2005-11-09 PC Minutes
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PLANNING and ZONING COMMISSION MINUTES
November 9, 2005
Albertville Council Chamber
7:00 PM
CALL TO ORDER - ROLL CALL - ADOPT AGENDA
PRESENT: Chair Sharon Leintz, Commission members Scott Dorenbush, Frank Kocon, Dan
Wagner, and Tiffany Meza, Council liaison LeRoy Berning, City Planner Al Brixius, and City
Administrator Larry Kruse
ABSENT: Zoning Administrator/Building Official Jon Sutherland, Secretary/City Clerk
Bridget Miller
Chair Leintz called the Planning and Zoning Commission meeting of the City of Albertville to
order at 7:00 p.m.
ADOPT AGENDA
MOTION BY Commission member Wagner, seconded by Commission member Meza to
approve the agenda as presented and on file in the office of the City Clerk. Motion carried
unanimously.
MINUTES
MOTION BY Commission member Wagner, seconded by Commission member Dorenbush to
approve the October 11,2005 minutes as on file in the office of the City Clerk. Motion carried
unanimously.
PUBLIC HEARINGS
GUIMONT CONDITIONAL USE PERMIT FOR TWO ACCESSORY BUILDINGS
Chair Leintz opened the public hearing at 7:04 p.m.
City Planner Brixius shared with the Commission that Tim and DarIa Guimont are seeking to
add an attached garage to their property located at 11641 50th Street. The subject property is
zoned R-IA: Residential Low Density Single Family. The garage addition will be used as
storage space for vehicles and added living space above and below the garage. The attached
garage addition will be located directly northeast of the existing house measuring five hundred
seventy six (576) square feet in area. The applicant's existing six hundred (600) square foot
detached garage will remain, presumably storage space. The applicants have not included any
details of garage construction in submitted application.
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Planning & Zoning Commission Minutes
November 9,2005
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Since the addition is part of the principal building, only the garage space square footage is
totaled with the accessory building square footage. Extra living space on the first floor and
above the proposed garage addition is added to the square footage of the principal building and is
viewed as a resale asset to the home.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Project Narrative
Site Plan
City Engineer Comments
ANALYSIS
Conditional Use Permit. A conditional use permit is required for a combined total floor area of
an accessory detached building and/or attached garage exceeding one thousand one hundred fifty
(1,150) square feet and for the construction of more than one accessory building and/or structure.
According to Ordinance (Section 400.2 Subd. F and Section 1000.4. Subd. B, 5 & 7), a
conditional use permit may be granted, provided that:
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 comprehensive plan.
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The City Comprehensive Plan designates the property for low density residential uses.
The Comprehensive Plan also encourages reinvestment in single family homes. The
application is consistent with these Comprehensive Plan objectives.
2) The proposed use is or will be compatible with present and future uses of the area.
The total accessory floor space is one thousand one hundred seventy-six (1,176) square
feet, slightly above that allowed by Ordinance. The site is one (1) acre in size and all
buildings meet required setbacks. The new addition will be compatible with surrounding
land uses of the area and the exterior materials match that of the exiting home.
The applicant indicates that the purpose of the additional attached garage is to house
personal automobiles and add living space on the upper and lower levels. The detached
garage would remain on the property and continue as an accessory building. Access to
the attached garage will be from the driveway to the west. Our staff believes this is an
acceptable arrangement and is characteristic of other homes in the area.
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According to submitted project narrative, the applicant's parcel is one (1) acre in size.
This parcel acreage is ample for the construction of an attached garage. In addition,
several residential properties on 50th Street are arranged with an attached garage and
accessory detached garage, demonstrating that the applicant's request is contextually
characteristic. The site plan indicates that the property slopes approximately fourteen
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feet (14') from the principal structure to the existing accessory garage, indicating that the
accessory structure will not be visible from 50th Street.
3) The proposed use conforms with all performance standards contained herein.
According to Zoning Ordinance the lot setback requirements for the R-IA: Residential
Low Density Single Family District are as follows:
Front Yard
Side Yard
Rear Yard
Not less than thirty feet (30')
Lot less than fifteen feet (15') each
Twenty five feet (25')
The applicant has indicated that the north front yard setback will be fifty six (56') feet
and side yard setbacks will be eighteen (18') feet to the east property line and fifty nine
(59') feet to the west property line. Rear yard setback is indicated as two hundred twenty
nine (229') feet to south property line.
All buildings on the site meet R-IA setback standards.
4)
The proposed use will not tend to or actual depreciate the area in which it is proposed.
The new house addition will increase the value of the house.
5) The proposed use can be accommodated with existing public service and will not
overburden the city's service capacity.
The new house addition will not increase the demand on City services or utilities.
6) Traffic generated by the proposed use is within capabilities of streets serving the
property.
The home expansion will not increase the traffic generation from the site.
7) There is a demonstrated need and potential for continued use of the structure and the
purpose is stated.
8)
The building has an evident re-use function related to the principal use and will be
utilized solely as storage with no business or home occupation activity.
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Accessory building shall be maintained in a manner that is compatible with the
adjacent residential uses and does not present a hazard to public health, safety and
general welfare.
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Applicant has indicated that the accessory building will be utilized exclusively for the
storage of personal vehicles and items related to the single family home. As condition of
approval, staff would recommend prohibiting the use of either the attached garage or the
detached accessory building for commercial use or home occupation.
CONCLUSION
Planning staff recommends approval of the CUP. The garage appears to be consistent with the
City's regulations relating to such structures and is contextually reasonable with regard to
surrounding structures of similar construction and use.
This recommendation would include the following conditions:
1. Garage construction is consistent with the architecture and materials of the existing home.
2. Garage or existing accessory building will not be used for business or home occupation.
Chair Leintz asked the Planning Commission if they had any questions or concerns. None were
expressed. Chair Leintz opened the floor for questions from the public. No comments were
expressed.
. Chair Leintz closed the public hearing at 7:15 p.m.
MOTION BY Commission member Meza, seconded by Commission member Dorenbush to
approve the recommendation for a CUP for Darla and Tim Guimont whose home is located at
11641 50th Street for construction of a second detached garage exceeding one thousand one
hundred fifty (1,150) square feet) conditioned on the following:
1. Provided that: garage construction is consistent with the architecture and materials of the
existing home.
2. The garage or existing accessory building will not be used for business or home occupation.
Motion carried unanimously.
PUBLIC HEARING
COBORN'S LITTLE DUKES GAS STATION- SITE PLAN REVIEW-CONDITIONAL
USE PERMIT.
Chair Leintz opened the public hearing at 7: 16 p.m.
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Coborn's Incorporated is seeking site and building plan review and conditional use permit
amendment to add a fifth gasoline pumping station at their location of business at 5398 LaCentre
Avenue. The property is currently zoned B-3: Highway Commercial.
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November 9,2005
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Applicant has indicated that they intend to demolish a seven hundred twenty (720) square foot
section of concrete and asphalt and install a seven hundred twenty (720) square foot fueling pad,
forty-( 40)-square foot island and gasoline pumping station. The canopy addition will include
lighting and motor fuel dispensers.
Attached for Reference:
Exhibit A:
Exhibit B:
Exhibit C:
Contextual Site Plan
Detail Site Plan
City Engineer's Comments
ANALYSIS
Conditional Use Permit. The applicant is seeking an amendment to a conditional use permit to
expand their gas sales in the B-3: Highway Commercial District. Motor fuel stations in
Albertville are allowed, subject to specific zoning ordinance regulations regarding location, lot
size, site access, parking, surfacing, lighting and grading.
Location. The submitted application material has indicated that one (1) additional gasoline
pumping station be attached to the eastern end of the existing four (4) gasoline pumping stations.
Lot Size. Motor fuel stations are required to have a minimum lot size of twenty thousand
(20,000) square feet and a minimum lot width of one hundred fifty feet (150'). Subject site is
part ofthe larger Coborn's site measuring 6.12 acres, which exceeds the lot size standard for gas
sales. The subject site lot size will neither increase nor decrease with the expansion of one
gasoline pumping station.
Site Access. Access to the motor fueling stations are gained from two (2) points of entry from
5ih Street NE. Larger vehicles with prohibitive turning radiuses gain access to the site from 5ih
Street NE and exit onto LaCentre Avenue NE. According to the contextual site plan (Exhibit A),
site circulation will not be compromised with the introduction of an additional fueling station and
adequate space is provided to access fuel pumps and allow maneuverability around fuel pumps.
The City Engineer makes the following findings related to site access:
1. The proposed expansion will not impact traffic entering or exiting from the easterly
entrance.
2. The proposed expansion will not impact the easterly service drive.
3. The proposed expansion will not impact the existing easterly loading docks.
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November 9,2005
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Parking. Currently, the convenience store building provides seventeen (17) parking stalls for its
customers. The number of parking stalls will not be reduced with the expansion of the additional
fueling station. The gas pump island will offtwo (2) automobile stacking spaces in addition to
existing parking.
The City Engineer makes the following findings related to site parking:
I. The proposed expansion will not impact the existing parking stalls.
Surfacing. As indicated by the submitted site plan, the fueling station addition area is to be
surfaced in concrete. This is an acceptable surfacing treatment.
The City Engineer makes the following findings related to surfacing:
1. Presently, the location of the proposed improvements is a gently sloped paved surface. The
improvements will not require any grade change.
2. The proposed improvements will not generate additional storm water runoff and will not
impact the existing drainage patterns.
Fueling Stations. Applicant has not indicated fueling station island and canopy details in the
submitted application materials. According to Ordinance, pump islands shall be elevated six
inches (6") above the traveled surface of the site. The canopy shall not exceed eighteen feet
(18') in height and must provide a minimum of fourteen feet (14') of clearance to accommodate
a semi trailer truck passing underneath. The canopy fascia shall not exceed three feet (3') in
vertical height. Conditional use permit is conditional upon submittal of these details and review
and approval by the City.
Setbacks. The site plan indicates that the fuel station island setback is forty-five feet (45') from
the north property line and the canopy setback measures thirty-five feet (35') from the north
property line. According to Ordinance, all pump islands shall be set back at least thirty (30') feet
from any property line and the outer edge of any canopy shall be set back at least twenty feet
(20') from any property lines. The submitted application materials meet setback standards.
Lighting. Canopy lighting details have not been provided by the applicant. According to
Ordinance, canopy lighting shall consist of canister spotlights recessed into the canopy and no
portion ofthe light source or fixture may extend below the bottom face ofthe canopy. Applicant
must submit canopy lighting details and site photometric demonstrating intensity on public
streets not exceeding one foot-candle as measure from the right-of-way line of said street.
Conditional use permit is conditional upon submittal of these details and review and approval by
the City.
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ACTION REQUESTED
The Zoning Ordinance establishes a standard for reviewing conditional use permits which may
include the nature of the adjoining land or buildings, the effect upon traffic into and from the
premises or on any adjoining roads, and all other or further factors as the City shall deem a
. prerequisite of consideration in determining the effect of the use on the general welfare, public
health and safety. Following a public hearing, the Planning Commission may consider one of
the following actions:
Conditional Use Permit
1. Approval of the CUP, based on a finding that the proposed outdoor storage is consistent with
the requirements of the zoning ordinance.
2. Denial of the CUP, based on a finding that the proposed location is inconsistent with the
requirements of the zoning ordinance.
STAFF RECOMMENDATION
Planning staff recommends approval of the CUP. The fueling station addition appears to be
consistent with the City's regulations relating to such areas.
. This recommendation would include the following conditions:
1. Fuel station island and canopy details are submitted by the applicant and subj ect to the
approval of the City.
2. Canopy lighting details are submitted by the applicant and subject to the approval of the City.
3. Lighting photometric is submitted and subject to the approval by the City.
4. City Engineers comments are reviewed and addressed by the applicant.
Chair Leintz invited comments from the Planning Commission and no comments were
expressed. Chair Leintz opened the floor for public comments and no comments were received.
Chair Leintz closed the public hearing at 7:26 p.m.
MOTION BY Commission member Kocon, seconded by Commission member Dorenbush to
approve Coborn's Little Dukes Gas Station located at 5398 LaCentre Avenue NE, site plan
review and Conditional Use Permit (CUP) with the following conditions:
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1. Fuel station island and canopy details are submitted by the applicant and subject to the
approval of the City.
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2. Canopy lighting details are submitted by the applicant and subject to the approval of the City.
3. Lighting photometric is submitted and subject to the approval by the City.
4. City Engineers comments are reviewed and addressed by the applicant.
Motion carried unanimously.
PUBLIC HEARING
PRO- TECH MARINE CONDITIONAL USE PERMIT
City Planner Brixius stated that Pro-Tech Marine, a marine boat service and repair business, is
seeking a conditional use permit to create an outdoor storage area at their location of business at
5640 MacKenzie Avenue NE. The site is located north ofI-94 at the southern terminus of
MacKenzie Avenue NE and consists of approximately 2.06 acres. The property is currently
zoned B-3: Highway Commercial and marine boat and repair businesses are a permitted use in
this district. The outside storage ordinance, Section 1000.15, Subd. B, requires a conditional use
permit for outside storage of equipment, materials and inventory as a principal or accessory use
for commercial and industrial uses.
According to submitted application description, Pro-Tech Marine is in need oflimited exterior
storage to continue their business. This request includes exterior space for marine repair and
inventory storage. In addition, the applicant will also be erecting an eight-foot (8') screen fence
to enclose the outdoor storage area.
Attached for Reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Project Narrative
Site Plan
Signage Photographs
City Engineers Comments
ANALYSIS
The applicant is seeking a conditional use permit for an outdoor storage area at their location of
business. Commercial outdoor storage areas in Albertville are allowed, subject to specific
zoning ordinance regulations regarding location, setbacks, screening/landscaping, surfacing,
lighting and grading.
Location. The submitted application material has indicated that the enclosed outdoor storage
area be located in the north side yard and east rear yard. According to Zoning Ordinance, the
area to be occupied by outdoor storage cannot occur within the required front or side yard. The
proposed location is compliant with Ordinance standards.
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Setbacks. The following are the permissible B-3 setbacks:
B-3 Required
Proposed
Compliant
Front Yard Setback
North Side Yard
Setback
East Rear Yard
Setback
35 feet
Twenty feet (20'), except not less than thirty five
feet (35') when abutting an R district.
Twenty feet (20'), except not less than thirty five
feet (35') when abutting an R district.
150
Yes
o feet
No
15 feet
No
The site plan indicates a zero foot (0') north side yard fence setback and fifteen foot (15') east
rear yard fence setback for the outdoor storage gravel surface area. To be compliant, the
applicant must submit a revised site plan indicating a north side yard fence setback not less than
twenty feet (20') and an east rear yard fence setback not less than twenty feet (20'). The fence
must also be relocated to meet these setback standards and must define the outdoor storage area.
Screening/Landscaping. Zoning Ordinance states that the outdoor storage area must be totally
fenced, fully screened and landscaped, and a landscape guarantee, as determined by the zoning
administrator, be provided. Applicants have indicated that the proposed storage area will be
screened by an eight-foot (8') fence located along the northern, southern and western extents of
the storage area. A chain link fence is proposed along the eastern property boundary adjacent to
property zoned A-I: Agriculture Rural District. No details have been provided regarding the
fence.
Staff recommends an eight-foot (8') screen fence be provided along all sides of the outdoor
storage. The fence must meet the aforementioned setbacks and a fence detail must be provided
that identifies the fence materials and construction. Staff recommends a solid wood fence to
enhance the view of the storage area from the freeway and adjoining properties. Chain link and
chain link with slats is not acceptable.
It is suggested that the periphery of the opaque fence be planted to break up the horizontal
massing of the fence. Our staff recommends the following landscape treatment for the east and
south fence walls:
1. Landscape plan indicating clusters of three (3) coniferous trees spaced at thirty (30') foot
intervals. Clusters must consist of at least two (2) coniferous species.
2. Alternative landscape plan may be submitted by the applicant with the same aforementioned
objectives, and is subject to the approval of the City.
Conditional use permit is provisional upon submittal of fence and landscape screening details
and are subject to the approval of the City.
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Surfacing. As indicated by the submitted site plan, the outdoor storage area is to be surfaced in
gravel. This surface must be crushed granite, pea gravel or paved to control dust.
Lighting. It is currently presumed that the enclosed outdoor storage area will not be illuminated.
Should exterior lighting be needed, it must be ninety-(90)-degree cut off, hooded light fixtures
and directed so the light source shall not be visible from the public right-of-way or from
neighboring residences and shall be in compliance with Section 1000.100 of the Zoning
Ordinance. Additional review will be required if lighting is planned for the outdoor storage area.
Grading. Submitted site plan does not indicate grading of the storage operation. Conditional
use permit is provisional upon submittal of these grading details and subject to the approval of
the City Engineer.
Sign age. Ordinance establishes regulations governing advertising and business signs in the city.
These regulations are intended to permit an efficient, effective and aesthetic means to
communicate using on and off premises signage while recognizing the need to maintain an
attractive and appealing appearance in the community, including appearance along streets and
property used for commercial, industrial and public development and the air space above and
between such development.
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It has come to the City's attention that Pro-Tech Marine is in violation of the Ordinance
regarding permitted business signage (Exhibit C) and must be corrected immediately. As
condition of outdoor storage CUP approval, Pro-Tech Marine must comply with the following
B:3 District sign ordinance standards. Violations include:
· Front Wall Signs
Currently, Pro-Tech Marine displays front wall sign age in excess of fifteen (15%) of
wall area.
I. Not more than two signs shall be permitted on the front wall of any principal building. The
total area of such two signs shall not exceed fifteen percent (15%) ofthe wall area. One sign
may be a changeable message board (including reader boards/changeable banners) that is
framed to define its perimeter.
2. Front wall signs, if illuminated, shall be shielded illumination, shielded silhouette lighting or
shielded spot lighting, but not any lighting where the light source itself is visible or exposed
on the face or sides of the characters.
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3. Signs constructed of metal and illuminated by any means required internal wiring or
electrically wired accessory fixtures attached to a metal sign shall maintain a free clearance
to grade of nine feet (9'). Accessory lighting fixtures attached to a nonmetal frame sign shall
maintain a clearance of nine feet (9') to ground. In the event a metal sign structure or
accessory fixture herein described is grounded by the used of a grounding conductor run with
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the circuit conductors, and said structure or fixture is also grounded by being bonded to a
grounding electrode at the sign site, no clearance to grade shall be mandatory.
4. Front wall signs may be gaseous tube or may be illuminated by interior means of lighting of
intensity to prevent excessive glare and shall comply with the regulations established in
Section 10-7-7 of this chapter.
· Side and Rear Wall Signs: A sign or signs shall be permitted on the east rear and/or north
and south side wall ofthe principal building, subject to the following regulations:
Currently, Pro-Tech Marine displays side and rear wall sign age in excess of nine (9)
square feet.
I. The total area of such rear or side wall sign or signs shall not exceed nine (9) square feet. No
rear or side wall signs, other than a sign provided in subsection A2b of this section shall
make used of any word, phrase, symbol or character other than to designate delivery areas.
2.. Notwithstanding subsection A2a of this section, if the main entrance/exit to a particular use
in the principal building opens on the side wall, or on a rear wall, the applicant shall be
permitted to sign the side or rear wall in accordance with the front wall sign provision of
subsection Al of this section.
. · Awning or Canopy Signs: Letters may be painted or otherwise affixed to any permissible
awning of canopy, subject to the following regulations:
Currently, Pro-Tech Marine displays awning and canopy signage letting in excess of
twelve (12") inches.
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I. Lettering or letters shall not project above, below, or beyond the physical dimensions of the
awnmg or canopy.
2. Letter or letters shall not be larger from top to bottom than twelve inches (12").
3. Lettering or letters shall not denote other than the name and address of the business
conducted therein and/or product or produces products or sold or service rendered therein.
4. Lettering or letters shall be included in calculation of the maximum sign area of the
permissible wall sign.
· Window Signs
Currently, Pro-Tech Marine displays window sign age in excess of twenty percent (20%)
of the entire window area.
I. In no event shall the size of the interior window signage exceed twenty percent (20%), up to
the maximum of forty (40) square feet, of the entire window area of the one side of the
building upon which said signs shall be displayed.
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2. Window signs that are clearly intended for temporary display only may be affixed to a
window or located inside a window surface visible to the general public; provided that the
sign area conforms with the formula allowance outlined in this subsection.
3. The allowable sign area for a window advertising sign is in addition to the total permitted
wall sign area as regulated in subsection 10-7 -8A I ofthis chapter.
4. Window signs, other than for advertising, such as business identification, or any sign which
is permanently affixed to a window shall constitute a dual purpose sign and thus be regulated
under both this subsection and subsection I 0-78A I of this chapter.
Outdoor Storage Use. The applicant has indicated that the outdoor storage space will be
utilized solely for marine repair and inventory storage and have not requested winter/seasonal
marine boat storage in this application. Outdoor sales display of merchandize for sale or rent is
prohibited within the confines of this outdoor storage area.
ACTION REQUESTED
The zoning ordinance establishes a standard for reviewing conditional use permits which may
include the nature of the adjoining land or buildings, the effect upon traffic into and from the
premises or on any adjoining roads, and all other or further factors as the City shall deem a
prerequisite of consideration in determining the effect of the use on the general welfare, public
health and safety. Following a public hearing, the Planning Commission may consider one of
the following actions:
Conditional Use Permit
1. Approval of the CUP, based on a finding that the proposed outdoor storage is consistent with
the requirements of the zoning ordinance, subject to compliance with the setback standards.
2. Continuation ofthe public hearing for one month to allow applicant to submit a revised site
and building plan that addresses the conditions of this report.
STAFF RECOMMENDATION
Planning staff recommends approval, conditional upon Sign Ordinance compliance, of the CUP.
The outdoor storage appears to be consistent with the City's regulations relating to such areas.
This recommendation would include the following conditions:
1. Revised site plan is submitted indicating location of the outdoor storage area and fence,
which meets twenty-foot (20') side and rear yard setbacks.
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2. Landscape plan indicating exterior vegetative buffer on the south and east sides of storage
area must be submitted and is subject to City approval.
3. Surface of outdoor storage area must be paved or graveled surface.
4. Eight foot (8') opaque screen fence must enclose all extents of the storage area, including
north, south, east and west edges.
5. Outdoor storage must not exceed height offence.
6. Fence details must be provided and are subject to the approval of the City.
7. Grading plan is submitted and subject to the approval of the City Engineer.
8. Outdoor storage will be solely utilized for marine repair and inventory storage. Outdoor
sales display of merchandise for sale or rent is prohibited within the confines of this outdoor
storage area. Winter/seasonal storage is prohibited.
9. Business signage is compliant with B-3 District sign ordinance standards.
Chair Leintz asked the Planning Commission for questions, comments or concerns.
The Commission questioned who's determined the height of the fence at eight (8) feet. Brixius
responded that the applicant had submitted that height because they thought that height would be
needed to screen their yard from public view. The applicant stated they were planning on a chain
link fence with vinyl slates, however, was open to doing something else if it was required. The
Commission questioned the elevation difference wondering if a six-foot fence was installed if
vehicles traveling on I-94 could see over the fence. Discussion then ensued about the type of
construction material; ifthe lot could be reduced in size and making sure the view from I-94 and
adjoining properties was attractive.
Some discussion was held regarding the planned use of adjoining properties which are currently
undeveloped. City Planner Brixius responded that most is zoned agricultural and is guided
commercial. Landowners have not submitted proposed transportation plans or concept plans for
City consideration.
Chair Leintz then opened the floor for public comments.
Mr. & Mrs. Franklin asked ifthere would be any boat or outdoor sales allowed and City Planner
Brixius responded that no there would not be any outdoor sales.
MOTION BY Commission member Dorenbush, seconded by Commissioner Meza to continue
the Public Hearing to December 13,2005 at 7:00 p.m. or soon thereafter whereby the applicant
will present colored rendering of the fence and building, type of material and elevation profile
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from I-94, revised site plan identifying the location ofthe fence in relation to the property along
with a landscaping plan. Public Hearing concluded at 7:40 p.m.
ADJOURNMENT
MOTION BY Commission member Wagner, seconded by Commission member
Dorenbush to adjourn at 7:45 p.m. Motion carried unanimously.
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Sharon Leintz, Chair
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