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Planning Commission Agenda Packet 06-03-1997i AGENDA REGULAR MEETING . MONTICELLO PLANNING COMMISSION Tuesday, June S, 1887 - 7 p.m. Members: Dick Frie, Rod Dragsten, Richard Carlson, Dick Martie, Jon Bogart 1. Call to order. 2. Approval of minutes of the regular meeting held May 6, 1997. 3. Consideration of adding items to the agenda. 4. Citizens comments. 6. Continuation of public hearing for consideration of a variance to the minimum lot width at water boundary and minimum lot area; and consideration of a simple subdivision request. Applicant is requesting continuance of the public hearing pending collection of required survey data. Applicant, Rick Wolfsteller. 6. Updates: A. National Guard Training Center 7. Adjournment. MINUTES REGULAR MEETING - MONTICELLO PLANNING COMMISSION Tuesday, May 8, 1897 - 7 p.m. Members Present: Dick Frie, Jon Bogart, Dick Martie, Richard Carlson, Rod Dragsten Council Liaison: Clint Herbst Staff Present: Jeff ONeill, Fred Patch, Steve Grittman, Wanda Kraemer 1. Call to order. The meeting was called to order by Chairman Frie and the presence of Mayor Fair noted. .1 T M R. M. r. M . i V7.3• a r TTt. = 1 • 1 m r.• . •A RICHARD CARLSON MADE A MOTION, SECONDED BY JON BOGART, TO APPROVE THE MINUTES OF THE APRIL 1, 1997 MEETING. Motion passed unanimously. 3. Cnnaideratinn ofgelehno iterng to the neentin There were no items added to the agenda. 4, riti7.pnA comments. There were no citizens comments. ,' 1 I , 1 • t 11 1 Steve Grittman, City Planner, reported Ms. Jill Stark has requested a special home occupation permit to operate a preschool at her residence located at 2910 Oak Ridge Drive. Because the home occupation involves the teaching of more than one pupil at a time, it qualifies as a "special home occupation' According to the Zoning Ordinance, special home occupation applications must be processed in accordance with tho City's conditional use permit Pago 1 Planning Commission Agenda - 5/6/97 provisions. The subject site is zoned R-1, Single Family Residential. Jeff ONeill, Assistant Administrator, added according to the zoning ordinance teaching preschool is an allowable use but the manner of operating needs to be defined and conditions are required. The proposed activity must be in character with the neighborhood. There can be no signage or other person employed besides the owner. ONeill then used the overhead to demonstrate the traffic pattern that would be used when dropping off and picking up children. The traffic would use Meadow Oak Court cul-de-sac for drop-ofr/pick-ups for the preschool children. A typical single family residence averages ten vehicle trip ends per day. In this regard, the proposed use can be thought of as a generating traffic equivalent to four additional dwellings on the Meadow Oak Court cul-de-sac considering that only six residence currently exist along the cul-de-sac, the addition of 40 vehicles trips per day is considered well within the capabilities of the street. Mark Vogler, resident, inquired how many households could have preschool? Fred Patch, Chief Building Official, answered all residents have a right to operating a day care. A preschool is allowed but a special home occupation permit and state license requirements are required. Chairman Frie opened the public hearing. Jill Stark, applicant, stated she has a degree in elementary education and is also a licensed day care provider. Stark decided to open the preschool because of the need in the community for smaller classroom size preschools. Stark listed the following issues as items that she considered before applying: Stark scheduled preschool classes around school starting/dismissal times to assure preschool traffic would not interfere with children waiting for the school bus; coordinated with the school calendar to have preschool the same exact days of public school; there will not be preschool in the summer; install a sidewalk from the back of her house to Meadow Oak Court cul-de-sac for safety when drop-ofVpick-ups occur. She would meet each car so the driver would not have to turn off the car and go into the house with the children and the same would be true for picking up the children. Stark also stated she called the city and was informed by the building inspector that a preschool was an allowable use. She was later called by O'Neill and informed while this is an allowable use in an R-1 zone a special Page 2 Planning Commission Agenda - 5/6/97 home occupation permit is needed Greg Roden inquired if the other children would be alone in the house while Stark met the other children and walked them in the house? Stark replied it was only 20 to 30 feet from the car to the house and she did not feel this would create a safety problem. Dan Lahr inquired where parking would be if anyone volunteered or stayed for the preschool class? Stark replied if there was a volunteer for the day the cars would be parked in Stark's driveway but one car is allowed to be parked on the street. Mike Dortler inquired if there were limitations to the number of children in a class in a residential area and the difference between day care and preschool? Patch replied there can only be a maximum of 10 children at one time the same conditions as licensed day care. Grittman replied from a zoning standpoint there is not a difference between daycare and preschool. Joy Naeder, stated she taught preschool in the Monticello area and felt it was extremely important for children. Many of the neighbors were very concerned about the traffic levels. Liz Leechsell, parent of preschool child, stated she looked a very long time to find a preschool with smaller class size for her child and had chosen Stark. In her opinion preschools are needed and hard to find in Monticello. Stacy Woods, neighbor, stated she does day care and was also concerned about the added traffic in the neighborhood. Chairman Frio closed the public hearing. The Commissioners discussed the amount of off street parking and O'Neill explained that the four spaces, two in the garage and two in the driveway, would be adequate. There was also considerable discussion on the amount of Page 3 Planning Commission Agenda - 5/6/97 traffic. The residents calculated the traffic counts at 80 per day and the staff' calculated the count at 40. It was agreed by the Planning Commissioners that the 10 children maximum is the same as day care and the traffic does not appear extreme for this neighborhood. The Commissioners inquired if Stark's request was approved for a year would the City be locked in for a year. Grittman answered the city would be locked in unless the conditions set were not complied with. RICHARD CARLSON MADE A MOTION TO APPROVE, SECONDED BY DICK MARTIE, THE SPECIAL OCCUPATION PERMIT FOR ONE YEAR UNDER THE FOLLOWING CONDITIONS: 1. THE APPLICANT SHOULD RE -APPLY FOR A PERMIT AFTER THE INITIAL ONE YEAR PERIOD. RENEWAL OF THE PERMIT SHALL BE PROCESSED WITH THE PROCEDURE REQUIREMENTS OF THE INITIAL SPECIAL HOME OCCUPATION PERMIT. 2. CONSIDERATION IS GIVEN TO EXPANDING THE TIME SEPARATION BETWEEN MORNING AND AFTERNOON PRESCHOOL SESSIONS TO ELIMINATE OR MAXIMIZE PICK- UP/DROP OFF VEHICLE OVERLAP. 3. THE HOME OCCUPATION SHALL NOT PRODUCE LIGHT, GLARE, NOISE, ODOR OR VIBRATION THAT WILL IN ANY WAY HAVE AN OBJECTIONABLE EFFECT UPON ADJACENT OR NEARBY PROPERTY. 4. NO EQUIPMENT SHALL BE USED IN THE HOME OCCUPATION WHICH WILL CREATE ELECTRICAL INTERFERENCE TO SURROUNDING PROPERTIES. 5. NO INTERNAL OR EXTERNAL STRUCTURE ALTERATIONS SHALL TAKE PLACE WHICH ARE NOT CUSTOMARY TO RESIDENTIAL DWELLING. 6. NO EXTERIOR STORAGE OF BUSINESS RELATED MATERIALS TAKE PLACE ON THE SITE. Page 4 Planning Commission Agenda - 5/6197 7. NO PERSON OTHER THAN THE RESIDENT SHALL CONDUCT THE HOME OCCUPATION. 8. THE SPECIAL HOME OCCUPATION MUST COMPLY WITH ALL APPLICABLE FIRE AND BUILDING CODES. THIS ISSUE SHOULD BE SUBJECT TO FURTHER COMMENT BY THE CITY BUILDING INSPECTOR. 9. THERE SHALL BE NO EXTERIOR DISPLAY OR EXTERIOR SIGNS OR INTERIOR DISPLAY OR INTERIOR SIGNS WHICH ARE VISIBLE FROM OUTSIDE THE DWELLING WITH THE EXCEPTION OF THE RESIDENT IDENTIFICATION SIGN. 10. HOME OCCUPATION ACTIVITIES OCCUR BETWEEN THE HOUSE OF 7:00 A.M. AND 10 P.M. 11. THE CITY RESERVES THE RIGHT TO INSPECT THE PREMISES (WITHIN REASONABLE HOURS WITHOUT NOTICE) TO INSURE COMPLIANCE WITH THE CONDITIONS OF SPECIAL HOME OCCUPATIONS LICENSE ISSUANCE. 12. ALL APPLICABLE LICENSING REQUIREMENTS OF THE MINNESOTA DEPARTMENT OF HEALTH ARE TO BE SATISFACTORILY MET. 13. THERE MUST BE A PARKING SPACE AVAILABLE IN DRIVEWAY AT ALL TIMES FOR VOLUNTEER OR PRESCHOOL VISITORS. Motion passed unanimously. Puhlic Hr rin8» .o aid ration of a con i io nl uAp. permit nllo_win^a townhouRp planed tinit d v lnpment in an R-2 zone_ Ap 1p ill, Brendael Prnpertieaa Inc. Steve Grittman, City Planner, reported Brendsel Properties Inc. is requesting approval of a preliminary plat for a three unit townhome development on a 1.18 acre parcel currently designated as Lot 5, Block 4 of Par West addition located at 202 Jerry Liefert Drive. The subject parcel is zoned R-2, Single and Two Family Residential District. Townhome dwellings are allowed by Conditional Use Permit Planned Unit Development within the R-2 District due to the unit/base lot configuration of the plat. As such, approval of the Page 5 Planning Commission Agenda - 5/6/97 preliminary plat will also require CUP and PUD approval. Grittman recommended requiring the buffering area to be increased between the single family home and the townhome development. Mr. Brendsel, applicant, stated he was trying to keep the view of the golf course for the single family home but it would not be an issue to increase the buffer area. Chairman Frie opened the public hearing. Mr. Brendsel stated he had been working with the realtor and decided the best use was for a three unit townhome, slab on grade, two car garage, front porch entry to the golf course. Brendsel added that there will be a private agreement in writing with the golf course to have a cart path access. Both property owners will give up easement rights. Marilyn Frie, property owner on west side, stated she objected to the staggering of the townhomes. In her opinion, it detracted from the aesthetic of the neighborhood. The townhomes to the east were all set back the same distance and Brendsels should be consistent with what has been built in the neighborhood. Brendsel answered her that the reason is so each unit has a view of the golf course and the setbacks he was proposing are allowable. Grittman agreed that there is a minimum setback required but not a maximum so the townhomes were within the zoning code. Chairman Frie closed the public hearing. Chairman Frio stated he would step down from the Chair position because his property was involved if Brendsel preferred. Brendsel said that would not be necessary. The Commissioner discussed the staggered setbacks in more detail but agreed Mr. Brendsel was within the zoning code. Frie stated there were many stumps, concrete, and debris buried on that lot at the time the other townhomes were constructed. Would all the debris need to be removed? Page 6 Planning Commission Agenda - 5/6/97 Brendsel replied that everything that was buried in the past will have to he removed and clean fill will be added. Jeff O'Neill, Assistant Administrator, stated there would be a covenants that would be required to be filed with the final plat. This would address maintenance and snow removal. DICK MARTIE MADE A MOTION TO APPROVE, SECONDED BY ROD DRAGSTEN, THE REQUEST FOR A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT SUBJECT TO THE FOLLOWING CONDITIONS: 1. SUBMISSION OF A DETAILED LANDSCAPE PLAN THAT INCLUDES SUBSTANTIAL ADDITIONAL PLANTINGS ALONG THE WEST PROPERTY LINE, PRIOR TO FINAL PUD PLAN APPROVAL AND AGREEMENT WITH THE WEST PROPERTY OWNER. 2. APPROVAL OF STREET ACCESSES BY THE CITY ENGINEER PRIOR TO FINAL PUD PLAN APPROVAL. 3. SUBMISSION OF PROPOSED BUILDING ELEVATIONS FOR REVIEW, PRIOR TO FINAL PUD PLAN APPROVAL. 4. APPROVAL OF GRADING, DRAINAGE, AND UTILITY ISSUES BY THE CITY ENGINEER AND PUBLIC WORKS. 5. LANDSCAPING IN DRIVEWAY AREA BE SUBMITTED - NOT FILLED IN WITH GRAVEL. Motion passed unanimously. Chairman Frie requested a copy of the easement agreement showing access to the golf cart be on file at city hall. DICK MARTIE MADE A MOTION TO APPROVE, SECONDED BY ROD DRAGSTEN, THE REQUEST FOR A PRELIMINARY PLAT FOR PAR WEST TOWNHOMES AS PRESENTED, SUBJECT TO THE APPROVAL OF THE PUD, AND COMMENTS FOR THE CITY ENGINEER AND PUBLIC WORKS. Motion passed unanimously Page 7 Planning Commission Agenda - 5/6/97 Steve Grittman, City Planner, reported Mr. John Leerssen is requesting approval of a rezoning to R•1 of his ten acre parcel at the southwest corner of the Cardinal Hills development, and a preliminary plat approval for a 20 lot subdivision. The parcel is along the east side of Fallon Avenue, across from the park area to be dedicated as a part of the Klein Farms 3rd Addition. The Cardinal Hills residential area borders the proposed plat on the east and north. Agricultural land in Monticello Township borders the plat to the south. The proposed design of Fallon Court raises several issues. At such times that the street is extended to the south, the proposed design will leave the dwellings on Lots 13 and 14 set back further and perhaps built at odd angles in comparison with other structures on that side of the street when the cul-de-sac is eliminated. Assuming the street will be extended south, the cul-de-sac should be modified to be located entirely within the right-of-way, or perhaps a hammer head design that would allow turnarounds. Jeff O'Neill, Assistant Administrator, added the feasibility study for this project extends sanitary sewer from the second phase of the lGein Farms 3rd Addition. It is not certain at this time, because of the raise in the sanitary sewer hookup fees, if Tony Emmerich, developer for Klein Farms 3rd Addition, will continue Klein Farms at the rate that was anticipated. This could affect Leemsen's project. Leerssen stated he understood his project to be connecting to the Value Plus project so this should not have an affect on him. Chairman Frie opened the public hearing. Gary D'Heely, applicant's engineer, read comment on a letter sent to Leerssen from Bret Weiss, City Engineer. O'Neill stated that the Planning Commission does not advise on the engineering issues, primarily just the planning and zoning requests. The Commissioners did discuss the question if the cul-de-sac should be Page 8 Planning Commission Agenda - 5/6/97 located entirely within the right-of-way or perhaps a hammer head design that would allow turn around. The design will partly depend on if the Fallon Court will ever be a through street. ROD DRAGSTEN MADE A MOTION TO APPROVE, SECONDED BY JON BOGART, THE REZONING FROM AA, AGRICULTURAL TO R-1, SINGLE FAMILY RESIDENTIAL, BASED ON THE FINDING THAT R-1 ZONING IS CONSISTENT WITH THE COMPREHENSIVE PLAN. Motion passed unanimously. ROD DRAGSTEN MADE A MOTION TO APPROVE, SECONDED BY DICK MARTIE, TO APPROVE THE PRELIMINARY PLAT FOR CARDINAL POND, SUBJECT TO THE FOLLOWING: 1. FALLON COURT IS REDESIGNED WITH A WIDTH OF 30 FEET, CURB TO CURB. 2. THE PROPOSED CUL-DE-SAC STREET IS REDESIGNED IN ONE OF THE FOLLOWING MANNERS: A. FALLON COURT IS TO BE EXTEND IN THE FUTURE, THE CUL-DE-SAC SHALL BE REDESIGNED AND LOCATED ENTIRELY WITHIN THE PUBLIC RIGHT-OF-WAY ADJACENT TO THE PLATS SOUTHERN BOUNDARY OR A TEMPORARY CUL-DE-SAC (HAMMER HEAD) WITHIN THE RIGHT OF WAY AWAY AND AT LEAST 10 FEET FROM THE SOUTHERN PROPERTY LINE. 3. THE MAINTENANCE OF THE PROPOSED PONDING AREAS AND WETLAND BE ADDRESSED IN ONE OF THE FOLLOWING MANNERS: A. THE PLAT BE REVISED TO LOCATE THE PONDING AREAS AND WETLANDS WITHIN THE AREA OF ADJACENT LOTS; OR B. THE PONDING AREA AND WETLANDS BE PLATTED AS AN OUTLOT. THE APPLICANT WILL BE REQUIRED TO PROVIDE FOR A HOMEOWNERS ASSOCIATION SUBJECT TO THE PROVISIONS OF THE ZONING ORDINANCE TO ENSURE MAINTENANCE OF THE OUTLOT. Page 9 Planning Commission Agenda - 5/6/97 4. THE PROPOSED PEDESTRIAN TRAIL BE RELOCATE THE EXISTING POWER LINE EASEMENT. 5. THE PLAT BE REVISED TO PROVIDE THE PEDESTRIAN TRAIL ALONG THE EAST SITE OF THE FALLON AVE RIGHT-OF-WAY. 6. VERIFY APPROPRIATE WETLAND MITIGATION. 7. THE CITY ENGINEER AND PUBLIC WORKS REVIEW AND APPROVE ALL GRADING, DRAINAGE, AND UTILITY PLANS. 8. THE APPLICANT MAKE APPROPRIATE CASH CONTRIBUTIONS FOR PARK DEDICATION AT FINAL PLAT APPROVAL. 9. THE LOCAL GOVERNING UNIT WILL VERIFY THE WETLAND DELINEATION AND THE MITIGATION PLAN PROPOSED BY THE APPLICANT. 10. THE SUBDIVISION APPROVAL IS SUBJECT TO THE APPROVAL OF THE CITY ENGINEER AND PUBLIC WORKS DIRECTOR. Motion passed unanimously. 9. Pithlir H ring..Gonaideration of n conditional uFe renuost alloyAm ennatruction of a hjp school in an R-1 zone. Applicant Monticello School_ Jeff O Neill, Assistant Administrator, reported the Monticello School District was requesting approval of a conditional use permit which would allow construction of a senior high school in an R-1 zone. The 40 -acre site is located between the Middle School and Little Mountain Elementary School. O'Neill added the site generally meets all the requirements except the landscape plan for the balance of the site has not been submitted. Staff has some concern that the school district believes that the extra trees in the high school buffer yard should be subtracted from the balance of the landscaping requirements fro the remainder of the site. O'Neill suggested the Planning Commission look at the amount of blacktop and the potential for enforcing the parking island delineator requirements by requiring additional island delineators at midpoint between the middle Page 10 Planning Commission Agenda - 5/6/97 island and the delineators. Chairman Frie opened the public hearing. Paul Youngquist, architect for the high school, explained it is easier to plow snow without as many parking lot delineators. He added the parking lot will also have light poles that are not shown on the site plan yet The plan calls for a pedestrian walkway also that will break up the parking lot area and provide a safe place to walk. He mentioned that he had no problem with amending the site plan as outlined by City Staff. JON BOGART MADE A MOTION TO APPROVE, SECONDED BY RICHARD CARLSON THE CONDITIONAL USE PERMIT ALLOWING CONSTRUCTION OF A HGH SCHOOL FACILITY BASED ON THE FINDING THAT DEVELOPMENT OF THE SCHOOL FACILITY AT THIS LOCATION IS CONSISTENT WITH THE COMPREHENSIVE PLAN OF THE CITY CONTINGENT ON THE FOLLOWING CONDITIONS: 1. SUBMITTAL OF A COMPLETE LANDSCAPING AND LIGHTING PLAN MEETING THE MINIMUM LANDSCAPING REQUIREMENTS IN ADDITION TO MEETING THE MINIMUM REQUIREMENTS OF THE BUFFER YARD ORDINANCE. 2. COMPLETE REVISIONS TO THE SITE PLAN BY DEVELOPING PARKING ISLAND DELINEATORS AS REQUIRED BY ORDINANCE. ISLAND DELINEATORS WILL IMPROVE PARKING STALL DELINEATION AND ADEQUATELY BREAK UP THE MONOTONY OF THE PARKING LOTS. THIS APPLIES TO BOTH FRONT AND REAR PARKING AREAS. 3. ALLOW REMOVAL OF CURB ON BOUNDARY OF FUTURE PARKING EXPANSION AREAS. 4. SUBJECT TO THE APPROVAL OF THE CITY ENGINEER. 10. Puhlic Hearing- .o aid ration of a ennditional wto permit allowinn w townhouse d v lonment in a R.3 rone. Ap;i an _. ChriFt B +law. Steve Grittman, City Planner, reported that Mr. Chris Bulow has requested preliminary plat approval of six unit (3) twinhome entitled Hillside Page 11 Planning Commission Agenda - 5/6/97 Townhomes. The proposed development is to overlay a 1.07 acre tract of land located north of 7th Street and west of Wright Street. The subdivision will constitute a replat of Lots 1, 2, and 3, of Holkers Hillside Addition and require the vacation of drainage and utility easements which correspond to the existing lot layout. The subject site is zoned R-3, Medium Density Residential, because a unit lot/base lot subdivision has been proposed, the processing of Planned Unit Development Conditional Use Permit is necessary. Grittman added Wright Street should be used as the front of all three buildings for setback distances. The buildings will need to be shifted to meet the requirements. Chris Bulow, applicant, and Dennis Taylor, surveyor, stated they would adjust the plan to meet the requirements. DICK MARTIE MADE A MOTION TO APPROVE, SECONDED BY JON BOGART, A REQUEST FOR A PLANNED UNIT DEVELOPMENT CONDITIONAL USE PERMIT SUBJECT TO THE FOLLOWING CONDITIONS: 1. IF THE SOUTHERN MOST TWINHOME IS SHIFTED SO AS TO COMPLY WITH THE APPLICABLE 30 FOOT REAR YARD SETBACK CANNOT BE REASONABLY ACHIEVED, CONSIDERATION SHOULD BE GIVEN TO PROVIDING TWO THREE-PLEXS RATHER THAN THREE TWINHOMES ON THE PROPERTY. 2. BUILDING ELEVATIONS ARE SUBMITTED TO DEMONSTRATE COMPLIANCE WITH APPLICABLE HEIGHT REQUIREMENTS AND ENSURE THAT PROPER STRUCTURE SEPARATION EXISTS. 3. A LANDSCAPE PLAN IS SUBMITTED WHICH IDENTIFIES THE LOCATION, SIZE AND VARIETY OF SITE PLANTING. 4. THE CITY APPROVE THE VACATION OF EXISTING SIDE LOT LINE DRAINAGE AND UTILITY EASEMENTS. 5. THE CITY REVIEW THE PROPOSED DEVELOPMENT IN REGARD TO APPROPRIATE PARK DEDICATION REQUIREMENTS. 6. APPROVAL OF GRADING AND DRAINAGE ISSUES BY THE CITY ENGINEER AND PUBLIC WORKS. Page 12 Planning Commission Agenda - 5/6/97 THE APPLICANT IS TO WORK WITH STAFF ON SETBACKS. Motion passed unanimously. JON BOGART MADE A MOTION TO APPROVE, SECONDED BY ROD DRAGSTEN, THE REQUEST FOR A PRELIMINARY PLAT FOR HILLSIDE TOWNHOMES WITH THE FOLLOWING CONDITIONS: APPROVAL OF THE PRELIMINARY PLAT FOR HILLSIDE TOWNHOMES AS PRESENTED SUBJECT TO APPROVAL OF THE PUD, COMMENTS OF THE CITY ENGINEER AND PUBLIC WORKS DEPARTMENT, AND CONSENT OF STAFF ON SETBACK REQUIREMENTS. Motion passed unanimously. Jeff O'Neill, Assistant Administrator, reported Rick Wolfsteller, applicant, had requested two variances that would allow a lot line to be moved, thus resulting in the potential for construction of a single family home at a location between his existing house and Otter Creek. Wolfsteller a existing lots have sufficient land area to meet many of the requirements for resubdivison. but because of the awkward shape, variances are need to successfully recombine the lots in a fashion that would allow a new home to be developed. The Otter Creek shoreland area is governed by the Wild and Scenic Rivers Act and associated rules within the City's Zoning ordinance. These rules, when applied to Wolfsteller situation require the following variances in order for a simple subdivision to occur. O'Neill explained according to his interpretation of the ordinance any lot created on the shoreland must have a minimum boundary width of 80 ft. The proposed subdivision will require creation of a lot with a boundary width of approximately 58 It. However, it could be argued that the subdivision will not in reality result in an increase in the level of non -conformity because the now lot line will not change the current level of non -conformity. Furthermore, it could be argued that this rule was not intended to apply in a situation where boundary is along a side lot line where sufficient frontage Pago 13 Planning Commission Agenda - 5/6/97 exists along the front and back lot lines O'Neill went on to add according to the rules, lots created that border the shoreland must maintain a minimum lot area of 15,000 sq. ft. The subdivision design as proposed will result in a 12,058 sq. ft. lot along the river. The other lot will be 16,571 sq. ft. The combined land area of the two lots together (28,629 sq. ft.) meets the combined minimum lot area requirement for two buildable lots. Wolfsteller could avoid the variance by simply moving the lot line inland, however doing so will make the subdivision boundary line even more awkward, resulting in misshapen lots. Chairman Frie opened the public hearing. The neighbors of Wolfsteller were concerned about the fact that a survey was not detailed enough and a hardship was not being shown that could warrant a variance. O'Neill explained that Wolfsteller could split the lots to meet the square footage code but the lots would be very misshapen. Chairman Frie closed the public hearing. The Commissioners discussed the requests of the neighboring property owners and agreed that a detailed survey would help many of the unanswered questions. DICK FRIE MADE A MOTION TO TABLE, SECONDED BY DICK MARTIE, THE REQUEST UNTIL THE APPLICANT SUBMITTED A CERTIFIED SURVEY SHOWING THE HIGH WATER MARK, FLOOD PLAIN, AND PLAT PLAN. The motion passed unanimously. rMUMIM , 41 1• 111 1 1 I, 1 1 I J 1` 1 1 1 1 : •f t1 1 1 • Y M 1 M MINIM • 1' V 1 � t 111 411 ,' X11 m1 1 M RVIRM.-Ira-MM,11 1 14 1 1 •144 I Page 14 Planning Commission Agenda - 5/6/97 Steve Grittman, City Planner, reported that Resurrection Lutheran Church has applied for a rezoning of their parcel at County Highway 118 and Fenning Avenue (east of the middle school) from A-0, Agriculture to PS, Public and Semi -Public District. The P -S District is intended for land uses which are institutional in nature, and which have patterns of use which are different from the other large land uses. Church facilities are Conditional Uses in the P -S District, and as such, the Church has requested approval of a CUP as well. All action taken by the City on this application is conditioned upon final annexation of the parcel into the City limits. Chairman Frie opened the public hearing. There were no comments. Chairman Frie closed the public hearing. After a short discussion, DICK MARTIE MADE A MOTION TO APPROVE, SECONDED BY JON BOGART, THE REZONING OF THE SUBJECT PROPERTY TO P -S, PUBLIC & SEMI-PUBLIC DISTRICT BASED ON THE FINDING THAT ESTABLISHMENT OF A PS DISTRICT AT THIS LOCATION IS CONSISTENT WITH THE COMPREHENSIVE PLAN. Motion passed unanimously. RICHARD CARLSON MADE A MOTION TO APPROVE, SECONDED BY ROD DRAGSTEN, A CONDITIONAL USE PERMIT FOR A RELIGIOUS INSTITUTION IN A PS DISTRICT. Motion passed unanimously. Fred Patch, Building Official, reported this item had been before the Planning Commission on December 3, 1996, January 7, 1997, and again on April 1, 1997. Staff has revised the ordinance since the last draft that was presented. At the April 1, 1997, meeting now information was provided by Cellular Realty Advisors, Inc., and by Larkin, Hoffman, Daly & Lindgren, Ltd. The attached ordinance has addressed the concerns communicated to the City from the industry representatives. Patch added that antennas and antenna support structures are allowed as Page 15 15. Planning Commission Agenda - 5/6/97 permitted uses where by design and placement they will most likely not be unsightly or incompatible with adjoining land uses. Other antennas and antenna support structures, including those used for personal wireless communications services and radio and television broadcast transmission, are allowed by conditional use permit. Chairman Frie opened the public hearing. Michelle Johnson, Cellular Realty Advisors, Inc., stated her company which was working with Larkin, Hoffman, Daly & Lindgren, LTD approved the ordinance. ROD DRAGSTEN MADE A MOTION TO RECOMMEND APPROVAL, SECONDED BY DICK MARTIE, TO THE CITY COUNCIL THAT THE ORDINANCE ESTABLISHING ANTENNA AND ANTENNA STRUCTURE REGULATIONS BE ADOPTED AS PROPOSED THE MOTION IS BASED ON THE FINDING THAT THE PROPOSED ORDINANCE REGULATES CELL PHONE TOWERS AND IN A MANNER REDUCES NEGATIVE IMPACT ON RESIDENTIAL AND COMMERCIAL NEIGHBORHOODS AND IS THUS CONSISTENT WITH HE COMPREHENSIVE PLAN. Motion carried unanimously. JON BOGART MADE A MOTION TO ADJOURN, SECONDED BY DICK MARTIE. Motion passed unanimously. Wanda Kraemer/Development Services Technician Page 16