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PLANNING COMMISSION MEETING
MINUTES - APRIL 23, 2009
Pursuant to due
call and notice thereof a meeting of the Planning Commission in
and for the City of Albany, Stearns County, Minnesota, was
called to order by Chairman John Harlander at 6:30 o’clock in
the evening on Thursday, April 23, 2009 in the Council Room at
400 Railroad Avenue for the said City.
Other Planning
Commission members present for the meeting were: Todd Horton,
Joseph Gilk, and Joseph Wedel. Will Seiler was absent.
Councilor John Greer, Planning Commission Liaison, was also
present for the meeting.
Chairman John
Harlander called for any additions or corrections to the minutes
of November 17, 2008 and hearing none declared the said minutes
approved.
Members from the
public present for the public hearing were: Ralph Linn, Mike
Froelich, Virgil Gruenke, Brenda Bican, and Don Job.
Pursuant to due notice, at 6:32
PM, Chairman John Harlander called the public hearing into
session on a request by Ralph Linn, 1030 Court Avenue, for a
variance to relax the front yard requirement of twenty five (25)
feet to allow for the construction of a roof over an existing
deck which includes a portion to be screened within an R2 Zone.
Mr. Schneider noted that a proper notice
was published in the Stearns Morrison Enterprise on April 7th,
posted, neighbors notified by mail, and no written comments were
received. Mr. Linn appeared before the Commission to inform
the Commission that his intentions are to remove and reconstruct
the existing bedroom and bathroom on the west side of his home
and enclose by screen a portion of his existing deck including a
roof overhang to provide shade on his deck. Mr. Linn noted that
he can not construct a new deck in his rear yard due to the
current interior layout of his home. Mr. Linn also noted that
the proposed construction is not closer than ten feet to his
west property line and the roof overhang is no closer to the
street than his neighbors existing garage to the west. Mr.
Gruenke, 111 11th Street, noted that he does not
object to the proposed project and the new construction would
not obstruct his view from his residence. Mr. Job, 1020 Court
Avenue, informed the Commission that he is not in favor of any
construction going beyond the existing house line or closer to
the street. Mr. Linn noted that only the floor joist would be
replaced on the deck. Chairman John Harlander closed the public
hearing at 6:50PM. After due discussion, a motion was made by
Todd Horton and seconded by Joseph Wedel to recommend to the
Council that the request by Ralph Linn, 1030 Court Avenue, for a
variance to relax the front yard requirement of twenty five (25)
feet to allow for the construction of a roof over an existing
deck which includes a portion to be screened within an R2 Zone
be approved as per the following finds of fact:
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Twenty five (25) feet front yard set back be reduced to
eighteen (18) feet.
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Structure is defined as non-conforming having been
constructed prior to Zoning Ordinance.
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Interior layout of home prevents new deck on south side
of home.
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Screened in porch will “not” protrude any farther north
than existing house line.
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Existing deck will be maintained and only a roof or
overhang to cover deck for that portion that protrudes beyond
the house line.
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No adverse impacts to City easements and services.
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Side yard set back of ten (10) feet will be met.
All voted for the motion and it
carried.
Mr. Schneider presented a
proposed amendment to Ordinance 41.07 Landscaping in the public
right of way for review as per the Council’s direction. Mr.
Schneider noted over the past several years, the Council has
approved reconstruction projects as per the City’s Capital
Improvement Plan; whereby many property owners throughout the
years have planted shrubs, flowers, and installed retaining wall
block, fences, within the public right of way which has caused
significant problems for the City when reconstructing a street.
Mr. Schneider recommended that the following Ordinance
amendment be considered:
“Section 41.07:
LANDSCAPING IN THE
PUBLIC RIGHT OF WAY.
Every owner of property that abuts a public right of way shall
comply with the following regulations:
Subd. 1. Landscape Standards.
The following standards shall apply to landscaping within the
public right-of-way.
a) All grass and
weeds shall be cut from the line of such property
or public right of way to the
center of such public right of way.
b)
Trees, shrubs, hedges, flowers and other plants shall not be
permitted within such public
right of way.
c) Landscape
materials such as mulch, rocks, and gravel shall not be placed
immediately adjacent to any sidewalk, curb or public right of
way.
d) Retaining walls,
fences, and other landscape facilities including, but not
limited to ponds, shall not be placed within the public right of
way.
Subd. 2. Owner's
Responsibility. The City shall not be liable to the
property owner for any damage or destruction of landscaping
plants and materials, including irrigation systems, which are
placed in the public right of way, whether the damage is caused
by excavation, snow removal or any other activity conducted or
permitted by the City or its agents.”
Mr. Horton questioned if
language should be added that would allow the City some
flexibility to allow a retaining wall within the public right of
way if circumstances warrant such due to the elevation of the
street and adjoining property. Chairman John Harlander, with
the consensus of the Commission, directed Mr. Schneider to
review Mr. Horton’s question with the City Attorney and to
inform the Council that the aforesaid Ordinance amendment be
adopted.
Mr. Schneider presented to the
Commission a proposed amendment to the Subdivision Ordinance
(Section 81.13, Subd. 1 (b)), relating to a Park Dedication fee
for commercial/industrial development. Mr. Schneider noted that
the current language or fee “the greater of 10% of the
assessor’s current estimated market value of the lands being
platted or sale price of said land to the owner or developer”
when calculated is very high fee and somewhat unreasonable when
developers are paying as much as $50,000 per acre which can
result in no development whatsoever. Mr. Schneider recommended
that an amendment be considered which would require a developer
to pay a Park fee of $500 per acre which is very similar to a
fee developers had paid in the past. Mr. Harlander informed
the Commission that he would not opposes the proposed amendment
and noted that land costs per acre have increased considerably
than in the past which has now caused an objection from
potential developers. Mr. Greer noted that commercial or
industrial development does not impact the current Park system
for children unlike a residential development consisting of
several lots and many families. Mr. Wedel informed the
Commission that he opposes a Park fee for commercial or
industrial development being there is no impact to the Park
system from the development. After due discussion, a motion was
made by Todd Horton and seconded by Joseph Gilk to recommend
that the City Clerk/Administrator set a public hearing if
required before the City Council and publish a notice to amend
the Subdivision Ordinance (Section 81.13, Subd. 1 (b)), to
consider a fee of $500 per acre for commercial and industrial
development. All voted for the motion and it carried.
Mr. Schneider informed the
Commission that Master Mark Plastics, 30 Railroad Avenue, has
listed their building for sale and is in the process of moving
their business operations to the City of Paynesville where they
already have a second business operation on a larger tract of
land. Mr. Schneider questioned what the future industrial use
may be for the property, but noted over the years, which once
was a building on the out skirts of the City, is now surrounded
by residential properties which makes any future industrial user
of the property very difficult. Mr. Schneider questioned if it
may warrant some discussions with the administrator from the
Mother of Mercy Nursing Home for the purpose of converting the
site to senior housing or assisted living similar to Mercy
Manor being the proximity to main street, Post Office, School,
Lake Wobegon Trail, Nursing Home, Church, and other facilities
is very beneficial. Chairman John Harlander, with the consensus
with the Commission, directed Mr. Schneider to discuss this
concept with the administrator from the Mother of Mercy Nursing
Home and/or any other private contractor who may have an
interest in the proposed project.
Chairman John Harlander adjourned
the meeting at 7:30 PM.
Tom Schneider,
Clerk/Adm.
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