1992-12-08 PC Agenda Packet
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AGENDA
PLANNING & ZONING COMMISSION
DECEMBER 8, 1992
7:00 P.M.
I.
CALL MEETING TO ORDER
APPROVAL OF THE AGENDA
APPROVAL OF THE MINUTES
* November 24, 1992
ADULT USE ORDINANCE DISCUSSION
FIRE HYDRANT ORDINANCE AMENDMENT - REVIEW
APPLICATION TO FILL VACANCY
* Donatus Vetsch
OTHER BUSINESS
ADJOURN
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PLANNING & ZONING COMMISSION
DECEMBER 8, 1992
ALBERTVILLE CITY HALL
7:00 PM
COMMISSION MEMBERS PRESENT: Tom Haller, LeRoy Berning, Howard
Larson, Roger Johnson, and Secretary Ann Culley.
ABSENT: Donatus Vetsch
Chairman Haller called the meeting to order at 7:05 PM.
Haller made a motion to ammend the agenda to include:
1, Scheduling of public hearing for Shore land Management
Ordinance,
2, Dennis Fehn's request for sewer lead on Barthel
Industrial Drive,
3, Planning Commission Application from Scott Johnson.
The motion was seconded by Roger Johnson. All voted aye,
Berning made a motion
Larson seconded the motion.
to approve the agenda
All voted aye,
as amended,
Larson made a motion to approve the minutes of the November
24, 1992, as submitted, The motion was seconded by Berning, All
voted aye,
Fehn was not present to discuss his request for the sewer
service lead to his property, but Thore Meyer informed the
Commission that although Fehn has sewer to his property from the
cul de sac and has been assessed for it, Fehn is requesting that he
be allowed to install a service lead from the existing sewer line
on Barthel Industrial Drive up to his property, All fees involved
with the cost of installing the service lead will be paid by Fehn,
Meyer further informed the Commission that at such time as the
sewer is extended further along Barthel Industrial Drive, Fehn will
be assessed,
Berning made a motion to recommend that the City Council
approve Fehn's request for a service lead along Barthel Industrial
Drive, all expenses involved in said service lead to be paid by
Fehn, and that Fehn must not infringe upon lots 7 & 8, Johnson
seconded the motion, All voted aye,
Johnson made a motion to schedule a public hearing with regard
to the proposed Shoreland Management Ordinance on January 12, 1993,
at 7:00 PM, The motion was seconded by Berning. All voted aye,
The Commission discussed the Fire Hydrant Ordinance amendment
and directed Ann to change 10' radius to 5' radius and to have the
revised copy ready for the public hearing to be held on December
22, 1992,
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PLANNING COMMISSION - 12/8/92
Page 2
Larson made a motion to close receipt of Planning Commission
Applications effective December 9, 1992, Berning seconded the
motion. All voted aye,
The Commission will review the three applications they have
received and make their recommendation to the City Council at their
meeting on December 22, 1992,
All Commission members present stated that they have reviewed
the Report of the Attorney General's Working Group on the
Regulation of Sexually Oriented Business and have made definite
findings of fact. The Commission directed Culley to type their
findings of fact as stated in this meeting and to attach said
findings of fact as a permanent record to be included with the
minutes of this meeting,
The Commission will review the Findings of Fact at their next
meeting, The Commission will also review the proposed Ordinance at
that time, The Commission is also aware that licensing of adult
uses will have to be addressed,
Larson made a motion to adjourn the meeting, The motion was
seconded by Berning, All voted aye,
4It REZONING REQUEST
CITY OF ALBERTVILLE
WRIGHT COUNTY, MINNESOTA
FINDINGS OF FACT
Application of AERO CONSTRUCTION (ASPHALT) to rezone the
following described land from B-3. Highway Commercial District to
1-1, Light Industrial District.
Legal description is hereby attached.
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On December 22. 1992. the Albertville Planning Commission met
at its regularly scheduled meeting to consider the application of
Aero Construction to rezone the above described land from B-3,
Highway Commercial to 1-1, Light Industrial. Based upon the
application and the evidence received, the Planning Commission now
makes the following findings of fact and decision.
FINDINGS OF FACT
1.
The applicant is requesting a
described property from B-3,
industrial zoning designation.
legally described as:
rezoning of the following
Highway Commercial to an
The subject property is
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SEE ATTACHED EXHIBIT A
2. Section 300.1 (f) of the Zoning Ordinance directs the Planning
Commission to consider six (6) possible adverse effects of the
requested rezoning, The six effects and the findings
regarding them are:
a. The proposed action has been considered in relation to
the specific policies and provisions of and has been
found to be consistent with the official Comprehensive
Plan.
The City's Land Use Plan designates the subject property
for future commercial use, The current Comprehensive
Plan's philosophy is to concentrate industrial
development primarily in the City's industrial park due
to infrastructure investments, the large availability of
space (as contrasted to limited markets). and to maintain
use compatibility, In this regard. the proposed land use
is not consistent with the City's Comprehensive Plan.
b.
The proposed use is or will be compatible with present
and future land uses of the area.
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The proposed industrial use would not be compatible with
commercial uses which are proposed in the area.
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4It FINDINGS OF FACT
AERO CONSTRUCTION
DECEMBER 22. 1992
PAGE 2
c. The proposed use conforms with all performance standards
contained herein.
The proposed use will be required to conform to all
applicable performance standards within the Zoning
Ordinance.
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d. The proposed use will not tend to or actually depreciate
the area in which it is proposed,
In consideration of the proposed use's compatibility with
future area land uses, the proposed use may depreciate
the subject area.
e,
The proposed use can be accommodated with existing public
services and will not overburden the City's service
capacity,
4It
The proposed industrial use will have different service
needs than targeted commercial uses. As such. it is
questionable whether the proposed uses may be
accommodated with existing public services and/or
overburden the City's service capacity.
f, Traffic generation by the proposed use is within
capabilities of streets serving the property.
Traffic generated by the proposed use is not within the
capabilities of streets which serve the subject property.
3. The memorandum dated November 18. 1992. prepared by Northwest
Associated Consultants. Inc. is incorporated herein.
4. The memorandum dated December 11. 1992. prepared by Meyer-
Roh1in. Inc. is incorporated herein.
5. On December 22. 1992. the Albertville Planning Commission
conducted a public hearing to consider the proposed rezoning.
preceded by published and mailed notice.
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FINDINGS OF FACT
AERO CONSTRUCTION
DECEMBER 22. 1992
PAGE 3
DECISION
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Based on the foregoing considerations and Ordinances. the
applicant's request to rezone the subject property from B-3.
Highway Commercial to an industrial zoning designation is denied in
its present form. .
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ADOPTED by the Albertville Planning Commission this 22nd day
of December 1992,
ATTEST:
CITY OF ALBERTVILLE
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Planning Com sion
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AERO CONS'rRUC'l'l:ON
LEGAL DESCRl:P'l'l:ON
,That part of the south 60 rods of t.he Southeast QUill"t.er of the
Southeast Quarter and the south GO rods of Government Lot. 9...
a11 in Section 36, Township 121, BangE! 2~, WI-i ght county,
Minnesota described as follows: ~
Commencing at a point on the south line of said southeast
Quarter of the Southeast Quarter, dist:ant 660.00 feet west from
the southeast corner of said. Southeast Quarter of the southeast
Quarter, said point being the southwest corner" of the east 20
acres of the south 60 rods of said Southeast Quarter of the
Southeast Quarter; thence on an assumed bearing of North 10 18'
47" West along the west line of said east 20 aCl.CS of the south
60 rods of the Southeast Quarter of the Southeast Quarter, a
distance of 700.03 feet to the actual poi nt o'f beginning;
thence continue North 1018' 47"west along said ,.,cst. line, a
distance of 140.00 feet to the south line of t~he nOI.th 150.00
feet of said south GO rods of the Sout.hellst Qmarl.er of the
southeast Quarter;' thence South 890 10' 10" West along t;he
south line of the north 150.00 feet of said south 60 rods of
the said southeast Quarter of the Southeast Quart.er and said
Government Lot 9, a distance of 760.55 feet to the center line
of a township road; thence south 40. 57' 10" west along said
centerline, a distance of 306.85 feet to.the northerly'right,o~
way' line of land acquired by the state of Minnesota for highway
purposes; thence South 730 13' 36" East along said northerly
right of way line. a distance of 685.50 Ceet; thence continue
along said northerly right or way l.Lne, LJe.Lny <<;' (.llllyeul..c.C!J.
curve concave to the southwest, having a radius of 527.57 feet
and a central angle of O. 02' 04", a distance of 0.32 feet;
thence North 10 18' 47" west not tangent to said curve, a
distance of 296.23 feet; thence North 69010' 10" E'8St, a
distance of 315.01 feet to the point of beginning. conti:'ining
5.45 acres and subject to the right of way of said township
road.
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EXlll:Bl:'l' A
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Northwest Associated Consultants, Inc.
URBAN PLANNING'DESIGN'MARKET RESEARCH
MEMORANDUM
TO:
Ann Culley
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FROM:
David Licht
DATE:
18 November 1992
RE:
Albertville - Aero Asphalt
FILE NO:
163.06 - 92.06
In response to your memorandum of 16 November, we have the
following comments and observations relative to the questions posed
by the Planning Commission on the requested Aero Asphalt rezoning/
development.
Processing Requirements
The site in question is presently zoned B-3, which is a "Highway
Commercial" zoning district intended for retailing and service type
operations. By stated intent, as well as permissible activities,
the Aero Asphalt business would not fit into this zoning
classification.
Depending upon circumstances to be noted later in this memorandum,
it would appear that there are two or three rezoning options which
would accommodate the proposed use. The I-lor I-2 zones would
allow the asphalt operation with a conditional use permit necessary
for the proposed outside storage. Alternatively, a PUD Zoning
District might also be appropriate and preferable. Under the PUD
zoning, a development-performance contract, with possible financial
securities, could be required which would address the outside
storage, as well as the proposed "temporary" office structure. Our
reading of the Ordinance indicates that a temporary building,
unless handled by a PUD, is not allowed and would, as a
consequence, require a text amendment to accommodate, if the City
found such an "interim" arrangemeI:1t acceptable in an I-1/I-2
classification.
5775 Wayzata Blvd. - Suite 555 - St. Louis Park, MN 55416. (612) 595-9636-Fax, 595-9837
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We emphasize these foregoing comments address the processing/
procedure issue only and are not an evaluation of the acceptability
of the proposal. Direction is only offered as to what zoning
applications and consideration options are open to Aero Asphalt and
the City.
The property in question also is classified as an S-1, Shoreland
Overlay Zoning District. The primary impact of this designation is
in the form of impervious surface requirement maximums (30 percent)
and setbacks (see pages 203 and 204 of the Zoning Ordinance).
These may have some implications for the proposal, especially if a
large permanent structure with major outside storage area is the
ultimate plan.
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Finally, depending upon the course of action selected, a
Comprehensive Plan amendment may also be required. This issue is
addressed further in the next section.
Reclassification of Parcell Area
The issue of rezoning the parcel or larger area in which the parcel
is located, is a policy matter which is the jurisdiction of the
Planning Commission and City Council. Moreover, it is a
comprehensive planning question. The area north of the freeway on
the east side of the City is specifically addressed as Planning
District 9 (pages 113-115) in the Comprehensive Plan. The parcel
and the area immediately surrounding have been designated as
commercial due primarily to access as well as visibility (see
Exhibit B) _ The current Comprehensive Plan's philosophy is to
concentrate industrial development primarily in the industrial park
due to infra-structure investments, the large availability of space
as contrasted to limited markets, as well as maintaining use
compatibility. A rezoning of the Aero Asphalt site would, as a
consequence, necessitate a Comprehensive Plan amendment plus a
rethinking of the 1-94/County Road 37 interchange area to the north
and west. From a broad perspective, City officials need to
consider whether:
1. the interchange area, as a primary entrance to the City, is
generally suitable for industry.
2. A need exists to provide additional industrially zoned land in
the City.
3. The industrial use is compatible for the area (lake,
residential use to the west/north, etc.).
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The Zoning Ordinance also stipulates the evaluation of several
specific matters in reclassification requests. These are:
1. The proposed action has been considered in relation to the
specific policies and provisions of and has been found to be
consistent with the official City Comprehensive Plan.
2. The proposed use is or will be compatible with present and
future land uses of the area.
3. The proposed use conforms with all performance standards
contained herein.
4. The proposed use will not tend to or actually depreciate the
area in which it is proposed.
5. The proposed use can be accommodated with existing public
services and will not overburden the City's service capacity.
6. Traffic generation by the proposed use within capabilities of
streets serving the property.
Beyond this broad question of changing the area's use designation
is the character of development which is seen as suitable for the
interchange area. This question would apply to a reclassification
of a large area or simply the specific site. Of concern in this
regard is the size and degree of outside storage as well as non-
retailing/service functions. If outside storage is seen as
suitable, the percentage of area devoted to such activity should be
defined as well as the mitigation measures (screening/landscaping)
which are seen as necessary. Moreover, the type of outside storage
should also be considered. For example, should it include
equipment, materials, stock piles, etc.?
Answers to the questions raised above will first determine whether
the Aero Asphalt (industrial use) is generally acceptable for the
area in which it is proposed. If it is concluded that a change in
designation should take place to accommodate the development, a
resolution needs to be reached on whether it should be only the
site in question or a larger area. Given the fact that industrial
uses and consumer oriented commercial operations are not typically
compatible and have different impacts and needs, acceptability of
the Aero Asphalt request would suggest that a larger area than just
the site in question would need reclassification. This could be
accomplished on an immediate or on a phased basis over time, with
a decision made on Aero occurring first and a larger area
consideration taking place later. A decision on Aero would,
however, set a precedent and basically predetermine the future of
the larger I-94/County Road 37 interchange area on the northwest
side of the freeway. There are both positive and negatives to
either approach. Timing of a large area rezoning would, for
example, take longer to consider.
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If a rezoning is to be instituted for only the Aero Asphalt site,
we would suggest a PUD rezoning be considered. This would limit
the precedent which is established relative to zoning, plus afford
substantial controls and protections. If rezoning of a larger area
is the course of action selected, an I-lor possibly I-2
designation would appear appropriate as the use character being
established would be broader based than just one site. In either
case, a Comprehensive Plan amendment should also be processed along
with conditional use permits and/or text amendments which may be
applicable.
Related Considerations
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A decision on the acceptability of having industrial uses in the I-
94/County Road 37 interchange area is the first and basic decision
which must be made. Subsequently, site planning issues and
proposal details may have to be addressed. Based upon limited
review, several site/proposal matters generate some degree of
concern. These are as follows:
A. Outside Storage:
Type: As noted previously what is the type of storage
which is proposed and what is considered acceptable.
possibilities would appear to include vehicles,
equipment, materials, and stock piles.
2. Screening/Buffering: What measures (berms, plantings,
etc. ) are proposed and what landscaping measures are
necessary for screening and buffering of the open
storage.
1.
3. Financial Securities: Are financial guarantees necessary
to insure installation as well as maintenance of screens
and buffers.
B. Temporary (Mobile) Office:
1. Building Code compliance.
2. Building quality acceptability
3. Replacement plan and assurances
4. Sewer/water availability/hookups.
C. Cost/Revenue Benefit:
1.
2.
3.
Property tax generated by use.
Service costs (streets/fire protection, etc.).
Property value impact - neighboring area.
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The above cited issues are emphasized to be only initial questions
raised by the Aero proposal. If the rezoning of the site/area is
pursued, these matters, as well as others which may be identified
upon detailed plan review, will have to be resolved.
We would also note that the type, quality and character of the
first or "lowest" use within an area will set the context for all
future uses. This fact needs to be considered as part of the
determination on the Aero Asphalt request.
pc: Michael Couri
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EX~IBIT lIell
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.MEYER-ROHUN,ING.
ENGINEERS-LAND SURVEYORS 1111 Hwy. 25 N., Buffalo, Minn,55313 Phone 612 - 682-1781
MEMORANDUM
TO:
Ann Culley
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FROM:
DATE:
December 11, 1992
RE:
As ro Asphalt
FILE:
E-920l-GEN
In response to your memo dated November 25, 1992, we would make
the following comments regarding the requested Aero Asphalt
developnent.
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1. At the present time, municipal water and sanitary sewer are not
available at the site. Sanitary sewer extensions will not be
approved by MPCA until such time that the existing wastewater
treatment plant is upgraded (plans and specifications, however,
are now being prepared for an expansion of the present
facili ties and we are anticipating taking bids in early 1993
for this expansion). We would anticipate this moratorium to be
lifted later in 1993.
Water extensions to the site will require a trunk line crossing
of 1-94. Economically, this is not feas ible for this si te
along, but would be dependent upon the developnent of the
entire area north of the 1-94 corridor, including portions of
otsego and Frankfort Township.
2. Drainage issues will need to be addressed. No indication was
made as to the type and quantity of the outside storage
materials; however, it would appear asphalt products would be
present. Hblding and/or detention basins will be required
together with proper berming of the site to control all
asphaltic material on the site. A full study of all on-site
storage materials will be needed before any site plan could be
approved.
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3. Only that portion of the frontage road abutting Hack's store
has been bi turninous surfaced. The remaining portion of the
frontage road is gravel only and heavy truck traffic would need
to be restricted until such time that upgrading would be
considered .
Thore P. Meyer, Professional Engineer Robert Rohlin, Licensed Land Surveyor
(,
Ann Culley ~/
David liCht./]
10 November 1992
MEMORANDUM
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TO:
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JO\~064XXll~~~
(612) 595-9636
FRill
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Albertville - Zoning Ordinance Revision - Fire Hydrants
RE:
FILE NO,:
163.05 - 92.01
Pursuant to our phone discussion on 5 November and your follow-up
memorandum of the same date, our office has drafted a proposed
amendment addressing fire hydrant protections.
Our review of the 27 October Planning Commission minutes indicates
that a majority of the protective measures which are seen as necessary
were identified by the Commission. Our basic additions to their ideas
have been in the area of violations and enforcement.
One issue on which we are uncertain is snow removal. We presume this
is a City Public Works responsibility. If however, the private property
owner is to assume some role for snow clearance, a provision needs to
be added to the draft amendment.
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So as to move this matter forward and insure appropriate coverage and
content, we are also providing a copy of the draft amendment to the
City Attorney. We are expecting that you will check with Mr. Couri
for any comments which he may have.
If there are matters pertaining to this amendment which need to be
further discussed, or if there is input from the Attorney, Planning
Commission, or Council which should be addressed, please contact our
office accordingly.
pc: Michael C. Couri
.
5775 Wayzata Boulevard, Suite 555
~XJm~nD~lK~r!>>,xx<<xx.xrom~n. MINNEAPOLIS, MN 55416
WHITE . ORIGINAL YELLOW, FILE COpy PINK, C FILE
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CITY OF ALBERTVILLE
WRIGHT COtJN'l'Y, MINNESOTA
ORDINANCE NO. 199
AN ORDINANCE AMENDING ORDINANCE NO. 1988-12, THE LAND USE (ZONING)
REGULATIONS OF THE CITY OF ALBERTVILLE BY ADDING PROVISIONS
ADDRESSING FIRE HYDRANTS.
THE CITY COUNCIL OF ALBERTVILLE, MINNESOTA ORDAINS:
Section 1. Section 1000 of Ordinance 1988-12 is hereby
amended by adding the following:
1000.22
Fire Hvdrants.
(a) Responsibility. Pursuant to Sections 1000.7 (b) and (c),
1000.8, 1000.9, and 2600 of this Ordinance, private property
owners shall be responsible for the maintenance of the
boulevard portion of the public right-of-way upon which their
property fronts and for the public easements which may exist
upon their property.
(b) Area Protection. So as to insure and maintain public safety,
no fences, shrubs, trees, landscape ornaments, berms or other
physical obstruction shall be placed within a ten (10) foot
radius of fire hydrants placed in public rights-of-way or
public easements. The protected area shall be seeded or
sodded, or surfaced with gravel/landscape rocks which are no
larger than a two (2) inch diameter. Furthermore, the City
shall not be responsible or held liable for any damage
resulting from the maintenance or emergency use of a fire
hydrant, nor the removal of obstructions which violate the
provisions of this Section.
(c) Corrective Actions. Properties found to be in violation of
the provisions of this Section shall, upon written notice from
the City, remove any obstruction or correct any problems and
be in compliance with this Section within fifteen (15) days
from the date of said notice. Failure to comply with said
notice shall result in corrective actions being taken by the
City and the cost for such actions charged and assessed to the
property in question.
.
Section 2. Effective Date. This Ordinance shall take effect
and be in full force from and after its date of passage and
publication.
PASSED by the City Council of the City of Albertville this
day of , 199
Mayor
ATTEST:
City Clerk
(Published in the Crow River News
. 199_.)
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CITY OF ALBERTVILLE
PLANNING AND ZONING COMMISSION
APPLICATION TO SERVE ON COMMISSION
You have recently expressed interest in serving on the Albertville
Planning Commission. In an effort to fill the vacant position, we
ask that you complete this application and return to City Hall by
Thank you fo"r your interest. Should you have any further questions
regarding this application, please feel free to contact City Hall
at 497-3384. '
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NAME: tJt5P7AnS I/*c!h..
ADDRESS: II$'"/"Z. - .5- 7 7A s:r IV e..
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PHONE:
Home: ,-!9>'7 - 2- &';; Y
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Work:
PLACE OF EMPLOYMENT:
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Are you available to attend Planning Commission meetings on the 2nd
and 4th Tuesday of each month? ~ YES NO
What experience or knowledge do you possess that would be applied
to the position you are interested in?
:]: hAH. ;,~~.., l1i'e P/~nl1/J(? '<lJ""e. ell"'hi?-r.(r5(~~1 5..t;"ce.. irS''( /Is'" (!t>4JH,:j
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(l C, i~ ~ (! )-j-r () ful 'So ~ e,...z /i ell> PI t:4 .
Reasons that you would like to serve on the Planning Commission:
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I hereby certify that all answers to the above questions are true.
and I agree and understand that any false statements contained in
this application may cause rejection of this application.
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Applicant Signature
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Date
.
CITY OF ALBERTVILLE
PLANNING AND ZONING COMMISSION
APPLICATION TO SERVE ON COMMISSION
You have recently expressed interest in serving on the Albertville
Planning Commission. In an effort to fill the vacant position. we
ask that you complete this application and return to City Hall by
Thank you for your interest. Should you have any further questions
regarding this application. please feel free to contact City Hall
at 497-3384. .
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NAME: j~c~ ~. ~a\'\~{'\
ADDRESS: S'-\ "31 ~('\ (\-.re
PRONK: BOBe:" 4q7 -1'j~
PLACE OF EMPLOYMENT: _11_ v--ell
Work:
830-3r77
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... Are you available to attend Plannin~ommission meetings on the 2nd
,., and 4th Tuesday of each month? YES NO
What experience or knowledge do you possess that would be applied
to the position you are interested in?
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Reaso~s that you would like to serve on~~ Plannr~g Commiss~on: . ~O
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I hereby certify that all answers to the above questions are true,
and I agree and understand that any false statements contained in
this application may cause rejection of this application,
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Applicant ~gnature
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Date