3) or more
structures, or any combination of the above, located on
contiguous property.
(IF) INSTITUTIONAL SIGN: A sign or bulletin board which identifies
the name and other characteristics of a public, semi-public,
or private Institution on the site where the sign is located.
Institutions shall include churches, hospitals, nursing home,
schools, and other non-profit and charitable organizations.
(D) NON -CONFORMING SIGNS:
1. The following are non -conforming signs:
(c) All other signs not expressly prohibited but which
do not conform to the provisions of this
subdivision.
NON -APPLICABLE SIGN REGULATIONS
(B) PERMITTED AND PROHIBITED SIGNS:
1. PERMITTED SIGNS: The following signs are allowed without a
permit but shall comDly with all other applicable provisions
of this subdivisions
(b) Identification signs: There may be one (1) per premise,
not to exceed two (2) square fact In area. If the sign
Y is froo-standing, the total height may not exceed five
(5) foot.
3
(IA] IDENTIFICATION SIGNS: Signs in all districts which identify
the business or owner, or manager, or resident and set forth
the address of the premises where the sign is located and
which contain no other material.
Planning Commission Agenda - 1/8/91
8. Public Hearin --Consideration of amendment to the Monticello
Zoning Ordinance, Section 6-3, Dermittinq accessory uses in an
R-1, R -2t R-3, and PZM zone by adding "sale of items includinq
automobiles, recreational vehicles, boats, and other
equipment. Items sold limited to three items Per DroDerty
annually and limited to items owned by property owner."
Applicant. City of Monticello. (J.O.)
A. REFERENCE AND BACKGROUND:
Planning Commission is asked to consider establishing an
amendment that limits the ability of property owners to
utilize residential property as an "open sales lot." This
request stems from complaints that certain residential
property areas are being used for commercial purposes as open
sales lots, thereby diminishing the residential character of
the neighborhood. The articles "for sale" on such residential
properties include vehicles, boats, lawn mowers, and other
items. Open sales for strictly commercial purposes on
residential property is not allowed and should be confined to
the business zones.
At this time, there are five sites where the problem appears
to be occurring. They are located at the following addresses:
213 East River Street, 009 East Broadway, 825 East Broadway,
925 East Broadway, and 1001 Hart Boulevard.
The purpose of this amendment is to specify what type and how
many items may be sold from residential property. Any sales
above and beyond what is noted would be considered use of the
property for commercial purposes and, therefore, a violation
of ordinance. Following is the section of the ordinance to be
amended with the actual amendment underlined.
CHAPTER 6
"R-1" SINGLE FAMILY RESIDENTIAL DISTRICT
6-3: PERMITTED ACCESSORY USES: The following are permitted
accessory uses in an "R-1" district:
(A) Private garages, parking spaces, and car ports for
licensed and operable passenger care and trucks not
to exceed a gross capacity of nine thousand (9,000)
pounds as regulated by Chapter 3, Section 5, of
this ordinance. Private garages are intended for
use to share the private passenger vehicles of the
family or families resident upon the premises, and
in which no business, service, or industry is
carried on. Such space can be rented to non-
residents of the property for private passenger
vehicles and/or non-commercial vehicles, trailers,
or equipment if sufficient off-street parking in
full compliance with this ordinance is provided
r
l
Planning Commission Agenda - 1/8/91
elsewhere on the property. Such garage shall not
be used for the storage of more than one (1)
commercial vehicle owned or operated by a resident
per dwelling unit.
(B]
Recreational vehicles and equipment.
(C)
Home occupat ions .
(D]
Non-commercial greenhouses and conservatories.
(E)
Swimming pool, tennis courts, and other
recreational facilities which are operated for the
enjoyment and convenience of the residents of the
principal use and their guests.
(F)
Tool houses, sheds, and similar buildings for
storage of domestic supplies and non-commercial
recreational equipment.
(a)
Boarding or renting of rooms to not more than one
(1) person.
(H]
Limited open sales: Allowing sale on a limited
-
basis of 1Eerms accessory to private residential use
of land includinq, but not limited to, automobiles,
recreation vehicies, lawn and garden equipment,,
boats, and other equipment. Accessory use o!
property as a limited open sales lot shall conform
to the follovinq requirements:
1. No more than a total of five items per site
may be advertised for sale per year.
Z. No mora than one item can be displayed for
sale at any one time.
3. Individual items may not be diovlaved for sale
for more than 30 days per year C„ • .'1•
4. Items sold are limited to articles owned by
individug1 that make their primary residence
at the limited open sales site.
S. Sale items may not be placed on a public
richt-of-way. .
6. One siggn not exceeding two square feet in area
advertislna sale item is allowed without a
permit. Said sign must be placed within or
attached to sale item and ehall not be free-
standfna.
13
Planning Commission Agenda - 1/8/91
Enforcement of this ordinance would require that City staff
maintain a record of sale activities at residential sites based on
casual observation. Staff would make a point to notify property
owners in advance of the open sales limitations.
B. ALTERNATIVE ACTIONS:
1. Notion to adopt proposed amendment to the zoning ordinance
establishing limited open sales as an accessory use in
residential zones.
Under this alternative, the Planning Commission would adopt
the amendment based on the finding that sales activity allowed
on private residential property needs to be regulated in order
to properly protect the character of residential areas. The
proposed amendment will contribute to the ability of the City
to regulate such sales; therefore, the ordinance amendment
should be approved.
If this alternative is selected, City staff will begin to
document sale activity on private residential property and
will notify those property owners that commonly use their
property as a sales site of the new limitations.
2. Notion to deny adoption of proposed amendment to the zoning
ordinance.
If Planning Commission does not agree that a present or future
problem exists with regards to this issue, or if the amendment
does not clearly address the issue, this alternative should be
selected.
It should be noted that none of the property owners that use
their residential property as sales lots were individually
notified of the proposed ordinance amendment. A case could be
made for continuing this item until property owners affected
are notified.
C. STAFF RECOMMENDATION=
Staff recommends that Planning Commission 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 sales lot, thereby protecting the
residential value of adjoining properties. It seems to make sense
to take action to limit a mild problem that will not likely go
away.
D. SUPPORTTNn DATA:
y None.
14
Planning Commission Agenda - 1/8/91
Public Hearin --Consideration of an interim ordinance imDosinq
a moratorium on adult oriented land uses on certain property
located within the city of Monticello. Applicant, City of
Konticello. (J.0.)
A. REFERENCE AND BACKGROUND:
Sometime ago, the City Council acted to impose a moratorium on
the establishment of adult book store and adult entertainment
establishments. This moratorium was established in response
to problems nearby communities have had with the establishment
of this type of land use within their Jurisdiction. The
moratorium established at that time was not delineated by
ordinance. It is the view of City staff that we should act to
formally adopt an ordinance placing a moratorium on
establishment of adult entertainment centers until such time
that land use regulations can be drawn up that properly
regulate this type of activity in our community.
The ordinance proposed is very similar to an ordinance
recently adopted by the City of Elk River. It calls for a
moratorium to last one year during which time City staff will
be preparing a formal amendment to the zoning ordinance.
At this time, I have compiled Quite a bit of information
regarding what other communities have done to regulate the
establishment of adult book stores. Suffice it to say that
the U.S. Constitution does not allow us to completely
eliminate the development of adult book stores; however, the
City does have significant authority in defining where this
type of land use may be conducted. It may make sense to spend
some time reviewing the current zoning may and attempt to
pinpoint areas where this type of land use should be allowed.
B. ALTERNATIVE ACTIONSt
1. Notion to adopt an interim ordinance imposing a
moratorium on adult oriented land uses on certain
property located within the city of Monticello.
Under this alternative, the moratorium would be in place
for one year or until the City Council terminates the
moratorium. Planning Commission may want to select this
alternative based on the finding that it is necessary to
adopt the ordinance in order to protect the planning
process and the health, safety, and welfare of the
citizens of Nonticello.
2. Notion to deny adoption of an interim ordinance opposing
a moratorium on adult oriented land uses on certain
property located within the city of Monticello.
15
Planning Commission Agenda - 1/8/91
This alternative should be selected if Planning
Commission does not agree with the finding noted under
alternative il. Under this alternative, an adult
oriented book store or entertainment center could be
located in any portion of a 6-3 or B-4 zone, next to
daycare centers, schools, etc.
D. SUPPORTING DATA:
Copy of proposed ordinance amendment.
16
ORDINANCE AMENDMENT NO.
THE CITY COUNCIL OF THE CITY OF MONTICELLO DOES HEREBY ORDAIN THAT
THE MONTICELLO ZONING ORDINANCE BE AMENDED BY ADDING THE FOLLOWING
CHAPTER:
Chapter 29
AN INTERIM ORDINANCE IMPOSING A MORATORIUM
ON ADULT ORIENTED LAND USES ON CERTAIN PROPERTY
LOCATED WITHIN THE CITY OF MONTICELLO
SECTION:
29-1: Purpose
29-2: Definitions
29-3: Moratorium
29-4: Effective Date
29-1: PURPOSE: The City of Monticello is presently conducting
a planning study identified as "A Study for the Location
of Adult Oriented Land Uses" (the Study) for the purpose
of considering adoption and/or amendment of official
controls as defined in Minnesota Statutes,
Section 462.352, Subdivision 15, including Chapters 3-16
of the Monticello Zoning Ordinance. In recognition of
the documented secondary impacts that "Adult Oriented
Land Uses" pose to the property values, minors, and
nearby sensitive land uses, the City Council of the City
of Monticello does determine that prior to the completion
and implementation of the study, interim regulations are
necessary. The official controls and amendments will
consider, among other things, appropriate land use
regulations relating to "Adult Oriented Land Uses" as
defined below. The Study will consider regulations of
zoning districts for the property identified as "Zoning
Districts A0, R-1, R-2, R-3, R-4, R -PUD, PZR, PZM, B-1,
B-2, B-3, B-4, 1-1, and I-2" as shown on the City of
Monticello Zoning Map attached as Exhibit A to this
ordinance. Therefore, in order to protect the planning
process and the health, safety, and welfare of the
citizens of the city of Monticello, It to necessary and
desirable to impose the following moratorium pursuant to
the authority granted by Minnesota Statutes,
Section 462.355, Subdivision 4.
D
Ordinance Amendment No.
Page 2
29-2: DEFINITIONS: The following words and terms, wherever
they occur in this ordinance, shall be interpreted as
herein defined:
(AA] ADULT BOOK STORE: Any building or structure which
contains or is used for the display or sale of
books, magazines, movie films, still pictures, and
any and all other written materials, photographic
material, novelties, devices, and related sundry
items, which are distinguished or characterized by
their emphasis on matters depicting, describing,
or relating to "Specified Sexual Activities" or
"Specified Anatomical Areas," or an establishment
with a segment or section devoted to the sale or
display of such material.
[AB] SPECIFIED SEXUAL ACTIVITIES: Specified Sexual
Activities shall mean:
1. Acts of human masturbation, sexual intercourse
or sodomy, or any acts of bestiality.
2. Fondling or other erotic touching of human ,
genitals, pubic region, buttock, or breast of
either male or female.
3. Human genitals in a state of sexual
stimulation or arousal.
(AC) SPECIFIED ANATOMICAL AREAS: Specified Anatomical
Areas shall mean:
1. Less than completely and opaquely covered:
(a) human genitals, pubic region;
(b) buttock; and
(c) female breast below a point immediately
above the top of the areola; and
2. Human male genitals in a discernibly turgid
state, even if completely and opaquely
covered.
(AD] ADULT ENTERTAINMENT ESTABLISHMENT: Any building
or structure which contains or is used for
commercial entertainment where the patron directly
or indirectly is charged a foe to engage in
personal contact with or to allow a personal
contact by employees, devices or equipment, or by
personnel provided by the establishment, or
CU
Ordinance Amendment No.
Page 3
viewing of a series of dance routines, strip
performances, or other gyrational choreography
provided by the establishment which appeals to the
prurient interest of the patron to Include, but
not to be limited to, bath houses, massage
parlors, and related or similar activities.
[AE] ADULT THEATER: Any building or structure which is
used for the viewing of performances or activities
by others, whether such performances or activities
are by others, whether such performances are in
the form of live shows, motion pictures, slide
shows or other forms of photographic or visual
display, which are distinguished or characterized
by their emphasis on matters depicting,
describing, or relating to "Specified Sexual
Activities" or "Specified Anatomical Areas" as
heretofore defined, or an establishment with a
segment or section devoted to the talo or display
of such material.
29-3: MORATORIUM: From the effective date of this ordinance to
and including January 13, 1992, unless earlier terminated
by resolution of the Monticello City Council, the City
Council, Planning Commission, and the City of Monticello
i staff shall not accept any applications for or continue
to process or act on any applications or requests for
building permits, rezoning, conditional use permits,
variances, plats, administrative subdivisions, or other
land use approvals for land uses described In Section 29-
2 above within the area identified in Section 29-1 above.
29-4: EFFECTIVE DATE: This ordinance shall be in full force
and effect upon its passage and publication.
Adopted this 14th day of January, 1991.
Mayor
City Administrator
rt
Planning Commission Agenda - 1/8/91
10. Continued Public Hearin --A conditional use reguest to allow
used automobile/light truck sales in a H-3 jhiahwav business)
zone. Applicant, Hoglund Transportation/94 Services. (J.O.)
AND
11. Continued Public Hearin --A variance request to allow less
than the minimum 4,500 square feet of sales and display area.
Applicant. Hoalund Transportation/94 Services. (J.O.)
Information for these items will be delivered on Monday.
I
17