HomeMy WebLinkAbout2016-12-06 P & Z PacketW
PLANNING AND ZONING COMMISSION
MEErrING AGEND,A
Ttiesday, Decemibeor 6, 21[146
6:30 p,,nj,,
CALL TO ORDER
1. Roll Call
1. Request for Rezone from R-2 to B-1 and Associated Comprehensive Plan Amendment,
7007 — 2e Avenue South — Owners �: Mr. Jeff MueUner & Muellner Asphalt
APPROVAL OF AGENDA
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Review of P & Z and Council Decision Regarding Request for Lot Split, Rezone from R-I
to R-2 and Associated Comprehensive Plan Amendment, 7384 Old Mill Road — Owners:
Pat Frath & Cathy Fruth
1. Request for Rezone from R-2 to B-1 and Associated Comprehensive Plan Amendment,
7007 — 20 Avenue South — Owners: MucHner Asphalt
2,. Mr. Pat Ready, Ready Landscaping — 6867 — 20tt Avenue South (Conditional Use, Permit
Request to Operate Business)
I III III I � q I I, I q 11 � I Jill I
33
Parks & Recreation Committee Meeting — 2() 16,16,30 p,,-t'n . (0,,'uricil ("i'mn',i6ers)
Planning &Zoning Commission Meeting— la��iti 11,3111 31, `7" 6',-30 P.rri,, (Cotinc ','. 1
,City Council Meeting — 14, 2016, (',,-30 (ffiAdgl�,,,I/Tax I evy')
City Council Meeting — 11, 21( 1 114 "7, (Council s)
ei-vt Ie1,880 fAUM Shut, OrnervOr, W9V 55W8
651,429-3232 or Fax. 651-429-9629
77
City of Centerville)
I am a Uni'ted States citizen, over nineteen (19) years of age, and the City
Administrator of the City of Centerville, Minnesota.
On November 21 2016, acting on behalf of the said City, I deposited at the Hu
Branch of the United States Post Office copies of the attached Public Hearing Notice,
envelopes, with postage thereon fully paid, to the individual property mners. of
following address., 10
There is delby United St,ates mail be,
places so addressed. 4
Michael A. Eneson
NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the
City of Centerville, Minnesota will meet and consider resident input regarding a
request for rezone fium R-�2 (Single Family Residential) to B-1 (Commercial),
associated Comprehensive Plan amendment andJor a Conditional Use: Permit for
7007 — 2e Avenue South. Applicants desire to sell the property, bring the property
into compliance for use of the pole: building/garage as a business, The Commission
will meet on December 6, 2016 commencing at 6:30 p.m, in Council Chamber of
City Hall located at 18�80 Main Street, Centerville, MN 55038.
The City Hall is ADA accessible. Requests for bearing assisted devices or a
sign language interpreter must be received before: 4:00 p.m., November 30, 2016.
All persons interested are invited to attend and to be heard, verbally or in writing.
You may call City Hall at (651) 429-3232 if you have any questions.
Teresa Bender, CMC
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,�ee-,az,vqe, 94
CITY O�F CENTERVILLE
,-,�'�,APPLJCATION FX)R LOT SPLIT/1,A)T COMBINATION/REZONING/SITE
PLAN REVIEW
Any additional stq irk c!our red for
LOT SPLITYL(Yr COMBINATION: FEE: + aigineering, lepi fecs, publimfion or
Obey requirmeats,
REZONING: DATE PAID:
SITE PLA REVIEW.
STREET LOCATION OF'PROPERTY: -7607 ,-Oujt e -11 V-
FEE OWNER
LEASE HOLDER
REASGN FOR REQUEST.
CONTRACT PURCHASER
OPTION TO PURCHASE
offiml
By paying the, above stated fee, I understand that no refiinds wilil be issued in fu1l or in part, at any time,
even if the outcome is denial,
f4- I
c of,Appliewit Signature of Property Owner
4A
Date
-101
4 IS
(1) Feed lots, runs, pens and similar intensively used facilities for animal raising and care shall not
be located within 300 feet of a neighboring property; and
(2) Accessory fann buildings shall not be erected within I 00I fed of a neighboring property.
Ord. 2d #58, amended 1011012012
(A)Purpose. It is intended that the R-,2A District provide forihigher-density single-family detached,
attached and multiple -dwelling opportunities in areas where public utilities are available and required
for service. The design and circulation of new residential areas are also intended to be complementary
with and enhance the community's small-town atmosphere.
I , IN fIII!17!21X.11,11111!1���
(C), Conditional uses. See Table 156-A. I
Ord. 2d #58, amended 10/1012012
(A)Purpose. It is intended that the R-2 District provide for lower -density traditional single-family detached
O,e dwelling opportunities in areas where public utilities are available and required for service. The design
and circulation of new residential areas are also intended to be complementary with and enhance the
community's small-town atmosphere.
(B) Permitted uses and structures. See Table 156-A.
Ord 2d #58, amended 1011012012
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(A)Purpose. It is intended that the R-4 District provide for high -density single-family, detached residential
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complementary with and enhance the
community's small-town atmosphere.
(B) Permitted uses and structures. See Table 15 6-A.
(C) Special requirements. Manufactured homes are permitted in all residential districts if they meet the
design criteria for those: districts. All other manufactured homes: shall be located only in designated
336 1 P ai g e
GLARE. A sensation of brightness within the visual field that causes annoyance, discomfort or loss in
visual performance and visibility.
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HEIGHT OF BUILDZIVG. The vertical distance from the average elevation of the finished grade at the
front of the building to the highest point of the roof for flat roofs-, to the deck line of mansard roofs; and
to the mean height between eaves and ridge for gable, hip and gambrel roofs.
HOME OCCUPATION., An occupation, pro&ssion, activity! or use: that is clearly, a customary,:
dental and secondary use of a residential dwelling unit and which does not alter the exterior of the
property or affect the residential character of the neighborhootL
HOTEL. A building occupied as more or less temporary abiding place of individuals who are lodged
with or without meals for compensation and in which there are more than ten sleeping rooms usually
occupied singly, and in which no provision is, made Bor cooking aindividual apartment.
enclosed or fenced in. a manner as to prevent the running at large or escape of the domestic ammal(s)
confined Vrvreit.
LIGHT MANUFACTURING. The processhig and fabrication of certain materials and products where
no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emissions, which
will disturb or endanger, neighboring properties.
Ord. 2d #6, amended 0512412006, Ord, 2d #11, amended 0712612006
§ 156.102 HOME OCCUPATIONS.
Home occupations in the city must meet the following criteria:
(A)Homc: occupations shall be conducted solely by persons residing in the residence with the exception of
no more than one additional nonrelated employee;
(B) All business activities and storage shall take place within the structure;
(C) There shall be no alteration to the exterior of the residential dwelling, accessory building or yard that in
any way alters the residential character of the premises;
(D) Conformance with the sign regulations as set forth in this code;
(E) The occupation shall not be visible or audible from any property line;
(F) The occupation may involve limited retail sale or rental of products on the premises, provided all stock -
in -trade is completely enclosed in the principal structure. Retail merchandise may not constitute more
than 50; percent of the principal structure square footage;
(G) Unless completely enclosed within an approved structure, no vehicle used in the conduct of the
occupation shall be parked, stored or otherwise present at the premises other than as is customarily used
for domestic or household purposes;
(H) Only on -site off-street parking facilities typically associated with a residence shall be used; and
(1) The conduct of an occupation or the use of substances which may be hazardous to or in any way
jeopardize the health, safety or welfare of neighbors and neighboring property shall not be permitted.
Cross-reference:
Outside storage as nuisance, see § 91
§ 156.103, SINGLE-FAMILY DWELLING REQUIREMENTS.
All single-family detached dwellings shall be constructed according to the following minimum
standards:
(A) All dwellings shall have a minimum width of 24 feet at the narrowest point, with the exception of the M-
1, M-2 and R-M Districts;
3�49 1 P a g e
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(C) All newly constructed single-family detached dwellings shall have attached garages. Garages may not
be converted to habitable space without replacing the required garage;
(D) Single-family dwellings other than approved earth sheltered homes shall have at least a 3/12 roof pitch
and shall be covered with an approved roofmg material; and
(E) All single-family dwellings shall have roof overhangs which extend a minimum of one foot from all the
walls of A-e-a.-iticture.
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living quarters is not permitted in the city, except as approved by the City Council under special
circumstances.
(B) Applications for temporary dwellings shall be made in writing to the Administrator and it shall be the
Administrator's duty to submit the application to the City Council at the next regular meeting thereof
The City Council in its discretion shall grant or deny the permit and may require, as a condition tD the
granting of the permit or any renewal permit, that the applicant appear in person before the City Council
and be examined as to his or her plans for a permanent dwelling and other matom relative thereto.
Permits shall in no event be granted for a period in excess of 90 days. At the expiration of the 90-day
period, the owner or occupant of any trailer so placed upon the premises in accord with this section shall
immediately remove the some, unless prior to the expiration of the 90-day period, the owner or occupant
shall obtain from the City Council a renewal permit. Application therefore may be made to the
Administrator as in the case of original permits, and must be submitted to the City Council prior to the
expiration of the original 90-day period. One renewal permit may be granted upon good cause shown,
but in no event shall a renewal permit be granted for a Period in excess of 90 days and not more than oni
renewal permit shall be granted.
1W Term-M TZ traners MiMm"conj Tacuon MM"_A;M
during the period that the construction work is in progress. Permits for temporary structures shall be
issued for a period not exceeding six months.
9��
(A)Purpose. It is intended that the R-3 District provide for higher -density residential district where a
variety of dwelling types are permitted, provided the overall density of the property meets the district
goal of 12 units per acre. The design and circulation of new residential areas are also intended to be
complementary with and enhance the community's small-town atmosphere. All development within this
district shall be submitted for consideration through the Planned Unit Development process. A site
submitted for Planned Unit Development in this district shall be a minimum of two acres.
(C) Special Requirements.
(1) Existing uses that are not in conformance with this section may not be expanded, but may
continue as nonconforming uses. These nonconforming uses may be repaired and maintained and
are allowed minor improvements that do not expand the use.
(2) In making decisions about land use compatibility and dimensional criteria for uses and
structures, the City shall have broad discretion to protect the public health, safety and welfare;
and to protect the integrity of surrounding residential neighborhoods. Development or
redevelopment of any parcel shall be accomplished by submitting application as a Planned Unit
Development.
(3) RESIDENTIAL CARE FOR JUVENILE SFX OFFENDERS. The City finds that this use is
appropriate for the R-3 district, but determines that in order to protect the safety of children and
other vulnerable persons, this use should be located away from places that children and other
vulnerable persons frequently are present. Such are may only be performed at a location no less
than 1500 foot from any bike path or trail, bus stop, school, day care, nursing home, residential
facility serving children or vulnerable persons, public park, recreational use facility, or other
public or private place where children or vulnerable persons would normally frequent or
congregate.
(4) Nlo development in this district is permitted without city water and sanitary service.
(5) Appendix A, "District Regulations Lot and Yard Requirements" is hereby amended to include
requirements that shall apply to this district.
ARIMIYNMV+ 1MIj�- ��t , -r � 511 , Ik..If", I............ "I'll "Wt
§ 156.030 COMMERCIAL DISTRICT (B-1).
(A) Purpose, It is intended that the B- I District provide opportunities for retail and service business uses
which, require larger development sites, highway visibility or highway access.
338 1 Page
(13) General minimum reA uirements. The following minimum requirements, as set forth, shall apply to all
buildings that may be erected, converted or structurally altered in commercial districts.
(C) Off-streetparking. Off-street parking shall be provided as required in this chapter,
(D)Buffer zone between commercial and residential districts. Where a commercial district abuts a
residential distric� any new development shall include a buffer zone. There shall be a protective strip of
not less than ten feet in width. This protective strip shall contain no structures, shall not be used for
parking, off-street loading or storage, and shall be landscaped. The landscape treatment shall include a
compact screen wall or fence, but "D not extend within 15 feet of the street right-of-way. Thel pilanting
or fence design must be approved by the site plan review process. The site plan review process, requue:s
review by the Planning and Zoning Committee and the City Council, as set forth in this chapter.
(E) Screening requirements. If the City Council requires any type of screening as a condition for a variance,
conditional use, or interim usie permit, the applicant shall. comply with the following conditions:
Mill 11919 111IFF Flill"Ill; 1!11111;1!11!1111��r
'I Liu" 0747111"I"KIII I'll CPU ty
(F)i Landscaping. A minimum of ten percent of any lot shall be green space. n.ree! percent of'the surface
area of the: land within a parking area shall be landscaped with grass and shrubbery or other approved
ground cover. Landscaped areas will continue! to be maintained by the property owner on a continuous
basis. Green areas within abutting stxeet rights -of -way will also be maintained by the property owner.
Other requirements are set forth in this chapter.
(G)Accessory Strzictures. Garages, accessory structures, screen walls, buildings and exposed areas of
retaining walls shall be of similar type, quality, and appearance as the principal structure. The height of
an accessory structure shall not exceed the height of the principal structure.
(14) Permitted encroachments. 17he following shall not be considered as encroachments on setbacks subject
to other conditions within this chapter: off-street parking spaces, flues, belt course, leaders, sills, pilaster,
lintels, cornices,, eaves, gutters, awnings, open terraces, service station pump islands, open canopies,
steps, chimneys, flagpoles, ortiamental features, open, fire escapes, sidewalks and fences, except as
hereinafter! amended.
(1) No driveway shall be located within 100 feet of any right-of-way, Ime of a street intersection.
The distances shall be measured along the property line from the corner right-of-way and county
line.
339 1 P a g e
(2) Access drive onto county roads shall require a review by the City Engineer., This review shall be
measured along the property line from the comer right-of-way and county line.
Q) Refuse.
(1) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner as to be
out of view from the street. In no event shall containers or their enclosures be placed or
maintained in a way to unreasonably interfere with the use or enjoyment of adjoining property.
(2) All garbage containers shall be screened with a suitable enclosure.
(l .)Pe teed uses. See Table 156-A. I.
(1) Uses not explicitly enumerated in this section as permitted uses, but closely similar thereto as
determined by the Planning and Zoning Commission, provided these uses are not explicitly
mentioned as permitted or conditional uses elsewhere in this Chapter.
(L) Condifional uses.
(1) Automobile and motorized equipment sales and service, excluding salvage operations, provided;
(a) the outside sales lot shall not be larger in square footage than the one and one-half times
the square footage of the building devoted to the related business.
(b) the sales lot used to park vehicles to be sold or serviced shall be separate and distinct
from the area of the premises used to park vehicles necessary to satisfy the minimum
parking required by this Code.
(c) all repair assembly, disassembly, or maintenance: of vehicles shall occur within a closed
building except minor maintenance including tire inflation, adding oil and wiper
replacement. Vehicles that are inoperable or are missing body parts shall be stored inside
a building or in a properly screened area, provided however that vehicles which are
inoperable, missing body parts, or are unlicensed may not be stored outside a building
longer than 90 days.
(2) Farm implements sales and service;
(a) the outside equipment storage lot shall not be larger in square footage than one and one-
half times the square footage of the building devoted to the related business.
(b); all repair assembly, disassembly, or maintenance of vehicles and implements shall occur
within a closed building except minor maintenance including tire: inflation, adding oil,
and wiper replacement. Vehicles that are inoperable or are missing body parts shall be
stored inside a building.
340 1 P a g e
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(4) Funeral homes and mortuaries;
(5) Animal clinics.
(1) Except as otherwise regulated herein, the exterior wall surfaces, of all new or expanded 0
commercial buildingo
s shall cnsist bd bNi
of face rick, finishelock o
other textured masn
product approved by the Planning and Zoning Commission. I
I -I' - JVK-4A -
Commission provided the following findings are met:
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are not proposed; and
subject to removal or redesign as an interior wall.
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aesthetieWly pleasing.
(1) Industrial uses that existed on a, site Mi the [-I Industrial district as a legal, fully conforming use
prior to the site being rezoned from I- I to B-1, may continue and be expanded on that site as if
located in an 1-1 District until the use is changed to a use that, is permitted in this district. After
is changed to a use perm ifted the 13- 1 district, it may not thereafter be used except as permitted
this district. Where the proposed change from 1- 1. to: BI-2 has been initiated by the City, the
Planning and Zoning Commission shall simultaneously with making such zoning change,
determine whether such parcel is a fully conforming industrial use qualifying for interim use
status. Where a positive determination is made, the action shall be filed with the Anoka Coun
Recorder. I
3411 P a g e
Ord. 2d, #37, Amended 0912212010, Ord. 2d, #40. Amended 1212212010, Ord. 2d # 46, amended 0312312011,
Ord. 2d # 56, amended 0510912012
Cross-reference:
Setbacks, see Appendix A, Table 1, Schedule of District Regulations Lot and Yard Requirements
Requirements and Table 156-A.1 District Allowed Uses
Signs, see Chapter 152
(A)Purpose. It is intended that the I-1 District provide opportunities for light manufacturing and industrial
uses, trade businesses, machine shops and other more extensive land uses.
(B) General minimum requirements. The following minimum requirements, as set forth herein, shall apply
to all buildings that may be erected, converted or structurally altered in industrial districts.
(C) Setbacks. Specific setbacks are set forth in Appendix A, Table 1, District Regulations Lot and Yard
Requirements. In addition, side yards facing streets on corner lots shall be considered the same as front
yards. Where a front yard or side yard of a corner lot faces a residential district across a street, the
setback from the street shall be not less than 60 feet.
(D) Off =street parking. Off-street parking shall be provided as required by this chapter. All open street
parking areas having more than six parking spaces shall be effectively screened by a wall, fence of
acceptable design or compact hedge along all sides which adjoin or are directly across the street from
the property in a residential zone or institutional use. The wall, fence or hedge shall be maintained in
good condition. Plans for fencing shall be approved by the City Council. The fence shall not be used for
advertising purposes.
(E) Buffer zone between industrial and residential districts. Where the side yard of any industrial district
abuts a residential district, the minimum side yard setback shalt be 60 feet. Parking of vehicles will be
permitted within 40 feet of the side yard line. All side yard areas not utilized for parking shall be
landscaped with screening provided along the side lot line to within 15 feet of any public right-of-way.
(F) Screening requirements. If the City Council requires any type of screening as a condition for a variance
or, conditional use, or interim use the applicant shall comply with the following conditions:
(1) File a copy of the screening plans with the Zoning Administrator;
(2) The screening, planting or construction, or both shall be complete within one year from the date
of building permit, subject to extension by the City Council;
342 Pi,
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Maps) panels and FIS (Flood Insurance Study). However, we do not have the new Bur
as of
yet and keep Meyouinformed of their status.
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the City that participaied in this effort. Please be nift" that the City has executed your
aVrement dated July 17, 2014 to, certify to your property taxes $7,500 plus interest at
R percent fNIand that will, commence m 2015. At any time you ". Ni'.
pay this assessment off with the City. However, you vdll still be responsible for flist
Yeare interest
If you have any questions, P do not estate to contact me.
Sincerely,,
i
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PROrERTY ADDRESS4
7007-20th Ave. -nd �ye Parcel A --7005 20tb Ave.
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Mr. March explained due to the property being located near the creek and the size of the
parcel some of the allowed uses for industrial property would not be allowed. He then
explained that the pole building would not be allowed to be reconstructed in the event of
destruction by a natural disaster.
Mrs. Yaeger expressed her concerns for truck traffic, diesel fuel smells and chemical
smells if the property is rezoned to Industrial and the use of the property changes.
Ms, Karen Maska, Brian Court, stated she believed she was building a house in a
residential neighborhood and would not have built her home in that location if she were
aware that the parcel would be rezoned to Industrial. She is very concerned that
something louder, smellier and more disruptive to the neighborhood would come in
should the property be rezoned to Industrial.
Mr. Mark Radley, 7044 Cottonwood Court, questioned the need for a rezone to Industrial
if the intention is to keep the same type of business there. He then asked the Commission
to consider the fact that this parcel is bordered on three sides by property zone
Residential.
Mrs. Stevens presented her tax statement to Chairperson Hanson, which indicated she is
currently taxed Residential and Commercial for the property.
Mr. March noted the property owner is requesting the entire parcel be rezoned to
Industrial. The property owner had considered splitting the property, however, there is
no buildable area on the portion with the pole barn due to the floodway. The current
tenant would like to continue to use the entire piece of property and can continue to
operate the business under a Special Use Permit.
Ms. Maska questioned how residents or the City could control the use of the property in
the future. Mr. March indicated any new business would need a Special Use Permit,
which would require a public hearing to inform residents and receive resident input.
Mrs. Yaeger questioned whether there was a difference in which businesses could be
located on the property if the parcel was zoned Commercial, rather than Industrial.
Chairperson Hanson stated there were different businesses allowed under Commercial,
rather than Industrial.
Mrs. Yaeger questioned whether it was possible to split the parcel and leave the portion
of the lot with the house on it Residential and zone the other Commercial.
The Stevens indicated they did not have a preference either way for zoning but had
received a request from the buyer of the property to request a rezone to Industrial as a
condition of the sale.
Mr. March explained the business could continue to operate as is under the currently
issued Special Use Permit if the zoning remains the same. If the buyer of the property
should want to redevelop in the future, rezoning to Industrial would be required.
..........
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fmancing ins n, Mr. March stated he was not sure whether the: rezone to Indus
affected the sale of the property. I
............ ..............
Mr ' March stated if the property is not rezoned the business will be allowed to contin
to operate under the currently issued Special Use Permit, The City cannot revoke t
Special Use Permit unless the business is found to be in violation of the conditions
same.
Ms. Chris Swenson, 7016 Brian Court, explained to Council she had researched the aur
and believed the area to be a residential development. She expressed concem for t
use of the property should the rezone to Industrial be granted. Ms. Swenson stated
did not believe an industrial use for the: property was, appropriate or safe; for t
neighborhood.
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the property is approved. Ms. Maska stated she was concerned for property values
resale of the homes in the neighborhood if there is an industriO property
neighborhood.
Mrs. Yaeger questioned whether there were trucks parked at the building. She th
seggo"4-tk split =47tk; j,wti*ir-wi*fW Qtinar. "'
or be issued a Special Use Permit. She: also suggested requiing the buyer to install so
type of screening.
Mr. March noted the tenant did not appear too concerned for the type of zoning of t,
parcel provided the Special Use Perrnit would aflow him to continue to operate h
business, Mr. March, explained the building is non-conformM9 structure and, therefo
could not be rebuilt should it be destroyed by a natural disaster.
Mr. Dave Luke, 7026 Brian Court, questioned whether the pole building conformed,
the requirements of an industrial building. Commissioner YNated the buildi
did not conform to Industrial requirements and was being grandfatheTed i1V un
Commercial requirements. Mt, March explained the building did not comply with
requirements at this po�int and is Classified as non -conforming under City code.
Mr. Don Moe, 7480 Brim Court, addressed the Commission and indicated that at
time he and his ndqhbors decided to build their homes, they researched the City
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Comprehensive Plan to confirm the area was zoned Residential. The City has a
responsibty to follow the Comprehensive developed. The City also has a responsibility
to the community at large to regulate zoning to protect property values. The City has a
designated industrial area and this area is not included in same.
Mr. Stevens indicated he thought the parcel was zoned Industrial just as the rest, of the
property along 2(P Avenue.
Chairperson Hanson explained the east side of 2& Avenue is zoned Industrial and the
west side of UP Avenue is zoned Commercial.
Commissioner Kilian stated that a small portion of the property appears to be Industrial
and the remainder Resi4ential.
Ms. Swenson indicated residents did research the City's Comprehensive Plan and the
entire area is zoned Residential and she would like it to remain that way.
Mr. March explained due to the shape and size of the property, and the floodway issues a
business owner looking for a piece of industrial property would not consider this parcel
when it would be easier to build in the industrial park., Mr. Match explained even if the
rezone is granted it would be highly unlikely the use of the property would change,
Mr, Luke explained he used to live behind the Buckbee"s and had a nice natural view and
would never have purchased this current property if he knew it could possibly have a
view of a piece of property zoned industrial,
Council Liaison Broussard Vickers explained that even though the City has, a
Comprehensive Plan as, residents have mentioned the potential is always there that a
property owner can request to have their property zoning designation modified. This
request has come from the property owner not the City. The City does not control
requests or zoning modifications and the property owners are entitled to the public
hearing concerning the request.
Ms, Swenson indicated she believed she was building next to property zoned Residential
not Commercial and the Comprehensive Plan is the reason she believed that. She also
noted if the property owners request the rezone, again she will be back to contest it.
Mr. Moe stated, with due respect, to Council Liaison Broussard Vickers, the City does
have a responsibility to follow its Comprehensive Plan which sets out the vision for the
community. He stated he understood that a portion of the property can be rezoned but
feels the City Comprehensive, Plan and resident input indicate the parcel should remain
residential. Mr. Moe then inquired as to the motivation for the request. Is the business
owner planning on expanding the asphalt company?
Ms. Maska expressed displeasure with the comments of Council Liaison Broussard
Vickers, indicating she felt she was reprimanded for opposing the rezone, which she did
not feel was appropriate. M& Maska stated that several residents wishes were to deny the
request to rezone this parcel and felt that due to same,, the City should deny the request,
Council Liaison Broussard Vickers clarified her comments indicating she was simply
Mt. Radley stated residents oppose the current use of the property but if the property is
rezoned to Industrial, it would pose a problem for the neighborhood.
Mr. Lloyd Drilling, 7185 Mound Tadl, stated that since it appears no one is directly
adjacent to the pole building perhaps a 50150 split zoning would be appropriate.
Mrs. Yaeger indicated the home she is building will be facing the pole building.
Mr. Yaeger questioned the rezoning since the buyer has indicated he does not intend to
change the use of the property.
Mrs. Stevens indicated she would like at least the part of the property she is paying
Commercial taxes on rezoned to Commercial.
0131MI
Mr, Drilling sympathized with Nit Turner's concern for increased traffic, but indicated
he did not believe the present strip mall had negatively impacted the neighborhood as it
does not generate that much traffic. The proposed strip mall would generate additional
traffic minimally.
Mr. Turner stated that currently one (1) stop sign is, installed at the intersection of
Peterson Trail and Main Street. W. Turner felt that it would not take people long to
figure out that they can, go up Peterson Trail to avoid tie ups at Main Street and Peterson
Trail, Mr. Turner stated he did not have a problem with tearing the old house down and
zoning it Commercial but he does have a problem with increased traffic on Peterson
Trail. It appears to him that a plan is developed and then changed at the last minute.
Mr. Drilling indicated there was a public hearing, to take resident input held at a previous
meeting, which is where it was learned there would be a problem putting a driveway on
the Shad Avenue side, Mr. Turner, indicated he did not have notice of that public hearing.
Mr. Turner thanked Mr. Drilling for his efforts to appease the neighborhood during the
construction of his first building. Mr. Turner again expressed concern for increased
traffic on Peterson Trail and requested an alternative. Mr. Turner requested that the
County be contacted to ascertain the possibility of a wider access onto Main Street rather
than the option proposed.
Mr. March stated there may be a trail crossing the property and a wider access onto Main
Street with an island of some sort between the entrance and exit lanes would be a nice
safety feature for bikers and walkers.
W. Turner questioned whether Mr. Drilling intended to have fencing or some type of
screening, from neighboring homes.
Mr. March asked Chairperson Hanson to have Nft. Drilling explain some of the
comments and suggestions that came out of the previous public hearing and have been
incorporate into his plan.
Mr. Drilling indicated there would be a berm along the backside of the property with a
six (6) or eight (8) foot fence that would effectively screen the building.
Mr. Turner questioned whether the building would be set back off the property line far
enough to allow for maintenance to the building without having to trespass onto
neighboring properties, Mr. Drilling concurred.
nu lie eninAll in favor. Motion carried unanimousiv.
Chairperson Hanson closed the public hearing at 7:40 p.m.
3 Qrdinance #39 - Sign
A -
Chairperson Hanson opened the public hearing at 7:40 p.m.
Council Liaison, Broussard Vickers indicated that Council had received a request for
clarification to the sign ordinance, There was no opposition expressed except
clarification to the commercial business section being too restrictive.
Chairperson Hanson explained the Planning and Zoning Commission held several
workshops where modifications to the sign ordinance were discussed. Height, overall
signs, �Vpe of construction, and lighting were all taken into consideration.
maintain equitable property values,.
Mr. Don Anderson, 9313 Deer Pass, Wlained he has a purchase agreement to build
home and the type of home he wants to, build is not allowed. He would be allowed
build a 1,200 square foot house on a slab but not a 2,400 finished square foot, modifi
two-story, He thanked the Commission for their consideration of this matter.
�&. Match gated the current ordinance was passed when the City was being inun;dat
with thetwo-level, split.
WIMUM
Motion by (",o2Mminniisnsiio2nneg!!Lpgyin tMg&ded b Commissioner Sloe
y
Chairperson Hanson closed the public hearing at 7:50 p.m.
III. APPEARANCES
None.
I. OLD BUSINESS
None.
V. NEW BUSINESS
I , Joyce A. Stevens — Rezone from R2 to 11 Request 7007 — 2& Avenue
Commissioner Kilian stated he did not feel a rezone to Industrial would be appropriate
due to the fact the property is surrounded by residential property.
Commissioner McLean stated it was discussed earlier that the business owner could
continue to operate without rezoning to Industrial. This may affect the sale but perhaps
something could be worked out between buyer and seller.
Chairperson Hanson expressed concern that the City use caution to avoid spot zoning.
The current use ;of the property works within the residential neighborhood but a rezone to
industrial could bring another type of use,
the reguesLed rnezon in favor., Motioln carTied unanimgMLIL
S_ _
2, Lloyd Drilling — Site Plan
Chairperson Hanson questioned whether there would be grass or asphalt behind the
building in the northwest comer. Mr. Drilling indicated there may be overflow parking
and grass it has not yet been decided.
Commissioner Kilian expressed concern for the location of the dumpsters as that was a
concern raised by residents at the public hearing. Mr. Drilling indicated the exact
location has not been determined and he is open to City input.
Commissioner Sheppard questioned the length of the current strip mall comparative to
the proposed strip mall, Mr. Drilling indicated the current strip mall is 220 feet long, and
55 feet wide and the: proposed strip, mall is 250 feet long and 40 feet wide.
Commissioner Kilian questioned the type of exterior building materials. Mr. Drilling
indicated the building would be brick and/or cut block and siding. The building is quite
long and he is attempting to make it more appealing.
Page 8 of 10
using it to travel north because it is a straight road with no stop signs.
Commissioner DeVine questioned whether the site plan could be approved V"'th
contingencies. Mr, March noted the site plan would not be approved at the Council level
without Mr. Drilling providing much more detail concerning the building, Mr. March
indicated the Planning and Zoning Commission may want to! consider, tabling this item
until its next meeting.
Mr. Drilling indicated that tabling, the; matter would hinder the anticipated timeframe as
them were many changes at the Council level last time, He noted he would not be at the
next Council meeting as he needed time 'to prepare and provide details to Council for
review,
311M Mfg I= 713
to Council auvroval of the site Dian ,senled. AD in favor. Motion arried. L_
3. Chicilo Homes — Industrial Building (Lot 5, Royal Industrial Park)
111111 111111 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillilI I IN I 1 111111 1 11
Motion c�ar gp ed rl Anim2plIL
4. Aaw 45111111
LIQD-L MIL
None.
Ordinance 939 — Sign
�� M111"WO1119", =71"j?"77011
....... .... ... ....
December 5, 2000 Meeting Minutes
AVY"I
kV 11�� I P1.11'rk,
WOOMM", 0 "An"
- - ----- ----------------------- I ---------------- 1�
Motion carrild unanimously,
Transcribed by:
Joan Lenzmeier, Recording Secretary
TzmeSaver Off Site Secretarial, Inc
Proofed by:
Teresa Bender, Clerk Treasurer
Staff
Page 10 of 10
Pursumit to due call and notice thereof, the Planning and Zoning Commission ld its re gLdar
meeting on Tuesday, Novernber 1, 2016 at 6:30 p.m.
PRESENT: Chairperwn Darrin Mosher
Vice, -Chairperson Russ Koski
Commissioner Kim Ganzel
Commissioner Matthew Montain
Commissioner Nick Twohy
Commissioner Mark Haden
Commissioner Pete johnson
ABSENT: None.
STAFF: City Administrator Mike Ericson
OTHERS PRESENT: Council Member D. Love
I Roll Call
W1192 tmizlol 31IN
U
t. Request for Lot Split, Rezone! and Associated Comprehensive Plan Amendrnent� 7384
Old Nil Road — Owners Pat F'ruth. & Cathy Fruth
Mr. Pat Fruth & Ms. Cathy Froth were in attendance to present their application. Mr. Fruth
addressed the Commission by stating they bought the 10 acre parcel 'With a home on it in 1978.
He stated that Mr. Fred Fischer owns the: abutting 1.0 acre parcel to the north of 7384 Old IWIl
Road. Mr. Fruth explained that the request is to split their 10 acre parcel into two parcels (one
being the house with four (4) acres and six (6) acres east of that parcel. Mr. Fruth stated that he
desire to sell the six (6) acres subsequent to the lot split and rezone.
City of Centerville
Planning and Zoning Comn-dIssion
November 1, 2016
Mr. Mark Cunningham, 1853 Revoir Street, was present and inquired as to the Fruth's desire for
rezoning to R-2 from R-1 and did they consider R-5 which abuts the parcel. Staff noted that the
applicant's request was fmm R- I to R-2.
II1!II I I !!I 11111 1 1 FIT I ti . I - I 4=1 11 11 11•
Chair Mosher provided Commissioners with an opportunity to make modifications to the
presented minutes if they desired.
W11,11MUMURRU I M41
— — -------- — -------
i Am�n,!Iments.,,,,Commiss,,,,ioncE Rliden, A!? ain d. Motion carried. t_
Administrator Ericson stated that Council approved the Commission's recommendation to deny
the request. He noted that Mr. Magdik has redesigned the footprint of the home to meet
condons of the current variance in place for the property.
2. Met. Council Comprehensive Plan Grant
Ad�nimistrator Ericson reported that the City was successful in its application for a $10,000 grant
which will be used to: complete the Comprehensive Plan update. Total estimated cost for the work
is $25,000.
VIL NEW BUSINE SS
1. Request for Lot SpIlt, Rezone and Associated Comprehensive: Plan Amendment, 7384
Old Mill Road — Owners Pat Fruth & Cathy Fruth
Lengthy discussion was had regarding the requested lot split, rezone and comprehensive plan.
amendment, Mr. Fruth and, Ms. Fruth again stated their desire for their request(s). The
Commission noted that the 4 acre parcel with the: home would be an R-1 zoning and the City
cannot leave it as such. Staff was directed to obtain legal assistance from the City's Attorney on
this matter.
. ..... .........
WITIVT
. ..... .. .. .
,4&RmIL. A&I#jC kyar. Moq
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VIII. ADJOURNATENT
Michael A. Ericson
City Administrator
,74WV 7
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CITY OF CENTERVILLE . fle
APPLICATION FOR LOT SPLIT/LOT COMBINATION/REZONING/S EA*
PLAN REVIEW
Arty additional costs incurred for
FEE: + engineering, legal fees, publication or
other requirements
STREET LOCATION OF PROPERTY:
LEGAL DESCRIPTION OF PROPERT`Y: Zl—/- 2 �-2
,/` ---- / . . . . . . . . . . . . . . . . . . .............................................................. . I . . ................ .
/11
FEEOWNEI
ADDRESS:
APPLICANT'S INTEREST IN PROPERTY:
FEE OWNER CONTRACT PURCHASER
LEASE HOLDER OPTION TO PURCHASE
DESCRIPTION OF REQUEST: t65'-e'eLl ................ ... . . ........ .... ...... . ... . . ......... . ..............................
R�EOjJEST.
By paying the above stated fee, I understand that no refunds will be ad in full or in part, at
even if the outcome is dcnial.
Signature of Applip - I'o i1PSignature of Property Owner(
YWA e-0—
C:7 — -2 - 16
Date
7114 le'9
CITY OF CENTE.RVHLE
[".*0 -, '41 M94MOIC
NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of the
City,of Centerville, Minnesota will meet and consider resident input regarding a
proposed lot split, rezone and. a Comprehensive Plan amendment of 73 84 Old Mill
Road. Applicants desire to split the easterly six (6) acres from the ten (10) acre
parcel which would, require a rezone fiorn R-1 (Rural Residential) toR-2 (Single
Family Residential). The: request to split the parcel in this fashion is per a private
settlement agreement between the two owners of the property. The Commission
will meet on November 1, 2016 commencing at 6:30 pm. in Council Chamber of
City Hall located at 188�O Main Street, Centerville, MN 55038.
The City Hall is ADA accessible. Requests for hearing assisted devices or a
sign language interpreter must be received before 4:00 p.m., October 26, 2016. All
persons interested are invited to attend and to be heard, verbally or in writing. You
may call City Hall at (651) 429-3232 if you have any questions.
Teresa Bender, CMC
gubli
day of w, 201C,
Housing
City of Centerville
2030 Comprehensive Plan
Provide an alternative to motorized vehicle transportation by developing design
standards and densities that support• • r
will Ibcus on the appropriate land uses. fQr the small amount of remaining vacant land,
some emerging Opportunities Ibr redevelopment.
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ultimately the development of a final Future Land Use Plan
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Housing
City of Calterville
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*The first photo is of the ut Hity company not repairing their ruts. As you can 9" we
shoveled In dirt to level it off but they said they would return and never did. (Excel
energy)
secondThe ofareaspooling i IMwater. Thegroundis sloping but on a
laks, there are pools fbnning in between high spots., Please see the PIDIF attachment.
The third picture is of to lowest outlet, it pools here as well btA it is eroding at a rate
that undercutsthe 1"-and put Currently drops about
2-4 Inches below the culvert.
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culvert * can d s Mwater standing In there but it hasbeen
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affxfiXINIWd 5stileef 651-42!,,L-32-32 of eT&V61-4IIIII 29-809
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County of Anoka )
City of Centervffle)
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I am a United States citizen, over nineteen (19) years of age, and the City Clerk of
the City of Centerville, Minnesota.
On October 20, 2016, acting on behalf of the said City, I deposited in the United
States Postal Box located at 1880 Main Street copies of the attached Public Hearing
Notice, in envelopes, with postage thereon fWly paid, to the individual property owners
ofthe following address.
Emm
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lbere is delivery service: by United States mail between the pp',Ox of mailing and the
places so addressed.
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(A)Purpose. It is intended that the R-2A District provide for higher -density single:-famfly detached,
attached and multiple -dwelling opportunities in areas where public utilities are available and required
for service. The design and circulation of new residential areas are also Wended to be complementary
with and enhance the community's small-town atmosphere.
''il IF
3*31, 11
(A)Purpose. It is intended that the R-2 District provide for lower -density, traditional single-family detached
dwelling opportunities in areas where public utilities are available and required for service. The design
and circulation of new residential areas are also intended to be complementary with and enhance the
community's small-town atmospheric.
(A)Purpose. It is intended that the R-4 District provide for high -density single-family, detached residential
opportunities in areas where public utilities are available and required for service. The design and
circulation of new residential areas are also intended to be complementary with and enhance the
community's sinall-town atmosphere.
(C) Special requirements. Manufactured homes are permitted in all residential districts if they meet the
design criteria for those districts. All other manufactured homes shall be located only in, designated
336 1 P ia g e
manufactured home districts which meet the requirements of this chapter. The general intent of this
district is to provide for manufactured housing in subdivided developments, in safe, attractive residential
neighborhoods with all urban services and desired amenities as other residential areas
(1) Manufactured homes shall not be parked on any public street or on any tract of land except as
provided in this section. Emergency or temporary stopping or parking is permitted on a public
street for not longer than three hours subject to any other and further prohibitions, regulations or
limitations imposed by the traffic and parking regulations or ordinances for that public street.
!!I 1 11111!11111111 11 111111111
foundation meeting the requirements of the Building Code for residential structures.
(D) Planned Unit Development Required. No person shall erect, establish, extend or enlarge a manufactured
housing development, park, or cooperative within the limits of the city without first obtaining approval
as a planned unit development from the City Council upon receipt of the recommendation of the
Planning and Zoning Commission. Approval shall be granted only upon compliance with all the
following:
(1) Compliance with all other terms of this zoning chapter;
(2) Compliance with all the terms of Chapter 153; and
(3) The proposed development must be located in the city's urban service area as shown in the
comprehensive development plan, and all manufactured homes must be individually served by
public utilities as required for all new residential dwellings.
(A)Purpose. It is intended that the R-5 District provide for low -density traditional single-family residential
where public utilities are available and required for service. The design and circulation of new
residential areas are also intended to be complementary with and enhance the community's small-town
atmosphere.
(B) Permitted uses. See Table 156-A.
337 1 P a g e
(A)Purpose, It is intended that the R-3 District provide for higher -density residential district where a
variety of dwelling types, are permitted, provided the overall density of the property mects the district
goal of 12 units per acre. The design and circulation of new residential areas are also intended to be
complementary with and enhance the community's s�mall-town atmosphere.All devellopmentAithin this ;
district shall be submitted for consideration through, the Planned Unit Development process, A site
submitted for Planned Unit Development in this district shall be a minimum of two acres.
Lqxz���
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TABLE 1: DISTRICT
REG ULATIONS LOT AND YARD REQUIREMENTS
District Regulations
Front
Rear
Side
Mill
IF
Min
Setback,
S , be etack Stback
�Bld'.
9
Garage
Size
Size
Grmnd
Floor Sq.
Ft,
NMI'
R-�2A Single-Famlily
Residential*
R-2 Single -Fly
15,000 ft. 100 ft.
Residential*
See district. 100 ft,
Requirement
s
R -5 Single -Family
-Residential - Estate*
P-1 Public/Semi-Public
M-I& M02 Mixed Uses
Specifications to be determined as a"Planned'Unit Development, Setback
are
governed by the Building Code.
NOTES:
The minimum size
of any residential building shall either be the;
ground floor square footage as stated
in this Table, or a minimum
of 1,;65'01 finished square feet for, the total structure, whichever is greater
at the
1-fime of building permit issuance.
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Spring and fal dean -ups
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Siprir*W, system maintenance, start up or wintedze
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* Doq8'gn and consufting
* Retaining waft - oil types struMrW and daearafiVe
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Water features such as ponde, waterfaiN, fountains and l water management systems
Plantings such as perennial or annual gardens. Seasonal plotting arrangements
• AM types of boarder edging
Decorative rock and mulches
Sprinkler systems
Light excavation and grading
Foundation drainage solutions
Cement work - plain or decorative
Ourwinter inaintaniance, services include:
* Snow plowing
control - salting of par)(ing lots, driveways and sidewalks
Loader pushing or piling
Snow build up haul awaylremoval from site
Rool'snowrernoval
Our retalkommercial building servill include:
Parking lot maintenance- sweeping
Handyman services interior and exterior
Decorative store fronts - seasonal potting arrangements
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Ord. 24, #37, A mewdedO912212010, Ord. 2d, #40, Amended 1212212010, Ord, 2d#46,, amended031231201J,
Ord. 2d # 56, amended 0510912012
Cross-reference:
Setbacks, see Appendix A, Table 1, Schedule of District Regulations Lot and Yard Requirements
Requirements and Table 156-A. I D,i strict Allowed Uses
Signs, see Chapter 152
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(C) Setbacks. Specific setbacks are set forth in Appendix A, Table 1, District Regulations Lot and Yard
Requirements,. In addition, side yards facing streets on comer lots shall be considered the same as fro
yards. Where a front yard or side yard of a comer lot faces a residential district across a street the
setback from the street shall be not less than 60 feet. I
(D) Off-streetparking. Off-street parking shall be provided as required by this chapter. All open sum
parking areas having more than six parking spaces shall, be effectively screened by a wall, fence of
acceptable design or compact hedge along all sides which, adjoin or are directly across the street from
the property in a residential zo�ne or institutional use. The wall, fence or hedge shall be maintained in
good condition. Plans for fencing shall be approved by the City Council. The fence shall not be used for
advertising purposes.
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(2) The screening, planting or construction, or both shall be complete within one year from the date
of building permi� subject to extension by the City Council;
342 1 Page
(3) The screening shall be maintained after completion; and
(4) A dollar amount of one and one-half times the estimated cost of planting and construction of the
screening shall be filed with the city in the form of a cash escrow or letter of credit. The cash
escrow or letter of credit amount shall be forfeited to the city if any provisions of this section are
violated.
(G)Landscaping. A minimum of ten percent of any lot shall be green space. Three percent of the surface
area of the land within a parking area shall be landscaped with grass and shrubbery or other approved
ground cover. Landscaped areas will continue to be maintained by the property owner on a continuous
basis. Green areas within abutting street rights -of -way will also be maintained by the property owner.
Additional landscaping regulations are set forth in § 156.116.
(H)Accessory structures. Garages, accessory structures, screen walls and exposed areas of retaining walls
shall be of similar type, quality and appearance as the principal structure. Accessory structures shall
comply with other requirements of this chapter.
(1) Permitted encroachments. The following shall not be considered as encroachments on setbacks subject
to other conditions within this chapter: off-street parking spaces, flues, belt course, leaders, sills, pilaster,
lintels, cornices, eaves, gutters, awnings, open terraces, service station pump islands, open canopies,
steps, chimneys, flagpoles, ornamental features, open fire escapes, sidewalks and fences, except as
hereinafter amended.
(J) Driveways.
(1) No driveway shall be located within 100 feet of any right-of-way line of a street intersection.
This distance shall be measured along the property line from the corner right-of-way line.
(2) Access drives onto county roads shall require a review by the City Engineer.
(K) Refuse.
(1) Garbage and rubbish containers shall be placed at the rear of the premises or in a manner as to be
out of view from the street. In no event shall containers or their enclosures be placed or
maintained in a way to unreasonably interfere with the use or enjoyment of adjoining property.
(2) All garbage containers shall be screened with a suitable enclosure.
(L) Loading facilities. Loading facilities shall be on the side of rear yards. When adjacent to and/or visible
from any public street, the facilities must be adequately screened.
(M) Storage. For the purpose of this zoning district, car, vans and pickup trucks parked outside and
used by employees and/or visitors in the normal course of the business operation will not be construed to
3431Psge
be outdoor storage. Furtheroutside parked trucks and semi -trailers used in the normal business,
commerce will not be construed to be outdoor storage:
and/or bay doors; and
detemined by the Planning and Zoning Commission, provided these uses are not e7plicifly
meritioned as permitted or conditional uses elsewhere in this Chapter.
(P) Industrial exterior building materials. Industrial buildings are required to be constructed of brick,
decorative: block or approved textured masonry product. Pole barn type buildings are not allowed.
Buildings are required to have contrasting architectural features and must be designed to be aesthetically
pleasing.
Cross-reference:
Signs, see Chapter 152
Adult business licensing, see Chapter I 10
M
IFM -1 Ili 111 FT
(A)Purpose. It is intended that the P-1 District provide opporbanities for government facilities, schoo
churches, hospitals, libraries and other similar public and institutional uses. i
(B) Permitted uses.
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4. Snowmobiles;
5. Personal watercraft;
6. PersonaJ utility trailer;
7. Ice house; and
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(f) Lakeshore properties can store the following items of personal property within 50 feet of
the shoreline during the months from September to May: docks, boat lifis, swim rafts,
slides and other swinm-dng equipment.
(2) Commerciallindustrial distficts. Storage of products, materials and equipment, excluding
rubbish or junk, which is necessary to an approved business operation in a commercial or
Ile, industrial distric� and wh�icb is completely screened from adjoining properties and rights -of -way.
The site plan review process is required to deterinine the appropriateness for storage permitted in
the section, surfacing required for the storage area and the screening required.
............................ ................. oj'unt ps
by the City Council.
119 '1 1 1 111
IiI F I II II
(A)Requiremenb in geneml. The following table illustrates the minimum number of parking spaces
required for various uses permitted in the city. The city may modify minimum parking requirements in
the M- I Disirict, as part of the planned unit development approval process, if it is deten.nined that the:
use is consistent with the purpose of the district and that parking is determined by the City to be
sufficient to accommodate the use.
(1) Applications provided by the city must be completed in writing prior to any consideration of
variance petitions. Fees required by the city shall be paid at the time of application.
(2) The Board of Appeals and Adjustments may require the applicant to provide copies of plans,
maps, surveys and the like, as deemed necessary, to ensure proper review and consideration of
variance petitions.
(3) After filing an application, the Administrator shall set a date for a public hearing. Notice of the
hearing shall be posted and published at least ten days prior to the date of the hearing, and notice
shall be mailed to each property owner within 350 feet of the property to which the variance
relates. Defects in the notice or failure to notify individual property owners shall not invalidate
the proceedings, provided a good faith effort was made to comply with these provisions.
(4) Upon the hearing request, the Board of Appeals and Adjustments shall either recommend
approval or denial for the variance and shall state the reasons for the action. Conditions which
are designed to mitigate the adverse impacts of the variance may be attached to any variance
granted.
(5) Upon receipt of the recommendations of the Commission, the Council shall hold whatever
hearings it deems advisable and shall make its decision upon the request to grant the variance. in
granting the variance the Council may impose conditions which it considers necessary to
mitigate the adverse impacts of the variance. Violation of any such condition is a violation of
this chapter. The Board of Appeals and City Council must find that the variance, if granted, will
conform with the "Standards" of this section.
(6) A variance granted but not used shall become void one year after its effective date.
(7) No application for the same or essentially the same variance shall be made within six months of
the date of denial.
Ord 2d #47, amended 0812412011
Conditional uses may be permitted within the several zoning districts of the city subject to the provisions
of this section.
(A)Authority. The Council may, after review, hearing and report by the Planning Commission, grant a
Conditional Use Permit authorizing the development of a conditional use upon a showing by the
applicant that the standards, criteria and purpose of the district in which the proposed use is to be
380 Page
(a) Any use specifically listed as a Conditional Use: in the regulations applicable to the
district in wh�ich it is to be located or otherwise stated in this Chapter to be a conditional
use;
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�FJ-Tb—afffe- proposea MiMing or use wift-6e=esignea, N—rr—ang-e--d anct operatea so as to PEW
the development and use of neighboring property in accordance with the applicable
district regulations.
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(1) An application for a Conditional Use Permit shall be submitted in triplicate to the Zoning
Administrator. The Planning Commission or the Council may require any additional information
they deem necessary before a hearing is held. In the Flood Plain Districts, the application shall
also follow the requirements of Chapter 155, Flood Damage Prevention.
with this Chapter. The: Commissioner of Natural Resources shall be given at least ten days"
notice of hearing of all applications for conditional uses in the Flood Plain Districts.
381 1 Page
conditional use. Such report shall be accompanied by findings of fact specifying the reasons for
the recommendation. In considering conditional use applications in the Flood Plain Districts, the
Planning Commission shall consider all requirements of this Chapter together with Chapter 155,
Flood Damage Prevention.
(4) The Council shall, within 30 days of the receipt of the report of the Planning Commission, grant
or deny the conditional use or refer the matter back to the Planning Commission for further
consideration. The Council shall not grant a conditional use unless it finds that the standards of
this Section have been satisfied. Any proposed conditional use which fails to receive the
approval of the majority of the members of the Planning Commission voting upon it shall not be
approved except by a favorable vote of four -fifths of all of the elected members of the Council.
(5) A Conditional Use Permit shall be valid for a period of one year from the date of its approval by
the Council, after which the same shall be revoked in the event that any proposed construction,
alteration or operation has not been started in accordance with the terms of such permit.
(b) A Conditional Use Permit shall remain in effect only so long as all of the conditions granted by
the Council are observed. The Permit is immediately void when a condition is no longer
observed and may only be renewed after a new application for a Conditional Use Permit has
been granted as set forth in this section. The Permit shall run with the land so long as the
conditions are observed. Failure of the City to discover the violation of a condition, or failure by
the City to act upon a violation of a condition does not constitute a renewal of the Conditional
Use Permit or a waiver of the City's right to take enforcement action.
(A) Purpose. It is intended that the interim use permit procedures allow flexibility in the use of land or
structures in the city, when the uses are not permanent and when the uses meet appropriate conditions
and performance standards that protect the public health, safety and welfare.
(B)Authority. The Council may, after review, hearing and report by the Planning Commission, grant a
Interim Use Permit authorizing the development of a interim use upon a showing by the applicant that
the standards, criteria and purpose of the district in which the proposed use is to be located, will be
satisfied. The standards and criteria shall include both general requirements for all conditional uses and,
insofar as practicable, requirements specific to each designated interim use.
(C) Standards and conditions far interim uses.
(1) A Interim Use Permit may be granted for the following uses only:
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1. Permit. Subject to the term and conditions set forth herefi4 the City of Cwtwville
hereby grants approval of a owditiond use permit for:
n
IT, -FRI 5111,Fffffff W-TTO",
-Jim
Ilw a: 'r.. r.. ill �illi�ilililillillillill
Tom Wilharber, Mayor
Attest:
Teresa n , 5
STATE OF MWNESOTA )
)SS.
COUNTY OF ANOKA
The foregoing ww acknowledged before me this L2 day of /W00 ol Lx-, 2014.
by Tom Wilharber, Mayor and Term Bender, Clerk of the City of Centerville, a
hdumw,ota muwcqW corporabon, on behalf of the corporation and pursuant to auffionty
granted by its City Council.
ANOKA COUNTYMINNESMA
Document No,: 2101173,003 ABSTRACT
I lieraiv certif�, that the within insininient %va,4 filed in
this office for rccord on: 02 25'2015 10:27:00AM
Fees Taws In the Amount of S46M
JONELL M., SAWYER
A110ka COUnty Prop"Tax
administrator Recorder Rogistrar of Titles
MIAL Deputy