Planning and Zoning Minutes

July 8, 2008
Albertville City Hall 7:00 PM

CALL TO ORDER – ROLL CALL

Chair Leintz called the Albertville City Council meeting to order at 7:02 p.m.

PRESENT: Chair Sharon Leintz, Commission member Dale Edgren, and Frank Kocon, Council liaison Dan Wagner, Assistant City Planner Carie Fuhrman, Zoning Administrator/ Building Official Jon Sutherland, and City Clerk Bridget Miller

ABSENT: Commission members Denise Prow and Scott Dorenbush

ADOPT AGENDA

Chair Leintz asked if there were any changes, additions, or deletions from the July 8, 2008 Planning and Zoning Commission agenda.

MOTION BY Commission member Edgren, seconded by Commission member Kocon to approve the agenda as presented, which will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.

MINUTES

Chair Leintz asked if there were any changes, additions, or deletions on the Tuesday,
June 10, 2008 regular Planning and Zoning Commission minutes.

Commission member Kocon noted on page 4, last paragraph, second sentence should be amended. It should read “Holm reported that at the time of signing the purchase agreement there was no comment about providing sufficient off-street parking for the 152 Club.”

MOTION BY Commission member Kocon, seconded by Commission member Edgren to approve the Tuesday, June 10, 2008 regular Planning and Zoning Commission minutes as amended, which a signed copy will be scanned and an electronic copy will be kept on file in the office of the City Clerk. Motion carried unanimously.


PUBLIC HEARINGS

Approve Two Conditional Use Permits (CUPs) and a Variance for a Detached Garage to be Located at 11548 – 57th Street NE within the Albertville city limits

Chair Leintz opened the public hearing at 7:05 p.m.

Assistant City Planner Fuhrman reported that Kurt Neidermeier has applied for two conditional use permits and a variance to construct an additional private garage on his lot that is more than 150 square feet within the required side yard setback of ten (10) feet as demonstrated in Exhibit A.

Fuhrman stated that the subject property is located at 11548 – 57th Street NE, which is zoned R-1, Residential Single-family District. Fuhrman informed the Commission members that the lot currently contains a single-family dwelling with an attached garage and the applicant is seeking approval to construct a detached garage. According to the 2005 Albertville Municipal City Code, this requires a Conditional Use Permit (CUP) be obtained in order for more than one attached or detached private garage to be constructed. Because the applicant is requesting to construct a detached garage equal to 612 square-feet, it requires a Conditional Use Permit in order for an accessory detached building to occupy more than one-hundred fifty square-feet when accompanied by an attached garage on the same lot.

Assistant City Planner Fuhrman went on to explain that the applicant is requesting to construct the detached garage five (5) feet from the west side property line. However, according to the 2005 Albertville Municipal City Code this requires a variance because the side yard setback is ten (10) feet.

In conclusion, Fuhrman informed the Commission members that staff recommends approval of the two (2) Conditional Use Permits and the Variance to allow the detached garage to occupy more than 150 square-feet when accompanied by an attached garage on the same lot, based on the Findings of Facts found in the CUP standards analysis and subject to the following conditions:

1. Private garages for licensed and operable passenger cars and trucks not to exceed a gross weight of twelve thousand (12,000) pounds, as regulated by subsection 1200.4F of this ordinance. Private garages are intended for use to store the private passenger vehicles of the family or families resident upon the premises, and in which no business, service or industry is carried on. Such space can be rented to nonresidents of the property for private passenger vehicles and/or noncommercial vehicles, trailers, or equipment if sufficient off street parking in full compliance with this ordinance is provided elsewhere on the property.

2. The detached garage shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety, and general welfare.

3. The same or similar quality exterior building material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot.

4. The proposed building shall meet the requirements of the Building Type Standards outlined in Section 1000.4.I.

5. No commercial uses or home occupations may be conducted in either the attached or detached garages.

Assistant City Planner Fuhrman brought to the Commission members attention that the applicant, Mr. Neidermeier, was present to answer any questions or concerns.

Chair Leintz asked if the Commission had any questions or concerns with the proposed approval of the Conditional Use Permit (CUP) and a Variance for a Detached Garage to be located at 11548 – 57th Street NE within the Albertville city limits.

Commission member Kocon had a concern regarding the commercial property known as Full Moon Saloon & Bar and the condition of the building. Kocon felt the building was not in compliance. Kocon also commented about the storage building near the site and who the owner was.

Building Official/Zoning Administrator Sutherland noted the concern Commission member Kocon had and commented that he would research the condition of the building and the storage unit.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of the Conditional Use Permit (CUP) and a Variance for a Detached Garage to be located at 11548 – 57th Street NE within the Albertville city limits.

Mr. Neidermeier of 11548 – 57th Street NE, the applicant informed the Commission members that he had received a copy of the staff’s report. Neidermeier noted that the contents of the report were correct as to what his intentions were, which was to construct a detached garage.

Council liaison Wagner asked Mr. Neidermeier if he had purchased Outlot A from the City. With the City’s recent purchase of railroad property, the City was contacting the abutting property owners giving them the opportunity to purchase the five (5)outlots that were created.

Mr. Neidermeier stated that he had considered purchasing Outlot A, but felt it would benefit the property next to his. Mr. Neidermeier stated that the property of the second structure that Mr. Kocon was referring to earlier was Stuart Ryan.

Chair Leintz closed the public hearing at 7:16 p.m.

MOTION BY Commission member Kocon, seconded by Commission member Edgren to approve the Two (2) Conditional Use Permits (CUPs) and a Variance for a Detached Garage to be located at 11548 – 57th Street NE within the Albertville city limits with staff’s recommendations and contingent upon City Council approval at the August 4, 2008 regular City Council meeting or a meeting soon thereafter, at which time a Resolution will be presented drafting out the Findings of Facts and Decision Making. Motion carried unanimously.

Approve Ordinance No. 2008-005 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the 2005 Albertville Municipal City Code Pertaining to Wall Signs Accessory to Single Occupancy Commercial or Community Store Uses; Signs Accessory to Single Occupancy Industrial Uses; and Accessory Signs for Multiple Occupancy, Commercial and Industrial Uses, Including Shopping Centers

Chair Leintz opened the public hearing at 7:17 p.m.

Assistant City Planner Fuhrman reported receiving a recent request by a tenant of a multi-occupancy building expressing the desire for additional wall signage for their business. Staff has been researching and analyzing the wall signage regulations for businesses. According to the 2005 Albertville Municipal City Code, Title 10, Chapter 7, Section 8, the Permitted Business Signs is separated into five sections as follows:

1. Signs Accessory to Single Occupancy Commercial or Community Store Uses;
2. Automobile Service Station Signs;
3. Signs Accessory to Single Occupancy Industrial Uses; and
4. Accessory Signs for Multiple Occupancy, Commercial, and Industrial Uses, Including Shopping Centers; and
5. Non-conforming Business Signs and Sign Structures

Fuhrman went on to explain the Ordinance Amendment would address changes to wall sign regulations in only three (3) of the five (5) sections, which are:

1. Signs Accessory to Single Occupancy Commercial or Community Store Uses;
2. Signs Accessory to Single Occupancy Industrial Uses; and
3. Accessory Signs for Multiple Occupancy, Commercial, and Industrial Uses, Including Shopping Centers; and

Fuhrman reported that staff has prepared the following recommendation for the Planning and Zoning Commission to approve, which would then be presented to the City Council for final approval.

Single Occupancy Industrial Uses:

Change the total sign area allowed on walls abutting a public right-of-way from 200 square feet to 200 square feet or 10% of the wall (minus windows and doors), whichever is less.

Multiple Occupancy, Commercial, and Industrial Uses (including shopping centers):

Change the method to calculate the allowable sign area for a tenant/business in a multiple-occupancy building. Allow up to 15% of the individual’s tenant’s wall surfaces abutting a public right-of-way (minus windows and doors) in commercial districts (10% in industrial districts), instead of the current language that states that the total allowable sign area for a multiple occupancy structure is not to exceed 15% of the combined wall surfaces, which abut streets in commercial districts (10% in industrial districts).

Chair Leintz asked if the Commission had any questions or concerns with the proposed approval of Ordinance No. 2008-005 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the 2005 Albertville Municipal City Code Pertaining to Wall signs Accessory to Single Occupancy Commercial or Community Store Uses; Signs Accessory to Single Occupancy Industrial Uses; and Accessory Signs for Multiple Occupancy, Commercial and Industrial Uses, including Shopping Centers.

The Commission members present, along with Council liaison Wagner, discussed the proposed changes with staff’s recommendations. There was discussion regarding the window signage, as to whether it is included or excluded from the amount of signage allowed. The Commission hesitated in approving the proposed Ordinance and wanted to make sure what was being proposed is what the City wants.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of the Ordinance No. 2008-005 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the 2005 Albertville Municipal City Code Pertaining to Wall Signs Accessory to Single Occupancy Commercial or Community Store Uses; Signs Accessory to Single Occupancy Industrial Uses; and Accessory Signs for Multiple Occupancy, Commercial and Industrial Uses, including Shopping Centers

There was no one present in the audience; therefore no public comment was taken or given.

Chair Leintz asked for a motion to table the public hearing until the August 12, 2008 regular Planning and Zoning Commission meeting.

MOTION BY Commission member Edgren, seconded by Commission member Kocon to table Ordinance No. 2008-005 entitled an Ordinance Amending Title 10, Chapter 7, Section 8 of the 2005 Albertville Municipal City Code Pertaining to Wall Signs Accessory to Single Occupancy Commercial or Community Store Uses; Signs Accessory to Single Occupancy Industrial Uses; and Accessory Signs for Multiple Occupancy, Commercial and Industrial Uses until the August 12, 2008 regular Planning and Zoning Commission meeting or the next Planning and Zoning meeting that will be held soon thereafter. Motion carried unanimously.

Approve Ordinance No. 2008-006 entitled an Ordinance Amending Appendix A - Zoning Ordinance; Chapter 200, Section 200.2 of the 2005 Albertville Municipal City Code Relating to the Definition of Pawnbroker and Pawn Shop(s); chapter 4400, Section 4400.5; Chapter 4500, Section 4500.5; and Chapter 4501, Section 4501.5 Relating to the Prohibition of Pawn shop(s) in the B-3 Highway Commercial District, B-4 General Business District, and B-W Business-Warehouse District within the Albertville city limits

Chair Leintz opened the public hearing at 7:40 p.m.

Assistant City Planner Fuhrman began by stating that according to the 2005 Albertville Municipal City Code, Pawn Shop(s) are prohibited uses only in the B-2, Limited Business District and in the B-2A, Special Business District. Other business districts within the 2005 Albertville Municipal City Code do not address pawn shops in any way.

Staff has been discussing, researching, and working on a draft Ordinance Amendment to address the licensing of pawn shops within the Albertville city limits. Fuhrman noted that City Attorney Couri drafted a memo following the thought of completely prohibiting pawn shops throughout the City. Below is the information Mr. Couri provided to the Planning and Zoning Commission members:

The purpose of this memorandum is to provide the Planning and Zoning Commission and the Albertville City Council with information regarding the City’s ability to prohibit pawn shops.

Minnesota Statute §325J.02 defines the licensing requirements a city must include when licensing pawnbrokers. Minnesota Statute §325J.13 allows a city to provide more restrictive regulations of pawn shops than the state requires. I have been unable to find any cases preventing a city from prohibiting pawn shops.

Based on Minnesota Statute §325J.13, it appears that the City has the authority to prohibit pawn shops if it wishes.

Fuhrman noted that prior to the public hearing; staff brought the potential ordinance amendment before the Planning and Zoning Commission during the June 10, 2008 regular meeting. As a result of the discussion, staff has prepared an amendment as follows:

Include pawn shops as “Prohibited Uses: in the B-3, B-4, and B-W Districts within the Albertville city limits (Section 4501.5A, 4400,5B, and 4500.5B).

Add a definition of “Pawn Shop” and “Pawnbroker” to the Definitions section of the 2005 Albertville Municipal City Code Zoning Ordinance, Section 200.2.

Chair Leintz asked if the Commission had any questions or concerns with the proposed approval of Ordinance No. 2008-006 entitled an Ordinance Amending Appendix A – Zoning Ordinance; Chapter 200, Section 200.2 of the 2005 Albertville Municipal City Code Relating to the Definition of Pawnbroker and Pawn Shop(s); Chapter 4400; Section 4400.5; Chapter 4500, Section 4500.5; and Chapter 4501; Section 4501.5 Relating to the Prohibition of Pawn Shop(s) in the B-3 Highway Commercial District, B-4 General Business District, and B-W Business-Warehouse District.

The members of the Commission had no additional concerns or questions regarding the proposed approval of Ordinance No. 2008-006 entitled an Ordinance Amending Appendix A – Zoning Ordinance; Chapter 200, Section 200.2 of the 2005 Albertville Municipal City Code Relating to the Definition of Pawnbroker and Pawn Shop(s); Chapter 4400; Section 4400.5; Chapter 4500, Section 4500.5; and Chapter 4501; Section 4501.5 Relating to the Prohibition of Pawn Shop(s) in the B-3 Highway Commercial District, B-4 General Business District, and B-W Business-Warehouse District.

Chair Leintz asked if there was anyone in the audience that wanted to share comments or concerns regarding the proposed approval of Ordinance No. 2008-006 entitled an Ordinance Amending Appendix A – Zoning Ordinance; Chapter 200, Section 200.2 of the 2005 Albertville Municipal City Code Relating to the Definition of Pawnbroker and Pawn Shop(s); Chapter 4400; Section 4400.5; Chapter 4500, Section 4500.5; and Chapter 4501; Section 4501.5 Relating to the Prohibition of Pawn Shop(s) in the B-3 Highway Commercial District, B-4 General Business District, and B-W Business-Warehouse District.

There was no one in the audience attending the meeting; therefore no comments were made.

Chair Leintz closed the public hearing at 7:43 p.m.

MOTION BY Commission member Kocon, seconded by Commission member Edgren to approve Ordinance No. 2008-006 entitled an Ordinance Amending Appendix A – Zoning Ordinance; Chapter 200, Section 200.2 of the 2005 Albertville Municipal City Code Relating to the Definition of Pawnbroker and Pawn Shop(s); Chapter 4400; Section 4400.5; Chapter 4500, Section 4500.5; and Chapter 4501; Section 4501.5 Relating to the Prohibition of Pawn Shop(s) in the B-3 Highway Commercial District, B-4 General Business District, and B-W Business-Warehouse District with staff’s recommendations and contingent upon City Council approval at the August 4, 2008 regular City Council meeting or a meeting soon thereafter. Motion carried unanimously.

OTHER BUSINESS – no comments

ADJOURNMENT

MOTION BY Commission member Edgren, seconded by Commission member Kocon to adjourn the July 8, 2008 regular Planning and Zoning Commission meeting at 7:44 p.m. Motion carried unanimously.

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