2009-05-12 PC Minutes
PLANNING and ZONING COMMISSION
MINUTES
May 12, 2009
Albertville Council Chamber 7:00 PM
CALL TO ORDER – ROLL CALL
Chair Leintz called the Albertville Planning and Zoning Commission meeting to order at
7:02 p.m.
PRESENT: Chair Sharon Leintz, Commission member Dale Edgren, Robert Olson, Frank
Kocon, and Scott Dorenbush, Council liaison Dan Wagner, Assistant City Planner Carie
Furhman, Zoning Administrator/Building Official Jon Sutherland, and City Clerk/Recording
Secretary Bridget Miller
ABSENT: City Planner Al Brixius
ADOPT AGENDA
Chair Leintz asked if there were any changes, additions, or deletions to be made on the Tuesday,
May 12, 2009 Planning and Zoning Commission agenda as presented. It was noted that the
agenda mailed was incorrect Subdivision Ordinance Amendment(s): Section 11-1-3 Definitions
of Stormwater Management Terms; Section 11-6-2 Preliminary Plat Submittal Requirements;
Section 11-7-5 Lot Areas to Accommodate Structure Elevations; Section 11-7-10 Drainage
System Designs; Section 11-7-12 Erosion and Sediment Control; Section 11-8-6 Drainage
System Installation and Construction; Section 11-9-1 Improvements Required for Drainage
Facilities and Systems; and should be Subdivision Regulations Amendment (Title 11, Section
11-9-4 and Section 11-9-5) – Deposit or Security Amount Required by City and Requirements of
a Bank Issuing a Letter of Credit.
MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to
approve the Tuesday, May 12, 2009 agenda as revised, which will be scanned and an electronic
copy will be kept on file in the office of the City Clerk. Motion carried unanimously.
MINUTES
Chair Leintz asked if there were any changes, additions, or deletions to be made on the Tuesday,
March 10, 2009 regular Planning and Zoning Commission minutes.
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City of Albertville
Planning & Zoning Commission Minutes
May 12, 2009
Page 2 of 4
MOTION BY Commission member Olson, seconded by Commission member Dorenbush to
approve the Tuesday, March 10, 2009 regular Planning and Zoning Commission minutes as
presented, which a signed copy will be scanned and an electronic copy will be kept on file in the
office of the City Clerk. Motion carried unanimously.
PUBLIC HEARINGS
APPROVE WAGENER CONDITIONAL USE PERMIT FOR A SECOND ACCESSORY BUILDING OVER
150 SQUARE FEET AND VARIANCE TO THE SIDE YARD SETBACK FOR A 216 SQUARE FOOT
DETACHED ACCESSORY BUILDING TO BE USED AS A PERSONAL STORAGE SHED
Chair Leintz opened the public hearing at 7:03 p.m.
Assistant City Planner Fuhrman reported that Pete Wagener had constructed a detached
accessory building that is 216 square feet in size. The detached accessory building is a second
building is over 150 square feet, which requires a Conditional Use Permit (CUP). In addition,
the structure is located within the 10 foot side yard setback; therefore, also requires a variance.
Staff has reviewed the application and noted that there does not appear to be undue hardship to
approve the variance as the structure can be relocated to meet the setback requirements.
Chair Leintz asked if any Commission members had questions or concerns regarding the
proposed approval of the Wagener Conditional Use Permit for a second accessory building over
150 square feet and variance to the side yard setback for a 216 square foot detached accessory
building to be used as a personal storage shed.
Commission members had no additional comments.
Chair Leintz asked if there was anyone in the audience that wanted to share comments or
concerns regarding the proposed approval of the Wagener Conditional Use Permit for a second
accessory building over 150 square feet and variance to the side yard setback for a 216 square
foot detached accessory building to be used as a personal storage shed.
Chad Engman of 10627 – 56th Street NE expressed his comments related to the CUP, which Mr.
Engman recommended that the Commission should deny the application for at least two (2)
reasons. First reason, the applicant constructed the storage shed prior to submitting the
application for approval; secondly, the applicant has not submitted or received approval for a
building permit prior to the construction.
Engman made it clear that if other residents in the area wanted to construct a second accessory
building, the resident would come before the City and follow the proper steps by applying for a
CUP and a Variance.
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City of Albertville
Planning & Zoning Commission Minutes
May 12, 2009
Page 3 of 4
It was brought up that there was a secondary structure on the parcel prior to the construction of
the 215 square foot new building, which is no longer on the lot. Following the comment
regarding the pre-existing shed, the question arose as to whether the applicant would be paying a
double permit fee as the structure was built without a permit and approvals.
Staff noted this is a unique situation, which the City does their best to work with the applicant
regarding fees.
The location of the 216-foot accessory building was discussed, at which the applicant did not
oppose to relocating the shed to the rear of the lot. The City Planner did notify the applicant and
reported that the City would require the structure to be moved inwards, out of the side-yard
setback and recommended planting some trees and or shrubs in front of the structure to screen it
from the front yard. The applicant would prefer to install a fence, which the Commission would
allow provided it was installed within a year of City approval.
Chair Leintz closed the public hearing at 7:39 p.m.
Chair Leintz asked for a motion from the Commission members regarding the approval of the
Wagener Conditional Use Permit for a second accessory building over 150 square feet and
variance to the side yard setback for a 216 square foot detached accessory building to be used as
a personal storage shed.
MOTION BY Commission member Dorenbush, seconded by Commission member Edgren to
DENY the Wagener Variance to the side yard setback for a 216 square foot detached accessory
building to be used as a personal storage shed with staff’s recommendations, City Planner’s
report dated Wednesday, May 6, 2009, and the Findings of Facts. Motion carried unanimously.
MOTION BY Commission member Dorenbush, seconded by Commission member Kocon to
approve the Wagener Conditional Use Permit (CUP) for a second accessory building that is 216
square feet (detached accessory building) to be used as a personal storage shed with staff’s
recommendations, City Planner’s report dated Wednesday, May 6, 2009, screening from the
accessory building shall be provided on the side yard with a six foot privacy fence, running from
the front of the garage to the back of the shed, and to be completed within one year of the
conditional use permit (CUP) approval, and; contingent upon City Council approval at the
Monday, June 1, 2009 regular City Council meeting or a meeting soon thereafter, at which time a
Resolution including the Findings of Facts will be presented. Motion carried unanimously.
OTHER BUSINESS
SUBDIVISION REGULATIONS AMENDMENT (TITLE 11, SECTION 11-9-4 AND SECTION 11-9-5) –
DEPOSIT OR SECURITY AMOUNT REQUIRED BY CITY AND REQUIREMENTS OF A BANK ISSUING
A LETTER OF CREDIT
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City of Albertville
Planning & Zoning Commission Minutes
May 12, 2009
Page 4 of 4
Assistant City Planner Furhman stated that staff has revised the proposed Ordinance Amendment
taking into account the Commission’s request relating to the 100-mile radius.
Chairperson Leintz looked to the Commission members for comments or a motion to approve the
revised Ordinance Amendment relating to the Deposit or Security Amount required by the City
as it pertains to the Letter of Credit.
MOTION BY Commission member Olson, seconded by Commission member Edgren to
approve the Subdivision Regulations Amendment (Title 11, Section 11-9-4 and Section 11-9-5)
– Deposit or Security Amount Required by City and Requirements of a Bank Issuing a Letter of
Credit with staff’s recommendations, City Planner’s report dated May 6, 2009, and; contingent
upon City Council approval at the June 1, 2009 regular City Council meeting or a meeting soon
thereafter, at which time an Ordinance Amendment will be presented. Motion carried
unanimously.
ADJOURNMENT
MOTION BY Commission member Dorenbush, seconded by Commission member Olson to
adjourn the May 12, 2009 regular Planning and Zoning Commission meeting at 7:50 p.m.
Motion carried unanimously.
_______________________________________
Bridget Miller, City Clerk/Secretary
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