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MONDAY, NOVEMBER 17, 2008,
PLANNING COMMISSION MEETING MINUTES
Pursuant to due
call and notice there of 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 Monday, November 17, 2008 in the Council Room at
400 Railroad Avenue for the said City.
Other Planning
Commission members present for the meeting were: Joseph Wedel,
Will Seiler, Joseph Gilk, and Todd Horton. None were absent.
Councilor John Greer, Planning Commission Liaison, was absent
for the meeting.
Chairman John
Harlander called for any additions or corrections to the minutes
of August 18th and hearing none declared the said minutes
approved.
Mr. Schneider
noted that the Council directed the Planning Commission to
review a letter the City received on October 1st from
Ron and Ami Ohmann, 821 Forest Avenue, requesting an amendment
to Ordinance 78.06, Subd. 6 to increase the amount of wood
stored on a property from two cords to eight cords neatly
stacked and covered during the heating season from October 1st
through March 1st which would allow residents to
offset high fuel costs by burning wood. Mr. Schneider also noted
that the current Ordinance language states
outdoor fuel storage is limited to two cords of wood which is
the amount of wood that can be stacked 4 feet high by 4 feet
wide by 8 feet long. Mr. Schneider informed the Commission
that the Ordinance language describing two cords of wood is
incorrect and should have described two cords of wood to be 256
cubic feet (ex. 4 feet high x 4 feet wide x 16 feet long). Mr.
Wedel noted that one cord of wood is 128 cubic feet and for one
to determine how many cords of wood are stacked, the width,
length and height of a wood pile need to be measured. Mr.
Wedel informed the Commission that he felt that two cords of
wood is a reasonable amount to be stored outside without having
any negative impacts by adjoining property owners. Mr. Gilk
noted that if individuals want to use wood as an alternative
heat source greater than two cords, the wood can be brought in
as needed or additional wood can be stored in a garage. Mr.
Horton also noted that even though large wood piles are neatly
stacked and covered, it could still remain an issue for
neighbors as being unsightly. After due discussion and careful
consideration, a motion was made by Todd Horton and seconded by
Joseph Wedel to recommend the following to the Council:
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amend Ordinance 78.06, Subd. 6 to read as “Outdoor fuel
storage is
limited to two cords of wood or
256 cubic feet”
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allow Mr. Ohmann to reduce his current wood pile to two
cords of wood.
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deny the request by Mr. Ohmann to amend the Ordinance to
increase
two cords of wood to eight for
the following reasons:
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large wood piles create a nuisance, unsightly looking for
neighbors
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smoke remains close to ground during dense weather
conditions
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smoke is heath hazard
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large wood piles create fire hazard and difficult to
extinguish
All voted for the
motion and it carried.
Pursuant to due notice, at
6:50PM, chairman John Harlander called the public hearing into
session
on a request by the City of Albany to amend the
City’s Land Use Plan map (Section 7.3, Figure 9) in the
Comprehensive Plan by removing the area south of the Albany
Business and Industrial Park as future residential to industrial
development. Mr. Schneider noted that a proper notice was
published in the Stearns Morrison Enterprise on November 4th,
no written materials were received, and no members from the
public were present for the meeting. Mr. Schneider informed the
Commission that the Land Use Plan (Map) depicted the area south
of the Albany Business and Industrial Park (80 acres) or outside
the current City limits as future residential use and with the
construction and building of Wells Concrete Products, a heavy
industrial business; this area must be designated as future
industrial use. Chairman John Harlander closed the public
hearing at 6:55 PM. After due discussion, a motion was made by
Joseph Wedel and seconded by Will Seiler to recommend to the
Council to amend the City’s Land Use Plan map (Section 7.3,
Figure 9) in the Comprehensive Plan by removing the area south
of the Albany Business and Industrial Park as future residential
and changing it to industrial development. All voted for the
motion and it carried.
Pursuant to due notice, at 6:56
PM, chairman John Harlander called the public hearing into
session on a request by the City of Albany to amend Ordinance
80, Section 80.05, Subd. 2, Land Use and Structures,
construction materials for structures. Mr. Schneider noted that
a proper notice was published in the Stearns Morrison Enterprise
on November 4th, no written materials were received,
and no members from the public were present for the meeting. The
Commission took notice of the proposed amendment that regulated
construction materials for structures within residential
districts. Mr. Schneider informed the Commission that there has
been some interest by individuals to construct single family
dwellings consisting of galvanized or corrugated sheet metal for
an exterior covering and recommended that the Commission approve
language that regulates construction materials for structures in
all residential districts. Chairman John Harlander closed the
public hearing at 7:00 PM. After due discussion, a motion was
made by Will Seiler and seconded by Joseph Gilk to recommend to
the Council that the following amendment be approved:
AMENDMENT TO ORDINANCE 80
ZONING REGULATIONS
GENERAL REQUIREMENTS
The City Council
for the City of Albany, HEREBY ORDAINS that Ordinance 80 is
hereby amended by the addition of the following language adopted
as Section 80.05, Subd. 2, of the Albany City Code:
“Section 80.05,
Subd. 2:
a) Land Use and
Structures. No structure or land shall hereafter be used or
occupied and no structure or part thereof shall hereafter be
erected, constructed, reconstructed or moved unless it is in
conformity with all of the regulations herein specified for the
district of which it is located.
b)
Construction Materials for Structures.
1. Single‑family
dwellings, garages and accessory structures over 120 square feet
of floor space or over 120 square feet of roof and roof overhang
shall be constructed of materials similar in color, quality and
appearance to that of the main dwelling structure on the lot.
2. Within all
residential districts, galvanized sheet metal, unfinished steel,
ridged, corrugated sheet metal, galvalum, asbestos, or iron,
whether or not they are colored, shall not be used as a major
exterior wall covering on buildings over 120 square feet of
floor space or over 120 square feet of roof and roof overhang.
3. Within all
residential districts, horizontal steel siding is allowed if the
individual panels have a width not exceeding 10 inches, and the
panels are affixed without exposed fasteners.
4. Within all
residential districts, pole-type construction shall not be
permitted.
5. Within all zoning
districts, buildings shall maintain a high standard of
architectural and aesthetic compatibility with surrounding
properties to ensure that they will not adversely impact the
property values of the abutting properties or adversely impact
the public health, safety, and general welfare. Exterior
building finishes shall consist of durable finish-type materials
of a high grade and quality.
6.
Within all zoning districts, structures or buildings
constructed of canvas, fabric, or straw shall not be permitted.
7.
No accessory structure shall be constructed in the front
yard in a residential district, and no accessory structure shall
be constructed on any lot in any district prior to the time of
construction of the principal building to which it is an
accessory.”
All voted for the motion and it
carried.
The Commission took notice of a
proposed Ordinance amendment regarding parking of semi-trailers,
trucks, and truck tractors. Mr. Schneider noted that the
Police Department would like the Commission to consider language
that would prohibit truck tractors and semi-trailers from being
parked in residential districts because of pedestrian safety,
vehicle safety, noise and street issues. After due discussion,
a motion was made by Joseph Gilk and seconded by Todd Horton to
recommend to the Council that the following amendment be
approved:
AMENDMENT TO ORDINANCE 51
REGARDING PARKING OF SEMI
TRAILERS
AND TRUCK TRACTORS
The City Council for the City of
Albany, HEREBY ORDAINS:
That Section 51.09 of the Albany
City Code of Ordinances shall be renumbered as Section 51.10,
Section 51.10 shall be renumbered as Section 51.11, and a new
Section 51.09 is hereby adopted which shall read as follows:
Section 51.09: SEMI TRAILER
AND TRUCK TRACTOR PARKING.
Subd. 1: DEFINITIONS TC
"Section 83.01: DEFINITIONS" \f C \l "3" . As used in
this section the following terms shall mean:
a) Semi Trailer.
Every vehicle without mode of power designed for carrying
persons or property and for being drawn by vehicle and so
constructed that some part of its weight and some part of its
load rests upon or is carried by another vehicle.
b) Truck Tractor.
Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other
than a part of the weight of the vehicle and load so drawn.
c) Street or
Highway. The entire width between the boundary lines of any
way or place when any part thereof is open to the use of the
public as a matter of right or purpose of vehicular traffic.
d) Residential
District. All that territory defined as either single
family residential or multiple family residential districts in
the zoning ordinance for the City of Albany.
Subd. 2: Declaration Of
Nuisance TC "Section 83.02: DECLARATION OF NUISANCE"
\f C \l "3" . The parking of the following vehicles in an area
of the City zoned R-1, R-2, R-3, R-4, or R-MH is found to create
a nuisance and detrimental influence upon the public health,
safety, prosperity, good order and general welfare of such
district by obstructing the view of streets and of private
properties, bringing unhealthful and annoying odors and
materials into the residential neighborhoods, creating cluttered
and otherwise unsightly areas, preventing the full use of
residential streets, residential parking, introducing commercial
advertising signs into areas where commercial advertising signs
are otherwise prohibited, and otherwise adversely affecting
residential property values in the neighborhood patterns. It
shall be unlawful for any person owning, driving or in charge of
a semi trailer, to park the same in a zoned district R-1, R-2,
R-3, R-4or R-MH nor within 100 feet of any residence for more
than 60 minutes. It shall also be unlawful for any person
owning, driving, or
in charge of a truck with a
refrigeration unit running to park the same in a zoned district
R-1, R-2, R-3, R-4 or R-MH or within 200 feet of any residence
for more than 60 minutes. It shall also be unlawful for any
person owning, driving or in charge of a truck tractor to park
the same in a zoned district R-1, R-2, R-3, R-4 or R-MH or
within 200 feet of any residence for more than 60 minutes with
the engine running.
Subd. 3: Cattle Truck Parking
TC "Section 83.03: CATTLE TRUCK PARKING" \f C \l "3" .
It shall be unlawful to leave standing upon any street or public
alley, any cattle truck or vehicle regularly used for
transporting livestock for a period exceeding one hour.
Subd. 4: Overnight Parking
TC "Section 83.04: OVERNIGHT PARKING" \f C \l "3" : No
trailer or other object shall remain parked for more than
forty-eight (48) hours upon any street or alley. Any trailer,
which is moved less than one (1) block, shall be deemed to have
remained stationary in violation of this subdivision. It is
unlawful to remove any mark made by a Police Officer to
determine the length of time a trailer or other object remained
parked.
Subd. 5: Restrictions
Cumulative TC "Section 83.05: RESTRICTIONS CUMULATIVE"
\f C \l "3" . The restrictions of this Ordinance relating to
the parking of trucks are not to be construed as exclusive, but
rather as in addition to the parking restrictions which apply to
all motor vehicles generally, as provided by state law or other
Ordinance provisions.
All voted for the motion and it
carried.
Chairman John Harlander informed
the Commission that the Planning Commission term of Mr. Seiler
will expire at the end of the year; whereby if interested in
reappointment by the Council, the new term would be a five-year
term. Mr. Seiler informed the Commission that he has enjoyed
being a member of the Commission and if the Council so chooses
to reappoint him as a member, he would accept. After due
discussion, a motion was made by Joseph Gilk and seconded by
Todd Horton to recommend to the Council to reappoint Mr. Seiler
to a five-year term on the Planning Commission. All voted for
the motion and it carried.
Chairman John Harlander adjourned
the meeting at 7:50PM.
Tom Schneider
Clerk/Adm.
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