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HomeMy WebLinkAbout1978-12-21 P & Z MINUTES PLANNING AND ZONING COMMISSION MINUTES December 21, 1978 A special meeting was held at 6: 30 p .m. before the regular session for discussion of right of way on property located east of N. Georgia Avenue and south of Lincoln Street . Members in attendance were Chair- man Don Tolley , Bob Nicholes , Pete Olesen, Starr Parish, Tom Ensley , Ralph Nyblad, Bud Grant , Budd Kehne, John Pilote , John Hull , Betty Ann Lodge , Bob Carpenter and Mel Lewis . Also present were Norman Rutzen, Bud Yadon, Larry Hicks , Wayne Schiess , Scott Bistline and Jerry Weston, attorney representing Bistline and Hicks . Mel Lewis reviewed the problem and stated the decision to be made was a recom- mendation to the Council on what the City will accept for right of way for a street to develop the area. Mr. Rutzen has asked the City to accept a narrow 40-foot right of way and has agreed to a 90-foot cul-de-sac , most of which would be located on his property. Part of it could involve a corner of Mr. Bistline ' s and Mr. Schiess ' s pro- perty if positioned a certain way to provide the greatest number of building sites. Mr. Bistline feels his property would be adversely affected because of a sprinkler system and landscaping which would have to be moved. Mr. Schiess informed the Commission he had no plans for developing the back part of his property , especially since no sewer is available and the back of his land contains his drain- field. He was interested, however, in the location of the cul-de-sac as it would serve his property. During subsequent discussion, some Commission members pointed out that consideration should be given eiN to the possibility of the property owners involved negotiating with Mr. Rutzen on the height of the dwellings he intends to construct . No decision was reached as a result of the meeting, but Mr. Schiess said he would be willing to get together with Mr. Rutzen on the location of the cul-de-sac . The Commission would be informed of any agreement they might work out and then proceed with a recommenda- tion to the Council . Meeting adjourned at 7 : 30 p.m. Don Tolley called the regular meeting into session at 7 : 30 p .m. Ralph Nyblad and John Pilote moved and seconded to dispense with the reading of the November 16 minutes and approve them as written. Motion passed. The first item of business was a public hearing for a special use permit to construct a mini-warehouse complex on property at Cleve- land and Linden in the C-2 Commercial Zone . Application for the permit was filed by Roger Cantlon . Plans showing the location of the buildings were distributed by Clare Glenn of Alpha Engineers . As there was no testimony from the audience , Tolley closed the pub- (8-12-2 lic hearing. Starr Farish moved that the special use permit for the mini-warehouse complex be granted. The motion was seconded by Budd Kehne and, after a vote, carried. Presented next was the final plat of El Mon Townhouses , a triplex on S. Montana Avenue which was platted for sale as separate ownerships . 00.411 Mr. Lewis pointed out that approval would be subject to the stipu- (8-13-3 lations made with the preliminary plat . A motion was made and seconded by John Pilote and Bud Grant to accept the final plat and recommend its approval to the City Council subject to the conditions as stated by the City Engineer. Motion carried. } -2- The final plat of McGarvin Condominiums to be constructed on N . ,,� Michigan Avenue was considered and approved subject to the stipu- 7t N-14 lations attached to the preliminary plat . A motion to recommend its approval to the City Council was made by Bud Grant and seconded by Starr Farish. Motion carried. Lee Scruggs appeared before the Commission to request a variance for construction of a residence on a 50-foot lot at 215 Denver (219 ) . 78-12-5 Following a discussion, it was moved and seconded by Bob Nicholes and Ralph Nyblad to grant the variance on the basis that the pro- perty consisted of two 25-foot platted lots in the older part of town and to instruct the Building Department to issue a building permit for the site. Motion carried. The preliminary plat of Southside Industrial Park was introduced by the City Engineer. He read his report and also the developer' s statement of intention regarding improvements . Pointed out was the pending Plan change to industrial and subsequent rezoning from C-3 to M-1. Arthur Street is already deeded as 60 feet of right-of-way with a 10-foot utility easement adjacent on either side . Loop Street as shown on the preliminary is also 60 feet and a 10-foot utility easement on both sides would be required. A variance for the length of Loop Street would be a condition of acceptance of the plat . Sewer is available and there should be an easement through Block 2 for eventual extension to serve frontages along Cleveland which can't be served by gravity but might in the future if a pump station were provided. Owner will be required to install water lines under the City ' s extension policy. Underground power and telephone would be required unless a variance is granted. A variance for no sidewalks could also be considered. There was some discussion on Loop Street being only a 60-foot r/w rather than the usual 80-foot r/w for industrial streets. Mr. Lewis said he thought 60 feet would be adequate for the type of industrial subdivision planned 78-12-6 where heavy truck traffic is not anticipated. Bud Grant then moved that the preliminary plat be accepted and a recommendation for its approval be forwarded to the City Council. Motion was seconded by Bob Carpenter and passed. The final plat of Park West Addition was then submitted for considera- tion. Mr. Lewis said that most of the stipulations have been met . The developers have complied with the half-street policy on Farmway and have provided for crossings at Marshall and Airport-Kit over the Dixie Drain. The water main extension policy will apply since the preliminary was filed prior to 9-19-78 so they will have the option of having the City install the waterlines . Improvements will be controlled by the building permits with the improvements being completed in each stage area before the final permit is issued in that area. It was the Engineer's recommendation that the final plat ,'8-12-7 be approved. Moved by Bob Nicholes , seconded by Bob Carpenter to approve the final plat of Park West Addition and forward a recom- mendation to the City Council. Motion carried. /'N Considered next was a request for a recommendation from the County on placement of an outdoor advertising sign on the Art Jerome property located in the impact area. The County permits signs in commercial and industrial areas. The property is located in a commercial area as designated on the Comprehensive Plan but since the County 's zoning -3- has not been completed and the land is being farmed, it is considered agricultural at the present time . In the City , the size of the sign allowable would be determined on a frontage basis . After a discussion, 78-12-8 Bob Nicholes moved that the County P and Z office be informed the eqN City is not concerned about the sign being placed on the property which is near U. S. 30 and Homedale Road . The motion was seconded by Bob Carpenter and carried with a vote of 6 in favor and 3 opposed . A letter will be sent to Mr. Ottens with that recommendation. No one was present to discuss a mobile home for classroom purposes at the Free Methodist Church on Spruce and Montana . Mr. Bill Brewer has applied for a variance for a setback greater than normally required to place a mobile home behind the residence at 1218 N. 1st near Kearney . The property is 84 feet by 340 feet and access to the mobile home will be by private driveway. Water and sewer will have to be provided to the mobile home . Ordinarily each separate building requires its own meter but consideration is given to allowing two buildings on one meter if an affidavit is recorded stating the pro- perty would not be separated. Sewer is available and connection could 78-12-9 be made . Budd Kehne moved and Bob Carpenter seconded the motion to grant the variance for the setback. Motion carried. Next was the preliminary plat of Carol Subdivision adjacent to Sandalwood Estates between Logan and Elm Streets. The City Engineer ' s comments were as follows : Carol Avenue is shown as 50 feet wide and should be 56 feet. Any extension would require acquisition of additional right of way from the property owner to the east . That owner should be notified of the proposed plat and appraised that any building permit on the property will require dedication of right of way. Half street policy will apply to Carol and to Logan. Only curb , gutter and sidewalk will be required on Carol Avenue adjacent to Lot 12. City water will not be installed by City forces . Sewer will be provided. Approval of Pioneer Irrigation District will be required. Mr. Steve Gregory informed the Commission that he has tried for several months to contact the adjacent property owner regarding the right of way but has been unsuccessful . It was the feeling of the Commission, however, that acceptance of the plat should be contingent upon participation by the adjacent property owner in the right of way. Mr. Lewis was asked whether or not it might help to have the City contact the lady who lives out of state regarding the r/w and development of her property. He agreed that he would write her about the proposed plat and request the 28 feet of right of way . 8-12-10 After further discussion, Starr Farish moved that the preliminary plat be tabled until word was received from Mrs . Robert Dillard, the owner, to see if she would be interested in dedicating the right of way. The motion was seconded by Tom Ensley and carried. Mr. Ray Loosli appeared before the Commission in behalf of George Randall to request a special use permit to move a residence onto property between 2nd and 3rd behind Bales Lumber, add it onto an existing small house and convert both into a duplex . A special use permit would be required for a residence in the C-3 Commercial District . 8-12-11 Bob Carpenter moved that a public hearing be set for January 18 to con- sider the request . Motion was seconded by John Pilote and, after a vote, carried. Meeting adjourned at 10: 00 p .m. Respectfully submitted, Sylvia Robison Secretary pro tem