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HomeMy WebLinkAbout1975 I I. I '. APPROVED "I' 1 :~!~) ~, MINUTES PLANNING COMMISSION REGULAR JANUARY 28, 1975 The meeting was called to order by the Chairman at 7:30 P.M. Present: Chairman Shirley, Members Endres, Hanson, Hoyer, Nelson Members Don Endres and Edward Nelson were introduced to the sitting members. The Chairman made a statement for the record that the new members had executed an Oath of Office and had been provided with their planning commission kits. Motion by Hanson, second by Hoyer that Roger Shirley be elected as chairman for the year of 1975 and that no other officers be designated. AIF, motion carried. Bob Meehan, HRA member, appeared to discuss with the Planning Commission, the problems encountered in the off-street parking requirement when applied to the downtown area and when reviewed within the context of the HRA plan. The Com- mission agreed that it was very cumbersome at this point and that some modifi- cations would undoubtedly be necessary. They did, however, decide that no action should be taken at this time and at least until after the results of the parking survey, which had been authorized by the Planning Commission, was completed. They stated that in the mean time they could continue to grant variances in specific instances based on the merit of each case. Gunner Mortenson requested that the Planning Commission recommend to the council the rezoning of a portion of property described as the North 140 ft. of Outlot 2, Chateau Manor. After some discussion it was agreed that such action, in the opinion of the Planning Commission, would not be consistent with the intent of the zoning ordinance. No action taken Upon request of the Farm Service Association for a height variance at 211 Main Street - Motion by Hoyer, second by Nelson that a public hearing be set for 7:30 P.M., February 18, 1975, and that notice of same be published. AtF, motion carried. The commission discussed briefly a memo from the City Administrator which indicated the desire of the Park and Recreation Commission to have the City's present or- dinance reviewed in regard to the required dedication of parkland in conjunction with platting or developing. This matter was laid over to February 18, 1975. Motion made and carried to adjourn. Respectfully submitted, Roger Shirley Chairman RS/kf APPROVED '-It, 1915 3 I MINUTES PLANNING COMMISSION REGULAR FEBRUARY 18, 1975 The meeting was called to order at 7:30 P.M. by the Chairman Present: Chairman Shirley, Members Endres, Hanson, Hoyer, Nelson Also Present: Intern Rick Anderson Motion by Shirley, second by Hanson that the minutes of January 28, 1975, be approved with the following amendment. Paragraph 6, the address of 211 Elm be changed to 211 Main Street. APIF, motion carried. The first order of business was to discuss and grant a height variance, appeal No. 40 to Farm Service Association. Motion by Hoyer, second by Nelson to grant a height variance to go as high as 57.8 feet to Farm Service. APIF, motion carried. The next discussion centered around the subject of parkland or equivalent contribution by residential or commerical/industrial developers. The present policy is to take deed to land amounting to 5% of the gross area of a residen- tial plat. . Motion by Hanson, second by Nelson that the Planning Commission recommend to the council that Title II, Section 5, Paragraph 2 of the City code be amended as follows: I 1. 2. 3. That the city require a dedication or cash equivalent of 10% from all residential plats. The option of land or cash equivalent belongs to the City. Cash equivalent contribution will be 10% of the fair market value of the gross raw land area. Land contribution will be 10% of the gross raw land area within the plat. 4. A credit will be allowed for organized recreational facilities within a plat i.e., swimming pool, tennis courts. APIF, motion carried. The recently completed parking survey was discussed next. It was decided to let the survey go to the HRA for comment. The Planning Commission requested copies sent to: HRA, Council, Chamber of Commerce President, Dakota County Tribune and the Industrial Development Corporation. Motion by Endres, second by Nelson to approve the payment of $600.00 to Charles Tooker for planning services rendered January 2 through 14, 1975. Voting for: Shirley, Endres, Hanson, Nelson. Voting against: Hoyer. Motion carried. Motion by Shirley, second by Hanson to adjourn at 8:45 P.M. APIF, motion carried. . I Respectfully submitted, Richard D. Anderson In te rn RDA/kf I I I ~,n('n .Lc~,!' L MINUTES PLANNING COMMISSION REGULAR April 15, 1975 Present: Absent: Chairman Shirley, Member Nelson Members Hoyer, Hanson, Endres Being no quorum, the Chairman did not call the meeting to order. Rick Anderson, Administrative Assistant talked to Shirley and Nelson on the proposed Housing For the Elderly Project - FHRA Project Acq-75-1-Al. He informed them that to accomplish the project, the zoning ordinance would have to be amended in the area of density and parking. The two present didn't see any real big problem in accomplishing this. Respectfully submitted for the Chairman Richard D. Anderson Administrative Assistant RDA/kf 5 P?5 7 I MINUTES PLANNING CCMv1ISSION MEETING REGULAR MAY 20, 1975 ('UK' n ' APPROVED'~ l,.. " m75 The meeting was called to order by the Chairman at 7:30 P.M. Present: Chainnan Shirley, Members Endres, Hanson, Hoyer, and Nelson Mr. James Waring of the Dakota County Planning staff gave a slide presentation and outline of the proposed Flood Plain Ordinance. Fannington does regulate the building along the Vennillion River through the zoning of a C-l or Conservation area. Also discussed very briefly was shoreland zoning. Both items were taken under advisement. Mr. Bernard Murphy was present to request a mobile home variance for his pro- perty north of Highway 50 on Easter Ave. After discussion of the reasons for the mobile home and the expectation of similar requests in the future, it was decided to expand the section of the City Code dealing with Mobile Homes. Mr. Ford offered to come up with a possible code to be considered at a future meeting. A special meeting was set for Tuesday, May 27, 1975, at 7:00 P.M. for the above matter and any other material needing attention. I A request for a home occupation variance at 1404 Lower Heritage Way was con- tinued until more infonnation about the type of business to be conducted is available. None of the interested parties were present at the meeting. The request of the Ministerial Association to amend the Billboard Ordinance was denied. Billboards are only allowed in Industrial and Agricultural areas. We do not want billboards in a residential area and the North, South and East entrances to Fannington are residential areas. It is possible for these billboards to be located in Castle Rock or Empire Townships if they do not regulate against them. There was discussion concerning the sign ordinance and its problems centered on the enforcement angle. No decision was made on any of the problems. Mr. Ford brought everyone up to date on the HRA developments. Motion made and carried to adjourn at 10:20 P.M. Respectfully submitted, Roger Shirley Chainnan I RS/kf y APPROVED~o. JUL. 1 5 19"15 I MINlITES PLANNING COMMISSION SPECIAL MAY 27, 1975 The meeting was called to order at 7:00 P.M. Present: Chairman Shirley, Members Endres, Hoyer and Nelson Absent: Member Hanson Motion by Endres, second by Nelson to approve the minutes of 2/18/75 and 4/15/75. APIF, motion carried. The appropriate changes were made in the proposed mobil home ordinance. Motion by Nelson, second by Hoyer reconnnending to the City Council that this mobi1 home ordinance be accepted and incorporated into the existing ordinance. APIF, motion carried. There was a discussion on parking problems in the downtown area. Motion by Shirley, second by Endres that the following reconnnendations be made to the Ci ty Council: 1. Drop all parking restrictions in the current HRA defined area and allow the HRA to handle each case separately. 2. Encourage the use of municipal lots whenever possible. APIF, motion carried. ,:1 A bill was received from Charles Tooker on the parking survey in the amount of $900. It was pointed out that in the minutes of October 8, 1974 the amount of $1200 was approved for that project. Mr. Tooker had previously been paid paid $600. The bill rendered for $900 exceeds the limit by $300. Motion by Shirley to approve payment to Mr. Tooker for $900 died for lack of a second. Motion withdrawn. The members stated that they were unhappy with the amount of in- fonnation received on parking survey and asked what work had been done between the dates of February 4 - 14, 1975. There was a discussion of a real estate sign within platted. Title 10, Chapter 10, Section 6 (c) should be changed to allow a larger than 8 square foot sign. They asked what surrounding areas required. Motion by Hoyer, second by Nelson that the Planning Connnission reconnnend to the council that the Official Street map as submitted be approved. APIF, motion carried. Motion by Shirley, second by Nelson that the Planning Connnission reconnnend to the council that high density multiple use structures be allowed in the current HRA defined area. Specific limits to be arrived at after consulting wi th the HRA and/or city planner. APIF, motion carried. Motion made and carried to adjourn at 8:17 P.M. I Respectfully submitted, Roger Shirley Chainnan RS/kf I I I .41 i'll'K'n APPROVED ,41 \ J J\U (:; 1 9 1975 MINlITES PLANNING COMMISSION MEETING REGULAR JUNE 17, 1975 The meeting was called to order by the Chainnan at 7: 30 P.M. Present: Chairman Shirley, Connnissioners Endres, Hoyer, Nelson Excused: Connnissioner Hanson arrived later Also Present: Zoning Administrator Ford The Planning Connnission reviewed a building permit application for 601 Walnut St. which requested permission to attach a new carport to an existing structure. The single family residence is located in the R-2 zoning district which requires a minimum lot of 7200 sq. ft. but which has, in fact, 5400 sq. ft. Motion by Endres second by Hoyer that the above request under title 10, chapter 10, section leA) does not, in fact, extend, expand or substantially change the continuing, non-con- forming structure. APIF, motion carried. Motion by Shirley, second by Hanson that the City Administrator be requested to prepare and amendment to the Zoning Ordinance which would allow real estate informative signs relative to subdivisions in a maximum size of 80 sq. ft. APIF, motion carried. Jerry Standquist of the Assembly of God Church, inquired of the Planning Connnission, their attitude concerning the conversion use of the abandoned church, now owned by the School District, on 4th and Spruce Streets. The connnission determined that this area was within the Housing and Redevelopment Authority Redevelopment Project Area and as per previous agreement with the Authority, they informed Mr. Standquist they would refer the matter to the HRA for connnent. The Planning Connnission discussed the proposed amendment to the Zoning Ordinance which would allow Housing for the Elderly and Handicapped which the council had instructed the Administrator to prepare. After considerable discussion and changes thereto, the chair entertained a motion. Motion by Shirley, second by Hoyer that the proposed amendment to the Zoning ordinance be approved and referred to the council with a reconnnenda tion for adoption. APIF, motion carried. The Administrator discussed with the Planning Connnission the problem of the bill outstanding to City Planner, Charles Tooker, relative to the Parking Survey. The Administrator informed the Planning Connnission that the amount of work done by Mr. Tooker was that which was agreed upon by the Connnission and by Mr. Tooker. The reason that the bill was $300 in addition to the original $1200 was that it was necessary for the Administrator to authorize Mr. Tooker to prepare additional base maps and planning data, which previously it had been thought the City could do on its own. Motion by Shirley, second by Endres that the Administrator be authorized to pay Mr. Tooker the amount of $600 for a total of $1200 paid and to refer the additional $300 to the council inasmuch as it would be over the Planning Connnission budget. APIF, motion carried. The Connnission set a public hearing for 7: 30 P.M., July 15, 1975, in the matter of the request of the Farmington HRA for a variance relative to off-street parking in regard to the Housing for the Elderly project for 4th and Spruce St. Said notice to be published on June 26, 1975. Motion made and carried to adjourn at 11:00 P.M. Respectfully submitted , William J. Ford Zoning Officer I I I 1 ~i APPROVED~~'Q ( \) MINlITES PL 1\NNING C()f\.irlI SS ION REGULAR JULY 15, 1975 The meeting was called to order by the Chairman at 7: 30 P.M. Present: Chairman Shirley, Members Hanson, Hoyer, Nelson Excused: Member Endres Also Present: Administrator Ford Motion by Hoyer, second by Nelson to approve the minutes of May 20 and May 27, 1975 as presented. APIF, motion carried. (Commissioner Endres Arrived) The Chairman opened the public hearing in the matter of the request of the Farmington HRA for an off-street parking variance at the site of the new pro- posed housing for the elderly and the handicapped on 4th and Spruce. The request from the HRA stated that national and regional statistics that in general the required parking for such a facility would be approximately ~ parking space per unit. The request from the HRA provides for 3/4 of a parking space per unit. In other words, the ordinance would require 94 spaces, the HRA was requesting a reduction in the requirement to 35 spaces. Considerable discussion on this matter followed. Motion by Hoyer, second by Endres that the request for variance from the HRA be approved. Voting for: Shirley, Hoyer, Nelson, Endres. Voting against: Hanson. Motion carried. The Commission discussed informally with Mr. Dick Gerten of Farmington Floral his plans to enlarge the existing non-conforming use of a Green house and Nursery which is in an R-2 Zoning District. During the discussion it was pointed out that such a land use is permitted in an R-l, it was further determined to be the consensus of the commissioners that such a use would not be all that incompatible with other land uses permitted in an R-2 zoning district. Motion by Hanson, second by Endres that the PI arming Commission recommend to the council that the zoning ordinance be amended to permit greenhouses and nursery's within the R-2 zoning district as a special exception. APIF, motion carried. While dealing with the above problem it was brought to the attention of the commission that perhaps the area on Highway #3 and Willow, which includes the Black Stallion, Dairy Queen, Car Wash and Motel are perhaps miszoned. It was agreed that this situation should be corrected on the commissions own initiative. Motion by Hanson, second by Hoyer that the Plarming Commission recommend to the City Council that the zoning ordinance be amended by changing the zoning district in the above mentioned parcels to B-1 Highway Business. APIF, motion carried. Motion made and carried to adjourn at 8:40 P.M. Respectfully submitted, William J. Ford City Administrator WJF/kf I I I APPROVED l~ MINUTES PLANNING COMMISSION SPECIAL JULY 16, 1975 .QiK'U L\ l J C '1 q 1975 The meeting was called to order by the Chairman at 7:30 P.M. Present: Chairman Shirley, Commissioners Endres, Hanson, Hoyer and Nelson Also Present: Administrator Ford, Admin Assist Anderson, Attorney Gorgos, Dakota County HRA Executive Director Nan McKay and City Planner Tooker This was a joint meeting between the council, HRA and Planning Commission. The joint meeting had been suggested by individual members of the Council, Planning Commission and HRA. The purpose of the meeting was to review the present status of the HRA, the historical background of its creation, the relationship of the three bodies to each other and the immediate future of the authority. The meeting began with a presentation by Ford and Anderson. The presentation consisted of a chronological list of events preceding the creation of the HRA and its inception, the land governing the HRA and other material. The presentation started with material dated 1967; adoption of the Comprehensive Plan, discussion of Downtown Improvement Plans and approval of one final plan. From here it deals with the study committee appointed to study the Downtown Area. Out of this study came the creation of the HRA. After the creation of the HRA a Downtown Improvement Plan was approved and adopted. The presenta- tion concluded with methods of financing and implementing the HRA and the Redevelopment Plan, including a review of the three projects underway. Data used in the presentation consisted of excerpts from Planning Commission minutes, council minutes, resolutions, State Statutes, memos, Study Committee reports, State certificates and Tax increment booklet. After the presentation there was a lengthy discussion among the members of the groups concerning points brought out in the presenta- tion and material that had been handed out. Motion made and carried to adjourn at 10:20 P.M. Respectfully submitted, Richard D. Anderson Administrative Assistant RDA/kf I I I MINUTES PLANNING COMMISSION SPECIAL JULY 30, 1975 (Special meeting called by the Chainnan) The meeting was called to order by the Chairman at 5:15 P.M. Present: Chairman Shirley, Members Endres, Hanson, Nelson Absent: Member Hoyer Also Present: Administrative Assistant Anderson rr APPROVED <? - q, 7~ Ib- r;}1_75 The members of the connnission discussed the advisability of reconnnending to the council that the zoning ordinance be changed to permit churches in the B-2 zoning district as a special exception. It was noted that this subject had come up previously in the discussion of the vacant church owned by the School on 4th and Spruce Street and it had now come up again in a request from Church of the Advent at 412 Oak Street, who have submitted a request to expand an existing non-conforming use. Motion by Nelson, second by Hanson that the Planning Connnission hereby recom- mend to the council that the zoning ordinance be amended to permit churches in the B-2 Zoning district as special exceptions. APIF, motion carried. The Administrator had called to the attention of the Planning Connnission what might have been a clerical error. The planning connnission had taken action on December 10, 1974, by reconnnending to the council that the zoning ordinance be amended to permit home occupation in the R-3 zoning district in single family dwellings only, as a permitted use. This was followed by council action on February 18, 1975. The question put to the planning connnission by the Administrator , was the designation as permitted use the intent of the Planning Connnission or did they, in fact, intend to specify Special Exception. Motion by Shirley, second by Endres that the minutes of December 10, 1974 be corrected by deleting the word permitted and inserting in- stead the word special exception. APIF, motion carried. Motion made and carried to adjourn at 5:50 P.M. Respectfully submitted, William J. Ford City Administrator WJF/kf I I I 19 MINUTES PLANNING COMMISSION MTG REGULAR AUGUST 19, 1975 I'! ,-<-~?,.,. , ;'J!~ 1. The meeting was called to order at 7:30 P.M. by the Chairman Present: Chairman Shirley, Members Endres, Hanson, and Hoyer Excused: Member Nelson Also Present: Administrative Assist R. Anderson 2. The chairman opened the public hearing set for 7:30 P.M. in the matter of a request for a special exception from the church of the Advent. After considerable discussion there was a Motion by Shirley, second by Hanson to grant a special exception to the Church of the Advent, 412 Oak Street, so as they may construct an educational wing to their church. APIF, motion carried. 3.Motion by Endres, second by Hanson that the minutes of 6/17/75, 7/15/75 and 7/16/75 be approved as presented. APIF, motion carried. 4.Motion by Hanson, second by Endres that the minutes of 7/30/75~L~ O/1~ be amended by adding in paragraph one after the words special Ii ,'~ exception, the following: "And a public hearing be set for August 19, 1975, at 7:30 P.M. to hear the request of the Church of the Advent, 412 Oak St. for a special exception in anticipation of enabling legislation by the council at their meeting of 8/18/75. Administrator to publish". APIF, motion carried. S. Mr. Don Feely requested of the Planning Commission a recommenda- tion to the council for a rezoning from R-3 to B-3, the area immediately east of the railroad and south of Walnut. 6. Motion by Endres, second by Hanson to recommend to the council the rezoning of railroad property from Elm South to just south of Walnut. In effect the zone change would be from B-2 and R-3 to a B-3 zone. APIF, motion carried. 7.The HRA is also expected to comment on this rezoning since it falls within the HRA' s redevelopment area. 8. The proposed official street map and downtown parking survey were discussed briefly. 9.The proposed amendment to the city zoning ordinance which will incorporate the necessary Flood Plain Ordinance requirement required by the De- partment of Natural resources (DNR) was distributed to the members. 10. Motion made and carried to adjourn at 8:30 P.M. Respectfully submitted, /~ J)r~ Richard D. Anderson Administrative Assistant RDA/kf I I I ~------,---..--- 21 MINlITES PLANNING COMMISSION REGULAR SEPTEMBER 16, 1975 IJrp-/O-J.-1-7t' The meeting was called to order at 7:45 P.M. by Acting Chairman Hoyer. Present: Hoyer, Endres, Nelson Excused: Shirley Absent: Hanson 1. Motion by Endres, second by Nelson to approve the minutes of 8/19/75 as presented. APIF, motion carried. 2. Member Hanson arrived shortly after the minutes were approved and took over the chair. 3. Mrs. Rother of 516 3rd Street requested of the Planning Commission a special exception to allow her to have a home occupation (Beauty Shop) at her residence which is located in an R-3 Zone. Motion by Endres, second by Hoyer to set a public hearing on October 21, 1975, at 7:30 P.M. in regard to the above matter. APIF, Motion carried. 4. The proposed official street map was discussed next. The Planning Commission didn't want to act on the matter until they received infonnation on what the State and County had proposed for future roads in the Fannington area. Motion by Endres, second by Hoyer requesting the Administrator to contact the County and State and find out what their long and short range goals are in regards to streets, roads and highways in the Fannington area. They hope this could be accomplished by the October 21, 1975 Planning Commission Meeting. APIF, motion carried. 5. The Planning Commission budget request was discussed next. The discussion centered around a 2090 decrease from 1975's budget of $1200. This would be a $960 request. n. Motion made and carried to adjourn at 8:50 P.M. Respectfully submitted, ~4~~ Richard D. Anderson Administrative Assistant RDA/kf I I I 2~3 MINUTES PLANNING COMMISSION REGULAR OCTOBER 21, 1975 AfP iP-76 1. The meeting was called to order by the Chainnan at 7: 30 P.M. Present: Chainnan Shirley, members Endres, Hanson, Hoyer Absent: Member Nelson 2. At 7: 30 P.M. the Chainnan opened the previously published public hearing in the matter of the request for special exception for home occupation (Beauty Shop) for Mrs. Rother at 516 3rd Street. Motion by Hanson, second by Endres that the requested special exception be approved. APIF, motion carried. 3. Motion by Shirley, second by Hanson that the minutes of July 30, 1975, be approved as presented. APIF, motion carried. 4. Motion by Shirley, second by Hanson that the minutes of September 16, 1975 be approved with the fOl1?wing co:rection: ~aragrcwh 5, change the figure $2090 to $240. APIF, motlon carrled. '5~'i "H{,;-l&0 5. Motion by Shirley, second by Hoyer that the proposed flood plain ordinance as prepared by the City staff and the City Planner and as approved by the DNR herewith be submitted to the City Council with recommendation for adoption. APIF, motion carried. 6. The commission then took up the matter of the proposed amendment to the zoning ordinance which would change certain railroad owned property adjacent to 2nd Street from R-3 to B-3 and certain property owned by the Railroad from B-2 to B-3. This item had been discussed previously by the commission and also by the HRA and the City Council. It was explained that the commission was now reviewing it for the second time at the request of the City Council based on subsequent recommendations as a result of a public hearing held in the matter and also as a result of the meeting of October 20, 1975. The question-before the commission was two fold: (a) whether or not the map should be changed in any respect, and (b) either independently or conjunction with a map change whether the language should be amended specifically by shifting certain now pennitted uses to special exception. There appeared to be a general consensus among the members that the land as zoned presently was appropriate and was consistent with ensuing development in the area. There also was a consensus that it might not be a good idea to shift certain land uses from the pennitted column in the industrial zone when they clearly met the general land use requirement into the special exception which would require of the Planning Commission to grant special exceptions in cases that did not need the attention of the Planning Commission. Motion by Hoyer, second by Endres that the Planning Commission recommend to the City Council that the proposed ordinance not be adopted, that the Planning Commission infonn the council that its previous recommendation in this matter flowing from the meeting of August 19, 1975 be rescended and that the Commission recommend to the council that the area not be rezoned and that the language in the present zoning ordinance be retained. APIF, motion carried. Motion made and carried to adjourn at 9:30 P.M. Respectfully submitted, William J. Ford City Administrator APPROVED I I I 2fi MINlITES PLANNING COMMISSION SPECIAL NOVEMBER 11, 1975 +f ,}. - j--?{' 1. The meeting was called to order by the ChaiI1ll8n at 7:30 P.M. Present: Chainnan Shirley, Members Endres, Nelson, Hoyer Absent: Member Hanson Also Present: Administrator Ford 2. The commission considered the request of Fannington Floral at 519 Willow Street for a special exception for a greenhouse and nursery in an R-2 zoning district on Linden Street between 5th and 7th. Motion by Endres, second by Nelson to set a public hearing in the above matter for 7: 30 P.M., Tuesday December 2, 1975. APIF, motion carried. 3. Member Hanson arrived at 7:40 P.M. 4. The planning commission, setting as the Board of Adjustment, then heard the appeal of Mr. Jim Reisinger of 20521 Akin Road W., in which he was requesting the right of certain land use. He had lived at the above residence for many years and had conducted across the road from his residence some activity in connection with the construction business which he operated from his residence. The activity consisted of filling of low grotUld to facilitate the storage, mainten- ance and repair of his company owned equipment which included trucks, turnapulls, bulldozers and other grading equipment. He was now seeking pennission to erect a building on this parcel in which he would carry on the same type of activity. He had been infonned by staff that this could be accomplished as they saw it through one of three possible actions: 1. That the parcel in question be rezoned from C-1 to a heavy business or industrial use by the council. 2. That the zoning ordinance be amended by inserting under the pennitted use column a designation entitled "Non Commerical Equipment Maintenance and Storage". 3. An interpretation of the ordinance by the BOA that the act of enclosing an existing non-confonning use, does not, in fact, extend or expand that use under the interpretation of Title 10, Chapter 10, Section 1 of the City Code. The BOA was in total agreement that the first option was not appropriate in that it would constitute spot zoning. Commissioner Hanson stated that he would be in favor of the second option. The other four members of the board stating that they favored the third option. There insued a lengthy discussion involving the pros and cons of what action might be taken or recommended. Such particulars were discussed as the effect of the Flood Plain Control ordinance, whether or not an accessory use would be identified, County Road access and right of way, effect of the city special assessment policy, and an LEC Charge. Following a full and complete discussion, Motion by Shirley, second by Endres that section 10-10-1 of the ordinance, in this case, be interpreted by the BOA in such a way that an existing non-confonning use, presently being conducted in the open, does not result in an expansion, or extension of that non-confonning use when it is proposed to enclose that activity. And further, that such interpretation be made a matter of policy by the Board of Adjustment, and that still further, the Council be requested to amend the ordinance 10-10-1 to included specific language to that effect, along with the stipulation that the proposed enclosure of a non-confonning use be 26 restricted to the exact dLffiensions of the non-conforming activity itself and that any future enlargement or expansion of the structure would then not be permitted under section 10-10-1. Voting for: Shirley, Endres, Hoyer, Nelson. Voting against: Hanson. Motion carried. 5. Motion by Shirley, second by Nelson that the meeting of the plarming commission, November 18, 1975 be continued to December 2, 1975 and that the nonnal regular meeting of December which would have been held December 1975 be cancelled. APIF, motion carried. 16, 6. Mr. Robert Stegmaier appeared before the Plarming Commission and requested that they insert on the proposed official street map a future City street, running east and west on the section line between the SE quarter of section 24 and the NE quarter of section 25 from CSAH #31 to the east border of Farmington and thence in coordination with Empire Township to the intersection of TH #3. The Plarming Commission was in agreement and requested the Administrator to so show the proposed street. 7. Motion made and carried to adjourn at 9:30 P.M. Respectfully submitted, William J. Ford City Administrator WJF/kf I I I I I I 27 MINUTES PL~ING COMMISSION SPECIAL DECEMBER 2, 1975 f~f P ?J-' b - 7? 1. The meeting was called to order at 7: 30 by the Chairman Present: Chaiman Shirley, Members Endres, Hoyer, Nelson Absent: Member Hanson Also Present: Administrator Ford 2. Motion by Nelson, second by Shirley that the minutes of 10/21/75 and 11/11/75 be approved. APIF, motion carried. 3. Connnissioner Hanson arrived at 7:35 P.M. 4. The Chainnan opened the previously published public hearing on the request of Farmington Floral for a special exception for a Nursery/Greenhouse in the R-2 Zoning District between 5th & 7th Street on Linden Street. There being no objections registered and upon the finding of the Connnission that the proposed land use is consistent with the surrounding area, there was a Motion by Hoyer, second by Endres that the special exception be grallted. ,APIF, motion carried. 5. A Mr. Ryan who lives on Walnut and 3rd Street inquired about a garage which was under construction abutting his lot. Through the discussion it was explained to him that the garage was being constructed on a rear lot line and although it abutted his side lot line, no set back was required. He was further infonned that at the council meeting of December 1, 1975, the council had discussed amend- ingthe ordinance to require set backs on the rear lot line and that later in this meeting the PI arming Connnissionwould be addressing themselves to that problem. 6. The Planning Corrnnission informally discussed various ordinances dealing with excavation, grading, fill, mailed notices on rezoning, and other incidental items. The commiss'ion then addressed itself to the problem that had been referred to them by the council regarding the lack of rear lot set backs in all zoning districts. After considerable discussion the chainnan entertained a Motion for a reconnnendation to the council for amendment to the zoning ordinance. Motion by Hanson, second by Hoyer that the following rear lot set backs be provided for in an amendment to the zoning ordinance: R-l, 6 ft; R-2, 6 ft; R-3, 6 ft; B-1, 10 ft; B-2, 0 ft; B-3, 6 ft; R-A, 25 ft; C-l, 25 ft; I-I, 25 ft. And that further, the ordinance be amended in such a way as to exempt any rear or side lot from the set back requirements when it abutts railroad right of way property line. APIF, motion carried. 7. The City council, at its previous meeting, had discussed a possible amendment to the zoning ordinance which would deal with the involuntary loss of a continuing non-confonning use which had been grandfathered in. The occassion giving rise to the question, was a mobile home situated at the rear of a residence which apparently was to be acquired by the HRA. Motion by Endres, second by Nelson that the Plarming Corrnnission find in favor of and concurring with the decision made by the council, not to amend the zoning ordinance. APIF, motion carried. 8. The connnission then discussed the action taken by it at the meeting of November 11, 1975, in which the plarming connnisssion was requested by the Zoning Administrator to interpret the ordinance as the result of a request from Jim Reisinger dealing with the question of whether or not enclosing an existing non-confonning use, in- fact, is prohibited under the "Change expansion and extension" provisions of the ordinance. Ther was some feeling on the part of some members of the connnission that they had acted prematurely and had not been given an opportunity to thoroughly weigh the matter. Motion by Hoyer, second by Hanson that the action taken at the 28 meeting of November 11, in this matter, i.e., interpreting the ordinance that enclosing a continuing non-confonning use, does not - in fact, violate the I ordinance and reconnnending to the council that such language be inserted in the ordinance, hereby be rescended and that the whole matter come on for rediscussion at the meeting of January 20, 1976, or as soon thereafter as is practical. Voting for: Hoyer, Hanson, Nelson. Voting against: Endres, Shirley. Motion carried. 9. The corrnnission then again discussed the policy, previously detennined and adhered to, of requiring persons with matters to bring before the corrnnission to contact the administrative staff well ahead of the scheduled meeting, to present the matter to them, and to be put on the agenda, thereby allowing some preparation of material to be delivered to the Planning Corrnnission members prior to the meeting. 10. Motion made and carried to adjourn at 10:00 P.M. Respectfully submitted, William J. Ford City Administrator WJF/kf I I I I I 29 MINUTES PLANNING COMMISSION SPECIAL DECEMBER 19, 1975 /if? 3-1 b 7 ~ 1. The meeting was called to order at 7:00 P.M. by the Chairman Present: Chairman Shirley, Members Endres, Hoyer, Hanson, Nelson. 2. The minutes of the previous meetings were deferred. 3. The Chairman stated that this special meeting had been called to discuss the request of Jim Reisinger to construct an equipment storage and maintenance garage on County Highway 31 across from his residence at 20521 Akin Rd. W. At an earlier meeting the Planning Commission had interpreted the ordinance in such a way as to consider the enclosing of a continuing non-conforming use as consistent with the intent of the ordinance and did not, in fact, constitute a change, alteration, expansion, or enlargement. Some members of the commission felt that the decision made at that time was peremptory and made too hastily without enough information in hand. There was some feeling that that action should be resended and the matter put on for further discussion. Some points for consideration had been raised in a memo from the City Administrator dated November 14, 1975. There followed considerable discussion among members of the commission and with members of the audience including Mr. & Mrs. Reisinger. Motion by Shirley, second by Endres that the prior action of the commission stand, that the interpretation of the ordinance be in such a way as to interpret the enclosing of an existing and continuing non-conforming use as to be consistent with the ordinance, and further recommending to the council that such language be inserted in the ordinance for clarification. Voting in favor: Shirley, Endres. Voting against: Hanson, Hoyer, Nelson. Motion defeated. 4. Motion by Nelson, second by Hanson that the comission resend its previous interpretation of the ordinance and recommendation to the council and that a public hearing be set on the matter for January 20, 1976, at 7:30 P.M. with the City Administrator to publish. APIF, motion carried. 5. Mat ion made and carried to adjourn at 8:20 P.M. Respectfully submitted, William J. Ford Zoning Officer WJF/kf