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1991-11-26 PC Minutes . . . PLANNING & ZONING COMMISSION November 26, 1991 Albertville City Hall 7:30 PM COMMISSION MEMBERS PRESENT: Tom Haller Donatus Vetsch, LeRoy Berning, Chairman Haller called the meeting to order. Berning made a motion Vetsch seconded the motion. to approve the agenda as presen ted. All voted aye. Berning requested that the minutes of the October 8, 1991 meeting be amended to read that: Berning agreed to have the non- operative satellites removed from the roof of the building if he is allowed to add the signs for each of the tenants. Vetsch made a motion to approve the amended minutes. Berning seconded the motion. ~ll voted aye. 12, aye. Vetsch made a motion to approve the minutes of the November 1991 as presented. Berning seconded the motion. All voted Bernard and C I em Marx were presen t and submi t ted a topographical survey showing proposed excavation on the Marx agricultural property. Bernard feels that the proposed excavation will enhance the property for farming but also plans to develop the property for possible residential use in the future. Bernard feels that the proposed excavation will not affect drainage and will eventually drain into the City storm sewer. Vetsch questioned the location of declared wetland and Marx intent with regard to same. Bernard stated that he has a permit from the DNR to fill one acre of the wetland. Berning made a motion to request that the Counci I grant approval of an agricultural excavating permit to Mr. Marx as per topographical survey and proposed grading site plan submitted to the Commission as of this date. The motion was seconded by Vetsch. All voted aye. A motion was made by Berning and seconded by Haller to request the Council to amend Zoning Ordinance No. 1000.4 regarding the maximum size of garages and outbuildings as follows: Section 3: Change maximum size from 700 square feet to 900 square feet. All other verbiage to remain as is currently written. Section 5: Change maximum size from 700 square feet to 900 square feet. All other verbiage to remain as is currently written. All voted aye. . . . The letters to Ralph Ackerman regarding Sunshine Kennels were reviewed and the question was raised as to how this situation ever came into being. Haller feels that since no one on the Commission is an expert wi th regard to the Zoning Ordinances that perhaps Kevin Mealhouse should be consulted from the outset of these types of situations. A motion was made by Haller and seconded by Berning to request the Council to have Kevin Mealhouse review all possible non-conforming uses and to include his input in Commission packets. They also request that Kevin Mealhouse be present at Planning & Zoning Meetings as needed. All voted aye. It was mentioned that Commissioner Mark Daleiden has recently sold his house and will be moving from Albertville. The Commission feels that Commissioner Daleiden should submit his written resignation prior to the next meeting and that the vacant position should be filled prior to January 1, 1992. The Commission decided to change their meeting time from 7:30 PM to 7:00 PM. Vetsch made a motion to adj ourn the meeting at 9: 30 PM. Berning seconded the motion. All voted aye. . 1000.4. Accessory Buildinqs, Uses and Equipment. (a) Farm operations are exempt from the requirements of this Subsection. (b) Single family detached uses: ~ . ~ ~~ ." (1) No accessory use, building, structure or equipment shall be allowed within a required front yard. With the exception of a garage, no accessory building, structure, use or equipment may be placed within a front yard. (2) No accessory building, structure, and/or detached garage for a single family dwelling shall occupy more than twenty-five (25) percent of the area of the rear yard. (3) The total floor area of either an attached garage or a detached garage for a single family detached dwelling shall not exceed seven hundred ~) square feet of floor area and not exceed the ground coverage of the dwelling, except by conditional use. ~d~ (4) No building permit shall be issued for more than one (1) detached or attached private garage for each single family dwelling, except by conditional use permit. (5) No accessory detached building for a single family dwelling shall occupy more than one hundred fifty (150) square feet when accompanied by an attached garage on the same lot nor shall the combined total floor area of an accessory detached building and/or attached garage exceed seven hundred~) square feet except as each standard may be modified6by conditional use permit. A further exception to the aforementioned standard shall be the acceptable construction of an attached accessory structure which will accommodate the parking of three allowable sized vehicles provided that the area of such a three vehicle garage does not exceed nine hundred (900) square feet. (6) No building permit shall be issued for the construction of an accessory building for a single family dwelling when an existing detached garage is located on the same lot, except by conditional use permit. * 'Amended Ordinance No. 1989 . 52 William S. Radzwill RADZWIU LAW OFFICE Attorneys at Law Edgewood Professional Building 705 Central AJlenue East P. O. Box 369 Saint Mic1ulel, Minnesota 55376 (612) 497-1930 (612) 497-2599 (FAX) Stanley A. Ellison, Law Clerk Mei J. Edlund, Admin. Assistant . Andrew J. MacArthur Michael C. Couri November 5, 1991 Ms. Linda Houghton 5964 Main Avenue N.E. Albertville, Minnesota 55301 RE: Conditional Use Permit for Sunshine Kennels Dear Linda: As you are aware, our off ice has been asked to examine Albertville's Animal Control ordinance in relation to the operation of Ralph Ackerman's kennel. In addition, our office was asked to address potential building code violations stemming from the operation of the kennel and to meet with Mr. Ackerman regarding these matters. These items have been completed. . However, as was recently pointed out by the City's building inspector, the operation of a dog kennel is neither a permitted use, a conditional use nor an accessory use on property zoned I-1, the zoning designation of the property currently housing Sunshine Kennels. As such, neither a conditional use permit nor a variance can be granted that would allow Sunshine Kennels to operate within the Albertville Zoning Ordinance. In addition, Sunshine Kennels cannot qualify as an existing, non-conforming use since, according to the report filed with the Planning and Zoning Commission by Sunshine Kennels' attorney, the Ackermans did not begin inquiring into the feasibility of operating a kennel until July of 1989, more than seven months after the adoption of Albertville's Zoning Ordinance in December of 1988. As such, Sunshine Kennels is currently in violation of the Albertville Zoning Ordinance. Having come to this conclusion, we are awaiting further instructions from the City Council as to the action to be taken on this matter. Sincerely, JhJJ r-.~. . MiChael C. Couri RAnZWILL LAW OFFICE . . . CITY OF ALBERTVILLE P. O. BOX 131 ALBERTVILLE, MINNESOTA 55301 PHONE: (612) 497-3384 November 21, 1991 Mr. Ralph Ackerman Sunshine Kennels 6561 LaBeaux Avenue NE Albertville, MN 55301 Dear Mr. Ackerman: This letter is to inform Sunshine Kennels that the operation of a dog kennel is neither a permitted use, a conditional use, home occupancy, nor an accessory use on property zoned 1-1, the zoning designation of the property currently housing Sunshine Kennels. As such, neither a conditional use permit nor a variance can be granted that would allow Sunshine Kennels to operate within the Albertville Zoning Ordinance. In addition, Sunshine Kennels cannot qualify as an existing, non-conforming use since, according to the report filed with the Planning and Zoning Commission by Sunshine Kennels' attorney, you and your wife did not begin operating the kennel before the adoption of Albertville's Zoning Ordinance in December of 1988. As a result, the Planning and Zoning Commission has no authority to consider recommending that the operation of a kennel at this site be permitted, and the completion of those improvements required by the Planning and Zoning Commission at the October 8, 1991 Planning and Zoning meeting will not lead to the issuance of a conditional use permit. Because Sunshine Kennels is currently in violation of the Albertville Zoning Ordinance, the City of Albertville hereby orders Sunshine Kennels to immediately cease and desist all kennel operations at the current location. Sincerely, :ti::~~~t!L,:f(nv' City Clerk Milke our Cin', , . . , . , . rour Cit.\' We if1l'ite HOllie. !ndUIIF\', Busllless