Planning Commission Agenda Packet 08-04-1992AGENDA
REGULAR MEETING - MWTICELLO PLANNING COMMISSION
Tuesday, August 4, 1992 - 7 p.m.
Members: Dan McConnon, Richard Martie, Jon Bogart, Cindy Lemm,
Richard Carlson
7:00 pm 1. Call to order.
7:02 pm 2.
Approval of minutes of the regular meeting held
June 2, 1992.
7:04 pm 3.
Approval of minutes of the regular meeting held
July 7, 1992.
7:06 pm 4.
Approval of minutes of the special meeting held
July 27, 1992.
7:08 pm 5.
Consideration of amendments to the Monticello
Zoning Ordinance pertaining to the definition and
regulation of home occupations.
7:38 pm 6.
Consideration of a special home occupation permit
request which would allow persons other than the
resident to conduct a home occupation. The
applicant is a tour operator for high school music
festivals. Applicant, Dave and Joan Thielman.
8:53 pm 7.
Public Hearing --A conditional use request to allow
thirteen (13) or more dwelling units in two (2)
apartment buildings on an unplatted tract of land.
A request to allow a simple subdivision of an
unplatted tract of land. Applicant, David Hornig.
9:06 pm 0.
Public Hearing --A request for an ordinance
amendment to the PEM (performance zone mixed) zone
to allow as a conditional use an automotive/ light
truck oil change/lube facility. Applicant, Gerald
Hoglund.
9.
Public Hearing --A conditional use request allowing
operation of an automative/light truck oil
change/lube facility in a PEM (performance zone
mixed) zone. Applicant, Gerald Hoglund.
9:28 pm 10. Public Hearing --A conditional use request to allow
a sign system for a building to be considered as a
shopping center or a shopping mall. Applicant,
Barry Fluth.
9:45 pm 10. Continued Public Hearing --A preliminary plat
request entitled Silver Fox Commercial Subdivision
to subdivide an existing 6.69 -acre tract of
unplatted land. Applicant, Ed and Arlys Larson.
Planning Commission Agenda
August 4, 1992
Page 2
Additional Information Items
10:03 pm 1. Consideration of an amendment to Section 2-2 [HB]
of the Monticello Zoning Ordinance governing home
occupations. The proposed amendment would modify
the requirement that "No other than persons
residing on the premises shall be employed."
Applicant, Dave and Joan Thielman. Council action:
Set a public hearing date for August 4, 1992,
before the Monticello Planning Commission.
10:05 pm 2. Preliminary plat request to subdivide an unplatted
tract of land into an industrial subdivision plat.
Applicant, Brad and Mary Barger. Council action:
Approved per Planning Commission recommendation.
10:07 pm 3.
Consideration of a request to amend a condition of
the previously -approved conditional use permit.
Applicant, Hillside Partnership/6th Street Annex.
Council action: Approved as per Planning
Commission recommendation.
10:09 pm 4.
Continued public hearing --Consideration of a
variance request to allow less than the minimum
off-street parking spaces. Applicant, Hillside
Partnership/6th Street Annex. Council action:
Approved as per Planning Commission recommendation.
10:11 pm 5.
Continued public hearing --A preliminary plat
request entitled Silver Fox Commercial Subdivision
to subdivide an existing 6.69 -acre tract of
unplatted land. Applicant, Ed and Arlys Larson.
Council action: No action required, as the request
did not come before them.
10:13 pm 6.
The Monticello City Council will hear the final
plat request to subdivide an unplatted tract of
land into an industrial subdivision plat (Barger
Addition) at their first regularly scheduled City
Council meeting Tuesday, September S.
10:15 pm 7.
Set the next tentative date for the Monticello
Planning Commission meeting for Tuesday,
September 1, 1992, 7 p.m.
10:17 pm S.
Adjournment.
MINUTES
REGULAR MEETING - RONTICELL0 PLANNING COMMISSION
Tuesday, July 7, 1992 - 7 p.m.
Members Present: Dan McConnon, Richard Martie, Jon Bogart,
Cindy Lemm, and Richard Carlson
Members Absent: None
Staff Present: Gary Anderson and Jeff O'Neill
1. The Planning Commission meeting was called to order by
Chairman, Dan McConnon, at 6:55 p.m.
2. Motion was made by Cindy Lemm and seconded by Richard Martie
to approve the minutes of the Special Planning Commission
meeting held June 15, 1992. Notion carried. Voting in favor:
Cindy Lemm, Richard Carlson, and Richard Martie. Abstaining:
Dan McConnon and Jon Bogart.
Motion was made by Richard Martie and seconded by Cindy Lemm
to approve the minutes of the Special Planning Commission
meeting held June 22, 1992. Notion carried. Voting in favor:
Cindy Lemm, Richard Carlson, Jon Bogart, and Richard Martie.
Abstaining: Dan McConnon.
3. Public Hear i nq- -Considerat ion of amendment to Section 2-2 HB
of the Monticello Zoninq Ordinance governing home occupations.
The proposed amendment would modify the requirement that no
other than Dersons residing on the premises shall be emoloved.
ADDllcant. Dave and Joan Thielman.
Mr. Jeff O'Neill, Assistant Administrator, explained to
Planning Commission members and members of the public that
were present the request for a proposed zoning ordinance
amendment to the home occupation permit process. Planning
Commission members have basically three options to consider.
They are as follows:
1. To recommend approval of an ordinance amendment
which would make it possible to approve the home
occupation permit as presented.
2. To deny approval of the proposed 2.0. amendment
which would make it impossible to award a home
occupation permit to the Theilmans.
3. To table consideration of the 2.0. amendment and
consider amending the zoning ordinance to have two
different classes of home occupation uses.
1
Planning Commission Minutes - 7/7/92
Mr. O'Neill explained that Mr. Dave Thielman is the applicant
and that he currently resides with his wife at 1506 West River
Street and that they have a part-time employee for
approximately six months out of the year. There is very
little activity during the summer months; it's mostly after
school starts, but predominantly April and May, which are the
busiest times for them.
Chairman, Dan McConnon, then read three letters received from
the public. They are as follows:
1. William and Marilyn Seefeldt, 167 Jerry Liefert
Drive, Monticello, MN 55362.
2. Colony by the Greens Townhome Association, PO Box
132, Monticello, MN 55362.
3. Daniel and Jean Frie, 210 Jerry Liefert Drive;
Richard and Marilyn Frio, 206 Jerry Liefert Drive;
Margaret Dziuk and Patricia Ray, 203 Jerry Liefert
Drive; all Monticello, MN 55362.
Chairman, Dan McConnon, then opened the public hearing portion
of the meeting. Several concerns were addressed from members
of the public that were present and they are as follows:
1. Were the building plans showing an office on them
when they were presented for a building permit?
2. No businesses should be allowed in a residential
area. It is a small, one-person staffed business
right now. In the future, if it expanded, there
would be no controls on it.
3. The principal use of the property should be
residential, not business.
4. It would affect the property values of the
neighboring properties which surround the property
with a business type use. No problem with the
proposed business use with one employee, but where
does It stop if additional employees are added?
Where is the enforcement of it from thereon?
5. The lot sold with those concerns as addressed by
the townhouse association members in mind.
6. Why is there need for any additional parking area
for one car for a daughter?
7. Concern for what will happen in the future with the
same ordinance and new planning commission members.
Could the permit be granted for two years?
S. If the building plans showed rooms with offices,
what could atop him from having more employees?
Planning Commission Minutes - 7/7/92
9. This use would have less density than the numerous
curbcuts that are provided for the townhouse
association townhomes.
10. The townhouse association generates far more taxes
than the taxes for the proposed use of the
Thielman's property.
11. What stops any additional employees at all? What's
the enforcement there? The ordinance amendment
could satisfy both the concerns of the single
family residents and the townhouse residents. The
Thielman's run a good business and will maintain
their property.
Chairman, Dan McConnon, then closed the public hearing portion
and opened it for any further input from the Planning
Commission members. McConnon stated that Planning Commission
members have dealt with several home occupations in the past
and have granted those home occupation uses with the
limitation to one's own family members. There is a change in
the residential character of the neighborhood with a business
use in one's home. One thing to consider is the transparency
of the residential area in which this business use is
operating.
There being no further input from the Planning Commission, a
motion was made by Richard Carlson and seconded by Richard
Martie to deny the proposed zoning ordinance amendment because
of the concern that allowing employees to work in homes in
residential areas could result in a negative impact on the
residential character of neighborhoods; therefore the
amendment should be denied because it is not consistent with
the character and geography of the residential area, is not
consistent with the comprehensive plan, the need for the
zoning ordinance amendment has not been sufficiently
demonstrated, and the proposed ordinance amendment could
result in the depreciation of adjoining land values. Motion
carried. Voting In favors Richard Martie, Richard Carlson,
and Jon Bogart. Opposed: Cindy I and Dan McConnon.
4. Public hearinq--Preliminary plat request to subdivide an
unplatted tract of land into an industrial subdivision plat.
Applicant. Brad and Mary Barger.
Mr. Jeff O'Neill, Assistant Administrator, explained to
Planning Commission members and members of the public that the
Barger's industrial subdivision plat is not ready and there is
a request further down in the agenda to set a special meeting
to consider their preliminary plat. The short timetable to
complete the subdivision was not able to be accomplished by
Planning Commission Minutes - 7/7/92
the Barger's registered land surveyor, Dennis Taylor of Taylor
Land Surveyors.
A motion was made by Richard Martie and seconded by Richard
Carlson to table the preliminary plat request to subdivide an
unplatted tract of land into an industrial subdivision plat.
The motion carried unanimously.
5. Continuation of public hearinq--Consideration of a request to
amend a condition of the previously -approved conditional use
Dermit. Applicant, Hillside Partnership/6th Street Annex.
6. Continuation of public hearinq--Consideration of a variance
request to allow less than the minimum number of off-street
parkinq spaces. Applicant, Hillside Partnership/6th Street
Annex.
Kr. Jeff O'Neill, Assistant Administrator, explained to
Planning Commission members and members of the public that Mr.
Steve Grittman, Northwest Associated Consultants, recommended
that a restaurant be allowed; however, the square footage and
associated parking demand should not be allowed to exceed the
parking capacity on site. In this case, if 10 more parking
spaces were constructed (along the southern boundary of
existing parking area), in addition to the 13 surplus spaces
on site, there would be sufficient parking for a 1900 sq ft
restaurant.
Chairman, Dan McConnon, then opened the public hearing for
Input from the public. With there being no input from the
public, Chairman, Dan McConnon, then opened it up for comments
from the Planning Commission members. Comments from the
Planning Commission were that they did not want to add more
burden to the developers of this project but they would look
at amending a condition of their conditional use permit to
allow a restaurant to be incorporated as a business use in
this building complex with some conditions.
A motion was made by Richard Carlson and seconded by Cindy
Lemm to approve the request to amend a condition of the
previously -approved conditional use permit with the following
condition: Ten additional parking spaces be provided with
sufficient screening around it. This would allow up to a 1900
square foot restaurant space without a variance. Motion
carried unanimously.
A motion was made by Richard Martie and seconded by Jon Bogart
to deny the variance request to allow less than the minimum
amount of off-street parking spaces. Motion carried
Planning Commission Minutes - 7/7/92
unanimously. Planning Commission members did, however, want
to leave the option open; if a larger restaurant were to come
into there, they would consider amending the conditional use
permit again to accomodate a larger restaurant if additional
parking could be created on site without impacting required
landscape screening.
7. Continuation of public hearing --Preliminary Dlat request
entitled Silver Fox (a commercial subdivision to subdivide an
existing 6.69 acre tract of unDlatted land). ADDlicant. Ed
and Arivs Larson.
Mr. Jeff O'Neill, Assistant Administrator, explained to
Planning Commission members and members of the public that
city staff is waiting for the consulting engineer, Bret Weiss,
to complete his review of the preliminary plat. Consensus of
the Planning Commission was to continue the public hearing to
the next regularly scheduled meeting in August.
Additional information items.
1. A variance request to allow a detached garage to be built
within the rear and side yard setback requirements.
Applicant, Dennis Doran. Council action: No action required,
as the request did not come before them.
Z. Consideration of amending the official zoning map of the City
of Monticello by rezoning all of the Thomas Park subdivision
and that part of the SW 1/4 of the BE 1/4 lying southerly of
I-94 from B-2 (limited business) to I-1 (light industrial).
Applicant, City of Monticello Planning Commission. Council
action: Approved as per Planning Commission recommendation.
3. Conditional use request to allow open and outdoor storage and
open and outdoor sales as an accessory use in an I-1 (light
industrial) zone. Applicant, Monticello Boat Works. Council
action: Approved as per Planning Commission recommendation
with one exception - all of the tree requirements must be met.
4. A variance request to allow an open and outdoor sales area to
be more than the maximum 30 percent of the groes floor area of
the principal use. Applicant, Monticello Boat Works. Council
action: Approved as per Planning Commission recommendation.
5. An ordinance amendment to Chapter 10-8 of the Monticello
Zoning Ordinance by including "governmental and public utility
buildings" to be allowed as a conditional use in a PEN
(performance zone mixed) zone. Applicant, City of Monticello
Planning Commission Minutes - 7/7/92
Planning Commission. Council action: Approved as per
Planning Commission recommendation.
6. Consideration of granting a conditional use permit allowing
operation of a public utility facility in a PZM (performance
zone mixed) zone. Applicant, City of Monticello Planning
Commission. Council action: Approved as per Planning
Commission recommendation.
7. An ordinance amendment to Chapter 10-6 of the Monticello
Zoning Ordinance, which identifies permitted uses in the PZM
(performance zone mixed) zone, amending Section C, by deleting
"those uses that exist prior to the adoption of this chapter".
Applicant, City of Monticello Planning Commission. Council
action: Approved as per Planning Commission recommendation.
S. A preliminary plat request entitled Silver Pox (a commercial
subdivision to subdivide an existing 6.69 acre tract of
unplatted land). Applicant, Ed and Arlys Larson. Council
action: No action required, as the request did not come
before them.
9. A conditional use request to Section 20-2-C of the Monticello
Zoning Ordinance, which requires that a Planned Unit
Development include an area of at least three acres.
Applicant, Investors Together. Council actions Approved as
per Planning Commission recommendation.
10. A replatting request to subdivide Outlet A of the Eastview
residential subdivision. Applicant, Investors Together.
Council action: Approved as per Planning Commission
recommendation.
11. A conditional use request allowing a townhouse development in
an R-2 zone. Applicant, Investors Together. Council action:
Approved as per Planning Commission recommendation.
12. Consideration of a variance request to the curbing and hard
surfacing requirements. Applicant, City of Monticello.
Council actions Approved as per Planning Commission
recommendation.
13. Consideration of a request to amend a condition of the
previously -approved conditional use permit. Applicant,
Hillside Partnership/6th Street Annex. Council action: No
action required, as the request did not come before them.
14. Consideration of a variance request to allow less than the
minimum off-street parking spaces. Applicant, Hillside
Planning Commission Minutes - 7/7/92
\ Partnership/6th Street Annex. Council action: No action
required, as the request did not come before them.
15. Consideration of a zoning ordinance amendment which would
allow certain commercial buildings located in the PZM
(performance zone mixed) zone to qualify to follow sign
requirements pertaining to buildings in commercial zones.
Applicant, Hillside Partnership. Council action: Approved as
per Planning Commission recommendation.
16. Consideration of a conditional use request to allow a sign
system for a building with three or more business uses but
which, by generally understood and accepted definitions, is
not considered a shopping center or a shopping mall.
Applicant, Hillside Partnership. Council action: Approved as
per Planning Commission recommendation.
17. Consideration of a variance request to allow a wall sign more
than 100 square feet maximum. Consideration of a variance
request to allow a pylon sign more than 25 square feet maximum
and to allow more than 16 foot pylon sign height. Applicant,
Hillside Partnership. Council action: Denied as per Planning
Commission recommendation.
18. Consideration of setting a Special Planning Commission meeting
date for July 27, 1992, at 6:00 p.m. Consensus of the
Planning Commission was to set this as a special meeting date.
19. Set the next regular Planning Commission meeting date for
August 4, 1992, at 7:00 p.m. Consenses of the Planning
Commission was to set this as the next regular meeting.
20. Adjournment. A motion was made by Richard Martie and seconded
by Richard Carlson to adjourn the meeting. Meeting was
adjourned at 8:43 p.m.
Respectfully submitted,
Gary Anderson
Zoning Administrator