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Planning Commission Agenda Packet 01-03-1989AGENDA REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, January 3, 198 - 7:30 p.m. Members: Richard Carlson, Cindy Lenin, Richard Martie, Mori Malone, Dan McConnon 7:30 p.m. 1. Call to order. 7:32 p.m. 2. Approval of the minutes of the regular meeting held December 6, 1988. 7:34 p.m. 3. Public Hearing - A variance request to allow additional pylon sign square footage and pylon sign height. Applicant, First National Hank/Attracta Sign. 7:54 p.m. 4. Public Hearing - A variance request to allow an additional pylon sign on a B-3 (highway business) unplatted lot. Applicant, Tom Thumb Store. 8:14 p.m. 5. Replatting request to replat an existing lot into six townhouse lots and one common area lot. A variance request to allow a replotted lot to have less than the minimum lot width requirement. A replotting request to replat an existing lot into four townhouse lots and one common area lot. Applicant, Jay Miller/Fairway Court. 8:34 p.m. 6. Public Hearing - a simple subdivision request to allow an I-2 (Heavy Industrial) lot to be subdivided into two lots. Applicant, Oakwood Industrial Park Partnership. 8:44 p.m. 7. Public Hearing - a variance request to allow a residential unplatted tract of land to be subdivided by a metes and bounds description. Applicant, Tom Rolthaus. 8:49 p.m. 8. Public Hearing - a replatting request to replat an existing residential subdivision plat. Applicant, Dan Prie. 9:15 p.m. 9. Consideration of adopting a resolution finding the Housing and Redevelopment Authority's modified redevelopment plan for Redevelopment Project No. 1, Modified Tax Increment Financing Plans for tax increment financing districts Nos. 1-1 through 1-7, and tax increment financing plan for tax increment financing district No. 1-8, all located within Redevelopment Project No. 1 to be consistent with the comprehensive plan for the city. (Jeff Report). ADDITIONAL INFORMATION ITE13 9:39 p.m. 1. A simple eubdivieion request to subdivide an existing I-2 (Heavy Industrial) lot into two lots. Applicant, City of Monticello. Council Action. Approved as per Planning Commission Recommendation. 9:41 p.m. 2. Set the next tentative date for the Monticello Planning 7 Commission meeting for February 7, 1989 - 7:30 p.m. V 9:43 P.M. 3. Adjournment. '7 44 MINUTES ROGULAR MEETING - MONfICELLO PLANNING COMMISSION Tuesday, December 6, 1988 - 7:30 p.m. Members Present: Richard Carlson, Cindy Lem, Richard Martie, Mori Malone, Dan McConnon. Members Absent: None. Staff Present: Gary Anderson, Jeff O'Neill. Meeting was called to order by Chairperson Richard Carlson at 7:33 p.m. Motion by Richard Martie, seconded by Cindy Lem, to approve the minutes of the regular meeting held November 1, 1988, as presented. Motion carried unanimously, with Dan Mcconnon abstaining. 3. Public Hearing - A simple subdivision request to subdivide an existing I-2 (heavy industrial) lot into two lots. Applicant, City of Monticello. Chairperson Richard Carlson opened the meeting for any discussion from the public. There being no one in attendance from the public, he opened the meeting for discussion amongst the Planning Commission members. Commission members discussed the rationale for the splitting of this heavy industrial lot and who the proposed tenant would be of the lot which the City is proposing to sell. Mr. Jeff O'Neill, Assistant Administrator, explained to Planning Commission members the background of the applicant and the process which the City staff has gone through to work out a proposed purchase agreement on this lot for the new tenant, Northern States Power. With no further discussion from the Planning Commission members or City staff, motion was made by Richard Martie, seconded by Dan McConnon, to approve the simple subdivision request to subdivide an existing I-2 (heavy industrial) lot into two lots. Motion carried unanimously. 4. Discuss potential of allowing commercial advertising to be placed on benches situated on city puolic rigntbr-way. Chairperson Richard Carlson opened the meeting for discussion of this agenda item from anyone from the public. With no input from the public, Chairperson Richard Carlson turned it over to discussion from the Planning Commisaion members. Mr. Jeff O'Neill, Aaaistant Administrator, explained to the Planning Commission members that Dorothy Thomson of Sterling Signe was unable to attend the meeting to propose her idea of the City allowing her company to place benches on the city public right-of-way adjacent to city streets within the city of Monticello. If the City would allow her to place those benches on the public right-of-way, she would in turn rent advertising apace on the front aide of these benches. 9 Planning Commission Minutes - 12/6/88 The City Ordinance does not allow this as a temporary sign, and also within the boulevard section of the ordinance, it also does not allow this type of use and would require an ordinance amendment. Discussion amongst the Planning Commission members dealt with the City already putting in an extensive redevelopment project downtown with the Streetscape Project; and allowing this type of advertising to be placed in an area close to the downtown redevelopment Streetscape Project would probably not be in the best interest of the City. Commission members felt that without a public or private transportation system within the city limits to pick up passengers which way use these type of benches, it would not be beneficial to the city to amend the ordinance to allow this type of use within the public right-of-way. The general consensus of the five Planning Commission members present was to get back to Dorothy Thomson and explain to her that they were not in favor of amending the ordinance to allow this type of use within the public right-of-way. ADDITIONAL INFORMATION ITEMS 1. Rezoning request to rezone an R-1 (single family residential) tract of land into R-2 (single and two family residential) zone. Applicant, Ren Maus/Gary DeBoer. Council action: No action necessary, as applicants withdrew their request. 2. Replatting request to replat an R-2 (single and two family residential) lot into two residential lots. Applicant, Fairway Court/Jay Miller. Council action: Approved as per Planning Commission recommendation. 3. Motion by Cindy Lemm, seconded by Richard Martie, to set the next tentative date for the Monticello Planning Commission meeting for January 3, 1989, 7:30 p.m. Motion carried unanimously. 4. Motion by Dan McConnon, seconded by Richard Martie, to adjourn the meeting. Motion carried unanimously. Meeting adjourned at 8:24 p.m. Respectfully submitted, Gary Ancerson Zoning Administrator 0 Planning Commission Agenda - 1/3/89 3. Public Hearing - A variance request to allow additional prylon sign square rootage ana pylon sign neiqnt. Applicant, First National Bank/ARAEEa Sign. kG.A., A. REFERENCE AND BACKGROUND: Attracts Sign, a sign company hired by the First National Bank of Monticello, is proposing to be allowed to remove the existing pylon sign and replace it with a new pylon sign. However, the new sign they are proposing to replace it with is a larger pylon sign in square footage and in pylon height. Two variances will be required prior to installation of this sign. The maximum sign height allowed by the Ordinance Is 18 feet in height. The applicant is proposing to be allowed to construct the sign with a height of 25 feet. The applicant is also proposing a pylon sign of 108 square feet where the maximum allowed is C50)aquare feet. The applicant does not attempt to demonstrate any hardship in the application. It is the view of the applicant that they should be allowed to develop a sign equal to that which exists at the Security Federal Bank building site. An administrative decision was made back in 1985 to allow Security Federal to relocate their existing non -conforming pylon sign from the current site of the A-V Room to the new location. The sign that was relocated is 26 feet high and has a sign area of 100 square feet. Unfortunately, City staff mistakenly allowed re -installation of the non -conforming sign without prior review by the Planning Commission. B. ALTEWATIVE ACTIONS: 1. Approve the variance request to allow additional pylon sign height and sign square footage. Since the action talo by City staff was improper in terms of procedures outlined in the Zoning Ordinance, a true precedent has not been set. In a court of law, the City would not likely be compelled to follow the precedent and grant the proposed variance because the appropriate governing bodies did were not given the opportunity to make a ruling regarding the "precedent" setting event. However, it may be that the Planking Commission, from a public relations standpoint, would desire to grant the variance despite the fact that a true precedent has not been established. If this is the case, an amendment to the sign section of the toning ordinance should be developed which redefines sign height and site requirements. 2. Deny the variance request to allow additional pylon sign height and square footage. Planking Commission could justify denial of the variance request based on the fact that criteria for granting a variance have not been met and because there is no bona fide precedent established when City V► � j Planning commission Agenda - 1/3/89 staff granted the sign permit to Security Federal which allowed the ! relocation of an existing non -conforming sign. Furthermore, granting of the variance as proposed would ultimately result in an amendment to the ordinance that would double the existing maximum sign area allowed and increase the height maximum by 38%. Qnanging the ordinance in such a drastic meaner may be too big of a price to pay for the sake of maintaining a precedent set by mistake. C. STAPP RECOM ORT10Nt Staff recommends denial of the variance request because approval operas the door to development of signs that will be twice as large and 38% higher than what is currently allowed by Ordinance. Staff recognises that it might be good form to follow the precedent even though it was set by mistake. However, in this case, it Is difficult to follow the precedent because the variance request is so extreme and because the long term effects of granting this variance and bending so far from current maximums could have a negative lag term impact. D. DATA: Copy of the location of the proposed variance request; Copy of the site plan for the proposed variance request; and a copy of the Sign ordinance section. IM -2- iia �urt aNtt �Jtr�vrt anis,�i'ut atl;�.r �,� �„ ,, ax t aIJJta� �'�� 9J '� �� • • ��ttRa�� �� qi p���J�JJ"� y. tJJ tt� �� � ��rt�t`• qac. a. T,6 iv,o T Tt B ,W IPrp �f' T a T 1_ Bank ATTINCTR JW 91an mwn mnMm towsoo nnoa o sun 3-9 19)4(b) 3-9 (E16(e) (b) Parking Areas, Driveways: no part "I of the pylon signs shall be leas than �i five (s) feet from any driveway or parking area. (c) Area, Height Regulations: SPEED AREA HEIGHT ROAD CLASSIFICATION (MPH) (SO.FT.) (FEET) Collector 70 25 16 2s so 20 40 100 24 Major Thoroughfares t;n BO 1B) 2s 100 22 40 125 24 Is 1s0 26 so lis 28 Freeways and ss zoo 32 Expressways and above (d) Definitions: Definitions of road classifications apply as defined by the official Comprehensive Plan as adopted. yj (e) Application: The level at which the sign control system applies is determined by the type of road, as defined above, which directly abuts the subject property. L. in the case of subject property directly abutting more than one (1) road, each designated by a different road classification type, the less restrictive classification shall apply in determining sign area and height. ii. Actual sign height is determined by the grade of the road from which the sign gains its principal exposure. iii. Area as determined by the formula under 2 (o) above, applies to one (1) face of a two (2) faced pylon sign, or two (2) faces of a four (a) faced sign, etc. Iv. A bonus allowing *Freeway Standard "q? Signs* (200 square fast in area and 12' high) in a comsezcial or industrial area is available to all businesses located within 800 feet of a freeway but do not abut a freeway. d -A., Planning Commission Agenda - 1/3/89 4. Public Hearing - A variance re9uest to allow an additional pylon sicp on a B-3 (highway business) unplatteo lot, Applicant, Tom TrAM Store. MO.) As you recall, the Planning Ommission acted in September 1989 to grant a variance request to the Tam Thumb store which allowed the installation of a sign that exceeds maximum height and size requirements as outlined in the zoning ordinance. A variance of 64 square feet was granted to the sign area and the sign was allowed to be placed at a height of 50' which required a variance of 181. Planning Commission granted the variances somewhat reluctantly because of previous precedent. 0n the heels of the approval of the above variance request, the Tom Thumb food store requests that the Planning Commission grant another variance that will allow the installation of a second pylon sign that will replace the original pylon sign. The second pylon sign proposed will include the same advertisement as the larger sign and will be still larger than the original sign. The sign company contends that they were never told that they would be required to replace the existing pylon with the new pylon. Please note in the agenda supplement sent to you it was clearly spelled out that the new sign was intended to replace the old sign. Your previous decision was based on the understanding that the new higher and wider sign was a replacement sign. No hardship is cited as justification for the second pylon sign. The sign company sites the presence of two pylon signs at the nearby Pord Dealership as justification for development of two signs at the Tom Thumb. ANALYSIS This request does not meet any of the criteria for granting a variance. Purthermore, it is our view that the reasons for granting two pylon signs to the Ford dealership are unique to the business activity at this location and, therefore, this precedent cannot be directly applied when considering the Tom Thumb variance request. According to the recollections of the City Administrator, and according to the meeting minutes of November 7, 1977, the Ford Dealership was allowed to install two signs because the business needed to advertise two distinct functions. If you visit the site, you will note that each sign contains a separate advertisement with no message repetition. On the other hand, the proposal submitted by the Tom Thumb store calla for two signs containing the same message. Therefore, the Ford Dealership precedent does not apply to the current situation. Please visit the site and note that the larger of the two Tae Thumb signs is clearly visible from the freeway as intended and it is also readable from both directions on Highway 29. Also note that the "Tae Thumb" advertisement Is very prominent on the face of the building as well. It appears that there is more than sufficient signage present to indicate business use of the structure. .3- Planning Commission Agenda - 1/3/89 B. ALTEMATM ACTIONS: 1. Deny the variance request. 2. Approve the variance request that a truly negative precedent will not be set. C. STAPP RECOMMENDATION: The variance request does not satisfy any of the criteria associated with granting a variance, and as such, the City would not be taking, in our estimation, unreasonable action by denying the variance. Purthermore, it is our view that the presence of two pylon signs at the Pord Dealership does not create a precedent that can be applied in this situation. Pinally, granting of this request will set a precedent that will allow other businesses to install two pylon signs at each business location which, in our estimation, is not in the beat interest of the community. Por reasons stated above, staff reooamends denial of the variance request. D. 4.ie.4—A. DATA: Copy of previous agenda item pertaining to original variance request Submitted by Tom Thumb Stored Plan for enlarged second pylon signs Copy of meeting minutes pertaining to Council decision to allow Ford Dealership to have two pylon signs. -4. November 7, 1977 to approve the building permit request of Monticello Ford contingent uper. final review and approval by the building inspector and city engineer. 4. Public Hearing - Variance Request - Two Pylon Signs. Monticello Ordinance Section 10-3-9 allows only 2 wail signs or one wall sign and one pylon sign. Monticello Ford, Inc. requested one wall and two pylon signs (one for new cars and one for used cars). Mr. Flake indicated that the necessity of two pylon signs comes about because of Ford lbtor Go. requirements established for new car dealership buildings with both new an:i used car sales. 0. Blonigen entered a motion, seconded by P. White and unanimously carried .o grant a variance to Monticello Ford to allow two pylcn signs in additio,' to one wal:. sign. 5. Public Hearing - Variance Request - Suis Height Requirements. Monticello Ordinance Section 10-3-9 limits the height of a pylon sign to 32' if a business is "on or within 800' of a freeway'. Ford Motor Co. has indicated to Mr. Flake that .bnticello Ford can qualify for a 42' Up based on criteria established by the corporation for new dealerships and as a result Mr. Flake requested that a variance be granted for the new car dealership sign allowing a height of 421. A motion was made by G. Walters, seconded by D. Blonigen and unanimously carried to deny the variance requested and require all pylon signs to meet. the 321 height limit. 6. Public Hearing - Variance Request - Curb Barrier. Monticello Ordinance Section 10-3-5-(0) requires a curb barrier along the perimeter of the off-street parking area. Monticello Ford, Die., In re- questing a variance to provide a curb barrier only along the entryway to the site but net the entire parking area since future expansion might necessitot, tearing up portions of the curb barrier. A motion was ,Dade by P. White, seconded by A. Grimsmo and unanimously carried to approve the variance requested provided a curb barrier is instalir on both sides of the entrance drive on the northerly portion of the parking area and building frontage, with the balance of the cub barrier around the parking area perimeter completed within two years of occupancy. Motion to adjourn was made by P. White, seconded by A. Grimsmo and unanimis'_: carried. Rick Wol.eteller, Adm. Asat. RW/mjq 5 L, 03 Planning Agenda — 9/6/88 a. A Variance Request to Allow a Pylon Sign to be Constructed in excess of the Maximum SiZf Mivare Footage ana HeLgnt Requirements. Applicant, Tom Tnumb Store. 15.0.1 A. REFERENCE AND BACKGROUND: The Tom Thumb Food Store is proposing to be allowed to replace their existing pylon sign with a combination Tom Thumb Store sign and a separate Phillips 66 gasoline station sign. The total square footage of the two signs combined is 261 square feet threby exceeding the 200 square foot maximum allowed by ordinance. It is also proposed that the new combination sign be elevated to 50 feet in height which would exceed the maximum of 32' allowed under the freeway bonus. The maximum allowed under the freeway bonus is 32' above the traveled portion of the road which gets its major exposure, in this case it would be Highway 24. variances have been requested by other businesses in this area for additional sign height and sign square footage and have been approved in the past. B. ALTERNATIVE ACTIONS: 1. Deny the variance request to allow a pylon sign to be constructed in excess of the maximum sign square footage and height requirements. Planning Commission must determine if there are circumstances that justify the proposed variance. It may be difficult for the applicant to make a good justification for the variance request. Applicants single justification u- appears to be based on the desire of economic gain which will be the result of better advertising created by a higher and bigger sign. The desire for economic gain is not a criteria for awarding a variance according to the toning ordiance. Therefore, unless there is another factor justifying the installation of the higher and larger sign, it appears that there are no grounds for granting the variance. If the Commission does decide that the request is reasonable and a variance is appropriate, then it should consider taking future action to emend the ordinance to allow this type of sign development to occur without requiring a variance. Such an amendment would create an ordinance that better reflects the values of the Planning Commission regarding freeway signage. 2. Approve the variance request to allow a pylon sign to be constructed in excess of the maximum sign square footage and height requirementa. It appears that on previous occasions, the Planning Commission has allowed installation of signs higher and larger than the maximum allowed, therefore it appears that a precedent has been set. Since I am not familiar with the case history I am not sure how previous precedents affect this case. Previous precedent may cospell the Planning 0%nmission to approve this variance request. As of the preparation of this agenda item, information regarding the peecedenta has not been collected. I hope to have this information at the sooting. CO) Planning Agenda - 9/6/88 } C. STAPP RECOMMENDATION: Staff recommends denial of the variance request. The sign as presented would be in excess of the mnxlmhm amount of sign height and square footage allowed by ordinance under the freeway bonus portion, which allows a maximum of 200 square feet of pylon sign area and a maximum of 32 feet in height. Such a large variance doss not appear justified and awarding the variance could create a precedent that would add to the proliferation of higher and larger signs which could result in significant visual blight. if the Planning Cmaission desires to approve this request, it should consider adopting new language requlating free -way signage. D. S7PPMTING DATA: Copp of the location of the proposed variance request and copy of the site plan for the proposed new pylon sign and a copy of sign square footage and sign height requirements. 9 ON -,Gt% Sim% .11. OV a at ttte to - .&so 904'rj.01% ,ST. ,*C ge T'SAP. ad V% 0 C*Gta UOCA 'st%ta cv/ go , sjqt% '06 �,f r�� 't 1, S, %Q. trox .61 tv-9 l ,a,% a cj�tll loo SA jj .7 -7j A.- k, L7! f, T 0 ..... ...... \GM WAY NO,94 20 41 IL , MILLIPS • � �, -F � rain Ao µ. R� r p,14MiAiAt{SO S+W' ZO' •1 Y Ciao- _ Aq 1 itA•� ja i'�� �f V e _-�I p,• rig It ��.....,.+r• Z,,,r,i'� � � r � E-1 StYl'XCllljidll 1 motaa�II wta' — — _ • COYRti� 61fiM MR�nCi � � I Ole "11A t ,•wr 1 S.;ixr+xJ7rri 4 R v/ REGULAR UNLEADED -1 (�. L _ ID 10 r "KWWV op sly'll-A- j INJ C�( Planning Commission Agenda - 1/3/89 v S. Re Qlatti.9 request to replat an existing lot into six townhouse lots and one commDn area lot. A variance request to allow a relatted lot to have less than the ninimum lot width requirement. A replatting request to caplet an exietl lot into tour townhouse lots arsd one common area lot. Appllcant, Jay Miler/Fairway Court. (G.A.) A. REFERENCE AND BACKGROUND: Mr. Jay Miller is back before you requesting to replat his two existing previously approved subdivided lots into one six unit townhouse lot and one common area lot and the other being four townhouse lots with one common area lot. Under the northerly portion of this subdivided lot, Mr. Miller to proposing to construct six townhouse units with a common area around them. As you will note on the enclosed site plan, the lot width on this northerly portion shows a lot width of 64.25 feet, where the minimum required by ordinance is 80 feet of lot width. However, at the 30 foot front yard setback line, Mr. Miller does exceed the minimum 80 feet of lot width at the 30 -foot setback line. In looking at the townhouses as situated on the northerly portion of this lot, Mr. Miller has demonstrated that he can fit six townhouse units on this lot and still stay within the minimum setback requirements. As the townhouses are situated on this northerly portion of this lot, one would question how Mr. Miller is going to serve these six townhouse units with a driveway/driveways and account for some type of circulation within the driveway parking area. Mr. Miller has indicated that the off-street parking requirements would be met or exceeded in that they would be double car garages on each of the six townhouse units. With the two enclosed spaces per unit, Mr. Miller does meet the minimum requirements of the ordinance. One thing the City staff would like to illustrate in the review is that when a townhouse owner to parking in front of their garage, what type of parking driveway circulation throughout this six unit townhouse development Is going to occur with a vehicle/s parked in front of the townhouses. If a vehicle was parked in front of the garage, we would need to account for twenty feet in front of the garage for a parking apace sire for a vehicle and also allow for a driving lane between the parked car and the end of the driveway, which would be a 24 -foot driving aisle. With this in mind, one could conceive a 44 -foot width in front of the garage units to accommodate a vehicle parked in front of the garages and a driving aisle behind the parked vehicles to accommodate the parking circulation. In looking at the south portion of this lot, the townhouses are so situated on the lot to meet the minimum setback requirements. The layout of the lour tovnhousee on the mouth portion of this lot demonstrates similar to what the colony by the Greene Second and Third Additions layouts are. 5;M Planning Commission Agenda - 1/3/69 Staff feels that some serious consideration should be done for Mr. !tiller � revising his plan to show the eight townhouse units being placed on this one lot. With the layout that Mr. Miller has proposed, he definitely meta the minimum requirements of the ordinance of these ten townhouse units on this lot. City staff feels the developer is taking advantage of the large size area of the existing lot to accomplish getting two additional units on here when an eight townhouse unit and one common area lot would fit quite nicely on this lot. B. ALTERNATIVE ACTIONS: 1. Approve the replatting request to replat an existing lot into six townhouse lots and one common area lot. 2. Deny the replotting request to replat an existing lot into six townhouse lots and one common area lot. 3. Approve the variance request to allow a replatted lot to have less than the minimum lot requirement. 4. Deny the variance request to allow a replatted lot to have less than the minimum lot requirement. 5. Approve the replotting request to replat an existing lot into four townhouse lots and one common area lot. J 6. Deny the replatting request to replat an existing lot into four / townhouse lots and one cocoon area lot. C. STAFF RECOMKERDATION: The developer has chosen to replat the recently simple subdivided lot to accommodate a six townhouse unit and one common area lot on the north portion of this existing lot and also to replat the southerly portion of this existing lot into four townhouse lots and one common area lot. The developer has not demonstrated any hardship in the creation of ten total townhouse unite on this platted lot other than he has excess land area which he would like to develop to it fullest extent which would allow a six unit townhouse building on the north portion of this lot and a four unit townhouse on the southerly portion of this lot. The staff still questions the layout of the six townhouse unite on the northerly portion of this lot with the parking and parking circulation to be created within six townhouse unit. D. SUPPORTING DATAt Copy of the location of the proposed replatting requests Copy of the site plan for the proposed replotting request. 411 -6- A replatting request to replat an existing �� I1 lot into 6 townhouse lots and one common l� I! area lot. A variance request to allow a •- _ \. I replatted lot to have leas than the minimum 11 lot width requirement. � 1 A repiattiagrequest to raplat an existing lot into A townhouse lots and one common c \,` area lot. ' Jay Miller/Fairway Court --' ---- -- --�: _-------- c P r c t T �0T r - GOVT LOT a\� LOT --INI Mw moo moo 2 83 4000 12 BLOCK ONE - w u Planning Commission Agenda - 1/3/89 6. Public searing - A single subdivision re ,guest to allow an I-2 (Beavy Inaustrlail lot to be subdivided into two iota. Appiicant, oakwooa inradsidal Park Partne[ship. G.A.) A r• s i. .w 1'77i --'[S .7 The Oakwood Industrial Park Partnership is proposing to be allowed to simple subdivide one of the existing I-2 (heavy industrial) lots into two lots. The proposed lot to be subdivided is Block 3, Got 1, Oakwood Industrial Park Addition. The Partnership has indicated they have a prospective buyer for the westerly 223 feet of this lot for potential development. The remaining portion of this lot to be subdivided would be under an option agreement with the potential buyer. The proposed lot to be subdivided into two lots will have each of the two lots meeting the minimum lot square footage and lot width requirements under I-2 (heavy industrial) zoning. B. ALTERNATIVE ACTIONS: 1. Approve the simple subdivision request to allow an I-2 (heavy industrial) lot to be subdivided into two lots. 2. Deny the simple subdivision request to allow an 1-2 (heavy industrial) lot to be subdivided into two lots. C. STAPP REOOMMIDATION: The proposed I-2 (heavy industrial) lot to be subdivided does meet or exceed the minimum lot area and lot width requirements under I-2 (heavy industrial) zoning. one thing to consider is if the potential buyer does not exercise hie/her option to purchase the easterly portion of this newly subdivided lot, and the Oakwood Industrial Park Partnership sells this portion of the lot to a new potential buyer, the Oakwood Industrial Park Partnership or the new buyer would be responsible for the complete installation of a new service to be provided to this lot. If this simple subdivision is approved, the existing service to this lot would be used by the westerly portion of this existing lot to be subdivided. D. SUPPORTING DATA: Copy of the location of the proposed simple subdivision request, Copy of the site plan for the proposed simple subdivision request) Copy of the ordinance section under heavy industrial lot area and lot width requirements. -7- --.:t . tt �, rr� `i, � !f ! .t err• •;./.' ' ��l �;, Il. .t� re„„ ��1 �" Q�iJ77jll�'• �'i . f •r": ~.l. ! ;�+.`•„�, ` " ` '"�t.:1 .r• J r �• l�r ,',+v.� 7�ly ;. „r '1 � �'••P'%�M1`br; +`. r �, / 1• C„`.y:7 .11 r /"""I"���+111��� ��1((�� r,,lrrr��� _ 'Jr. let ,1 /t • -�.Y h [jj'/�rfl}+jI Jj(.•j�j j;� './�; ;j... i`', •/ �, _""' � tfi +iii .It Ylt/. MI, .Ift f,l�• ��•�•. p t•. Q �" r. k i �.t/ 1. ;";JS r f r 1 i, 4 "".+•r.T r� ��, I �.:, j t' .. ""••eur !j� �'r. rr . i • f ? 1 ,� j � �' Q /! � `.'jam.. ... � ',� : I �• r t • � gas. r "' - i� � ` 4 -. HIGHWAY 1 NO. 94 r .+•�', �`� �• fir! 44 o "' 1 t •11n`� .r `` ` v • on Stet q ory A •yID9S lh•a 1t+0 • 1Q i4 "not �tip y in MINI minner®ta DEPARTMENT OF ECONOMIC DEVELOPMENT Industrial Park Profile Oakwood Industrial Park Monticello, Minnesota That part of Lot 1. Block 3 of Oakwood Industrial Park described as follows: Commencing at the northwest corner of the said lot; thence South along the West line 378.32 feet to a point; thence Fast at a right angle 223 feet to a point; thence North parallel with the West line to a point on the North line; thence West at a right angle to the point of beginning. j In addition, each condominium unit shall have the minimum lot area for the type of housing unit and usable open space as specified in the Area and Building Size Regulations of this Ordinance. Such lot areas may be controlled by an individual or joint ownership. [P] In residential districts, where the adjacent structures exceed the minimum setbacks established in Subsection (C] above, the minimum setback shall be thirty (70) feet plus two-thirds (2/2) of the difference. between thirty (30) feet and the setback or average setback of adjacent structures within the same block. ]-a: ARBA AND BUILDING SIZE REGULATIONS: [A] PURPOSL: This section identifies-1.4— area and building size requirements to be provided in each zoning district as Listed in the table below. DISTRICT IAT AREA LOT WIDTH BUILDING HEIGHT A-0 2 acres 200 N/A R-1 12.000 80 2y 2-2 12,000 80 21, R-] 10,000 so 2 R -a 48,000 200 1 PZ -R 12,000 80 2% PZ -M 12,000 80 2 B-1 8,000 80 2 B-2 N/A 100 2 B-] N/A 100 2 B -a N/A N/A 2 1-1 20,000 101 0-2 30.000 100 2 1. The building height limitation in an R-1, PZ -M, B-1, B-2, 8-2, B -a, I-1, and I-2 zoning districts shall be two (2) stories. 2. In zoning districts R-2, PZ -N, 3-1, 3-2, B-1, 8-4, I -I, and I-2, a (2) three story building may be allowed as a conditional use contingent upon strict application of a requirement that firs-extlnquishing systems be installed throughout the building. (Requ,i,tu d undZcZoat dat ptrowt baatd upon paottdmu act douA in dxd ttgllLatt by Chnplta It o6 th.i,a oadiAanet) . c4p Planning Comission Agenda - 1/3/89 v 7. A variance request to allow a residential unplatted tract of land to be suoalvlaea Dy a (Oates encs oounas Oescrlptlon. Applicant, Tom Hoitnaus. 13.b.) As you may recall, ib® Holthaus recently requested and received preliminary plat approval to subdivide an unplatted tract of land. Since gaining this approval, Holthaus has requested that the City allow him to record the subdivision utilizing a metes and bounds description rather than platting the property as originally proposed and as prescribed by ordinance. Following are reasons why Holthaus makes his request. The open land created with the subdivision of this property will likely be replatted in the near future to accommodate a future unknown development proposal. To the applicant, it does not make sense to go to the added expense of platting the property only to turn around and replat the parcel next year or the year after. The applicant understands that development of the parcel described by a mates and bounds description will not be allowed until such time that all areas associated with the original parcel are properly platted. Holthaus has agreed to provide the City with a warranty deed to the area now planned for the 7th Street right-of-way in lieu of a dedicated right-of-way that would otherwise be included in the plat. B. ALTERNATIVE ACTIONS: 1. Approve the variance request. This request does have merit. It may be that strict application of the Zoning Ordinance in this instance places a hardship on the applicant. Furthermore, staff does not foresee the establishment of a significant negative precedent with the approval of this request, as it appears to be a unique situation. It should be eaphasized that prior to issuance of a building permit, the property swat be properly platted. Pinally, Tom Hayes reviewed the situation and did not express concerns opposing the granting of the variance. 2. Deny the varum:.. request. Planning Commission may foresee problems that are not evident to staff at this point and deny the request accordingly. D. o.w..n.., a DAM Section of Zoning Ordinance pertaining to conveyance of land by metes and bounds descriptions Copy of preliminary plat] Letter from sum Hayes of November 28, 1988. 4- to �0.10. tfoc DY it a too to be t meJLA bO 0 too & To. 11-8-1 11-8-2 i CHAPTER 8 REGISTERED LAND SURVEYS AND CONVEYANCE BY METES AND BOUNDS SECTION, ' 11-8-18 Registered land Surveys 11-8-21 Conveyance by Metes and Bounds 11-8-11 REGISTERED LAND SURVEYS, It is the intention of this Or- dinance that all registered land surveys in the City of Monticello should be presented to the Planning Commission in the form of a preliminary plat in accordance with the standards set forth in this Ordinance for preliminary plats and that the Planning Commission shall first approve the arrangement, sizes, and relationship of proposed tracts in such registered land surveys, and that tracts to be used as assements or roads should be so dedicated. Unless a recommendation and approval have been obtained from the Planning Commission and City Council re- spectively, in accordance with the standards set forth in this Ordinance, building permits will be withheld for buildings on tracts which have been so subdivided by registered land surveys and the City may refuse to take over tracts as streets or ronde or to improve, repair or maintain any such tracts unless so approved. 11-8-21 CONVEYANCE BY NETES AND BOUNDS, No conveyance in which ti land conveyed is described by metes and bound* shall be made or recorded it the parcels described in the conveyance are five (5) acres or less, in area and three hundred (300) feet in width unless such parcel was a separate parcel of record at the effective date of this Ordinance. Building permits will be withheld for buildings or tracts which have been subdivided and conveyed by this method and the City may refuse to take over tracts as streets or roads or to improve, repair or maintain any such tracts. 0 bn� {Pi ' 1 /Ur pr•• OJiil[4tAwt'wG't•, it, 1..+• off roil rA F* +•--il. ,•,ci'y)_^_'.•� l.�V z • "•• n 1.., ~' :"`:oC4 � "• irrrr a 0 if H ! l t`jy =Kf V��\ialY.-� '�,;'�4..! + i'....1^ ....I+ f <� .nwet,�.+ • ' +.' , � �y' 1 t ` •J.1itj� r -t. F ,�. ' ttr,1 �r e j. Yyn iw�ua 3I�_. l� +•'...j ! ti 1� r+ .t 14t..1V ojf I , , ,r QUTLOfi Aow— ,•/` / I ` t'j '•�+ [J•NO,�q.. T.f { �\ A111•rY 11I •� �. � • � , - J t.,d '✓''fI OyK'f.✓`'rMr.w.sv✓•i n✓rr: rt..r f?. • � :r U + �.yypw )11.1 `'� i v � 1{ ,• , C ��rf•JA/ Lf..S.•. !{ f.I.M •w✓ V Jy,•ty�NM w✓lfI �� � ►17'+l 1••/•W wI �'rbvi n'a ianiD SLiityEl'O%iS _'-��'�y',�Igf�;: acs S mirm & MAYES uonneltua O"cl ATTORMSYS AT LAW N venal oPPICS 107 SOUTH WALNUT STRIW CMO" PROVISSU MAL RL". P.O. eon SIS eR500RT v. aid"". J.D. SW EACH ST.. SUITS 101 MOIVTICSLLO. MINNeSOTA 56]01.0000 DART L MM06=. J.0.41940-19"p/I RN". IUM1110TA 67 70 rmO ^s O. MAns. J.o. GPM@ OHHOHII ISIS 8, 107 01,1411 OIIOW We -1•m uSTSO two IS1a Hl•lOo RICHARD o. CLOUOM. JA. November 28, 1988 Jeff O'Neill 250 East Broadway Monticello, MN 55362 Re: Thomas Nolthaus Dear Jeff: I have reviewed Title 11 of the city code, including Section 11-8-2. Vhile this ordinance reflects sound planning and development goals and ought to be strictly adhered to where reasonable, I am of the opinion that nothing contained within Title 11 would prevent Mr. 8olthaua from petitioning the Planning Commission for a variance under chapter 9 of Title 11. Of course Mr. Eolthaus must be prepared to satisfy the criteria for the grant of a variance as spelled out in chapter 9. If the variance is ultimately greeted, Mr. @olthaus should receive written evidence of the variance grant in recordable form. ?ours truly, .>. -� Thomas D. Hayes TD8/sem File No. 74-1115 \ A replotting request to replet an existing residential subdivision plat. Den Frie. 1 I �- 1 q 1 i 1 1 . --------1-----_-------------. • 1 1 . 1 - 'I 1 r r � �r 1 J / GOV' LrIT 3 A � T 1 6 I P RESOLUTION OF THE MONTICELLO PLANNING COMMISSION FINDING THE HOUSING AND *A- REDEVELOPMENT AUTHORITY'S MODIFIED REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT NO. 1, MODIFIED TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICTS NOS. 1-1 THROUGH 1-7, AND TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-8, ALL LOCATED WITHIN REDEVELOPMENT PROJECT NO. 1 TO BE CONSISTENT WITH THE COMPREHENSIVE PLAN POR THE CITY. WHEREAS, the Housing and Redevelopment Authority's Modified Redevelopment Plan for Redevelopment Project No. 1, Modified Tax Increment Financing Plans for Tax Increment Financing Districts Nos. 1-1 through 1-7, and the Tax Increment Financing Plan for Tax Increment Financing District No. 1-8 (the "Plans"), all located within Redevelopment Project No. 1, have been submitted to the Monticello Planning Commission, Pursuant to Minnesota Statutes, Section 469.0271 and WHEREAS, the Planning Commission has reviewed said Plans to determine the consistency of said Plans to the Comprehensive Plan of the City. ® NOW, THEREFORE, BE IT RESOLVED, BY THE MONTICELLO PLANNING COMMISSION, that the Plans are consistent with the Monticello Comprehensive Plan, and the Commission recommends approval of the Plans to the Monticello City Council. Adopted s --� PeJV 4*4 Chairman Attests