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1992-06-09 PC Minutes . 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. . 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 . 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 4It PLANNING COMMISSION - 6/9/92 Page 2 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) . 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. . 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 . . . PLANNING COMMISSION - 6/9/92 Page 3 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. . . . PLANNING COMMISSION - 6/9/92 Page 4 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.