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.
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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
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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