1992-06-09 PC Minutes
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PLANNING & ZONING COMMISSION
JUNE 9, 1992
ALBERTVILLE CITY HALL
7:00 PM
COMMISSION MEMBERS PRESENT: Tom Haller, LeRoy Berning,
Donatus Vetsch, Rick Bishop, City Planner Dave Licht, Building
Inspector Kevin Mealhouse, and Secretary Ann Culley.
Chairman Haller called the meeting to order at 7:10 PM.
Bishop made a motion to approve the agenda. The motion was
seconded by Berning. All voted aye.
A motion was made by Berning to approve the minutes of the May
26, 1992, meeting as submitted. Bishop questioned the decision of
the City Council to allow Barthel's to develop their mini-storage
putting in a driveway only and not having to put in curb, gutter,
and a street which is built to City standards per the requirements
of our ordinance. The entire Planning Commission felt strongly
that the ordinance should be strictly followed. Berning stated
that he feels there will be future problems with other developers
if this is allowed to go in as the Council has directed.
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Licht stated that in situations such as this, although he is
not entirely familiar with this particular situation, the developer
would be required to put in curb, gutter, and street to the edge of
the property to be developed per City ordinance. Licht further
stated that a variance would be needed and a public hearing held if
the Council decided to hold fast to their decision to allow the
Barthel's to construct a driveway as opposed to a street with curb
and gutter.
Haller cited this situation as an example of the types of
issues the City currently faces and why the Planning Commission
feels they need Licht's expertise. Licht stated that this is not
unusual and that he has checklists on file in his office which will
aid in the organization of planning requests. He will forward
these checklists to Ann Culley.
Licht addressed the Commission's questions with regard to fees
for his services on plan review, etc. Licht stated his fees would
be per his current contract with the City, dated April 18, 1988.
Some of his fees are listed below:
Meeting charge:
Normal review:
Licht's service:
Straight discount
Flat rate of $125.00
$30 - $35/hour
$80/hour
of 15% on all City projects
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Licht stated that all costs on private projects should be
billed to the property owner. Owner should be required to sign
agreement stating he will assume all professional fees, an escrow
deposit should be paid along with the application fee at the time
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the application is submitted.
Licht gave Culley a copy of his contract with the City.
Culley made copies and distributed to Commission member.
Bishop made a motion to approve the minutes of the May 26.
1992, meeting of the Planning Commission as submitted. Berning
seconded the motion. All voted aye.
Doug Psyk was removed from the agenda due to the fact that he
failed to appear and had submitted no plans in support of his lot
extension request.
The Planning Commission discussed possible changes to the City
ordinances per the list Mealhouse had submitted at the Commission's
request.
1. #200.2 (18) Page 227 - Change definition of Building
Height to conform with Uniform Building Code definition (average
mean height)
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2. #1000.4 (b) Page 276 - Eliminate completely as this is
outdated and no longer valid.
Licht thought this had been dealt with in the past. Culley
stated no evidence of this had been found. Licht will forward copy
of drafted ordinance to Culley.
3. #1000.4 (g) Page 276 - Add average mean height.
4. #1000.4 (i) (2) Page 277 - Add restriction that 50% of
sides and front must be faced with finish materials other than
steel in commercial and industrial districts.
Licht stated that this is pretty standard procedure in the
Ci ties he is familiar with. It adds aesthetically and also
attracts more business to these areas since it looks more
professional and will increase the tax base to the City by
increasing the value of the property.
5. #1000.17 (b) Page 290 - Delete State Uniform Building Code
and insert MPCA 7080.
6. #1100.6 (a) Page 294 - Include 1 Bedroom, 960 sq. ft.
above ground.
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Berning made a motion to recommend that the City Council
approve the above changes to the Zoning Ordinance and that these
changes not be published until the Planning Commission has
completed its review of the current Zoning Ordinance and
made further recommendations for changes they feel necessary. All
changes are then to be published and made a permanent part of the
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PLANNING COMMISSION - 6/9/92
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Zoning Ordinance. Bishop seconded the motion. All voted aye.
Haller made a motion to recommend that the City Council
reconsider their decision to allow Barthel's to finish the road by
their mini-storage facility as a driveway up to the end of their
easterly lot line as opposed to requiring that they conform to the
Zoning Ordinance and immediately install curb, gutter, and blacktop
per City specs. The motion was seconded by Bishop. All voted aye.
The Commission wants to stress to the Council that a variance
would be necessary in order for Barthel's to be allowed to deviate
from the current ordinance. This, in turn, would require a public
hearing. It is the opinion of the Planning Commission and Licht
that there is no hardship in evidence, therefore, no variance can
be granted.
The Commission questioned procedures for follow up on
variances which have been granted. Mealhouse stated that he
follows up on variances which are covered in building permits. The
Commission recommends that the City Clerk send a letter to the
property owner 30 - 60 days prior to the deadline on their variance
informing them of their deadline and stating that if the property
owner does not complete the conditions of their variance, that the
City will do so and certify it to the property owner's taxes.
The three variances which are currently outstanding and need
to be followed up on are:
1. Ken Lindsay - Variance was issued with the condition that
he record with the County his acceptance of the condition that upon
the sale of his property the second curb cut will be removed and
replaced with standard curb and gutter.
2. Albert Barthel - Variance was granted upon the condition
that he vacate and remove his old garage within 45 days of final
inspection on his new garage. To date he has not called for a
final inspection. Building permit was issued on September 25,
1991.
3. Larry Heikes - Variance was granted providing that he
vacate his existing garage within one year. Building permit was
issued on October 25, 1991.
The Commission recommends that the Council direct Linda to
check with Ken Lindsay as to whether or not this has ever been
recorded with the county. Proof of recording is to be presented to
Linda.
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PLANNING COMMISSION - 6/9/92
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Kevin Mealhouse will follow up with Albert Barthel and Larry
Heikes.
Bishop made a motion to adjourn the meeting at 9: 45 PM.
Berning seconded the motion. All voted aye.