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HomeMy WebLinkAbout1972 63 MINUTES PLANNING COM4ISSION SPECIAL FEBRUARY 1, 1972 The meeting was called to order at 7:30 P.M. Present: Shirley, Hebert, Hanson Also present: Mayor Daily, Zoning Officer Ford Absent: Nicolai, Sifferath Commissioner Shirley agreed to chair the meeting on a pro tem basis. He suggested that election of a chairman be deferred to meeting of February 8, 1972 (Regular) , at which time hopefully the full membership would be present. Minutes of December 28, 1971, deferred to meeting of February 8, 1972. The entire meeting was devoted to possible changes in the mobile home park ordinance as suggested in the Administrator's memo of 1/25/72. Mr. Peter Moore of the Wall Corporation and Mr. Robert Stegmaier, property owner joined in the discussion. General Comments: 3-1-5 (c) This section requires a 50' "Buffer" zone between the "Lot" line and a mobile home park boundary line abutting an R-1 zone - 20' abutting any other zone. The staff recommendation was to eliminate any language of "buffer" zone and instead refer to a building line or structure set back. The set back area could then be included in the square footage of the perimeter lot. Under no condition should the set back or "buffer" space be used in computing the 15% park land. The Developer stated that on the present basis with the subject property a maximum of 5 units per acre would be impossible and consequently not economically feasible. 3-1-6 The staff pointed out that this section would require considerable date useful only when platting. A basic decision should be made do we want to require platting? If not the whole ordinance should be rewritten along the lines of Burnsville's, adopting by reference the FHA minimum standards for Mobile Home Parks with custom amendments. The new ordinance could then stipulate exemption from the subdivision oridnance. 3-1-7 (b) This section dealing with street design could be handled in same manner as above if streets are not to be dedicated. 3-1-9 (b) This section on individual storage facilities should allow either screened or enclosed and should be moved to the operating section (prob 3-1-10) . Accessory building should be allowed, perhaps exempt from at least the side lot setback. Inspector to approve. 3-1-9 (d) This section deals with patio space, commission thought area could be reduced to 150 sq. ft. and a more general discription of type of construct- tion, i.e. , "constructed", "fabricated", "improved", "manufactured" allowing more flexibility. Should show on plat. A typical section or Typical plan could be furnished. Motion made and carried to adjourn at 9:30 P.M. Respectfully submitted, William J. Ford Zoning Officer 65 MINUTES PLANNING COMMISSION REGULAR FEBRUARY 8, 1972 Meeting called to order at 7:30 P.M. by temporary chairman Shirley. All Members present The minutes of the February 1, 1972 Special Meeting were noted as being both minutes and comments of the Zoning Officer for discussion. Pete Moore and Bob Stegmaier were also present & participated in discussion of the Mobile Home Park ordinance. The following areas of the Mobile Home Park oridinance were discussed and action taken as noted: 3-1-5 (c) Discussion of "buffer" zone and 50 ft. setback to lot line. The Commission made no change in the existing ordinance. 3-1-6 $ 3-1-7 (b) Discussion of subdivision, platting and streets. The Commission recommended the attorney to rewrite this section setting forth procedure and standards but not requiring platting. 3-1-7 (a) Discussion of 15% park & recreation area. The Commission recommended the attorney to rewrite this section to clarify the following: the "buffer" zone area shall not be included in the 15% requirement for park & recreation areas; and, in determining the 15% area, the total land within the park buffer zone interior line shall be the base. 3-1-9 (b) Incividual storage facilities. The Commission 3-1-9 (d) recommended the attorney to make the change as described in the 3-1-9 (b) & 3-1-9 (d) general comments of the Feb. 1 minutes. Shirley stated that the Village Planner, Charles Tooker, had asked the Commission to consider a possible conflict of interest on his part in representing or working for a developer. The Commission, after discussion, could see no conflict at this time. Election of chairman & vice - Chairman: Nominations for chairman: Roger Shirley Being no other nominations, Shirley was unanimouly elected by voice vote. Nominations for Vice-Chairman: Varren Sifferath Being no other nominations, Sifferath was unanimously elected by voice vote. Meeting dates: The Commission unanimously choose to resume a meeting schedule of one meeting per month to be held on the second Tuesday of each month at 7:30 P.M. in the Village Hall. Special meetings would be held as needed by call of the Chairman. The next regular meeting is Tuesday, March 14, 1972. Adjourned - 9:50 P.M. Ken Hanson Acting Secretary 67 ` MINUTES PLANNING COMMISSION REGULAR MARCH 14, 1972 The meeting was called to order at 7:30 by Chairman Shirley Present: Shirley, Hanson and Sifferath Absnet : Nicolai and Hebert Also Present: Administrator Ford Motion by Sifferath, second by Hanson that the minutes of December 28, 1971 and February 1, 1972 be approved except as noted in the minutes of February 8, and that the minutes of February 8, 1972 be approved. Voting for: Shirley, Hanson, Sifferath. Voting against: None. Absent: Hebert, Nicolai. Motion carried. Motion by Sifferath, second by Hanson that the request of Norbert Styer for a sidelot set-back variance at 9 7th street be deferred to the meeting of April 11 to allow him time to see whether he could purchase additional ad- joining land. Voting for: Shirley, Sifferath, Hanson, Hebert. Voting against: None. Absent: Nicolai. Motion carried. Motion by Sifferath, second by Hanson that the request of Clarence Krech for a side-lot set-back variance at 300 8th Street be denied at this time on the grounds that hardship has not been shown but that this action be reviewed at the meeting of April 11, in the light of a working definition of the terms "front" and "side" to be developed by the Administrator. Voting for: Shirley, Sifferath, Hanson, Hebert. Voting against: None Absent: Nicolai. Motion carried. Mr. Charles Tooker, representing the Dakota Holding Corporation made a presentation of a proposed plat entitled "Pilot Knob Estates" - Transitional Plat. The proposed plat showed 86 total single residential lots on a total area of 53 acreas. The developers requested a favorable recommendation of the Planning Commission so that the Council could be requested to set a public hearing. Motion by Sifferath, second by Hanson that the Planning Commission recommend tentative approval of the above plat subject of addi- tional detailed data and review and comments by the Engineer. Voting for: Shirley, Sifferath, Hanson, Hebert. Voting against: None. Absent: Nicolai. Motion carried. The Administrator advised the Commission that the Council was seeking their opinion on a question that had arisen concerning building application permit fees. The question is whether or not its appropriate for the Village to continue to include in the cost figure, which is used in computing the fee, the cost of electrical and plumbing since we have not adopted a code on these items and do not render specific inspections. Motion by Sifferath, second by Hanson that the fee schedule procedure in the village be changed by subtracting from the total cost electrical and plumbing and any other non- structural building costs. Voting for: Shirley, Hanson, Sifferath. Voting against: Hebert. Absent: Nicolai. Motion carried. At this point Commissioner Sifferath was excused to attend a meeting of the Farmington 100 group in another part of the building. Motion by Hebert, second by Hanson that the request of Thomas Thorne for a Special Exception to add a bedroom to a single Family dwelling in a B-3 zone at 209 1st Street be denied on the grounds that no hardship was shown. Voting for: Shirley, Hanson, Hebert. Voting against: None. Absent: Nicolai, Sifferath. Motion carried. The matter of zoning for the newly annexed 3 acre site of the proposed new supper club was deferred to April 11, 1972. Motion by Hanson, second by Hebert that the request of the special exception by Farmington 100 to park a 68 X 14 Travel Trailer as a Centennial Sales and Display office temporarily on the NW corner of 3rd and Elm be granted and that the fee be waived. (Special exception #2 B-3 zone) . Voting for: Shirley, Hanson, Hebert. Voting against: None. Absent: Nicolai, Sifferath. Motion carried. 68 Motion by Hanson, second by Hebert that the request of the special exception by Farmington 100 to park 68 X14 Travel Trailer as a Centennial Sales and Display office temporarily at Townsedge Shopping Center be granted and that the fee be waived. (Special Exception #5 B-1 zone) . Voting for: Shirley, Hanson, Hebert. Voting against: None. Absent: Nicolai, Sifferath. Motion carried. Motion made and carried to adjourn at 10:00 P.M. Respectfully submitted, William J. Ford Village Administrator 69 MINUTES PLANNING COMMISSION SPECIAL MARCH 28, 1972 Meeting called to. order at 7: 30 P.M. by the Chairman. Present : Chairman Shirley, Commissioners Hanson, Hebert , and Nicolai. Absent : Commissioner Sifferath Also Present : Administrator Ford Review of the minutes of March 14 was deferred to the next meeting. Mr . Henry Feilen appeared before the commission to discuss the pro- posed plat of Pilot Knob Estates-Transitional Plat which earlier had received a favorable recommendation by the commission but which had been referred back to the commission by the Council for clarification of specific points. Motion by Nicolai, second by Hanson that the commission recommend that the requirements of 11-6-2 be waived in reference to concrete monuments and further the commission recommend to the Council that the ordinance be amended in section 11-6-2 by striking the first sentence "MONUMENTS. . . Subdivision" . Voting for: Shirley, Hanson, Hebert , Nicolai. Voting against : None. Absent : Sifferath. Motion carried. Motion by Hanson, second by Hebert that the Commission recommend that the requirements of 11-6-3(B) be waived in that the proposed plat is transitional and that instead a portion of the black top paving be "rolled up" to form a curb. Voting for: Shirley, Hanson, Hebert , Nicolai, Voting against : None. Absent : Sifferath. Motion carried. The commission took no action on the developers request to categorically waive the 8" base requirement under 11-6-3(C) . Motion by Hebert, second by Hanson that the commission recommend that the timing of the requirement as to paving under section 11-6-3(D) is expressed as follows: "No resident within the plat at any time will be required to travel over unpaved streets to reach CSAH 31" . Voting for: Shirley, Hanson, Hebert, Nicolai. Voting against : None. Absent : Sifferath. Motion carried. Motion by Hebert, second by Nicolai that the commission expresses a consensus of desiring street lighting provided for in the subdivision within the limitations and requirements of the ordinance and within uniformity of treatment to other sub-divisions and further that the street lighting wiring be underground. Voting for : Shirley, Hanson, Hebert , Nicolai. Voting against : None. Absent : Sifferath. Motion carried. Motion by Hanson, second by Hebert that the commission recommend that the street designations and rights of way be designated as follows : CSAH 31 - Regional Street - 100' "Asher" Street Collector Street - 70' All others Local Streets - 60' Voting for : Shirley, Hanson, Hebert , Nicolai . Voting against : None. Absent : Sifferath. Motion carried. Motion by Nicolai, second by Hanson that the commission recommend that the area encompassed by the proposed plat be designated as a utility transitional area. Voting for: Shirley, Hanson, Hebert , Nicolai. Voting against : None. Absent : Sifferath. Motion carried. Mr. Feilen stated that his submission of this proposed plat for approval does not include a request that improvements be put in by the Village and he agrees to furnish surety to the Village for the installation of these improvements in accordance with 11-3-4(A)-2. Mr. Feilen was informed that these recommendations would be presented to the Council at the meeting of April 3, which, depending upon action by the Council, would result in the earliest date for publication of April 6, and the earliest date for hearing of April 17, 1972. 70 Mr. Richard Hunter, Mr. Herman Hagen and Mr. Ralph Nordine appeared befor the commission to informally discuss with them the problems that might be encountered in constructing a substantial addition to the existing Farmington Lutheran Church. After extensive discussion it was the consensus of the commission that the ordinance be amended regarding setback requirements and off street parking in of churches and schools. Motion by Hebert , second by Nicolai that section 10-10-3 be amended to require under the "Use" column for church and school a requirement of one parking space per 10 seats in principal assembly room. Voting for: Shirley, Hanson, Hebert , Nicolai. Voting against : None. Absent : Sifferath. Motion carried. Motion byBebert , second by Nicolai that section 10-8-1(D) be amended by deleting the caption block "Minimum side or rear yard abutting any lot in any "R district" and that that language be replaced by "Minimum side or rear yard distance to any other "R" lot line" . Voting for : Shirley, Hanson, Hebert, Nicolai. Voting against : None. Absent : Sifferath. Motion carried. Motion made and carried to adjourn at 10 :00 P.M. Respectfully submitted, William J. Ford Village Administrator 71 • MINUTES PLANNING COMMISSION REGULAR APRIL 11, 1972 The meeting was called to order by the Chairman at 7 :45 P.M. Present : Chairman Shirley, Members Hanson, Nicolai, Sifferath. Absent : Member Hebert II Also Present : Administrator Ford Motion by Nicolai, second by Hanson that a minimum width lot variance from 60 to 52 ft . be granted to Donald Whittier at 305 Main Street contingent upon the Council granting a subdivision replat waiver . Voting for : Shirley, Hanson, Nicolai, Sifferath. Voting against : None. Absent : Hebert . Motion Carried Motion by Sifferath, second by Nicolai that the request of Roger Thompson for a sidelot variance from 10 to 5 ft . at 513 Heritage Way be denied for lack of proved hardship . Voting for : Shirley, Hanson, Nicolai, Sifferath. Voting against : None. Absent : Hebert . Motion carried. Motion by Hanson, second by Sifferath that the request for a sidelot variance from 6 to 2 ft . by Norbert Styer at 9 7th Street be deferred to the next meeting. Voting for : Sifferath and Hanson. Against : Shirley. Abstained: Nicolai. Absent : Hebert . Motion carried. The Planning Commission reaffirmed their denial of a sidelot variance to Clarence B. Krech at the meeting of March 14, 1972, and that Mr. Krech be informed that it has been impossible to develop a workable definition of "front" , "rear" , "side" . That it will be board of review policy to allow the zoning officer to make this distinction in each case as a finding of fact and to allow the applicant to appeal the finding of the zoning officer in each case. In making such determination both the zoning officer and the board of review must be guided by the intent of the ordinance. Motion by Nicolai, second by Shirley that the Planning Commission recommend the Council that the entire three acre tract of the new proposed Supper Club be zoned I-1. Voting for : Shirley, Nicolai, Sifferath. Voting against : Hanson. Absent : Hebert . Motion carried. Action was deferred on the following: 1. Possible amendments to the Mobile Home Park Ordinance. 2. Possible uses and controls of newly acquired land adjacent to the Village Hall . Motion made and carried to adjourn at 10:00 P.M. Respectfully submitted, William J. Ford Village Administrator 73 • MINUTES PLANNING COMMISSION REGULAR MAY 9, 1972 The meeting was called of order by the Chairman at 7 : 30 P.M. Present : Chairman Shirley, Members Hanson, Hebert , Nicolai Absent : Member Sifferath Also Present : Administrator Ford Motion by Hanson, second by Nicolai to approve the minutes of 4/11/72. Voting for : Shirley, Hanson, Hebert , Nicolai . Voting against : None. Absent : Sifferath. Motion carried. The public hearing for 7:30 P.M. was opened by the Chairman. It dealt with the request of Farmington Agency for a minimum lot width variance of from 60' to 52 ' at 305 Main. The Council had earlier granted a subdivision platting waiver. It was discovered that the house next door was 2 feet over the lot line. Motion by Nicolai, second by Hanson that the variance be granted. Voting for: Shirley, Hanson, Hebert , Nicolai . Voting against : None . Absent : Sifferath. Motion carried. The Commission noted that the appeal of Norbert Styer for a side lot variance at 9 7th Street had been withdrawn. The request of Farmington Lutheran Church for a variance of "R" District Buffer (10-8-1(D) was deferred to next meeting. Mr. Peter Moore and Mr. Robert Stegmaier presented a final plan of the Mobile Home Park proposed in Section 13 . The Commission had some reservations as to the nature of the "Pond" shown in. the Park and Recreation Area. They felt if it were to be a surface drainage ponding area that it should not be included in the 15% park and rec area requirement. Also there was a question about whether it would have water year-around. Their next step is to bring in the topos, detailed plot plan and profiles, individual site typical section and soil boring results . They were to consult with the village Engineer as to aerial photos and sewer and water system placement and design. The commission had been asked by the Council for their comments concerning the interim use to which the newly acquired land adjacent to the Village Hall might be put . They recommended that it be used as a municipal parking lot and that it be improved. They declined to address themselves to other factors which they believed to be the responsibility of the Council , i. e. (a) How the improvement and maintenance should be financed- assessment of property owners, general fund, rental, fee, etc. (b) Should a base plan be drawn (c) Should it include landscaping or sufacing only. Motion made and carried to adjourn at 9 : 30 P.M. Respectfully submitted, William J. Ford Village Administrator 75 MINUTES PLANNING COMMISSION REGULAR JUNE 13,' 1972 The meeting was called to order at 7 : 30 P.M. by the Chairman Present : Chairman Shirley, Members Hanson and Hebert Absent : Members Sifferath and Nicolai Also Present : Administrator Ford Mr. Anderson and Mr. Areneson representing the Dakota County Housing and Urban Development Authority appeared before the Commission to explain the structural operations and objectives of that agency. The central purpose of their visit was to measure the willingness of the Village of Farmington to par- ticipate within the County HUD setup. The County representatives agreed to forward more informational material and data to the Commission after which the proposal would again be reviewed. The Commission reviewed a request for variance by the Farmington Lutheran Church which had come before them several weeks earlier. It was determined that no action need be taken on this request since the ordinance had now been amended which removes the set back limitations on which the request was based. The zoning officer was requested to inform the applicant of this fact . The Zoning Officer discussed with the Commission the possible need for a sidelot setback in conjunction with the proposed new Black Stallion West Supper Club. The need had arisen from the negotiations under way which would provide for the addition to the Supper Club of 3600 sq. ft . which would then be leased to the Village for a municipal Off-Sale liquor outlet . Specifically the set back would be required to allow for the entire building to front on TH 3 precluding the necessity for the Off-sale store to be located in the rear out of view of the traveling public. This, of course, would be to the advantage of the village. It was cited that the liquor license and attendant construction was specifically exempted from the village ordinance and that , therefore, a variance might technically be not needed, however, the request was being made, it was pointed out in a spirit of cooperation between the Council and the Committee and to forego the establishment of a precident . It was emphasized that although technically therequest was being made by a private party (Black Stallion West) , the need for the off-set and thus the need for the varinace was occasioned by the addition of the proposed village lease hold of the property. In other words if the village does not consummate a lease agreement the owners would not build the additional space and would have no need for the variance. It was the consensus of the Commission that (a) The zoning of I-1 for that area was done primarily to accomplish the long range objective of extending the zoning district easterly, (b) the immediate land use was probably more compatible with a B-1, road side business use (c) the minimum side lot set back in B-1 is 10 ft. and (d) a 10 ft ., set back variance would be consistant with the intent of the ordinance, would produce sub- stantial justice and would promote the public interest . Motion by Shirley, second by Hebert , that a public hearing be set for 7: 30 P.M. on July 11, 1972, to consider the request for side lot variance of from 25 ft . to 10 ft . on the south side of 10 North 8th Street. A.P. I .F. Motion carried. Motion made and carried to adjourn at 9:00 P.M. Respectfully submitted, William J. Ford Village Administrator 77 MINUTES PLANNING COMMISSION REGULAR JULY 11, 1972 The meeting was called to order by the Chairman at 7 :30 P.M. Present : Chairman Shirley, Members Hebert , Hanson and Sifferath. Also present : Administrator Ford The public hearing previously advertised at 7 : 30 P.M. was opened. The purpose of which was to review the request of Black Stallion West for a side lot variance at 10 N. 8th Street (appeal #27) . Motion by Hebert, second by Shirley that the variance be granted based on the reasons as outlined in the minutes of June 13, 1972 . APIF, motion carried. The Planning Commission requested to the Administrator to forward to the Mayor the name of Kenneth Hanson, Jr . , as their nominee for Planning Commission member to the Human Rights Commission. Motion made and carried to adjourn at 8: 15 P.M. Respectfully submitted, William J. Ford Village Administrator 79 MINUTES PLANNING COMMISSION REGULAR SEPTEMBER 12, 1972 The meeting was called to order at 7: 30 P.M. Present : Chairman Shirley, Members Hebert , Nicolai, Sifferath Absent : Member Hanson Also Present : Administrator Ford, Building Inspector Dan Miller Mr . Rudolph Jaeger presented his proposal to put Multiple Dwellings in the R-1 zoning district immediately east of Henderson Addition was discussed. The consensus of the Commission was : (a) They might look for upon a special exception (b) They would look unfavorable upon granting of any variance (c) A satisfactory plat would have to be presented Commissioner Hanson arrived at 8 : 30 P.M. Mr. John McCann appeared on behalf of Midwest Federal requesting permission to convert to multiple residential the second story of Townsedge Shopping Center. There was considerable discussion in this matter as to the interpretation and intent of the zoning ordinance. The Commission was substantially in agreement that the ordinance would prohibit this land use and that the only basis on which it could be done would be under grandfather rights, estab- lishing a pre-existing non-conforming use. Motion by Sifferath, second by Hanson that Mr. McCann be instructed to come back with evidence that the land use had existed prior to the ordinance. Voting for: None. Voting against : Hebert , Nicolai , Shirley. Abstaining: Hanson and Sifferath. Motion denied. Motion by Nicolai, second by Hebert that the appeal of Midwest Federal from the zoning officer' s ruling be denied and the request to convert the second story of the shopping center to residential be found to be prohibited by the zoning ordinance, further that grandfather rights do not apply in that the pre-existing use was not established, further that any intent as shown by the type of construction is canceled by the self-induced aspect of any alleged hardship. Voting for: Nicolai, Hebert , Sifferath, Shirley. Voting against : None. Abstaining: Hanson. Motion carried. The Planning Commission discussed with Building Inspector Dan Miller the circumstances involving the construction of a garage at the residence of Clarence Krech at 301 8th St . in apparent violation of the ordinance and under circumstances of denial of a variance by the Planning Commission. The Zoning Officer was requested by the Commission to talk to the Mayor in an attempt to clear up the confusion. Motion made and carried to adjourn at 10: 00 P.M. Respectfully submitted, William J. Ford Village Administrator 81 MINUTES PLANNING COMMISSION SPECIAL SEPTEMBER 22, 1972 The meeting was called to order at 7 : 35 P.M. Present : Chairman Shirley, Commissioners Hebert, Hanson and Sifferath Absent : Commissioner Nicolai Also present : Administrator Ford Motion by Sifferath, second by Hanson that the Commission concur in the finding of the Zoning Officer that the request of Kingdom Hall Church to pave an existing parking lot would not constitute an expansion of an existing non-conforming use nor would it be incompatible with or detrimental to adjacent property use. APIF, Motion carried. The commission members asked the Zoning Officer that they be furnished with an agenda prior to each meeting if possible. Motion by Hebert , second by Hanson that the regular meeting night of the Planning Commission be changed to 7: 00 P.M. the 4th Tuesday of the month beginning with the October, 1972 meeting. AFIF, Motion carried. The Commission members asked that Consulting Engineer Don Blaisdell and Village Planner Charles Tooker be invited to the next meeting, October 24, 1972, for a general discussion of problems confronting the Village. The Zoning Officer informed the Commission that he had apparently . failed to notify Mr. Rudolph Jaeger that this meeting had actually been called. The Commission then requested the Zoning Officer to inform Mr. Jaeger that the Commission had not changed its position regarding Mr. Jaegers proposal for Multiple Dwellings immediately east of the Henderson Addition, i. e. , (a) A special exception would be considered (b) A variance would not be considered (c) A satisfactory woudl have to be presented Motion made and carried to adjourn at 8 :00 P.M. Respectfully submitted, William J. Ford Zoning Officer 83 MINUTES PLANNING COMMISSION REGULAR OCTOBER 24, 1972 The meeting was called to order by the Chairman at 7 : 30 P.M. Present : Chairman Shirley, Members Hanson, Nicolai, Sifferath Absent : Member Hebert Also present : Administrator Ford and Engineer Blaisdell Motion by Sifferath, second by Nicolai that the minutes of September 22, 1972 be approved by amending paragraph 3 , line 2 to read 7: 30 P.M. instead of 7 :00 P.M. APIF, motion carried. Motion by Nicolai, second by Sifferath that the minutes of July 11, 1972 and September 12, 1972 be approved as presented. APIF, motion carried. Mr. Rudolph Jaeger appeared at an advisory meeting to discuss the possibility of two 8-unit multiples in an area immediately east of Henderson Addition along TH 50. A lengthy discussion took place and Mrs. Lulu Henderson, property owner was in the audience and joined in. Mr. Jaeger sought a lot minimum area variance of from 34, 5000 sq. ft . to 20, 150 sq. ft . and a special exception for multiples in the R-1 zoning district . The con- sensus of the Planning Commission was : 1. A special exception might be considered under certain conditions. 2 . No variance for density would be considered. 3. Rezoning to R-2 or R-3 might be considered for an area along TH 50. 4. No developments could be considered unless municipal services were provided. 5. Small developments would not be looked upon favorably unless they were part of a larger plan and the expanded municipal services were constructed for a much larger area. 6. Piece meal development appears to be unworkable, expensive and detrimental to comprehensive planning and becomes prima facia evidence that the area is in need of municipal services. No action taken in the matter. The Planning Commission engaged in a General discussion with the Engineer that centered around area wide planning, engineering and construction. The Planninc Commission thought it would be productive to have an informal meeting with the Council to discuss these broad principals and philosophies of community development and land use. They asked the Administrator to arrange it . Mr. Clarence Krech appeared seeking relief from a stop order on his residential garage at 300 8th St . , Mr. Krech had been denied a side lot variance by the BOA on April 11, 1972. He was informed of this by letter on May 2 , 1972. He obtained a building permit (No. 72-35B) on June 4, 1972 showing he intended to observe the west lot line set back. The Building Inspector issued a stop order on or about September 20, 1972 as being not in accordance with the permit or the ordinance. It was pointed out that this was the first instance in which a lot with more than one side was exposed. A working definition was difficult to construct that would apply in all situations. The applicant in this case had disagreed with the Zoning Officer and the BOA as to "side" lot and in any case thought a hardship existed indigenous to his situation. The BOA posed several questions to Mr. Krech as to whether or not he had proceeded in defiance of their order based on some unofficial and illegal representations made by individuals of authority. Mr. Krech assured the Board that this was not the case. His predicament , he said, was caused by misunderstanding and confusion . 84 Motion by Sifferath, second by Hanson that the appellant be granted retroactively a side lot variance of from 6 ft . to 2 ft . on the grounds that sufficient evidence existed to support the contention that the appellant was in violation due to misunderstandin and confusion and further that a hardship had now been established on information not presented at the earlier hearing. Voting for : Hanson, Sifferath. Voting against : Shirley. Abstaining: Nicolai. Absent : Hebert . The Chair ruled that a quorem being present and a majority of those voting being in favor, the motion carries. Motion made and carried to adjourn at 10 :00 P.M. Respectfully Submitted, William J. Ford Village Administrator 85 MINUTES PLANNING COMMISSION SPECIAL NOVEMBER 14, 1972 The meeting was called to order by Chairman Shirley at 7 : 30 P.M. Present: Chairman Shirley, Members Hanson and Hebert Absent : Members Nicolai and Sifferath A request for a sign overhang variance (Sec 10-10-7) by Jim Haugen Ford at 301 Elm Street, was put on for public hearing at 7 : 30 P.M. , December 7 , 1972 . A request for a special exception by F.A.A. , 512 Division Street was put on for public hearing at 8 : 00 P.M. , December 7 , 1972 . Motion made and carried to adjourn at 9 : 00 P.M. Respectfully submitted, William J. Ford Village Administrator 87 MINUTES PLANNING COMMISSION SPECIAL DECEMBER 7, 1972 The meeting was called to order at 7:30 P.M. by Chairman Shirley Present: Chairman Shirley, Members Hanson, Nicolai and Sifferath Absent: Member Hebert Also Present: Administrator Ford 111 The Chairman opened the public hearing previously advertised in the matter of a request for variance by Jim Haugen Ford, 301 Elm St. , for the overhang of a free standing sign under title 10, chapter 10, section 7 (I)-3 of the village code. A lengthy discussion took place among the commission members and repre- sentatives of the Ford agency who were in attendance. Some members felt that a particular hardship would be worked upon the applicant if a variance were not granted. Others felt that no basis existed for a hardship but that perhaps this section of the ordinance should be amended on the basis of servicing no useful purpose and especially so since so many signs now existed in apparent violation of the ordinance under grandfather rights. Motion by Nicolai, second by Hanson that the above variance be granted. Voting for: Shirley, Nicolai and Hanson. Voting against: Sifferath. Absent: Hebert. Motion carried. The Chairman opened the public hearing on the request for a special exception by the FAA Control Center, 512 Division Street. The request for special excetion to enlarge a continuing non-conforming use, public building in R-2 zoning district, under Title 11, Chapter 7, section 1(C) . The Commission determined that the application made by the Federal goverment in this case, was made in a spirit of cooperation with local goverment, that the ordinance very probably could not be enforce against the applicant and that to deny the special exception would accomplish nothing. Also, one special exception had already been granted in the previous year for an addition to the existing control center. To grant one special exception and to deny a subsequent special excetion would probably not make any sense. Motion by Sifferath, second by Nicolai that the above special exception be granted. APIF, motion carried. Mr. Gil Gilbertson, representing Westview Acres, Inc. , Appeared before the Planning Commission for an informal and extremely preliminary discussion involving possible changes to the existing plat of West View Acres. It was Mr. Gilbertsons intention to obtain from the Commission a general attitude toward what he had in mind for developing the area rather than seeking specific answers to specific questions. However, during the course of the informal discussion there appeared to be five specific items to which the Commission was able to address itself specifically: 1. PARK LAND - The Commission felt that the preliminary drawing, which Mr. Gilbertson presented, would not be acceptable in that it provided for no park or recreation area in the replat. The Commission informed him that they might look favorably upon a combination of park land plus cash donation with the basis of the amount of cash to be negotiable.. But that some parkland and/or cash would have to be included in the proposal. 2. SCHOOL PEDESTRIAN ACCESS - The Commission felt that the preliminary drawing presented was unsatisfactory in that it-did not provide and type of public thoroughfare from the core of the development onto the adjoining school grounds. The Commission felt that this could be bad design in that school Children might be encouraged to gain access to the school grounds from the development across private lots. They felt that the revised plan should correct this situation. 3. CURBING - The Commission informed Mr. Gilbertson that in this particular subdivision they would undoubtedly insist on the installation of curbs but that they would have no objection to the use of a low profile curb subject to the recommendations of the Village Engineer. 4. COMMERCIAL LAND USE - The commission informed Mr. Gilbertson that they would not categorically preclude rezoning from R-3 to a commercial zoning if a satisfactory plan were presented to them. 5. PLANNED UNIT DEVELOPMENT - The Commission informed Mr. Gilbertson that they would have no categorical objection if he were to propose a replat of the area based on the planned unit development provisions of the Village Code, assuming of course, the overall plan were acceptable. There was an informal discussion with Mr. Gilbertson concerning the timing of his proposed replat. He was bothered by the January 1 cut off date, established by the council for the ordering of feasibility studies for any public improvement project. It was decided that it would be entirely impossible for him to complete the plat approval steps prior to that date and that instead what he would do 88 would be to prepare his preliminary plat for presentation to the Planning Commission at its next regular meeting. The presentation of this preliminary plat, however, would be considered as an extension of his advisory meeting held this night. Also it was agreed that he would attempt to prepare a drawing or plan for presentation to the Counicl prior to January 1, which contain enough information to enable the Council to order a feasibility for municipal improvments required in the replat. The reading of the minutes for October 24, and November 14, was deferred until the next regular meeting. Motion made and seconded to adjourn at 9:45 P.M. Respectfully submitted, Willaim J. Ford Village Administrator cc: Gil Gilbertson West View Acres Plat File 89 MINUTES PLANNING COMMISSION REGULAR DECEMBER 26, 1972 • The meeting was called to order at 7:30 P.M. by the Chairman Present: Chairman Shirley, Members Hanson, Hebert, Nicolai and Sifferath Also Present: Administrator Ford The minutes of the previous meeting were deferred Mr. Gil Gilbertson again appeared before the Commission at a continuation of the advisory meeting in the review of the proposed rearrangement of Westview Acres Plat. Out of the meeting the following clarifications: 1. That the Planning Commission would not look unfavorably toward some sort of commercial rezoning in the southwest area of the proposed plat. 2. Although apparently the park area provided on the sketch was some- what below the required area, it was the consensus that this item was negotiable. 3. That the Planning Commission would have no objection to a low pro- file curb not withstanding an objection from the Engineer 4. That all streets indicated on the sketch would be designated local streets with the normal requirement as to R/W width and traveled road- way width in title 11 of the Village code. 5. It would be the responsibility of the Developer to secure a street dedication from the property owner to the south who is an exception to the plat. 6. The Commission would have no basic objection to cul-de-sacs so long as they were designed within the criteria of title 11, but that there could be serious objection to any cul-de-sac whose total area was not paved. The Commission informed Mr. Gilbertson that he should now proceed with the next required step of the procedure under title 11, which would be the preparation and submission of the preliminary plat. The requirements of which are sited in section 11-4-3 and the procedure for which is sited in section 11-3-3. The Zoning Officer presented to the Planning Commission a proposal by Townsedge Shopping Center which involved the moving of a lot line approximately 20 feet and the relocation of certain garages which are now constructed on the Townsedge plat. The Zoning Officer was instructed to inform the developer that the data furnished was incomplete and not in enough detail in order for a decision to be made by the Planning Commission. Additional and more accurate information was to be requested of Townsedge Shopping Center. Motion made and carried to adjourn at 10:30 P.M. Respectfully submitted, William J. Ford Village Administrator