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1991-10-08 PC Minutes . . . PLANNING & ZONING COMMISSION October 8, 1991 Albertville City Hall 7:30 PM PRESENT: Commission members LeRoy Berning, Donatus Vetsch, Rick Bishop, Tom Haller, City Attorney Bill Radzwill, Clerk Linda Houghton Chairman Haller called the regular meeting of the Planning & Zoning Commission to order. Bishop made a motion to approve the agenda as presented. Vetsch seconded the motion. All voted aye. The minutes of the September 24, 1991, meeting were approved on a motion by Bishop, seconded by Berning. All voted aye. Chairman Haller reconvened the public hearing on the Conditional Use Permit for Sunshine Kennels. The Commission reviewed the minutes of the meeting held on October 4, 1991, with Ackerman, Radzwill, Commission Member Vetsch and Patti Salzwedel. Attorney Radzwill explained that this meeting was an attempt to come to some common ground with Ackerman and to establish a time frame for Ackerman to meet the minimum standards required by state and local statutes. Radzwill told the Commission their question to decide is a zoning issue only. Ralph Ackerman asked that the Ci ty revise the condi tions agreed to at the meeting to allow him to change from concrete runs to runs constructed of tenderfoot. Animal Control Officer advised Ackerman that although tenderfoot was acceptable for the animals to walk on concrete must still be installed underneath the tenderfoot to allow for adequate cleaning. The Commission questioned building inspector Kevin Mealhouse about the fire danger of using heat lamps. Mealhouse stated that the heat lamps were permissible as long as they are UL approved lamps. He also explained that anytime the use of a building is changed, he must inspect the building and issue a certificate of occupancy. Ackerman will agree to do everything as previously agreed to at the October 4, 1991, meeting. He was directed to work with the building inspector to schedule an inspection of his premises. Bishop made a motion to close discussion on the Sunrise Kennel Condi tional Use Permi t. Vetsch seconded the motion. All voted aye. Bishop made a motion to require Ackerman to complete Items 1 and 2 concerning the heat and venti 1 a ti on of the kenne 1 before October 31, 1991, and have the building inspector do his inspection. If the items are completed satisfactorily, the . . . " Commission will consider recommending approval of the Conditional Use Permi t. Ackerman objected to this proposal because of the money invol ved in upgrading the faci I i ty wi th no guarantee of getting the CUP at the end. Bishop rescinded his motion. Haller made a motion to allow Ackerman until November 30, 1991 to work with the building inspector and the animal control officer to bring the facility up to minimum compliance by completing all areas of concern, i.e. heat, ventilation, space, interior surface, lighting and building ordinances, with the exception of the installing concrete runs. If the Commission finds that Ackerman has complied with all requirements, a CUP will be issued. That CUP will be reviewed again around May 1st to insure that the concrete runs have been constructed. Bishop seconded the motion. All voted aye. Bishop made a motion to close the public hearing on the CUP for Sunshine Kennels. Berning seconded the motion. All voted aye. Bishop made a motion to open variance request from Larry Heikes to on his property. The garage exceed for a garage. the publ ic hearing on the construct a 1,008 square foot the maximum size requirement Heikes explained that his property is five acres in size and he needs the oversized garage for the businesses he and his wife operate. He proposes to convert his present attached garage into a family rec room in the future. There was no public comment. Berning made a motion to grant a variance to allow Larry Heikes to construct a 1,008 square foot detached garage, contingent upon the following: (1) The current attached garage mus t be discontinued to be used as a garage wi thin one year. (2) The exterior finish of the new garage will be the same as the existing house. Bishop seconded the motion. All voted aye. Berning made a motion to close the public hearing on the Heikes' variance request. Bishop seconded the motion. All voted aye. Bishop made a motion to open the public hearing on Wilfred Becker's request to divide his property into two parcels. Berning seconded the motion. All voted aye. Becker explained that he wants to sell off one portion of his property. The newl y created lot wi 11 be 297 feet deep, wi th a total area of 25,700+ square feet. The new lot will be able to be connected to the City's sanitary sewer system. There was no comment from the public. Berning made a motion to recommend that the Ci ty Counci 1 . . . .. approve the lot di vision as requested by Wi 1 fred Becker I consideration given to requiring drainage easements along property I ines at the time the sit e pI an is presented for building inspector's approval. Vetsch seconded the motion. voted aye. with the the All Berning made a motion to close the public hearing. seconded the motion. All voted aye. Bishop Bishop made a motion to reopen the public hearing to consider the sign application for DJ's Total Home Care Center. Vetsch seconded the motion. All voted aye. The Commission found that the on-the-road sign proposed originally for the business will not require a variance since it is not larger than 32 square feet. LeRoy Berning also requested that the City grant him a variance to place four 4' X 8' signs advertising each of the individual tenants operating out of the building. Building Inspector Kevin Mealhouse reviewed the City's sign ordinance with the Commission. The ordinance states that the total signage allowed cannot exceed 15% of the combined wall surfaces and there can be no more than two signs unless each of the tenants have a separate entrance. Berning agreed to have the satellites removed from the roof of the building if he is allowed to add the signs for each of the tenants. Bishop made a motion recommending that the City Council grant a variance to DJ's Total Home Care Center to allow the placement of four 4' X 8' individual business identifications signs on the building~ not to exceed 15% of the total wall area. The variance is being recommended because the Commission finds a hardship because there are not exterior entrances to each business and the City ordinance does not allow for signage on the street. Vetsch seconded the motion. All voted aye. Bishop made a motion Vetsch seconded the motion. to adjourn the All voted aye. meeting at 9:30 PM. /~ // i