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Home My WebLink About2001-10-02 P & Z Agenda 1- -,- #':"' PLANNING AND ZONING COMMITTEE MEETING AGENDA TUESDAY, OCTOBER 2, 2001 6:30 p.m. I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING (S) III. APPEARANCES 1. Mr. Bart Rehbein, Preliminary Plat (The Shores) - 1475 Mound Trail 2. Mr. & Mrs. Jeremy Bates - 1977 South Robin Lane IV. OLD BUSINESS 1. Preliminary Plat (The Shores) - 1475 Mound Trail 2. Ordinance #4 & 39 Modifications V. NEW BUSINESS 1. Ordinance #4 Letter - Mr. Patrick O'Connor 2. Ordinance #4 Letter - Mr. Rick Carlson (Hunter's Crossing) 3. Zoning Map Updates/Corrections 4. Comprehensive Sign Plan - Uptown Center 5. Vacating Mill Road Extension South of Main Street (Mr. & Mrs. Perron, 1798 Main Street & Mr. Clay Alcock, 1806 Main Street) 6. Lot Split - Mr. & Mrs. David West from Mr. Alcock (1806 Main Street) 7. Shea Architect's Business Concept Plans VI. DISCUSSION ITEMS VII. CONSIDERATION OF MINUTES 1. September 4,2001 Planning and Zoning Meeting Minutes 4 VllI. ADJOURNMENT tervi{{e 1880 ']v[ain Street. Centervi((e, ']v['J{ 55038 'EstaG{ishea 1857 (612) 429-3232 · 'fa;((612} 429-8629 CITY OF CENTERVILLE APPLICA nON FOR PRELIMINARY PLAT ; / DATE PAID 'l0;~)/ Of- *'>-c;;;::r . /f~<!~;.u-7i:;:;01 STREET LOCATION OF,PROPERTY C '3'. fl_!-+ FEE /t):f;{. dG \ 4- e . ;\/\ (': I ; f') f) TpA<1 L LEGAL DESCRIPTION OF PROPERTY PitAI ()~ LDT 7 ~ .A;uD sUP -Fe; SIZE OF PARCEL (S) G,; I><C. PROPERTY OWNER /!,t,PvJ..p G. LIl'"e~L FEE OWNER .4MtlJ UJ a. /...(1?RIiL ADDRESS 7 Slab PJzL j'/P.fJ.- L k DR. (.;5I PHONE # 4...:;:I-5S;~ APPLICANT'S INTEREST IN PROPERTY FEE OWNER LEASE HOLDER CONTRACT PURCHASER OPTION TO PURCHASE . ~ .' DESCRIPTION OF REQUEST f{) LoT (S It'il)LF 'FAMILY! SUSDIV(S(OII ~ REASON FOR REQUEST Plmi f] .1 Ii , J c -He~ ~'&'.il' .'-1 Signa. t~o'J!-nc~~v.",.: r.d:j - . .' /( /{../ Signature of~perty owner 9.2..5.01 Date · Plus any additional costs incurred for engineering, legal fees, publication or other requirements, ". !.:.~ Owner & Developer " Glenn Rehbein Excavating 8651 Naples SI. N.E. BLAINE, MN PHONE (763) 784-0657 "tCGfl.'/ <>:lifT <..0' ~ . gl " t PRELIMINARY PLAT OF THE SHORES ~', ';'1 ^ I " ": ~ VICINITy MAP """':.~.... " ('II,"' "'..JI' (".... \f-\\ I~G'J'" v ..c?,\', ~J .---" ", <I.~ ;\~.;; . ,C/' _______ ~ /~(..( ::,~;_o., ~ .....--K .,.{ /,,,-----, ~ ,.,1..,,~i'- ~ -8 ~":! " -, '" 'f. ") 9 ,,;, "'-, _c~~_ )\.-,~~~: ". j"' \1 ~~~J~r1VV'::' i: t: - . ' i' _/:l.._-W>.---~ ~ r ~~Jr' . -~ I .# . "-':'~'<:, '20-' ./ ~/::> ../.-.' fi7 ,/. Ct~.._~. r.'~'::~'i'~ .:.' ~"'. I I I ! l~ i' I ii I i: is , I), , . v 7 ,,,"~s..< TYPICAL LOT f'g ,,(-;;;1,;;;;;. -~l I ;-._--L---r [I _"".... 110' "" ""'l>[i -" ,,, ~- : :~ I""'r"'~ """"-'--~{~,-'-'i=-,J Fy ~, ,\, -<> ~ ,::.~ ";\~ . 's-JOts.>. \ -;;'1'; '.. '!> "'- . ";, .,<"). '.) j' , ", 8 ".'685.(. 1 ..0, -------- 5 l'.ll1S1 . 'o.,lOH ,,- SO_C".~.., ! , , ""-___fJ.----4-~":\ __ _~, "V;;, (;:o"./-"l"soni\cry ~ ~ ... "'~ ~S7..~ -\. -' LC~ ;!J -. "--;-::c....~":~"--............'..,,. -y-r7~c'''' Se",er ""-'.'"':l i...,o,; 'N" ~6".J "",,,'Jr. ~ '. '" '" o...,..-,"'-r' ,~ '.,!",~.' 'n, ,:~,~~7. Sf.) - -, LAKE , i CENTERVILLE n.TU.u;vt:!." 6ll",5.1.S 0' lI!IZ!OI -, - ; , September 19,2001 To: Planning & Zoning '0 From: Paul Palzer ..~ The following items in Ordinance #4 require your atj:ention in resolving issues that have been brought to my attention by residents and staff, 1, The zoning map needs to be updated to accurately retlect the zoning lines and eliminate the C 1 zoning, which is not identified in the Comp Plan or Ordinance #4 on page 27, It would also be helpful if this plan had a P, U ,D, overlay identitying those properties, which were developed utilizing this process, 2, Division 30: Non-conforming Uses and Structures: page 20: The time frame for an abandon or discontinued use has been extended to 12 months under state statute, 3. Division 65: Accessory Structures and Uses: page 24: "For all other properties" should be changed to "For all other properties in the M-l district" Also language should be added to allow a larger detached garage in the R-4 district, maybe up to 440 square feet, which may require modified setbacks from the rear and side lot lines. The combined area of attached garages and accessory structures should be limited to 1200 or 1500 square feet maximum. Accessory structures on the street side yard should be set back the same as the principal structure setback. 4. Division 75: Final Grading and Landscaping: page 26: after "grade as specified" the following language should be added "except during inclement weather an escrow shall be deposited with the City as approved in the tee schedule. 5. Division 080-100: Industrial District, item "Special Requirements", page 33: This section should be deleted in its entirety as Division 135-140 on page 48 is more comprehensive and complete. 6. Division 105: Fences: page 37: A zoning permit should be required for fences, driveways, patios, sheds, plantings and landscaping in the city right of way and drainage easements, retaining walls, sodding after issuance of certificate of occupancy, fill in the floodplain, dog kennels. 7. Division 110: Sign Regulations: page 38: This section should be deleted in its entirety. 8. Division 135-140: Outside Storage: Residential Districts: item C: page 48: The heading should be changed to include dwelling units in the M-1 District. 9. Wording should be included as to the adoption of the Building code along approved amendments by the City. 10. Certificate of Occupancy should be required for R -1 and R - 3. i i ' The following change should be made to clarify when a zoning permit is required for signs. Also, the Commission should approve a zoning permit application form. Section 020 covering temporary signs may also be required to obtain a zoning permit. The Commission should recommend a fee for the various zoning permits required in Ordinances #4 and #39. Ordinance #39: Division 30: District Regulations: Add the terms "Zoning Permit is required for the following section 030-(010-040) r 3. Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; 4. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; 5. Replacing or providing substitute wetland resources or environments. 6.13 Woodland Pl-eservation In residential areas, structures shall be located in such a manner that the maximum number of woodlands shall be preserved. Iflarge numbers of trees are cut in residential areas, trees shall be replanted in a density and manner satisfactory to the City Council. Clearcutting of woodlands for non-agricultural purposes is prohibited, unless the action involves a utility or roadway, required by the public, and includes a reforestation plan required by the City Council. 6.14 Erosion and Sedimentation Control No land occupant or developer in the City shall cause or conduct any land disturbing activity which Causes excessive erosion or sedimentation, or which results in damage to water or soil resources. All development in the City shall conform to the natural limitations presented by the topography and soil types in order to minimize soil erosion and sedimentation. Erosion and sedimentation controls shall be consistent with the MPCA's "best management practices". Land disturbing activities shall occur in increments of workable size such that adequate erosion and sediment controls can be provided throughout all phases of the development. The smallest practical area of land shall be exposed or otherwise disturbed at anyone period of time. Areas where natural vegetative barriers are not enough to contain erosion and sedimentation from penetrating water bodies, wetlands, water courses or neighboring properties shall be staked with silt fences and straw bales. 6.15 Seasonal Mineral Extraction A. Any seasonal or temporary mineral extraction activity in the City requires a permit approved by the City Council and must meet the following conditions: 1. An application for seasonal extraction must be filed with the City Clerk, and an approved permit must be received from the City Council prior to beginning of operations; I 4/1/00 DRAFI 37 r- - 2. The applicant must furnish the City with detailed plans, identifying existing elevations and contours, material quantities, accessjhaul routes and final grades/contours. 3. The duration of a seasonal extraction permit shall be from April 15 to Oetooer 15November 1" of the permit year; 4. Material stockpiles may not remain after the duration of the permit. 5. Topsoil may not be removed from the site, unless authorized by the City Council. B. A seasonal extraction permit shall not be required for any of the following: 1. Excavation for a foundation, cellar or basement of a building if a building permit has been issued. 2. Excavation by state, county, or City authorities in connection with construction or maintenance of roads, highways or utilities. 3. Excavation less than 100 square feet in area or one foot in dcpthfiftv ("0) cubic vArds in a calendar year. 4. Excavation or grading for agricultural purposes. C. The following rehabilitation standards shall apply to the site of any seasonal extraction operation: 1. Topsoil shall be removed from the excavation area(s) and stockpiled for rehabilitation. 2. Rehabilitation shall be continuous, occurring as quickly as possible after the extraction operation has moved into another part of the extraction site. 3. The excavation area shall be graded to blend in with the un excavated area, without changing or impacting the natural course of drainage. 4. Topsoil shall be replaced and the disturbed area re-seeded prior to permit expiration. The minimum depth of topsoil, whether natural to the site or imported, shall be at least three (3) inches. 5. All water areas resulting from excavation shall be eliminated upon rehabilitation of the site, unless previously approved by the City. I 4/1/00 DRAFr 38 6. The slope of the restored site shall not exceed a ~ ratio. D. Irrevocable Letter of Credit or Cash The City Council shall require the applicant or owner of the premises on which the seasonal extraction operation is located to post cash escrow or letter of credit in an amount and fomi determined by the City Council. This letter of credit or cash shall pay the City the extraordinary cost and expense of repairing any roads where such repair work is made necessary by the seasonal extraction, or to complete rehabilitation of the site consistent with the rehabilitation standards in 6.1S(C) and any out of pocket expenses incurred in the enforcement of this Ordinance. The security shall remain in full force for a minimum period of one (1) year after expiration of the extraction permit to guarantee the required rehabilitation as well as the other requirements herein provided. 6.16 Landscaping A. Minimum Ouantities All new development activities, including site modifications or use intensifications, shall be subject to landscaping improvements. The following table illustrates requirements within each zoning district: ;1 ~t_~ )U 0- \:_1.' .:z." , '\;,t' \.~.... District R-l R-2 R-3 PRD C-l C-2 C-3 I-I PII Foundation Plantin S4 ~/ , Trees shall be deciduous and planted at the boulevard, except on cuI de sacs where one of the required trees may be planted off the boulevard but in the front yard area. 2 Trees shall be deciduous. Unit exposures with street frontage shall be planted at the boulevard. 3 Tree spacing must include trees at the boulevard at minimum fifty (50) feet intervals. 4 The calculation for the number of foundation plantings is based upon one (1) planting for each lineal feet of building perimeter and parking lot perimeter. Plantings may be grouped rather than dispersed at ten (10) feet intervals. 5 The required number of trees is based upon a minimum of eight (8) trees or one (1) tree per 3000 square feet of site area, whichever is greater. Tree spacing must include trees at the boulevard at minimum fifty (50) feet intervals. B. Minimum Standards 1. Overstorv Trees. .1./1 100 DRAEI 39 3. Construction trade offices and yards. 4. Manufacturing, warehousing, distribution, processing, assembly and research uses, except waste management. 5. Adult orientated business. packaging, C. Special Requirements 1. The storage of supplies, products, vehicles, equipment or other materials shall be kept indoors unless totally screened from public rights of way and adjacent properties. 2. Adult orientated businesses are regulated by City of Centerville Ordinance ]>hl~" 5.14 P /1 Public/Institutional District A. PUl:pose In addition to the purposes stated in Section 2, it is intended that the P /1 District provide opportunities for government facilities, schools, churches, hospitals, libraries and other similar public and institutional uses. B. Permitted Uses 1. Government buildings, structures, facilities, utilities, rights-of-way, easements, parks, open spaces and vacant land. 2. Schools, churches, cultural and educational facilities and uses, libraries, hospitals and health facilities. 5.15 FO Floodplain Overlay District A. Puwose In addition to the purposes stated in Section 2, it is intended that the FO District provide opportunities for uses of land in the flood plain that do not adversely impact the capacity of the flood plain to store and carry flood waters. B. Permitted Uses The following uses are permitted in the floodplain, provided that they do not adversely affect the capacity of the channels or floodways of the main stream, tributary, drainage ditch, or any other drainage facility or system. 1. Agricultural uses 2. Private and public recreational uses 3. Non-structural residential uses such as lawns, gardens, and play areas I 411/00 DRAFT 29 4. Non-structuring commercial, industrial and institutional areas, including parking and vehicle maneuvering areas, storage areas, setback areas, and yards c. Special Requirements 1. All Uses a. No structure, fill, deposit, obstruction, storage of materials or equipment, shall be aIiowed that unduly affects the capacity of the floodplain or measurably increases flood heights. Consideration of the effects of a proposed use shall be based upon the reasonable assumption that there will be an equal degree of encroachment extending for a significant reach of both sides of the stream. b. Building permits issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications. Any other use shall be deemed in violation of this Ordinance, and punishable by penalty provisions of Section 7.04. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and structural elevations were accomplished in compliance with the provision of this Ordinance and regulations of the State of Minnesota. 2. Fill a. All applicants must show that any fill that they propose to deposit in the floodplain must have some beneficial purpose and the amount thereof must not exceed that necessary to achieve the intended purpose, as demonstrated by a plan submitted by the owner showing the uses to which the filled land will be put and the final dimensions of the proposed fill or other materials. b. Such fill or other materials shall be protected against erosion by rip-rap, vegetative cover, or bulkheading. 3. Storage of Material and Equipment a. The storage of materials that are, in time of flooding, buoyant, flammable, explosive, or could otherwise be injurious to human, animal, or plant life is prohibited. Stored materials must be adequately flood-proofed and in full compliance with applicable Pollution Control Agency regulations. b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or readily removable from the area within the time available after flood warning. I 4/1/00 DRAFT 30 -, 4. Variances a. No variance shall provide for a lesser degree of flood protection than stated in Section 5.15. b. Notice of any application for a variance shall be submitted to the Commission of Natural Resources at least ten (10) days prior to the date of hearing on the variance. Such notice shall specify the time, place, and subject matter of the hearing and shall be accompanied by such supporting information as is necessary to indicate the nature and effectof the proposed use. A copy of all decisions granting a variance under this section shall be forwarded to the Commission of Natural Resources within ten (10) days of such action. 5.16 Minimum Dimensional Standards }~_-'5 Lot Area Lot Max. Front Side Rear Max. Lot District Width. Densitv3 Yard4 Yards Yard Hei..hts Covera",e6 RR 10 acre ~oo' 1110 acre -q)' ~o' 50' ~s' NA R-1 17,500 sf 100' 2/ acre 35' 10' 2<;' ~<;' 25% , R-~; 1l,~~00 sf 80 il/acre 3~'" 10' 25' 35' 2<;% R--(l' ,0 , cr , 10' 25' , "e%- R-4 ;:\,630 sf' 200' 12/acre 3-;;' <!D' 2<;' 40' 75% PRD Varies Varies Varies ~<;' 10' 30' 40' Varies "" C-l I 20,000 sf 1~0' NA 30' <<0' 30' 40' ~~ , , C-3 I 20,000 sf 1<;0' NA ~o' 20' 30' 40' TSaQ% )-1 I 1 acre 200' NA "0' 20' 30' 40' 9-'i80% PI) 20,000 sf 120' NA 35' 20' 30' 40' - 50% r;' , Minimum lot area per dwelling unit. 2 Corner lots must be fifteen (15) feet wider to accommodate double setback requirements. MininlUm lot widths are measured at the front yard setback line. 3 Units per gross acreage 4 Residential setbacks along any County or State highway shall be forty (40) feet. 5 Side yards with street frontage in residential districts shall be thirty (35) feet 6 Height limitations apply to principal and accessory structures, except in the residential districts where the maximum height of accessory structures is fifteen (15) feet. 7 Relationship of impervious surface area to total site area ., )..k C0J"'~~- I ~- . , ,1,~,,.j; t} .! ....,. ,...,yjY '- "'j l \.- '"1---.. "'- I~ t,.-'" I _ \,;"'-- < l c - , "j i,,: . . ).:,;, ~, - l! , '" 1.--"-> {1\-G , ) 1 c) C D v , rk.- ? :t'~ ,- 11..!.L - :?[: " j , ..., ~ . "(' 2 S"'":) <:+ i.::..~ ,," ;\~.:.) /<+ .:-tv j" - .'. ,.-'/^, 35~ .>::.,' LC ...-,. t} ,1/\ .1 1-, I.'il)('- \--" /~', C);C{) 5C /" " J C:.'-;\ ~ c , / (.-S ;:,.. :.! () ZI:-< ..lJ..:!..J Cl..9- 41/<1? l.~~ -p . \ Ji. ~'v':l'" _,,-,. i \1 (, d'~k, (\ v~pb1/QQ D&r Y-"") ,y 5'0(, 1\ l\ ('\j....j IV- \~ 31 " Effective 05-01-01 City of Centerville Ordinance #39 . STATE OF MINNESOTA COUNTY OF ANOKA CITY OF CENTERVILLE ORDINANCE # 39 An ordinance regulating signs in the City of Centerville, Minnesota and providing for the administration and enforcement of such regulations. The City Council of the City of Centerville ordains as follows: DIVISION 10: General Provisions Section 010-010: Title. This ordinance shall be known as Ordinance #39, City of Centerville Signage Ordinance except as herein referred to as "this Ordinance". Section 010-020: Purpose and Intent. It is the purpose of this Ordinance to: . Establish a set of standards for the fabrication, erection, use and maintenance for signs, symbols, markings, advertising devices or other items that serve as visual communication media. . Allow creativity in sign design while at the same time ensuring that the public is not endangered, annoyed, distracted or displeased by unsafe, disorderly, indiscriminate and unnecessary use of visual communication media. . Administration and procedures for requiring permits, payments of fees and providing for penalties for non-compliance. Section 010-030: Repeal of Conflicting Ordinances. Those parts of Ordinance #4 (Zoning Ordinance) or any parts of other Ordinances inconsistent herewith are hereby repealed. In all other respects said Ordinance #4 (Zoning Ordinance) and other Ordinances shall remain in full force and effect. Section 010-040: Definitions. Advertising Sign - An "Advertising Sign" is a sign, which directs attention to a business commodity, service or entertainment not exclusively, related to the premises where such a sign is located or to which it is affixed. Area Identification Sign - A freestanding sign that identifies the name of a residential subdivision, commercial or industrial development. Billboard - A sign erected for the purpose of advertising a product, event, person or subject not entirely related to the premises on which the sign is located. Page 1 of 11 . Effective 05-01-01 . City of Centerville Ordinance #39 Business Frontage - The linear frontage of that portion of a building facing the right-of-way and occupied by one separate business. Business Sign - A "Business Sign" is any sign which identifies a business or group of businesses, either retail or wholesale, or any sign which identifies a profession or is used in the identification or promotion of any principal commodity or service, including entertainment, offered or sold upon the premises where such sign is located. Canopy - A permanent roof structure attached to and supported by the building. Changeable Copy Sign - Any sign that is characterized by changeable copy, letters or symbols, regardless of method of attachment. Directional Sign - An on-premises sign designed to guide or direct pedestrian or vehicular traffic. Flags - Devices generally made of flexible materials, such as cloth, paper of plastic, and displayed on poles, strings or wires, but excluding the flag of any country or state. Flashing Sign - An illuminated sign on which such illumination is not kept constant in intensity or color at all times, when such sign is in use. Freestanding Sign - Any sign supported by structures or supports that are permanently anchored in the ground and that are independent from any building or structure. Historical Identification Symbols - Those symbols which have historically been identified with the service the establishment provides, are common to similar enterprises in all other localities and are not a particular trademark or business identification. Illuminated Sign - A sign that has an artificial light source directed upon it or which has an interior light source. Major Anchor - A single tenant in a shopping center that is at least 20% of the total square footage and in excess of 50,000 square feet. Motion Sign - A sign that revolves, rotates or moves. Political Sign - Any sign which states the name or picture of an individual seeking eJection or appointment to a public office, or pertaining to a forthcoming public election or referendum, or pertaining to or advocating political views or policies erected on private property, which is erected by a bona fide candidate for political office or by a person or group supporting such a candidate and which contains the name of the person or group supporting such a candidate and which Page 2 of 11 Effective 05-01-01 City ofCenterville Ordillance #39 contains the name of the person or group chairman responsible for the erection and removal of the sign. Portable Sign - Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels, signs converted to A- or T-frames; menu and sandwich board signs; umbrellas used for advertising; and signs attached to or painted on. vehicles parked and visible from the public right of way, unless said vehicle is used in the normal day-to-day operations of the business. Setback - The minimum horizontal distance between a lot line and a building line or use. Sign - The term "Sign" shall mean a name, identification, description, display, illustration structure or device which is affixed to, or painted on, or represented directly or indirectly upon a building or other outdoor surface or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization or business. Sign Area - The entire area within a continuous perimeter enclosing a sign, exclusive of sign embellishments, which may extend beyond said perimeter as regulated herein; such perimeter shall not include any structural elements lying outside of said sign and is not an integral part of the display. Double-faced signs are permitted with the maximum square footage allowed on each face as that allowed for a single face sign; multi-faced sign areas may not exceed the area permitted for a single faced sign. Sign Height - Height shall be measured from grade to the uppermost points or level of sign surface. Temporary Sign - A sign that is not permanently affixed. All devices such as banners, pennants, flags (not intended to include flags of any nations) searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures. Wall Advertising Sign - An advertising sign attached to or erected against the wall of a building or structure with the exposed face to the sign in a plane approximately parallel to the face of said wall and extending not more than fifteen (15) inches from the building wall face. Window Sign - A sign affixed to or inside a window in view of the general public, but excluding merchandise on display. DIVISION 15: General ReQulations A. Signs are prohibited within the public right-of-way or easements except that the City Council may grant a Special Page 3 of 11 Effective 05-01-01 City ofCenterville Ordinance #39 Use Permit to locate signs and decorations on or within the right-of-way for a specified period of time. B. Flashing signs, motion signs or similar devices shall be prohibited in all districts except commercial district signs that meet the criteria detailed in the commercial district standards. Approved traffic signs are exempt from this provision. c. Unless specifically allowed in this Ordinance, interior illuminated signs are permitted in all districts except Residential. All illuminated signs shall have a shielded light source. D. Business signs shall not be painted, attached, or in any manner affixed to trees, rocks or similar natural surfaces. No signs of any type shall be painted directly on to the roof or the sides of a building. E. Signs that interfere with the ability of vehicle operators or pedestrians to see traffic signals, or which impede the vision of traffic by vehicle operators or pedestrians are prohibited. F. Signs shall not project above the roofline of any structure without the issuance of a Special Use Permit. G. No sign shall physically obstruct any window, fire escape or opening intended to provide entry or exit to any structure or building or public way. H. All signs and sign structures shall be properly maintained in a safe, orderly condition at all times, .including the replacement of defective parts, cleaning and other items required for the maintenance of the sign. Vegetation within ten feet in any direction of the base of ground signs shall be neatly trimmed and free of weeds, and no rubbish or debris that would constitute a fire or health hazard shall be permitted under or near the sign. I. No signs may be placed on utility poles in the community. J. There may be no more than one identical sign per lot in a residentially zoned area. K. The changing of the advertising message of a painted or printed sign, or changeable copy sign, and the painting, repainting and cleaning of signs will not require a sign Page 4 ofll Effective 05-01-01 City of Centerville Ordinance #39 permit, but will otherwise be done in compliance with this Ordinance and any other applicable laws. L. No sign may by reason of its location, color or intensity, create a hazard to the safe and efficient movement of vehicles or pedestrian traffic. No private sign may contain words that might be construed as traffic controls, such as "Stop", "Caution", "Warning", or.. otherwise resemble any official marker erected by a governmental body or agency, unless such sign is a directional sign. DIVISION 20: Permitted siems with no permit reauired Section 020-010: Political Signs. Political signs posted by bona fide candidates for political office or by a person or group promoting a political issue for a candidate may be placed in any district subject to the requirements of the district. Campaign signs may be posted for a period not to exceed sixty (60) days and shall be removed within seven (7) days following the date of the election. Only one sign (1) per candidate will be allowed per lot. Section 020-020: Temporary Signs. A. Temporary banners and pennants shall be displayed for no more than fourteen (14) days. A maximum of six (6) occurrences per year are allowed. Banners or pennants determined to be an integral part of the design or architecture of a building are permitted. B. One temporary identification sign, setting forth the name of the project, architect, engineers, contractors, planners and financing agencies, may be installed at a construction site in any district for the period of construction. The sign area of a temporary identification sign shall not exceed thirty-five (35) square feet. C. In any district, one (1) temporary real estate sign may be erected for the purpose of advertising the lease or sale of property upon which it is placed. Only one (1) such sign shall be permitted per street frontage. Such sign(s) shall be removed within seven (7) days following the lease or sale of the property. The maximum size of such signs for each district is as follows: Residential Districts - Ten (10) square feet Commercial Districts - Thirty-two (32) square feet Industrial Districts - Thirty-two (32) square feet Mixed-Use Districts - Sixteen (16) square feet Page 5 of 11 Effective 05-01-01 City of Centerville Ordinance #39 Agricultural/Rural Residential - Thirty-two (32) square feet In any district, one (1) temporary "help wanted" or "now hiring" sign may be erected for the purpose of advertising employment positions. Only one (1) such sign shall be permitted per street frontage. Such sign shall be removed upon filling the employment position. The maximum size of such signs for each districts are as follows: D. Commercial District - Thirty-two (32) square feet Industrial District - Thirty-two (32) square feet Mixed-Use District - Sixteen (16) square feet Agricultural/Rural Residential - Thirty-two (32) square feet E. Signs pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided permission of the Council must be obtained to erect such signs upon or over public property and provided further that such signs shall not be erected or posted for a period of more than fourteen (14) days prior to the date of the event and must be removed within three (3) days after the event. Section 020-030: Directional Signs. Directional signs having a surface area not greater than five (5) square feet. Section 020-040: Memorial Signs. Memorial signs or tablets, or names of buildings and date of erection when cut into a masonry surface of constructed of metal, wood or stone and attached to the building not exceeding a sign surface area offour (4) square feet. Section 020-050: Freestanding Signs. Freestanding signs for garage sales or similar events occurring within the corporate limits of the City, not exceeding four (4) square feet in sign surface area, erected on private property with permission of the landowner, and displayed for not more than three (3) consecutive days. Section 020-060: Window Signs. Temporary or permanent window signs duly authorized by zoning and other laws of this City, provided that all such signs on a frontage shall not have a total sign surface area greater than 50% of the glass area, excluding doors, on such frontage and provided that a minimum of one-half of the open window space must be below a horizontal line which is five (5) feet above the interior floor of the commercial establishment. Merchandise displays in windows shall not be considered a part of the sign area if such display is not to be continued for a period of more than eight (8) weeks. DIVISION 25: Portable Signs Page 6. of 11 Effective 05-01-01 City of Centerville Ordinance #39 Portable signs are prohibited in residential districts. Portable signs in all other districts are allowed with permit as specifically authorized below. Portable signs used for the purpose of directing the public will be permitted subject to the following conditions: A. Said sign is coincidental to or used in conjunction with a public function; and B. Said sign is used for a special business promotion or event; and C. The period of use for such a sign shall not exceed fourteen (14) consecutive days; and D. No business may have more than six (6) special promotions or events per year; and E. Portable signs may not exceed eighty (80) square feet. DIVISION 30: District Regulations/ ZoninQ Permits Required For The Followina Section. Section 030 - 010: Residential/Public Districts (R1,R2, R2A, R4, RS, P1) (Section 030) Permitted Signs A. Residential Identifications - Not more than two (2) square feet per nameplate or six (6) square feet in area for each multiple-family building. B. Institutional Identifications - Churches, schools, parks etc. allowed up to thirty-two (32) square feet; not taller than eight (8) feet. C. Business Signs - Home-based businesses may have a sign that is no larger than four (4) square feet. The sign may not be an interior-illuminated sign. Section 030 - 020: Commercial District (B1) Pennitted Signs A. Wall Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. B. Free Standing Signs - One (1) free standing sign per business or business complex provided, however, said sign Page 7 of 11 Effective 05-01-01 City of Centerville Ordinance #39 does not exceed two hundred (200) square feet in area and thirty-five (35) feet in height. C. Area Identification Signs - One (1) area identification sign is permitted per street frontage, however said sign does not exceed sixty four (64) square feet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-of-way. Section 030-030: Industrial District (11) Permitted Signs A. Wall Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. B. Free Standing Signs - One (1) free standing sign per street frontage provided, however, said sign does not exceed two hundred (200) square feet in area and thirty-five (35) feet in height. C. Area Identification Signs - One (1) area identification sign is permitted per street frontage, however said sign does not exceed sixty four (64) square feet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-of-way. Section 030-040: Mixed-Use District (M1) Pennitted Signs A. Wall Signs - Wall signs are permitted on each publiC street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. B. Canopy Signs - Signs on these structures are allowed as long as the sign area does not exceed ten percent (10%) of said wall area. C. Ground Signs - One (1) ground sign is permitted per street frontage; however, said sign does not exceed eight (8) feet in height and thirty-two (32) feet in area. DIVISION 35: Comprehensive Sian Plan Reauired A comprehensive sign plan is required at the time of Planning and Zoning Commission review of any proposed new commercial or industrial development. Said plan shall indicate the location, size, height, color, lighting and orientation of Page 8 of 11 Effective 05-01-0 I City ofCenterville Ordinance #39 all proposed signs and shall be submitted for approval pursuant to the regulations of the City of Centerville. Building permits and inspections are necessary as required by building and electrical code. Fees for required permits or hearings shall be set by approved annual resolution of the City Council. Section 035-010: Application for Permit. Every application for a sign permit must be accompanied by a plan drawn to scale~nd including the following: A The dimensions of the sign and where applicable the dimensions of the wall surface of the building to which it is to be attached. B. The maximum and minimum height of the sign. C. The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. D. The proposed iocation of the sign in relation to the boundaries of the lot upon which it is to be situated. E. If the sign is to be illuminated, the technical means by which this is to be accomplished and the hours of illumination. F. Where the sign is to be attached to any existing building, a diagram or photograph of the face of the building to which the sign is to be attached. G. The name and address of the owner of the sign and the address of the property where the sign is located. H. Where a ground level sign is proposed with berming, a diagram showing grade level and dimensions of the berm. L When a multi-tenant comprehensive sign plan is submitted, the plan must include the location, size, height, color lighting and orientation of all signs. J. Where a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from. the established grade, size, color, lighting and hours of illumination. DIVISION 40: Adiustments and Appeals Page 9 of 11 Effective 05-01-01 City ofCenterville Ordinance #39 The commission of adjustments and appeals will be comprised by all members of the Planning and Zoning Committee. The Planning and Zoning Committee will hear and make recommendations to the City Council regarding: A. Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the City in the enforcement of this Ordinance. B. Petitions for variances from the literal provIsIons of this Ordinance in instances where their strict enforcement would cause hardship because of circumstances unique to the individual property under consideration. Criteria for granting a variance will be the same as the criteria for granting a variance in the City's zoning ordinance. DIVISION 45: Non-Conforming Signs Section 045-010: Legal, Conforming. All signs existing as of the adoption date of this ordinance conforming to the requirements of this ordinance and not requiring a permit under the provisions of this ordinance, may be maintained so long as the sign continues to comply with the provisions of this ordinance, as it may from time to time be amended. Section 045-020: Legal, Non-Conforming, Signs. All signs existing as of the adoption date of this ordinance which would be prohibited by ordinance or which would require a permit under this ordinance but have not received a permit, will be deemed to be legal non-conforming signs. Legal non-conforming signs may continue to exist without a permit and without constituting a violation of this ordinance until one or more of the following occurs: A. The sign is structurally altered (except for normal maintenance) in a way that makes the sign less in compliance with this ordinance than it was before the alteration. B. The sign is relocated to a position making it less in compliance with this ordinance than it was before the relocation. C. The sign is replaced. D. Any new primary sign is erected or placed in connection with the enterprise using the legal non-conforming sign. DIVISION 50: Enforcement Page 10 ofll Effective 05-01-01 City of Centerville Ordirumce #39 If a sign is in violation of this ordinance, or is in danger of falling, or is otherwise a menace to the safety of persons or property, the Building Official may give to the owner of the property on which the sign is located, written notice specifying the violation, ordering the cessation of the violation and requiring either the removal of the sign or remedial work in the time and manner specified in the notice. In the event of failure to comply with the notice within thirty (30) days, the Building Official may remove the sign or cause such remedial work to be done. The cost of the work performed by the City, must be paid to the City by the owner of the property on which the sign is located. If payment is not made within thirty (30) days after a statement of costs is sent to the owner, the costs may be assessed against the property by certifying the costs to the County. If a sign that has been removed is not reclaimed and costs paid within thirty (30) days after its removal, the sign may be sold or otherwise disposed of by the City. If a sign is found to be an immediate danger to the public because of its unsafe condition, it may be removed without notice, and written notice of removal and reasons for the removal will be given to the owner of the property on which the sign is located as soon as possible. DIVISION 55: EFFECTIVE DATE This ordinance shall take effect the day following the second publication in the city's official newspaper. Mayor Tim Swedberg Attest: City Administrator Page 11 of 11 . , Patrick O~Connor 1661 Lake/and Circle Centervil/le~ MN 55038 USA 651-762-8453 September 26, 2001 Planning and Zoning Committee Centerville Dear Members: I have been speaking to Teresa in the city offices concerning the City of Centerville Ordinance #4 Item C. As it is written, it doesn't make sense and I asked her to clarify it for me. Although she was extremely helpful, she was unable to explain why it has been worded in this way. I should like to know what is the intent of the ordinance? Presumably, the original intent was to impose certain restrictions on the indefiinite parking of various units in a driveway. As item C reads, these units are allowed to park wthout any restrictions, which cannot be the committee's original intent. It seems that the word "no" should have been placed before "more" so it would read... may be stored outside of a structure for no more than forty-eight (48) hours.... Perhaps you could refer back to the committee's minutes to establish the original intent. If; It was, and is, the committee's intent to allow unrestricted parking of non-personal motor vehicles and other units, on a driveway, then, the words... for more than forty-eight hours.. should be struck out as they are superfluous and confusing. However, if it is the purpose to allow indeterminate parking, I think that the committee should review item C. How can it be fair and equitable to his neighbors to allow a householder to park a 35ft Motor-Home and, say a 30ft Motor-Boat, outside his house forever and a day? Perhaps you will let me have your decision in due course. Yours sincerely, 0~~J( ;J~ ,4 Copy: Mayor T. Swedberg: . , , 3 Amended: 914101 2 Amended: 6/2710 \ ] Amended: 1/10101 Effective 915100 City of Centerville Ord. #4 A. Agricultural products, equipment and appurtenances owned by the owner of the property and used on the property on which they are kept; and , B. All licensed and operational motor vehicles shall be parked on the permitted driveway area. Any non-licensed, non-operational vehicles must be stored in an enclosed structure; and C. A maximum of two (2) of the following units may be stored outside of a structure for more than forty-eight (48) hours on any residential parcel provided they are stored on the permitted driveway area outside of the road right-of-way or are in a side or rear yard. A licensed motor home or fifth wheel trailer is allowed in a side or rear yard. 1. Boat 2. Camper 3. Motor home 4. Snowmobile's 5. Personal watercraft 6. Personal Utility Trailer 7. Ice House 8. Small construction equipment None of the above mentioned items may have an overall length from front to back in excess of thirty-five feet (35'). D. Clothes lines, antennae, air conditioners, outdoor grills, play equipment, ornaments and monuments; and E. Temporary storage of materials and equipment during construction and landscaping. Commercial/Industrial Districts: Storage of products, materials and equipment, excluding rubbish or junk, which is necessary to an approved business operation in a Commercial or Industrial District, and which is completely screened from adjoining properties and rights-at-way. The Site Plan Review process is required to determine the appropriateness for storage . Page 48 of 77 . 9 B~ RICHARD S. CARLSON & ASSOCIA rES 7671 Central Avenue * Fridley, MN 55432 * (763) 786-1218 Fax (763) 786-1219 September 4,2001 Mr. Tim Swedberg, Mayor, City of Centerville and Council Members 1880 Main Street Centerville, MN 55038 RE: Ordinance #4, Division 75, Subdivision 1 Dear Me Mayor, I would ask with this letter that you consider an amendment to Ordinance #4, Division 75, Final Grading and Landscaping, Subdivision I: No occupancy permit shall be issued until the lot upon which the structure is constructed is brought to finished grade as specified. ...-.!- believe this ordinance, as it is written, would prevent any new resident from occupying their new '.-home during winter construction, from November through March, or possibly April of the following year, for the following reasons: The Development and Grading Plan submitted during the development process is a footprint for drainage in the front yards, side yards, and rear property lines. The Development and Grading Plan submitted during the development process can not be an exact footprint for drainage and grading behind the home because the actuai plan or depth of the home has not been determined. An example would be Hunters Crossing. Each building pad on the Development and Grading Plan is 70' deep. The actual depth of the home varies, (See Exhibit A), width x depth. This, in effect, can change the actual grade in the area of the walkout behind the home requiring the builder to quote 6.2 (G) of my purchase agreement: 6.2 (G) Purchaser shall construct a single-family detached home on the Lot pursuant with the Drainage, Grading and Development Plan, approved by the City of Centerville. The Grading and Development Plan is a guide for the purchaser in the design ofthe individual building site. The purchaser agrees that additional onsite work, retaining walls, additional footing depth, repositioning garage location, regrading drainage swales and removal of excess fill may be required of purchaser to align grades and maintain proper drainage with adjacent properties. This would become extremely difficult, if not impossible, during winter frost conditions. The finish grade is also determined by a layer of black dirt which also becomes impossible during winter conditions I realize that not all developers include cash escrow agreements, (See Exhibit B), and the city needs to be consistent with the grading ordinance, but I do not believe it was your intent to stop issuing building permits for presold homes during winter months. I am asking you to allow your inspection department some common sense flexibility in determining some compromise to this ordinance. Thank you tor your consideration in this matter. ~~--------"""-..- i //:incerelY, .....,) \ \ / .' /' / RSC:ce enclosure cc: Paul Palzer Ken Cook iU EXHIBIT A HUNTERS CROSSING SIZE OF BUILDING PADS LOT BLOCK SIZE 7 8 9 12 14 15 18 19 23 25 3 2 5 2 7 2 8 2 1 84' X 70' 1 63.8" X 54.10" 1 57.8" X 53.4" 1 64.8" X 53' 1 65' X 47.6" 1 51.8" X 52' 1 82' X 61.4" 1 61.8" X 54' 1 60' x 48.4" 1 54' X 49' 59.6" X 50' 65' X 49' 70' X 65' 64' X 38.6' EXHIBIT B (I) Purchaser shall be solely responsible for the following items: (1) Connect the utility services to the residence constructed on the Property (all utility hook-up charges, as well as sewer and water connection charges, imposed by any utility company, the municipality or the Metropolitan Sewer Commission, shall be paid for by the Purchaser). (2) Landscape and provide site improvements as required by the municipality including, but not limited to, the items specified in (3), (4) and (5) below. (3) Sodding of the entire lot on a minimum of 4 inches of approved top soil up to any erosion fences; Wetlands easements are protected under special provisions of the COIl'S of Engineers, Minnesota Department of Natural Resources, the relevant Watershed District and the City of Centerville and are not to be sodded, encroached upon, changed or damaged. Erosion fences must remain in place until acceptable growth has been established. Buyer/Owner, may have to on occasion re-seed these areas and after growth is established, dismantle and dispose of erosion fence. (4) Planting of two (2) trees centered in the front yard inside the right of way, of at least 2" in diameter as measured at six inches above grade. Four trees are required on comer lots, two located in front yard and two located in side yard. (5) A minimum of$l,OOO.OO new landscaping in the front yard area, (exclusive of tree and sod cost) which shall include no less than ten (10) three-gallon or equivalent size shrubs and one or more of the fullowing: decorative rock, decorative brick, landscape timbers or other edging materials; the Architectural Control Committee in its sole discretion shall have the right to accept or reject any landscape plan. (6) Construct a bituminous or concrete driveway from curb to house. (7) Shape all drainage ways and provide "elevation certificate" which shows the actual elevation of the house, lot comers, and verifying the lowest open elevation, signed by a surveyor registered by the State of Minnesota, evidencing completion of final grading in accordance with any approved Drainage, Grading and Development Plan in accordance with the municipality; (8) Adjust the "curb stop box" to the proper elevation (flush with the finished grade elevation and yet exposed). (9) Provide garage and driveway fill, compacting and testing as required. (l0) Promptly and accurately replace any Lot comer stakes which are removed or displaced during Purchaser's construction of improvements. Purchaser expressly understands that all Lot comer stakes are to be in place and visible after the sod has been laid and prior to a Certificate of Occupancy being issued by the City of Centerville with respect to the improvements. In the event that the street, curb, in-place utility stubs, wiring or piping in boulevards or streets are damaged during the construction on the Property, Purchaser will repair such damage or reimburse Seller for the cost of repair of said damage if determined to be caused by the Purchaser or its subcontractors.... (11) Remove any rubbish, including stumps and blllsh from the Property. (12) Remove and place ex=s fill upon other lots or at such location within Seller's development area as Seller directs. Ifno site is made available, buyer will still be required to remove excess fill at buyers expense. (13) Deposit all construction debris in an enclosed container approved by the seller. (J) At the time of closing, Purchaser shall escrow $1,500.00 with Richard S. Carlson & Associates, L.L.P. and enter into a Promissory Note for the balance of the estimated cost to complete the item or items according to the following schedule: 6.2(1-7): $50000 6.2(1-8): $100.00 6.2(1-9): $200.00 6.2(1-10): $200.00 6.2(1-11): $100.00 6.2(1-12): $ -0- 6.2(1-13): $100.00 THE RESPONSmILITY FOR COMPLETION OF THE ITEMS MAY NOT BE ASSIGNED TO A THIRD PARTY ACQUIRING THE PROPERTY FROM THE PURCHASER THE PURCHASER MUST COMPLETE THE REQUIRED ITEMS. NO ESCROW MONlES SHALL BE RELEASED UNTIL ALL ITEMS HAVE BEEN COMPLETED. 6.2(1-1): 6.2(1-2): 6.2(1-3) 6.2(1-4): 6.2(1-5): 6.2(1-6): $ -0- $ -0- $1,500.00 $ 500.00 $1,000.00 $1,000.00 <-1--3, Et~ RICHARD S. CARLSON & ASSOCIA rES 7671 Central Avenue * Fridley, MN 55432 * (763) 786-1218 Fax (763) 786-1219 September 11, 2001 Mr. Tim Swedberg, Mayor, City of Centerville 1880 Main Street Centerville, MN 55038 RE: Ordinance #4, Division 75, Subdivision 1 Dear Mr. Mayor, I would like to thank you for your phone cal1 and your consideration of my request. Sincerely, \ ) \ ' \-. / ..'..."....... ..// ~CaflsoIl RSC:ce '~Q:;; I.m !"" hg~ :'" 0 ,,"~ [EJ CIIY 0" 11 bL, , I ~,J~ ,Lj '" 1- -'-'I "I I '" '" I i" ) I , , I-L ~ W ! o I , 1"'0 '"'' \\ Clry 0 ~.-i.J "I' .' , ~ ~ " j!~\.. 3! i!:zl ~ "" . i I ~ ! ~ ! i\!I ' ~ ~ ~ ! ~ r ~ r ~~~.~;~ .~,: - , ~ .. g ~ Ii: I"'! ~!~~~ \~i .. . l< .. ~ ,is I - , , , , ~ g ;E ~ ": I! ;'\' ~ i ~ ~. ~ ~ ~ r(, ~ ~ ~--:- i J "''''''''' ....,., ~",.....- ~~~, '!'~ ~I ,',_m. I 'l1J:-,\ !' I ,,~ , \' -;t ~ 'l~ , I':V I "' *' / ~ N o Z .Z ~O o , " '" c-!- E-C\) ~ -; - ';Ie::: Z.I~. _ 0-- ~ 0-- ~("J s:: )> --0 ~ ~ ~ f " y " ~..,.., --...<> ", I,; ~~:~ "" ': ; '" " J<, ',', __n_ I .. EL ~.- - _ ilL >. I ilL- . , . i~I~~L i L, ='I("""'~ ~ ,', 0 .... i'lI~ Ii.",~ fi'ch':' ':.."< JlI~. I ' ' ""'" , .-. . '"'r .." c;!.O ~W I ~I"" >' .r' .' . ::";.lC(~t-_;3; ';",. I ,/ ~ .d,,",.. ""' " '. '~"'" "";;;:; I .~. ,-~ '" 'H'H.. ~, : ~ : -11, ;~.""'.",. u _&~~ ' ' ';".; U lil' "'fmll~ ;.. ',. --. _ " . ',"" I.; ::~ :fIIJ 1111:', ~;(: : -';;"~J:~ :, : ,~ ~ I ;-J; :" \ , ,'c . r "" '.. ..,.. : :,.. .. , J -" ,-, "'H. _ ,. ~J, ' : 1 ''"'If'" ..~.-':' c,,;, - >",,,; :"'v. > 1i:JI"c · x"". ":' ....-;:;J;r ''t .,.' ~,--'-'" -::. ", :,'.: ."-:1 1'Ik 1j, OZR' . - 'all, . ~..., > I", '~' '!.r.i'" '7v" "l.:{;". ;""":' .....: ': --"e. get.",.".. ~ "'", '" "",e I ~ "".". '1/,ff~ '~ 0.,. ". . . d. .._ '7 c" n",v p.o.' .' 'C-;'. "...... ..... ~ I "'f "'If/ : -"'r II- "" "' ,,", '~_..' II ~~'...... j,,' "L \ ! '0, I '" ,_ "l ! - "~~ ! ull" ~J' 0' I L '" 0 : l A ~ ~ 1; ! CITY _._----:-~ .~.....j -"';, ".. \\ ""' ~n&..\ - - ~ - - - - . - r"\ 111 ',-~.-l'V..-- ! u-- " '" ~~" iX , 1 "' _}~T~_~ rI -=-.:. 'IBis I I I i~_ :l ,.,.n"""'I_.""""" ~.._._ -+ -j- I 1- ~ .. Effective 05-01-01 City ofCenterville Ordinance #39 does not exceed two hundred (200) square feet in area and thirty-five (35) feet in height. C. Area Identification Signs - One (1) area identification sign is permitted per street frontage, however said sign does not exceed sixty four (64) square feet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-of-way. Section 030-030; Industrial District (11) Permitted Signs A. Wall Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wall area. B. Free Standing Signs - One (1) free standing sign per street frontage provided, however, said sign does not exceed two hundred (200) square feet in area and thirty-five (35) feet in height. C. Area Identification Signs - One (1) area identification sign is permitted per street frontage, however said sign does not exceed sixty four (64) square feet in area and twenty (20) feet in height, and is not placed within ten (10) feet of any street right-of-way. Section 030-040; Mixed-Use District (M1) Permitted Signs A Wall Signs - Wall signs are permitted on each public street exposure or public parking exposure provided said signage does not exceed ten percent (10%) of said wail area. B. Canopy Signs - Signs on these structures are allowed as long as the sign area does not exceed ten percent (10%) of said wall area. C. Ground Signs - One (1) ground sign is permitted per street frontage; however, said sign does not exceed eight (B) feet in height and thirty-two (32) feet in area. ..I.ir~__ . . .ii..... ..... .. ".' ...... ......., A comprehensive sign plan is required at the time of Planning and Zoning Commission review of any proposed new commercial or industrial development. Said plan shall indicate the location, size, height, color, lighting and orientation of Page 8 of 11 ,-- . . Effective 05-01-01 City ofCenterville Ordinance #39 all proposed signs and shall be submitted for approval pursuant to the regulations of the City of Centerville. Building permits and inspections are necessary as required by building and electrical code. Fees for required permits or hearings shall be set by approved annual resolution of the City Council. Section 035-010: Application for Permit. Every application for a sign permit must be accompanied by a plan drawn to scale and including the following: A. The dimensions of the sign and where applicable the dimensions of the wall surface of the building to which it is to be attached. B. The maximum and minimum height of the sign. C. The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. D. The proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated. E. If the sign is to be illuminated, the technical means by which this is to be accomplished and the hours of illumination. F. Where the sign is to be attached to any existing building, a diagram or photograph of the face of the building to which the sign is to be attached. G. The name and address of the owner of the sign and the address of the property where the sign is located. H. Where a ground level sign is proposed with berming, a diagram showing grade level and dimensions of the berm. I. When a multi-tenant comprehensive sign plan is submitted, the plan must include the location, size, height, color lighting and orientation of 2!! signs. J. Where a ground sign plan is submitted, the plan must include the location of the sign in relation to the lot lines and the building height, including any difference from the established grade, size, color, lighting and hours of illumination. DIVISION 40: Adiustments and Appeals Page 9 of 11 . r BUILDING PERMIT APPLICATION CITY OFCENTERVILLE SITE ADDRESS /;?.6S ,m~/N.'>T,ea3T (C'.e,.,-I-€,rv. //e.;:;;,)?U~) OWNER'S NMlE b::JfZJ LJ,e/U/A/'~ PHONE 6IZ-:FU-r:.r7-; g LEGAL DESCRIPTION LOT , BLOCK , TRACT: CONTRACTOR 5/!::'"COUM 57,6v,/ s}1;~ PHONE 65/- W:U8 CONTRACTOR'S NAl'vlE & ADDRESS LICENSE NUlVffiER: ~l'?/J ~..v7'" ~/L, V)&F/?7/".,..g, /lJ..v', 55092 , - , ~ TYPE OF WORK NEW L ADDITION REPAIR OTHER DESCRIBE WORK /.N'..s7h'U '3'/..Y1!r / 5#f~R:JpV-'.rp.o A/,,9U-,M</h...v:r$/'';...J' . ZONING CLASSJFICATION ENERGY CODE CATEGORY 1 ESTIl\iIATED VALUE # .I~ cD 2 APPROVED USE TYPE OF CONST SIZE OF BLDG (SQ. FT.) -- ************************************************************************ OFFICE USE ONLY: ZONING RICE CREEK WATERSHED SOIL REPORT FIRE DEPT. OTHER THE UNDRS!GNEDHEREBY MAKES APPUGATlGNFGR.A plm",llT TGUNDERTAKE CONSTRU8TIGN A"SPECIFIED ABOVE A,'1D AGREES TO COMPLY IN ALL RESPECTS WITH THE BUILDING CODE AND ALL CITY OF CENTERVILLE ODINANCES AND TO ASSUME RESPONSIBILITY FOR EMPLOYEES, AGENTS A,'lD SUB-CONTRACTORS AND CONSl\I'IT TO NECESSARY INSPECTIONS. ENFORCEMENT .'IUD ADMINISTRATION OF THE MfNNESOl'ASTA1;E BUll.DINO CODE IS A PUBLIC SE&VIGE AND IS OF NECESSITY, LTh1lTED IN NATURE. CONSF-QUENTLY, THIS BUILDING PERMIT AND THE SUBSEQUEl'lT BUILDING INSPECTIONS ARE NOT TO BE CONSTRUED TO RELIED UPON AS ANY TYPE OF W ARRAj\lTY, GUARNTEE, OR REPRESENTATION ON THE PARTOFTHE CITY THAT TIlE PLANS, CONSTRUCTION OR FINISHED PRODUCTS ARE NECESSARILY BY CONFORMANCE ,'lITH THE PR0'I1SIONS OF THE MINNESOTA STATE BUILDING com: OR OTHER APPLICABLE CONSTRUCTION STANDARDS. FURTHER, THE CITY ASSUMES NO RESPONSIBILITY OR UABIllTI EOR DAMAGES OF ANY NATURE ALLEGEDLY ARISING OUT OF THE ISSUANCE OF THIS PERMIT OR SUBSEQUENT INSPECTIONS. ~4~ APPLICANTS SIGNATURE J:f:kl ************************************************************************ $ VALUATION DATE PLANS APPROVED BUILDmG mSPECTOR BLDG. PERMIT NO. " I ,. mlft -<.... m'i' -1J.. ~i !Bc: ~t . , OC3m~~ lDUl.....:s:s 3.......m..iD lD'c.n3:<! <!N(.:l!ll= ="".l.~_ ---!lICD ,!D ~~. ~ 3:~Ul9Q ZlD CD!lI c.n:s -<!_ c.n l: _ 0(1) go (.:len c... 00 0 _ l: = - ~ 0, "'~; g: -: c> (i) : ." 2: : ~:r. "]:0; ~~ ~O ~:l:' ;;::::\ ;c:~ ~ .. os:o~ ~!!!. ~ ~ -='CDJ\\ (D en :< :< ~-. _oCD _ (D(1)<D " -" ""--- ""'~O Z.j>.jil en - en o (.:l ex> - 812: -en <i:t;! .. .... ; ~!; ; "':::\ '510 !2: '" "'. - ~C/) ~rn ';':x, ~:s; "'0 rn to) ~ u: X O! ~ ~ ~ It <<. '!:: ~ i (J- ~- Q(J D c ,~ ~~ ~~ ~~ ~ ~. ~ ~~ ~ ~~ ~~ t/) _ '~ CD "i '----". ~1 ::J - CD I ~i iD ."j 0, ~ , !!!. co - ~ Q! o ~ ~~I'~ERMIT ate: 1/ ! Sj j,f led , CITY OF CENTERVllLE, MINNESOTA Permit No. O 7z.").;.,./,,./ II" woer. _,,,,",,, /~ Ii .......... Address //././) "-/JXtL' l ;-triK./ 'L' ng.""",r LOCATION OF PROPOSED BUILDING Builder (\:$1,,,, ,.-h--JU''l ,,~,1,_ " <;;::-<I-"",V(;, .f. . J. / :2Z.fj) '7 f -,-. . I I.'. .1 'l .., / Address....; ~;, J r /..n ' _ / _.'''',;{I Ii fY,v;) N~. ,,""b& I1JN, "'A1;ij .l:,,"-. "., ,J' l ...... :._ "" Zoning Classification Number Street Part of Lot Lot LEGAL DESCRIPTIQN I Block Addt'n or Sub-Div. DESCRIPTION OF PROPOSED WORK --:1''':' ,. _; f l '2'1 Description;~. ni,-.l I ~;j ",e Type of Construction: Occupancy Hal . $ i//M ,'~ v; nation ,,,, ~:>.'i#c'TJ. "' ./JCr! ."")/r '. ". / / J ''1.:M",-.-.''''''...f. .-' No. of Stories: " I. i / I , ,. ;~6/rJi'1,,1)i..;_ ./ -~ <. . ,\,''di' ./ '-/ '"" Area: (Contract of Market Value) (Largest Horizontal Cross Section) VARIANCES Description of Ordinance Varlance(s) if granted with this permit: CITY FEES Parks Residential Equiv. Water Meter Storm Sewer Mailbox Other Total ------ Unit (REU) ~.._-- . Water Hookup SAC. Site Maintenance PERMIT FEES Fee Per Schedule Snrch:lrge Totals Permit Fee Plan Review Permission is hereby granted to to a building as herein described. This pennit is granted upon the express condition that the person, partnership, firm or corporation to whci it is granted, together with his agents. employeees. workmen and subcontractors agree to abide by and conform to all Ordinances of the City of Centerville regarding the construction. alteration. maintenance. repair and demolition of buildings within the City; and that this permit.may be revoked at any time upon evidence of violations of any afthe provisions of said Ordinances. Issuance of a building permit is not to be construed or relied upon as a warranty, guarantee, or representation on the part of the City that the construction or finished product covered under this building permit is necessarily in conformation with the state building code or other applicable construction standards. The City assumes no responsibility or liability for damages arising out of the issuance of this building permit. The permittee further agrees to commence the work covered by this permit within sixty (60) days of the date hereof and to complete all such work by Suspension or abandonment of such work for a period of one hundred and eighty (180) days shall result in the automatic revocation is permit as provided by Ordinance. PERMITIEE BUILDING INSPECTOR By: By: BUILDING PERMlT APPLICA nON CITY OFCENTERVILLE SITE ADDRESS /8' 7/ $/9/N .571?a'!i'/ /::~v,et47S /ifv? h/~~ / OWNER'S NAME LdtJ .{J,iVU/.A/h . PHONE b/.2 - 8';23 -I.:' 7/ g' LEGAL DESCRIPTION LOT , BLOCK , TRACT . U/3 CONTRACTORSff~v;1? .5J,W./ S~/J15 PHONEb5/- ~2 ~ CONTRACTOR'S NAME & ADDRESS LICENSE NUIvIBER: .5:beo F:L.lA/7 :/~/,,(./ A/.#-"l/..t/~",htA/ S-S-09z TYPE OF WORK NEW L ADDITION REPAIR OTHER DESCRIBE WORK: //I6'~,,?,L. ,3'/4'8'1.:;t;i.t.k'A'/-VA$O WAt? /nd"J/A// .:>'"/6--/ ZONING CLASSIFICATION ENERGY CODE CATEGORY 1 ESTIlVIATED VALUE 4-;".600",0 2 APPROVED USE: TYPE OF CONST ~w' SIZE OF BLDG (SQ. FI.) ************************************************************************ OFFICE USE ONLY. ZONING RICE CREEK WATERSHED SOIL REPORT FIRE DEPT OTHER THE UNDRSIGNED HEREBY MAKES AFPUGATIGN-FGRA PERMIT TDIMDERT-AKE CONSTRUCTION-l'&SPECU'IED ABOVE AND AGREES TO COMPLY IN ALL RESPECTS WITH THE BUILDING CODE AND ALL CITY Of CENTER VILLE ODINAl'lCES .WD TO ASSUME RESPONSlBlLlTY fOR EMPLOYEES. AGENTS AND SUB-CONTR~CTORS AND CONSENT TO NECESSARY INSPECTIONS. ~~IFORCE~Am";T .~'lD ADtv1.lNlSTR..:A::TION.OF THE 1oIlli-NESQ::FAB:rA'EE-Bt1ILDING.CODE IS A PUBHG SE-&\1GE AND IS Of NECESSITY. LIMITED 1N NATURE. CONsEQUENTLY, THIS BUILDING PERMIT AND THE SUBSEQUfu'lT BUlLDlNG INSPECTIONS ARE NOT TO BE CONSTRUED TO RELIED UPON AS ANY TYPE OF WARRANTY, GUf\RNTEE, OR REPRESENTATION ON TEE PART OF THE CITYTIiAT THE PLWS, CONSTRUCTION OR fINISHED PRODUCTS ARE NECESSARlL Y BY CONFORMANCE WTIH THE PROVISIONS OF THE MlNNESOT A STATE BUILDINGCODR OR OTHER APPUCABLE CONSTRUCTION STANDARDS. FURTHER, THE CITY ASSUMES NO RESPONSIBIIlTY OR LIABILITY FOR DAMAGES OF ANY NATURE ALLEGEDLY ARlSINGOTJT OF THE ISSUAl'lCE OF THIS PERMIT OR SUBSEQUENT INSPECTIONS. ~~ APPLICANTS SIGNATURE ~P'f~/ DATE ************************************************************************ DATE PLANS APPROVED $ VALUATION BURDThTG ThTSPECTOR BLDG. PERNllT NO. I~~ :,~ /"0 /~/ SOlCbJNG<PERMIT ~ ,gl" /)" y" . , .;; J~' , ....ate: _,.//,,;./1;,. ; # " CITY OF CENTERVILLE, MINNESOTA Pennit No. Owner: t_, LOCATION OF PROPOSED BUILDING ~ Address Zoning Oassification Number Street Lot LEGAL DESCRIPTIQN I Part of Lot Block Addt' nor Sub-Div_ DESCRIPTION OF PROPOSED WORK Description: ~ i'C."...." t. h ""~ \,~"U ,...,' /"") j ~_) \1.... Os T LLLLnl ; A;- /.}T'S t':- ~\) CL_L.... rn,t';!l I !\rT s; \ C~ AJ . , '-....i Type of Construction: Occupancy Valuation $ /'{;,,CC'. , No. of Stories: -i'!tJ " Area: (ConlraC! of Market Value) (Largest Horizontal Cross SecriOIl) VARIANCES Description of Ordinance Variance(s) if granted with this permit: Parks Residential Equiv. Water Meter Stonn Sewer Mailbox Other Total _n~. Unit (REV) -,._-- - Water Hookup S.A. C. Site Maintenance CITY FEES PERMIT FEES Fee Per Schedule Surcharge Totals Permit Fee Plan Review " Permission is hereby granted to to a building as herein described. This pennit is granted upon the express conditiDn that the person, partnership, firm or corporation to who it is granted. together with his agents, employeees. workmen and subcontractors agree to abide by and conform to all Ordinances of the City of Centerville regarding the construction. alteration. maintenance. repair and demolition of buildings within the City; and that this pennit may be revoked at any rime upon evidence of violations of any of the provisions of said Ordinances. Issuance of a building permit is not to be construed or relied upon as a warranty, guarantee, or representation on the part of the City that the construction or finished product covered under this building permit is necessarily in conformation with (he state building code or other applicable constrUction standards. The City assumes no responsibility or liability for damages arising out of the issuance of this building permit. The permittee further agrees [0 commence the work covered by this permit withi.n sixty (60) days of the date hereof and to complete all such work by Suspension or abandonment of such work for a period of one hundred aitd eighty (L80) days shall result in the automatic revocation . s permit as provided by Ordinance. PERMITTEE BUILDING INSPECTOR By: By: ,. ; Dear Mayor and Council members: My name is Kati Newman and I am the owner of Hair Update Family Stylists and Tanning currently at 1847 Main Street. I moved my business from Hugo to Centerville almost two years ago. My current location does not have the space required for my employees to perform the services the community has asked for or to utilize the full potential of my current employees and/or future employees. An opportunity came to expand my space, services and staff into a Day Spa atmosphere in the new strip mall being built right next to my current location. Recently it came to my attention that council desires business owners to display an extruded aluminum cabinet sign. I have had experience with these signs before at other locations. These signs are very costly to the lessee and can be a high maintenance issue later. Council is also requiring that I have two of these signs off centered from my entrance. (See diagram, page 1). I am requesting a sign variance. I would like to put up a sign that centers over my door and utilizes the building peek above my business entrance. (See diagram, page 2) I am also requesting that that sign be flat with two lights facing the sign. I feel that it will both enhance the look of the building and yet be cost efficient for my business during this growth process. Thank you for your consideration, Kati Newman ? (---- , i ~0 z~ m fill ~a -Ia.'.I J!I..J'1 I=t ~c: p~ , c "'~, ~- "'Q ~:c: I .i ~" I :1')::0 i " Ol ; 2::0 , - 5-0 !f, :s. 0::::1 ~O ~:z: ". o '" {..; -, 5i <: ~ ... 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'I :l (')1 '" I ::l ! ~ I ~I "', g! ::, I I )I " II Ij I' ,I Ii II il II Ji I I!~ " ""'L_ /'" II ,. .f, iI il x II,~ I! ~ !I f' I, 'i Ii Ii !I , II ,I :1 i I' (I II II Ii ,I 'I I i, " " :1 I Ii " ii II i ! r .~ ~" ~~ ~;1 :c: ~t Ii; 8:~ ~Cj) << i... ..-~ .f~ s-n ~::i> ~:::! i?:O ~2; "" lll~ ""tI.l ~:i;! ~E "':::! 3\0 !2; '" ~. ~CI) ~!B ~S ~ o....c Gii'11 ia(ltd ii:~ -!'z Jfi ':' n ...!:em """'z Z\1l-j (It!.m 01 ::0 g CD 1: ~ ...." ~ (I- T -r--- I I -.,.., .....,--- I ! l"l \:) ~ '- . r ' ""j' (, ~ - F'" .J \\\f ''-., " ~ ;, 'b'1\ -~ ."~ . " ~ ".....,. ~..." .J'- - J; ~.3 - ,...7 t:' ~ . ~ x ~ f I..J- ( r rt- ~ ~ - I, . -~-_.._, ) : z i m ~ -f , . m ' I Z I, )> r i Z I , f , I -f i i ! G> i i , ~ I , i , , , , i I -0 I i - I :r I I I - I I (') I , , i (J) ! i , ! ! , - - ~ ~"~; f'+ ,~. c C " c I I 'I ip ',1. ,~ .>.' ;0; \~; .!!l.g.,gs~ &,:=~"tl . s:o~~~ :;: ~;Q' 0 2 :O:>'3Cl. -'io"" :>'01 Cl.Cl. i. If if. C.i it: !en lD3 ! ~ to 5 !!, !! ~ . ~ , ~ f , i I W LJ , i i-' I .! f--~ : _l, U:~ , ,) J pi~ LJ ! ~,1- 1 ~~ f[ i +--~ f-I I r~ LJ 'Oi I .. , ! . I 1 I i I .. I ! I I 'Di o .. UI 10 f! I. I ! i Ir--l , Ui , ! 01 ~ m 5. IS: 5' fC en a" I ~ n o 5 CIl ~ - Z g S' W III .! iD iOi I I I 1 i . ! 101 I ! I I , I ! I .. I I -------, / '---1 1 II ! !I II I~ !( " Ii " !i " I' I " I' 'I I, I( " rr II i' " Ii H II ,I il ?xl! ~/~~0 Px I,ll y~ i II '( " II I I' ,I " ii it c: "0 o ~ . (') , .-, .. ~~ ~ ";a, , -~~ !€ !\l ~ o - .. Ii '.I " " H :..t- J i'cf @) 'I " I' i: !I " II " I' Ii Ii II Ii i it j ,I . I' ! 'I i J; ---.- . , , LA WRENCE AND TERI PERRON 1798 MAIN STREET CENTERVILLE, MN 55038 651.429.5280 . "I ~ J<') I Cj/~...' 'ell ~VCI te (;; 'J (, -, eJ "; , {'-' .:0 August 26, 2001 Reference: Vaeating of Mill Road extension south of Maip Street City of CenterviIle 1880 Main Street CenterviJle, MN 55038 To Whom It May Concern: Since 1979, we have owned the two adjacent pieces of property that once included the land now know as the extension to Mill Road. The pieces together formed Peterson's Addition to Centerville #2. I have heen informed by the City of Centerville that this land could be vacated and returned to the private community. From what I have been able to find out through city and county resources, when Peterson's Addition #2 was fonned, land was given to the City of Centerville for the future purpose of building a road south across Clear Water Creek. That reason no louger exits because of the way the development and roads were built south of Clear Water Creek. Also, the vacation of that land should be to where the land first came from- Peterson's Addition #2- which we own. Because the City of CenterviIle has never considered this a true road, the expense of maintenance, snow removal, etc.; have heen done at my expense. I did not consider this a major problem for many years because it was the only way to get to my garage and the land east of Mill Road (lot # 13 of Peterson's Addition # 1) was considered non-buildable land by the City of Centerville (less than 100 ft frontage). Since the mid 90's, Mill Road extension has been a constant irritation and point of dispute. In the mid 90's, former owner of Peterson's Addition #1, lot #13 (Lee Stevens) started trying to sell his property. I approached him, but could not come to an agreement because of the statns of buildable vs. non-buildable property. There were several city meetings. The City of Centerville eventually granted the right to build due to the fact that Peterson's Addition #1 had 50 ft. frontage laws. The land was now considered buildable land, but did not meet setback regulations for a comer lot. TIlls meant the land was more expensive, the City of Centervil1e could get more tax money, but you couldn't put a house on it. Needless to say, the land did not sell. Lee Stevens again petitioned the City of Centervil1e. His point was simple, if the land was considered buildable because it was part of Peterson's Addition #1 and Mill Road extension was not given to the City of Centerville until after Peterson's Addition #2 was formed, the setback requitements should not apply. There were several more city meeting, but the City of Centervil1e eventnally granted a variance so a house could be built. Lee Stevens could not sell the property and decided to build his own house. But the problems did not stop there. LAWRENCE AND TERI PERRON 1798 MAIN STREET CENTERVILLE, MN 55038 651.429.5280 While Lee Stevens was building on the property, the City of Centerville decided that the driveway, which was approved to exit onto Main Street by Anoka County, should be relocated to exit onto Mill Road extension. I approached the City of Centerville and was told that they still expected Mill Road to eventually cross Clear Water Creek and be used in the development south of Clear Water Creek. I tried to explain the problems/alternatives to their decision- The City of Centerville did not own all the land to Clear Water Creek, I did~ Rice Creek Watershed deemed the south side of Clear Water Creek a wetland area. A DNR approved culvert would not be cost effective to install being access could be done a block west without a culvert. The maintenance of Mill Road extension would be twofold, who would maintain it? The City of Centerville held steadfast in their decision, but would allow the driveway to be moved if the land (Mill Road extension) was returned to the public. The land was sold to Clay Alcock a few years ago. We have discussed the vacating of Mill Road extension several times to no avail. Clay's position (or more so his brother-in-law, Bob) has been that there is no room along the west side of his honse to store things and therefore wants 50% of Mill Road extension. My response was/is that if the city would give the property back to me, I would give him some land; say ten feet, from not ouIy Mill Road extension, but also my own land, to make a nice, straight boundary all the way to the creek. This would give him plenty of room to access the rest of his land to the east along Clear Water Creek. Add to this, changing his driveway to exit onto Main Street, and he would solve his parking dilemma Mill Road extension is not the only problem I face with Clay. Because of his sister, brother in law, and their two children living with him, the abnormal amount of possessions being accumulated on his property has become an issue. Last count there were 5 cars, a fish house, an 8 ft. and a 16 ft. utility trailer, a 20 ft. mobile home, a 16 ft. boat, 2 rider lawn mowers, 2 atv vehicles, and a full size tractor. These are all parked on a combination ofhis driveway and Mill Road extension. Also, trespassing has become an issue. Last year I found Bob roto-tilling a garden on my property and this year I hired a survey crew to prove that the land the children were using as a playground was also my property. In retrospect, I cannot change the fact that a house was built, or that Clay and his relatives own a lot of stuff. What I can try to do is offer solutions to existing problems. The City of Centerville no longer needs Mill Road extension or the extra expense in maintaining it. On a positive note, once given back to me, the City ofCenterviIIe can now tax the property. The vacation of Mill Road extension to me, minus ten feet on the east side, plus ten feet of my land south of Mill Road extension to Clear Water Creek, would enable Clay plenty of access to the rest of his land without trespassing on other property. Moving Clay's driveway to exit onto Main Street would also benefit in improved access to his garage. Sincerely, Larry Perron . .f I I I I ~ ~" -.f I f'/ if I I " r-;-,J : .',..' ,I-- -- -I f" ~ I ~ ..... - - ~ s.. ~ """ tD = t;I.l -8:" fjf ~ ..~ ~. L -- ~ -I 8. ,~ J----, ~ I ~, ~ 8 L_::"-I .f ~ I \CI I . r---- I L_--I ,I~I 0'11 1 I I J ~ r , I I I L- ... !~.r , 21 I~ I t ~ : t ~: I I I I I I Q ~ - 1;1) r Q.. ~ Q e ~ ......~ ~ ~ Q =: ... 1;1) !- So: f"'to .... Q =: ~ , , I , I I : ~ , I f I I '- . 6 I. AY ~ ~~. ..... -I. I ,'I ~ g .' I I .r...... - - . ..'. ! I .. ~ T. ...t- -- --1 .... J.. N . .. I. .L ----' _ .~ MILL_ _ ROAD I f J I I NJ -~I --., ~ _::"-1 \0 .1 ~~..'~ 001 --, L _ ::.. -I r 0'\1 t - I~r ~ Z it I I ~I I ~: I I I I I I '"0 ~ "" a :: .. (I.l ~ (I.l ~ "'0 e; ~ ~ "'0 .... ~ t"l a Q ~ - ~ ~ ~ Q e '"0 ~ ; ~ Q = .. (I.l !. ~ .... .... .... Q :: =*t: N ~;.......' MILL, _ _ ROAD --, jooool L_~-I I I ~I ,I S r- ~l ,I ~ ~-=, J 8 L_=---I f ~ I \01 f .. . ___ IL__ .-1 I I 0\1 I . f' IJ , I I I ~ f I II I L- - l~r ~ ZI I~ I ,sq ft'fj I ~ : I I ,I I J I , ' ~ ~ fo't ~ o :: - ~ ~ Q.. Q.. -. f"'l' -. o :: ~ ~ ~ , ~ f"'l' ~ I :: ~- I ~ a:, o :: ~ I I , I I I , f . I I ~ -- ........i1.litili.Mf -'lMIJ!liIl -- ....,:~ ..... --- I 1 -~ . I I I .~ I r 'I' . .1 I L. IE I I~: I.~ I il I .1 I I '# l .1.... t!1 '., ~. . ~ ~ 'I> -.. I ~ ~ 1 I ~.I ./..........,1.:... ' e t ...... t I , I.. ~ 1 x ,~ ~ "'" , ~ I 00- i 1 = = Q.. ~ ~..~.~'~ ~ 1 I .*' ~~ ,~, ::t~ o (D = =: ~ 0 n l:t . ;~"""~ I I ,'t . ~ . f Mill Road ~ e. == ~ -----fIIIt-- I-t tD tD .... Garage ~ I I '~" .. r .~ I I I i 1 , Alcock House I To the cily lIl3Ilager City of Centerville, Mil. 55038 13 Seplember, 2001 From Clay P. Alcock 1806 1-lain sl Centcrville, Mn. 55038 SfP 24 2001 !i'Il'....,/"o;. "'" Jtr: .~_61?flni , ......~;.,;~ To Whom It May Concern: r am writing this letter after talking to Paul, your building inspector about the possible vacation of a road- way easment to the south of the irrtersec'Jon of Main st and Mill rd. Between my property and that of Larry Ferrons. I would like to propose that the land be diveded equally between us. So as to asure that we both have adiquete access to our property and garages. Being my understanding is that yon told the builder of my residence Lee Stevens that he had to change the driveway plans to come out onto this easment which in turn raised the cost of my house by having to pave part of the easment to meet city code. r have also noticed that it apperrs that r can not access my back yard from my wheel chair with out leaving nr; proper; as it stands now do to some varieances in how the building was located on the property. Sincerely, Clay P. Alcock II " Sept. 25, 2001 City of Centerville Planning and Zoning Commission We, David A. and Judith West, of 1824 Main St., Centerville, MN 55038 seek approval to purchase and transfer title to the land immediately South of our Lots 8, 9, and 10, Block 1, Peterson's addition to Centerville, and bounded on the South by Clearwater Creek. This land is currently owned by Mr. Clay P. Alcock, 1806 Main St., Centerville, MN 55038 and is part of his Lot 13, Block 1, Peterson's addition to Centerville. It is our understanding this sale would constitute a subdivision of Lot 13, with subsequent attachment of this land to Lots 8, 9, and 10, thereby requiring approval of the Planning and Zoning Commission and the Centerville City Council. Attached is a Certificate of Survey dated Sept. 25, 2001 showing the location and dimensions of both parcels of I",nd. The land to be transferred is that portion of PARCEL B lying due South of Lots 8, 9, and 10, and is approximately 12300 sq. fl. in area. There is a signed purchase agreement in place, subject to approvals. We ask that you consider this request at your Oct. 2, 2001 meeting if possible. Respectfully, David A. and Judith West 1824 Main St. Centerville, MN 55038 (651) 429-3840 . ~- =EJ;2i IF: I CA iE OF: &UJ;2vEY FOR: DA V/D WEST - I ~ I " I >' "' N 1 ~ I , 1 ~ : I , 1 ~ " I 1 - I ~ . I \1 'I I I ~ Si", ~;! 1;;~ ~~ '" ~ " Qo'-C ::,-"" Nain Street CSA.H ~ N(lrthliMofSWlj4ofNElj4 ,/ "ISec.23,T.31.ff.n ~~~~------ No.N 1------ I I I I 1 \ r~3300~ ^ ^ EDGE Of BtTUt.lINOLIS ^ ^ )~1l1T , ElIOT S90'00 'oO"S ; 0 o , NSO.OO'OOHE 50.00 g r- I EASEMENT ffR "'NOKA. s: ~ \ COLiNT"Y HAlf SECTION I \ -----r--;------r-:-- o I ~ I ~ 1 N \ I J, I ~" - ------1--- - ---- g\ o o " ~ ~ ~ :50.00 rNO'n"W--- \l'LSl9eoB J r";-;i;:-;P' -----1- - --- - -SlllP ~.s~~~' i I I I I I I I I I fJl e\ I I I I I I I I I S89'5~'39"S 10 00 $'xisting ih'iw N ~ J 11.4 ~ 10,0 o > ~ o ~ . , ~ o :- ~~ ",. )>~ ~ " " ~ ~32,1--'3 .. g;;S ~~ ~.. " '" ~ 1 o 1 ~ I I I I I ~ i I I I I I I I I I I I I I I I I \ r- _....:.. _ _ _ _1_ _ _ _1~~ _ _ _..!!lD~ _ _ _ __ \~ fNDPIt<C ~ Sooth line or PtTERSON'':> ADDITION TO CENTERVlLLE 1 ; 1 . . ~ N ^ .. . . " ~ , ~ ~ " " to ~ ... )> ~ .. f~ g~ ~o ::K I ~ I N I 50.00 I \ FNop;;:;-~----tl \ \ fNDPII'ICIl \ \ , , .. "".3 60 ~~ ~j ;; fOOl/riP! 100.45 m~os "- :.3 50 tt Em ,. ~e fi .. l. ].~ Z -, , t-~ :; \ ~ '"-----.~..,.., . . ~ 0'01"098 E05eme"l_ ~ ~ - - - -- ". ___i~__ .0 ;1 ;~ -- ---- PARCEL A PARCEL B snIP ! /APproximOleCe"lerli"eofCleorwolercreek " ,/ Xl~ } n 7.7:1; ,,~ ,~ rnlllP3/4 " PARCEL A ' . ",.,~ .... lot 13, Brock 1, PETERSON'S ADDfTfON TO CENTERVlLLE, AnoKa County, Minnesota, and that port of the Southwest Quarter of the Northeast Quarter of Section 23, Township 31, Range 22, lying South of said PETERSON'S ADDITION TO CENTERVILLE, North of the center (ine of Clearwater Creek, East of the southerly extension of the west line of Lot 13, Block 1, said PETERSON'S ADDITION TO CENTERVILLE and West of the southerly extension of the west line of Lot 10, BlocK 1, said PETERSON'S ADDITION TO CENTERVILLE; ClCRCEI< Subject to a perpetual drainage eosement for public use over, under and across the South 28.00 feet of Lot 13, Block 1, PETERSON'S ADDITION TO CENTE:RVllLE, according to said plot n fife and of record in the office of the County Recorder, Anoka County, Minnesota, and that 'art of the Southwest Quarter of the Northeast Quarter of Section 23, Township 31, Range 22, lying South of said PETERSON'S ADDITION TO CENTERVILLE, North of the center line Clearwater Creek, East of the southerly extension of the west line of Lot 13, Slock 1, said PETERSON'S ADDITION TO CENTERVILLE and West of the southerly extension of the west line of Lot 10, Block 1, said PETERSON'S ADDITION TO CEN1ERVILLE. PARCEL B Lots 8, 9 and 10, Block 1, PETERSON'S ADDITION TO CENTERVILLE, Anoka County, Minnesota, and tho! port of the Southwest Quarter of the Northeast Quarter of Section 23, Township 31, Range 22, lying South of said PETERSON'S ADDITION TO CENTERVILLE, North of the center line of Cleorwater Creek. East of the southerly extension of lne west line of Lei 10, Block 1, said PEiERSON'S ADDITION TO CENTERV!LLE and West of the southerly extension of the eost line of Lot 8, BlOCK 1, said PETERSON'S ADDITION TO CENTERVILLE; North Subject to a perpetual drainage easement for public use over, under and across thot port of the Southwest Quarter of the Northeost Quarter of Section 23, Township 31, Range 22, lying South of said PETERSON'S ADDITION TO CENTERVlllE, Norfh of the center line of Clearwater Creek, East of the southerly extension of the west line of Lot 10, Block 1, said PETERSON'S ADDITION TO CENTERVILLE and West of the southerly extension of the east line of Lot 8, lock 1, said PETERSON'S ADDITION TO CENTERVILLE. Scale 1"= o Denotes 40' Iron By RLO/JER Denotes Iron Job No.; 01- 528LS Found Pro ject Manager: JER Bearings shown are on an assumed datum. E.G.RUO .. 6ON&, INO. L.ANO E;I.II~VE""'O~~ "IU> ~EXINGTON AyE. NO. CII'!C~E FINE&, MINNSeoTA &~C>14-;i>2& TE~. 'i>;-'eoo.&~&i> "AX 'i>;-1U>-OOcZ>cZ>' . I hereby certify that this plan, surveyor report was prepared by me or direct supervision and that j om a duly Re9;S~r,ed Land Surveyor under of the State of Minnesota Doted this .;;~ - day of S<"tJfe,,/ber under my the lows , 2001. ~~d/ License No. P9t>8 Date: September 28,2001 Memo to: Economic Development Committee Members, Planning and Zoning Commission Members and Park Recreation Committee Members From: Mary Capra - Council Representative Shea Architect Commercial Property Project. RE: Final design concepts recommendations Mike Kraft of Shea Architect has forwarded the preJiInina:ry final draft of recommendations for commercial properties project now ~~'and referred to as "Up Town". We would like the members serving on the above named committees/commissions review these recommendations at their October meetings and provide to Mike Duffek - email dufID066@tc.umn.edu (city intern) your collective concerns/recommended additions or changes/comments. This information will be forwarded to Mike Kraft for final presentation to city council in November. Should you have any questions please feel free to contact Mike Duffek or any of the other subcommittee members. Thank you for your time, talents, opinions and concerns related to this project. Cordially, Shea Architect Project Members Craig Bodi Mary Capra Mike Duffek Mike Kraft Paul Palzer Tim Rehbine , ~ . City of Centerville Development Guidelines August 28, 2001 DRAFT Intent and Purpose The City of Centerville is uniquely laid out with Main Street as a spine linking the freeway access east of town with the original downtown to the west. Between these two critical yet opposing features is a three-quarter mile transition area of homes, light commercial and community uses. The property under consideration is at the east end of Centerville, adjacent to existing commercial and industrial businesses. The purpose of these design guidelines is to encourage buildings and spaces that contribute to the physical and social integrity of the growing community of Centerville. The overall quality of the development is of primary importance to the City of Centerville. If there are parts of these guidelines that are incompatible with the execution of a quality development, consideration will be given to alternate means of achieving the goals outlined within. Members of the committee charged with creating development guidelines have identified the following interests/goals for the property: 1. Encourage and accommodate bike and pedestrian traffic 2. Begin the mental and visual transition from the fast paced traffic at 35E to the traditional downtown at the west end of Main Street 3. Provide high quality goods and services desired by local residents. 4. Avoid large parking areas in front of buildings on Main Street 5. Be creative and distinctive in architecture 6. Be compatible with existing businesses and structures in the area Parking and sIte access 1. Parking along Main Street shall be limited to a single parking aisle north of Main Street, with diagonal parking adjacent to the buildings. Additional parking may be provided in singie aisle rows between buildings, in recessed courts between parts of buildings or to the north of the buildings. 2. Access may be provided from either the north or south sides of the site. 3. Space is to be provided along Main Street for a pedestrian/bike path . Building massing and placement 1. Buildings on the property are to be placed so that the primary face and entry is toward Main Street. It is permissible for secondary faces and secondary entries to face other directions in order to accommodate access from parking. 2. Buildings or parts of buildings adjacent to The County Bank shall be set back from Main Street to within 20 feet of the existing County Bank. 3. In order to create a rhy1hm of building elements facing Main Street, the development is to be either a series of smaller buildings, or shall have recessed areas along the Main street frontage to break up the length of the site. 4. Buildings should have sloped roofs facing Main Street comprising at least fifty percent (50%) of the total building front. All buildings are to have at features above the roof line comprising a minimum of twenty percent (20%) of the front fac;:ade. Possible features include dormers, cupolas, towers, skylights, gables, chimneys, etc. Materials and Colors 1 . Buildings and structures on the property should be in durable masonry or stucco-like materials such as brick, decorative concrete block, stucco, simulated stucco, etc. Primary colors are to be earth-tones such as tan, beige, brown etc. Accent elements or window/door elements shall include pieces in a red/rust color range. 2. Use of architectural metalwork is encouraged throughout the development. Decorative metal grille work, fencing and sign age is encouraged. 3. Windows facing Main street shall comprise between twenty-five and eighty percent of the front fac;:ade. For purposes of determining this percentage, sloped roof visible from the street are not to be included in the calculation. Landscape Design and Lighting 1. Landscape design should be used to screen loading/trash areas and parking, enclose outdoor spaces, define walkways and roadways, create compositions for viewing and treat the bases of buildings. 2. Landscaping shall include elements that are red in color for at least part of the season, as a way to emphasize the accent coloring of the buildings. 3. Site lighting is to be oriented so that the light source is directed toward the buildings and structures. Wall mounted light fixtures will oniy be allowed on street sides of structures if the primary light direction is either up or down. H:PJ/5148/GUIDE4 . L_ <1 ";' :.;. , < ,;.; , ~ 0, " , C;: - ,~~ ",' c::, " ,i; ....; I;r; '" '" $' ^, " '>:;:, .$ \0') 1,;'. c- q". cO. r,- "' it, '" " t;1'; ~ '- '" '" ., ~ , ;;j (', . . , " l_ , f -to . . ,':, ..2 '- " -~ t i;.. It' S <, c ~ ..1;, ~ I:,' ~~ ....::;;' ~ , .~. ~. ~. rr.:: ~; B "- ~i -I;:;: ~ '::::. li; ';.~, '" ~; ~ , i '... ~ ;:;: '-, <3 ~ \,-" . I ~ , I' .. " " ii, ~ ! ~ ,.::; '" ~: ,E; "" ~., " 'l:::;,. ,. ",f'C .., ~ 2 C,t ~ ~ c' ci:: -. >. .~ '.,. ....; ~ ~ "\., ~ - 'if.' ~- .-- :s '- ~ ~ ~ ;;',- . W'9G'6 811!l\JaIUa;} JO AI!:J . l.i . ~ f:eatures Above RootJifies/Decorati!tlJ Meta! . City of Centerville 9.25.01 .. CITY OF CENTERVILLE PLANING AND ZONING COMMISSION SEPTEMBER 4, 2001 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on September 4, 2001, at 6:30 p. m. PRESENT: John McLean Ray DeVine Brian Hanson Rob Sheppard Barry Brainard Tom Wilharber ABSENT: David Kilian. COUNCIL: Linda Broussard Vickers STAFF: Acting City AdministratorlPublic Works Director Palzer I. CALL TO ORDER 1. Roll Call The meeting was called to order at 6:30 p.m. II. PUBLIC HEARING(S) 1. Mr. and Mrs. Jeremy Bates. 1977 South Robin Lane - Variance Reauest Chairperson Hanson opened the public hearing at 6:35 p.m. Mrs. Bates read a section of the Ordinance and then asked if, based on what she had read, she and her husband would still need a variance to construct a 20 x 20 garage. Chairperson Hanson explained that she was reading from the M1 section of the Ordinance and told her she was in a residential district and, therefore, would still need a variance to construct a structure bigger than 200 square feet or 2% of her lot size. Mrs. Bates indicated that without a garage they have items out in the elements that are also subject to theft. Commissioner Devine inquired as to the size of the Bates' lot. Mr. Bates indicated it was 7,500 square feet. Page 1 ofl6 "--- Commissioner Wilharber noted that the original application for the variance indicated a request for a 24 x 20 structure. He then asked for confirmation of the size of the garage. Mr. Bates indicated that he would like to construct a 20 x 20 garage. Commissioner Wilharber then noted that the notice in the Quad Community Press had listed the address of the property as being on North Robin Lane rather than South Robin Lane. Chairperson Hanson explained that the Commis~on had taken a lot of time discussing what size accessory structure to allow on lots in the R4 district and had determined that adding the 200 square feet would be appropriate. He then inquired as to whether Mr. and Mrs. Bates had considered attaching the garage to the house. Mr. Bates indicated that the construction of the garage would be easier if it were not attached to the house. He also indicated that the current location of the driveway interferes with attaching the garage to the house as they would lose the use ofa good portion ofthe driveway. Commissioner Wilharber noted that Mr. and Mrs. Bates would not meet the setback requirements if they were to attach a 20 x 20 garage to the house. Council Liaison Broussard Vickers inquired as to whether Mr. and Mrs. Bates had received a list of the requirements that need to be met in order to be granted a variance. Mrs. Bates indicated she had not received the list of requirements. Commissioner Devine explained the requirements for a variance to Mr. and Mrs. Bates. He then noted that there needed to be special circumstances involved in order for the Commission to grant the variance. Mrs. Bates indicated that she and her husband are not asking for anything other than what their neighbors have. Commissioner Devine indicated the variance would allow Mr. and Mrs. Bates to build a structure that is 400 square feet versus the 200 square feet allowed by Ordinance. Council Liaison Broussard Vickers indicated that when looking at the R4 district the Commission had determined that a 200 square foot maximum was appropriate which is a little more than 2% ofthe lot size as allowed in other districts. Commissioner Wilharber stated he believes there have been variances given to other homes over the years and said he thinks one of the problems with the Royal Meadows development is that the houses were not put offto one side ofthe lot, they were all centered which has created a problem. He then stated that he feels Mr. and Mrs. Bates could meet some of the hardships with their situation. He further stated that he did not think the City planned right when it put the development together and said when a homeowner wants to put up a building to clean up the yard it helps the overall appearance of the City and increases property values which, in turn, benefits the City. Page 2 of 16 Chairperson Hanson asked ifthere were any other houses in the area without a garage. Mrs. Bates indicated there was one house without a garage by the park and another one further down the street. Mr. Bates then indicated that the resident at 1971 South Robin has a detached garage that is 24 x 24. Mr. Tracy Tratar of 1710 Peltier Lake Drive noted he was on the agenda for the meeting under appearances to discuss the variance process. He then stated that with the current setback requirements for corner lots he would no) be allowed to build the two-car garage he wants to build. He then asked the Commission why the setback on corner lots is 35 feet. Chairperson Hanson asked if Mr. Tratar had seen the new version of Ordinance 4 as the amendments recently made may solve the issue. Mr. Tratar indicated he had come to City Hall three weeks ago for a building permit and was told he would need a variance in order to proceed with the planned garage. Chairperson Hanson asked that the discussion of Mr. Tratar's setback issue be heard later in the meeting. Mr. Bates asked if he would be able to meet the setbacks if he went with an attached garage. Commissioner Devine inquired as to how far from the property line the house was located and then explained that the garage would need to be 10 feet off of the property line. Mrs. Diane Olson of 1983 South Robin Lane indicated she lived next door to the applicant and was concerned for the distance from the property line. Chairperson Hanson indicated the garage would need to be 10 feet off of the property line. Mrs. Olson indicated she has a big tree, planted by her now deceased father, which hangs over onto the Bates property that she does not want to have to cut down. She then asked how the tree issue would be handled. Commissioner Devine indicated that, if the tree hangs over onto Mr. Bates property, it would be his responsibility to trim the tree for construction. Mr. Bates then stated he and his wife had no intention of cutting down Mrs. Olson's tree and told her they would contact her to discuss how to handle the trimming of the tree. Motion bv Commissioner DeVine. seconded bv Commissioner Wilharber to close the public hearinl!. All in favor. Motion carried unanimouslv. Chairperson Hanson closed the public hearing at 6;55 p.m. 2. Mr. and Mrs. Tom Schlavin. 1862 Main Street - Rezone Chairperson Hanson opened the public hearing at 6;55 p.m. Page 3 of16 Mr. Schlavin provided the Commissioners with copies of a plan for how his residence would look after some modifications to make it appear more commercial. Commissioner Brainard inquired as to whether Mr. Schlavin would be occupying the home after it is rezoned and Mr. Schlavin indicated he did not intend to occupy the residence for very long after the rezone. Commissioner De Vine asked Mr. Palzer what t[J.~ stipulations of the commercial codes were for someone who rezones. Mr. Palzer indicated the building would need to be brought up to commercial building code standards. He further indicated there would need to be a buffer between the residential and commercial properties and noted the Comprehensive Plan would need to be updated. Council Liaison Broussard Vickers asked if Mr. Schlavin would need to install a sprinkler system. Mr. Palzer indicated that the building is small enough that a sprinkler system would not be required. Commissioner Brainard asked ifthe recent changes to the Comprehensive Plan allowed for commercial use in the area. He then inquired as to whether the Staff had determined ifMr. Schlavin would meet all the setbacks. Mr. Palzer indicated he had not yet reviewed the plans to determine if the setbacks would be met. Commissioner Wilharber noted that Mr. Schlavin would need to consider the number of parking spaces that would be required. He then noted that, years ago, the whole strip of Main Street was zoned commercial but was rezoned in the early 1960's. He further noted that the City has begun rezoning parcels along Main Street to commercial as the issue anses. Mr. Schlavin indicated he felt that parking would be his biggest issue and said he would need to have a driveway to the back of the building for people leasing the space and customer parking in the front. He then noted he intended to lease the space to a business that does not require a lot of parking. Commissioner De Vine indicated he was in favor of starting to switch some of the lots back to commercial as it seems to be a more natural fit for the area. Mr. Drilling of7185 Mound Trail indicated he thinks a rezone to commercial would be a good use for the property but asked the Commission to require that Mr. Schlavin go through the site plan approval process before giving a blanket rezone in order to ensure that issues such as traffic in the area are addressed. Commissioner DeVine noted he felt it would make sense to make the rezone contingent on site plan review and approval. Page 4 of 16 Commissioner Wilharber stated that he felt the City should check with its attorney to determine whether the City, through some type of agreement, could limit the types of businesses allowed to go into the facility in an effort to prohibit a high traffic business. Council Liaison Broussard Vickers asked ifMr. Schlavin would be willing to sign a waiver of the City's time limit in order to give the City more time to research and gather the information needed to make the decision. She then explained to Mr. Schlavin that the City has 60 days to either approve or deny the reQuest and noted that, without all of the necessary information, and without a signed waiver, the request would be denied and Mr. Schlavin would need to reapply. She further noted that the signing of the waiver does not waive anything other than the City's time frame to either approve or deny the request. Mr. Schlavin indicated he was not opposed to signing the waiver. Chairperson Hanson indicated he felt the rezone was a good idea and noted he thought the building may need to be ADA accessible. Mr. Palzer confirmed that, if the building is open to the public, it would need to be ADA accessible. Commissioner DeVine suggested Mr. Schlavin look into the ADA requirements and determine whether or not it would be feasible. Motion by Commissioner DeVine. seconded by Commissioner Brainard to close the public hearinl!. All in favor. Motion carried unanimously. Chairperson Hanson closed the public hearing at 7: 10 p.m. 3. Mr. and Mrs. Stan Hasiak 6994 Centerville Road - Variance Reauest Chairperson Hanson opened the public hearing at 7: 10 p.m. Mr. Hasiak of 6994 Centerville Road indicated he is seeking a variance for an addition to the pole barn as he has no dog kennel and would like to keep a dog outside. He further indicated that he thinks the kennel would be a good idea to protect the neighborhood from the dog. Commissioner Wilharber noted that, in the application, Mr. Hasiak had requested a variance for an 8 x 24 structure but in the paper it had stated 8 x 12. He then asked Mr. Hasiak what his request was for. Mr. Hasiak indicated he was requesting a variance for the 8 x 24 structure. He then indicated he would be willing to tear down the silo on his property if the City would agree to give him the variance for his 8 x 24 structure. Chairperson Hanson clarified that Mr. Hasiak has two accessory structures on his property, a 30 x 45 pole shed and an old silo. Page 5 of 16 Council Liaison Broussard Vickers asked whether Mr. Hasiak intended to attach the 8 x 24 structure to the existing pole shed. Mr. Hasiak indicated that he did intend to attach the 8 x 24 structure to the existing pole shed. Commissioner DeVine asked whether the pole shed meets current code requirements. Mr. Palzer indicated the pole shed is oversized making it a nonconforming structure. Commissioner McLean indicated that he is a neighbor of Mr. Hasiak and would be abstaining from voting on the matter. He then explained that the pole shed was in existence when Parkview was platted. Mr. Hasiak indicated the pole shed was built in 1982. Commissioner McLean indicated that, as a neighbor, he is tom as he feels the dog kennel is a good idea but noted Mr. Hasiak already has a very large accessory structure that is nonconforming to City Code. Mr. Drilling asked whether the structure would be allowed ifMr. Hasiak were to tear down the silo. Chairperson Hanson indicated that Mr. Hasiak is only allowed accessory structures at 2% of his lot size and noted the pole shed is larger than 2% of the lot size. Mr. Palzer indicated that a variance was granted to allow Mr. Hasiak to finish the interior of the pole shed and noted that the final inspection has not been completed on that work. Commissioner Wilharber indicated that, at one time, the property was a farm and had a second pole shed which was removed. He then noted that the pole building should have been tom down and a garage built when Parkview was platted but it is there now and grandfathered in. He further stated he feels a kennel for the dog is a good idea and noted that Mr. Hasiak had expressed a desire to tear down the old silo and that would improve the appearance of the property. Motion bv Commissioner Wilharber, seconded by Commissioner Sheppard to close the public hearinl!. All in favor. Motion carrjed. Chairperson Hanson closed the public hearing at 7: 16 p.m. 4. Mr. Terry Hannah. Ground Development - Pheasant Marsh Final Plat Chairperson Hanson opened the public hearing at 7: 16 p.m. Terry Hannah, Ground Development of7575 Golden Valley Road addressed the Commission and explained that Ground Development is the developer of the proposed Pheasant Marsh development which is located south of Center Oaks and east of Centerville Road. Page 6 of 16 Mr. Ole Mersinger of6936 Tourville Circle questioned why all the developments in Centerville and the surrounding area were similarly named rather than using unique names. Mr. Hannah eXplained that the name of the development is left up to the owner of the land subject to county approval. Mr. Mersinger asked what type of drainage was being planned for the development due to the heavy peat soil and the tendency of the water to pond in the area. Mr. Hannah explained that the lots are engineered which requires soil testing to determine the strength of the soils and determines whether house pads can be built. He also noted that both the Rice Creek Watershed District and the City Engineer had reviewed and approved the drainage plan for Pheasant Marsh. Mr. Hannah then stated that he and his company have stated and continue to state that all water on the property will remain on the property which means the new development will not contribute any runoff to adjacent properties. Mr. Mersinger asked Mr. Hannah to point out where the holding ponds on the map were located and Mr. Hannah did so. Commissioner Wilharber indicated he would be abstaining from voting on the matter as it directly affects him. He then noted he has an issue with the way sewer and water is being brought into the project. Commissioner Wilharber indicated that he feels it is normal procedure to bring sewer and water down a main road but this development will run the utilities through other properties by way of several easements. He further commented that, in his opinion, when the City has to rip up those yards to access the utilities people will be upset to lose landscaping regardless of the fact that they are aware the easement exists. Commissioner DeVine asked Mr. Hannah to explain to the Commission Commissioner Wilharber's comment concerning the utilities for the development. Mr. Hannah explained that they intend to bring the utilities across Outlot C and then through a shared easement with the Metropolitan Council for its force main. Commissioner Wilharber asked how Mr. Schwartz would be connected to the utilities. Mr. Hannah pointed out on the map how Ms. Embly and Mr. Schwartz would be connected and noted it would be during Phase II of the construction. Mr. Mersinger asked how the previous greenspace issue was resolved. Mr. Hannah pointed out on the map where the greenspaces would be located. Motion bv Commissioner SheDDard. seconded bv Commissioner DeVine to close the public hearinl!. All in favor. Motion carried. Page 7 of 16 Chairperson Hanson closed the public hearing at 7:33 p.m. III. APPEARANCES 1. Mr. and Mrs. Carlie Olson - CommerciallIndustrial Districts (Dog Boarding Kennels) Mrs. Olson addressed the Commission and indicp.ted that she and her husband are seeking a variance to be allowed to construct and operate a kennel operation. Mr. Gary Hughback indicated he was working with Mr. Rehbein to resolve the issue with the street that has not yet been named. Commissioner Wilharber asked if the ongoing issue with the Carpenters concerning the small piece of ground affects this matter. Mr. Hughback indicated that there is a small sliver of land in question and explained that a cash offer has been, or shortly will be, made to the Carpenters to settle the matter. Mr. Hughback explained that the Olsons are proposing to build a 4,800 square foot kennel which would be self-contained inside the building with a small retail office area for dog owners to pick up dog food. He then clarified that there would be no outside kennels and said the building would be designed for soundproofing. He further noted the estimated value for the project is between $500.000 and $550,000. Chairperson Hanson asked Mr. Hughback to point out on the map where the kennel would be located. Mrs. Olson provided a rough sketch of the proposed facility to the Commission for its revIew. Council Liaison Broussard Vickers questioned whether this situation would be similar to the mini storage situation where the City would need an Ordinance amendment and a special use permit. Mr. Palzer confirmed that an Ordinance amendment and special use permit would be needed. Mr. Palzer indicated that the street in question is, or will be, named Fairview Street and noted it is the street that involves the issue with Mr. Carpenter. He further clarified that the applicant would not be able to start construction until the issue with Mr. Carpenter is resolved. Commissioner DeVine noted that animal kennels are not in the Ordinance at all and explained that the City would need to determine how it wishes to allow that type of use. Mr. Olson asked if any type of a wood exterior would be allowed for the building. Commissioner DeVine explained that the building would need to conform to industrial standards which require a brick or masonry exterior. Page 8 of 16 Council Liaison Broussard Vickers recommended the Olsons check with City Staff to determine what the industrial requirements are. Mr. Olson questioned why the exterior of the building needed to be masonry. Chairperson Hanson explained that requiring a certain type of construction ensures that the City will have buildings conforming to a certain dollar value in the industrial area. .- Commissioner Wilharber commented that he thinks the concept is a good one and the business is something the City needs. Commissioner DeVine indicated the Olsons should check with City Staff to be sure they are aware of all of the necessary requirements. 2. Mr. Tracv Tratar - Comer Lot with Two (2) Front Yards and Construction of a Garage Comparative to the Lot Line Mr. Tratar addressed the Commission and explained that he would like to construct a two-car garage on his comer lot and was told he could not do so because he would not meet the required 35-foot setback. He then stated he feels the Ordinance is confusing and does not make sense because if he were to build a detached structure the setback is only 10 feet. Mr. Palzer clarified that if the garage were attached it would become part of the principal structure and be subject to the 35 foot setback. He then explained that, if the garage were detached, the setback is 10 feet but noted the size of the structure would be limited by yard area and would need to be built in the rear yard not the side yard. Mr. Tratar stated there are many garages in the area that, in his opinion, do not meet the 35-foot setback. He then stated he had just applied for a variance in White Bear Lake and the fee was $80.00 compared to the $170.00 in Centerville. He further commented that it is very upsetting to have to pay twice as much for the same thing. Mrs. Tratar indicated there are homes with garages that do not meet the 35-foot setback in the area. She then questioned why those residents were allowed to build the garages that way and they are not. Council Liaison Broussard Vickers indicated the last sentence of the Ordinance creates the problem and asked why that sentence is needed. Mr. Palzer explained that, previously, the City had considered a comer lot to have two side yards and two front yards which meant they had no rear yard and would not be allowed an accessory structure. He then explained that the sentence may have been added to protect line of sight. Mr. Tratar asked why he could build a detached garage 10 feet from the property line. Chairperson Hanson clarified that any detached structure is an accessory structure and Page 9 of 16 noted that City Code requires that accessory structures be constructed in the rear yard which eliminates the line of sight issue. Mr. Tratar indicated he questions how all the properties that already have a garage were able to build them without following the 35-foot setback. He then stated some ofthe garages were constructed during the last 8 to 10 years and asked how that was allowed. Mr. Tratar stated that he feels the 35-foot setback is excessive. Commissioner DeVine asked ifthe Commission saw a legitimate reason why the Ordinance could not be changed. Council Liaison Broussard Vickers indicated that the addition to the Ordinance was made to protect line of sight. She then indicated that the other structures were either built without permission or the Ordinance was different at that time and they are considered nonconforming structures. Mr. Tratar indicated he did not feel line of sight would be compromised ifhe were allowed to build his garage. He then asked who decided on the 35 feet and questioned whether it is a legitimate concern. Chairperson Hanson indicated that the City feels line of sight is very important to public safety. He then noted the Commission was willing to review it but was not prepared to make a decision at this point. Council Liaison Broussard Vickers explained that ifMr. Tratar applied for a variance and did not meet the variance requirements his request would be denied and he would lose his money. She then indicated that not a lot of variances are granted and the process is designed to be tough. She then suggested waiting for the Commission to review the Ordinance to determine whether or not it needs to be changed. Commissioner Brainard stated that, in his opinion, variances are supposed to be rare and few. He then noted a lot of cities have failed to make residents meet the requirements as set by the state but said Centerville is trying to require residents to meet those state requirements. 3. Mr. Bart Rehbein. Revised Concept Plan - 1475 Mound Trail Mr. Rehbein of 1659 Lakeland Circle addressed the Commission and indicated that Anoka County had denied his request for access onto Main Street and had revoked the right to use the existing driveway access. He further stated that Anoka County has plans to seek funding in 2005 to widen Main Street to a four-lane highway and, as part of that, the County would need to obtain another 27 feet of right of way. He then noted that he was told since the County is planning for a wider faster roadway through Centerville they want to limit as much access as possible. Page 10 of 16 Mr. Rehbein then explained he had gone back and redesigned the development to allow access from the interior. He also noted that there was an outlot created which is different from the previous plan. He explained the reason for creating the outlot was to allow enough land to meet the minimum frontage for two lots in that area in the future. Chairperson Hanson asked if the easement issue with Ms. Corr was resolved. Mr. Rehbein indicated that the property is actually owned by the County Park and a triangular driving easement has been granted to Ms. Corr.~. Commissioner DeVine asked whether any research had been done to determine if there was an Indian mound located on Lot 10. Mr. Rehbein indicated that he had the state archaeologist examine the area and the archaeologist had found nothing to indicate it was an Indian mound. Mr. Rehbein indicated that his agreement with the landowner states that no actual home construction would begin before next Spring. He then noted that if all the pieces of the puzzle fall into place they may do some grading and run some sewer pipe this Fall. Chairperson Hanson expressed concern for the small piece of property down by the waterfront on Lot 10. Mr. Rehbein eXplained that he is developing a unique piece of property that is wide and deep and explained he is trying to allow for as much lake access as possible. Commissioner Wilharber questioned what the access easement on the original plan was for. Mr. Rehbein explained they would run sewer in that area and had an agreement with Hal to give him a sewer stub up to his property. He also indicated that the easement area could be used for lake access for the homeowner's association. Mr. Palzer indicated he had a problem with a IO-foot driveway easement as he feels it is too narrow for snow removal. Mr. Rehbein indicated it could be widened if necessary. Mr. Drilling noted that if Mr. Rehbein made the development into a PUD the road could bc narrower and made a private street. Mr. Rehbein indicated that he felt a public street would be preferable. Commissioner McLean expressed concern for drainage onto Lot 10 from the existing residence. IV. OLD BUSINESS 1. Pheasant Marsh - Final Plat Commissioner De Vine inquired as to whether the engineer had looked at the final plat. Mr. Palzer indicated he believed the engineer had reviewed the final plat. Mr. Hannah indicated that the engineer had reviewed the final plat. Page 11 of 16 Commissioner Brainard indicated that it is common in developments to have utilities go through lots by easement. He then stated it is a fact of life that those property owners who purchase lots with the easement should be aware of. Council Liaison Broussard Vickers indicated that the Park and Recreation Committee would prefer to see the walkway on the east side of Lot 1 rather than the west side. Commissioner Wilharber questioned whether the Outlot would be excavated for a holding pond. The Engineer indicated it is a natural wetland and would not be excavated for a holding pond. He then indicated he would need to check with Rice Creek Watershed to determine whether rerouting the trail would be allowed. The Engineer asked if the trail could be located in the right of way. Council Liaison Broussard Vickers said she thought that would be okay and noted the concern of Park and Recreation was for the trail moving through backyards. Mr. Hannah indicated they may need new County approval but said he would discuss it with the surveyor. Council Liaison Broussard Vickers indicated she would like him to ask the question and if it would not delay things to change the trail. Mr. Hannah indicated the trail would be owned by the homeowner's association. Commissioner Wilharber questioned whether the homeowner's association could then close the trail to other residents. Then both he and Council Liaison Broussard Vickers indicated that the trail needed to be owned by the City to prevent it from being closed. Mr. Palzer indicated that the trails are usually deeded to the City and the City maintains them. Motion by Commissioner Brainard, seconded by Commissioner Sheppard to recommend to Council approval of the Pheasant Marsh Final Plat continl!ent uDon review of the trail location as requested by the Parks and Recreation Committee. Vote: Ayes - 5, Nays - 0, Abstain -1 (Wilharber). Motion carried. 2. Revised Concept Plan - 1475 Mound Trail No action required. V. NEW BUSINESS 1. 1977 South Robin Lane - Variance Request Council Liaison Broussard Vickers noted the City had granted a variance previously in this type of situation to a property owner with a triangular corner lot with a creek running through. She noted the variance was granted due to the lot design. Page 12 of 16 Chairperson Hanson indicated he had tried to fit Mr. and Mrs. Bates situation into the criteria but does not feel the criteria have been met. Council Liaison Broussard Vickers reviewed the variance requirements for the applicant. Chairperson Hanson recommended attaching the garage to the house and meeting the 10- foot setback. Commissioner Wilharber stated that, in his opinion, the criteria could be met because the area was developed as a PUD which is unique in its own respect. He then said the homes were placed on the property with no allowance made for garages, and other variances were granted in the area so he feels not granting the variance to Mr. and Mrs. Bates would deprive them of something others have. He further stated that an improvement to the property would have the advantages of improved appearance of the property and tax benefits for the City. Council Liaison Broussard Vickers cautioned that if Commissioner Wilharber's logic were applied to some of the larger lots in the City some very large structures could be built. She then questioned if this variance were granted whether the City would need to grant them for everyone else who asked. Commissioner DeVine questioned whether there was any other R4 zoning in the City. Mr. Bates indicated that, even ifhe were allowed to build the 20 x 20 garage, he would still need another building for storage. Council Liaison Broussard Vickers indicated that he would not be allowed another accessory structure. Mrs. Bates indicated she had called the City to ask if they would be able to build a garage before purchasing the house. She then indicated they would not have purchased the house if they had gotten accurate information from the City concerning the issues involved in building a garage on that lot. She further stated that she feels City Staff is the residents' link to information and regulations within the City and she feels a person should be ablc to rely upon the information received. Commissioner Wilharber indicated that, unless you build the City exactly the way you want it to begin with, variances are necessary. He also said not everything can be black and white there needs to be some gray. Motion bv Commissioner Brainerd to recommend Council deny the variance request for an oversized accessory structure at 1977 South Robin Lane. The Motion died for lack of a second. Motion bv Commissioner Wilharber. seconded bv Commissioner McLean to recommend Council a{lDrove the variance request for an oversized accessory Page 13 of 16 L. structure at 1977 South Robin Lane. Vote: Ayes - 4, Navs - 2 (BrainardIHanson). Motion carried. 2. 6994 Centerville Road Commissioner DeVine asked Mr. Hasiak ifhe intended to attach the addition to the existing shed. Mr. Hasiak indicated that the addition would be attached to his shed. Chairperson Hanson asked if the addition was fully enclosed or chain link. Mr. Hasiak indicated it would be fully enclosed for his dog. Chairperson Hanson asked what kind of dog Mr. Hasiak had. Mr. Hasiak indicated he has a rottweilor. Commissioner DeVine asked ifMr. Hasiak is working on finishing the interior of the shed. Mr. Hasiak indicated it is sheetrocked and said he is making some corrections to the wiring as a result of the inspection. Commissioner Wilharber indicated the application was a request to build an 8 x 24 chain link fence enclosure 8 feet high and that is not what Mr. Hasiak had indicated earlier at the meeting. He then asked Mr. Hasiak what he intended to build. Mr. Hasiak indicated he intended to build an 8 x 24 enclosed area to contain his dog to protect the neighborhood from his dog. He then suggested that the Commission should consider granting his request because it may be partially the fault of the City ifhis dog should get out of his fenced yard and bite someone. Chairperson Hanson explained that, according to City Code, an animal is required to be under an owner's control. He also noted that if that animal is not under the control of its owner and bites someone it can be declared to be a potentially dangerous animal and can be confiscated. He further stated it is Mr. Hasiak' s responsibility to control his dog. Commissioner Wilharber clarified that the pole building has not been through final inspection. Mr. Palzer confirmed that the final inspection on the improvements to the interior of the shed had not passed final inspection. Mr. Palzer indicated that, according to the Ordinance, the pole barn should have come down when the property was rezoned from agricultural to residential. He then suggested that, if a variance was not granted at that time for the pole shed, the shed could be tom down if it has been less than five years. Commissioner DeVine indicated that the City could not allow the applicant to intensify the use of a nonconforming building. Motion bv Commissioner DeVine. seconded bv Commissioner Sheppard to recommend Council deny the request for a variance to construct an 8 x 24 addition Page 14 of 16 r . to the accessory structure at 6994 Centerville Road. V ote: Ayes - 5, Nays - 0, Abstain - 1 (McLean). Motion carried. 3. 1862 Main Street - Rezone Request Council Liaison Broussard Vickers suggested Mr. Schlavin speak to Mr. Palzer to obtain a list of all the commercial building code requirements. She then suggested Staff check with the City Attorney to determine whether the..Gity can put a limitation as to the type of commercial use that would be allowed at the property as a condition of the rezone. Mr. Schlavin asked if there was a driveway setback as he needs to put in a driveway to get to the back of the property for employee parking. Mr. Palzer indicated that City Code does not specif'y a driveway setback Mr. Schlavin indicated he was willing to sign the waiver extending the time the City has to either approve or deny his request. Motion bv Commissioner DeVine, seconded bv Commissioner Brainard to table the request for a rezone from residential to commercial at 1862 Main Street to allow time for more research by the applicant and the City. All in favor. Motion carried unanimously. 4. Zoning Map Ujldates/Corrections Motion bv Commissioner DeVine, seconded bv Commissioner Wilharber to table this mater to the next meetinl!:. All in favor. Motion carried unanimouslv. VI. DISCUSSION ITEMS None. VII. CONSIDERATION OF MINUTES Commissioner Wilharber requested the following changes: On Page I of 6 the reference should be to Page I of "7". On Page 3 of 7 change the reference of "Leibel" to "Corr" house. 1. August 7,2001 Meeting Minutes Motion bv Commissioner DeVine, seconded by Commissioner Wilharber to ap{lrove the AUl!:ust 7, 2001 Meetinl!: Minutes as amended. Ayes - 4 Nays - 0 Abstain - 2 (McLean/Sheppard). Motion carried. Page 15 of 16 1_ r I I I I VIII. ADJOURNMENT Motion by Commissioner Sheppard. seconded by Commissioner DeVine to adjourn the September 5. 2001 Plannin~ Commission Meetin2 at 9:35 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 16 of 16