HomeMy WebLinkAbout2002-01-08 P & Z Agenda
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PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TUESDAY, JANUARY 8, 2002
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. PUBLIC HEARING (S)
III. APPEARANCES
IV. OLD BUSINESS
1. Ordinance #4 Amendments
2. Zoning Map Modifications
V. NEW BUSINESS
1. Consideration of Ms. Mary Jo Helmbrecht's Letter ofInterest in Serving on the
Commisison
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
1. December 4, 200] Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
MEMO
DATE:
January 8, 2002
TO:
Planning & Zoning Commissioners
FROM:
Kim Moore-Sykes, City Administrator
RE:
Review Process for Site Plans
............................................................................
The Planning & Zoning Commission suggested that the review process for site plans be
written out. The process is for the most part, written out in section 070-010. One
addition I would suggest is establishing who on staff would be responsible for the review,
i.e., zoning administrator or hisfher designee (in the event the zoning administrator is out
or the position is vacant).
The other addition I would include is that the review shall take place 30 days prior to the
desired planning and zoning meeting. For example, if a property owner wants to
construct a home (or any other structure) and wants to have it before the Planning and
Zoning Commission in May, the application and site plan needs to be to the zoning
administrator or his/her designee the first week in April. By insisting on 30 days to
review the site plan, application, etc., staff has the time it needs to insure that the project
meets all the City's zoning requirements and gives the property owner an opportunity to
work out any problems with staff before it gets to the Commission.
AMENDMENTS TO ORDINANCE #4
FOURTH ADDITION
1. Division 30: Non-conforming Uses and Structures: Page 17, #B: The
time frame for an abandon or discontinued use has been extended to 12
months rather than 6 months under state statute.
2. Division 75: Final Grading and Landscaping: Page 21, subd.l: After
"grade as specified" the following language should be added "except
during inclement weather an escrow shaIl be deposited with the City as
approved in the fee schedule.
3. Division 080-100: Industrial District - Item "Special Requirements":
Page 35: This section should be deleted in its entirety as Division 135-140
on Page 46 is more comprehensive and complete.
4. Division 110: Sign Regulations: Page 39: This section should be deleted
due to Ordinance #39, Sign age.
5. Division 135-140: Outside Storage: Residential Districts: Item C: Page
46: The heading should be changed to include dwelling units in the M-I
District.
6. Front yard set back on lakeside and rear yard at street side.
7. Site Plan Review Process should be explained. See attached memo.
8. Delete Sections 205-010 & 020. Page 68.
9. Add the following language regarding Commercial District.
General Minimum Requirements. The following minimum requirements, as set
forth, shaIl apply to all buildings that may be erected, converted or structurally
altered in Commercial Districts. Page 26.
Setback. See Table A - Schedule of District Regulations Lot and Yard
Requirements.
Building Height in Commercial Districts. As provided in Division 115.
Off Street Parking. As provided in Section 36 of this ordinance.
In addition to Division #90: Page 27.
A. Space for a single vehicle shall be nine (9) feet by eighteen (18) feet or
larger.
B. Off street parking area shall be surfaced with asphalt or concrete, and
with permanent concrete curbs to define driveways and parking
limits. Plans and specifications for parking areas shaIl be reviewed by
the Rice Creek Watershed District and approved by the City through
the site plan review process.
Page 1 of9
C. There shall not be off street parking within five (5) feet from any
street right-of-way nor five (5) feet from any other lot line.
D. Also see Division 165.
Buffer Zone Between Commercial and Residential Districts. Where a Commercial
District abuts a Residential District, any new development shan include a buffer
zone. There shall be a protective strip ofnot less than ten (10) feet in width. This
protective strip shall contain no structures, shall not be used for parking, off street
loading, or storage, and shall be landscaped. The landscape treatment shall include
a compact screen wall or fence, but shall not extend within fifteen (15) feet of the
street right-of-way. The planting or fence desire must be approved by site plan
review process.
Screening Requirements. If the City Council requires any type of screening as a
condition for a Variance or Special Use Permit, the applicant shall comply with the
following conditions:
A. File a copy ofthe screening plans with the Zoning Administrator.
B. The screening, planting or construction, or both shall be complete
within one (1) year from the date of building permit, subject to
extension by the City CounciL
C. The screening shall be maintained after completion.
Landscaping. A minimum often (10) percent of any lot shall be green space. Three
(3) percent ofthe surface area of the land within a parking area shall be landscaped
with grass and shrubbery or other approved ground cover. Landscaped areas will
continue to be maintained by the property owner on a continuous basis. Green
areas within abutting street right-of-ways will also be maintained by the property
owner. See division #160 for other requirements.
Site Plan. Site plans for all developments requiring a special use permit must be
submitted prior to the issuance of building permits. At least the following
information shall be submitted for review: Page 28.
A. Site development plan.
B. Building plans, including building elevations, indicating mass, building
materials, and color of all exterior surfaces, including all materials
proposed to meet the screening requirements of this ordinance.
C. Landscape plans, including the number, species, and size of all plantings.
D. Grading, drainage, parking areas, items to be stored, and utility plans.
Accessory Structures. Garages, accessory structures, screen walls, buildings, and
exposed areas of retaining walls shall be of similar type, quality, and appearance as
the principal structure.
Page 2 of9
Exterior of Building. (Page 28) All buildings shall be finished on all sides with
permanent finished materials of consistent quality, per division 95, and Ordinance
#44-A.
Permitted Encroachments. The following shall not be considered as encroachments
on setbacks subject to other conditions within this ordinance:
Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves,
gutters, awnings, open terraces, service station pump islands, open canopies, steps,
chimneys, flag poles, ornamental features, open fire escapes, sidewalks, and fences,
except as hereinafter amended.
Exterior Merchandise
See section 135-140.
Lighting
See Section 135-040.
Driveways
A.
B.
No driveway shall be located within one hundred (100) feet of any right-
of-way line of a street intersection. Said distances shall be measured
along the property line from the comer right-of-way line.
Access drive onto county roads shall require a review by the City
Engineer. This review shall be measured along the property line from the
comer right-of-way line.
Special Use Permits
As provided in Division 200 of this ordinance. Page 29.
Criteria for Issuance of Special Use Permit. When reviewing an application for a special
use pennit the Planning and Zoning Conunission and City Council shall considered the
following criteria:
A. Impact on traffic.
B. Impact on parks, streets, and other public facilities.
C. Compatibility of the site plan, internal traffic circulation, landscaping and
structures with contiguous properties.
D. Impact of the use on the market value of contiguous properties.
E. Impact on general public health, safety, and welfare.
F. Compatibility with the City's Comprehensive Plan.
Signs
As provided in Ordinance #39.
Refuse
A.
All premises shall be provided with, at owner's expense, an adequate
number of approved containers to hold the garbage accumulated by such
Page 3 of9
premises. Such containers shall be made of metal or other suitable
material, shall be water tight, insect and rodent proof, and shall be of a
material not easily corrodible and equipped with suitable handles and tight
fitting covers and shall be kept covered when there is garbage stored
therein.
B. Garbage and rubbish containers shall be placed at the rear of the premises
or in such a manner as to be out of view from the street. In no event shall
container or their enclosures be placed or maintained in such a way to
unreasonably interfere with the use or enjoyment of adjoining property.
C. All garbage containers shall be screened with a suitable enclosure.
D. Every garbage or rubbish container shall be maintained in as sanitary
condition as is possible and shall be thoroughly cleansed as needed. If,
upon inspection by the Admiuistrative Authority a container is found to be
in poor repair, corroded or otherwise defective the Admiuistrative
Authority shall notuy, in writing, the provider or user of the container of
the deficiency and shall require the repair or replacement of the container
within fifteen (15) days. All container enclosures shall also be kept in
good repair.
Permitted Uses (Page 30)
A. Retail sales and service, but excluding adult orientated businesses.
B. Automobile and motorized equipment sales and service, excluding salvage
operations.
C. Farm implement sales and service.
D. Building supply sales and storage yards.
E. Funeral homes and mortuaries.
F. Day care centers.
G. Hotels and motels.
H. Full service gasoline sales and service.
I. Eating and drinking establishments.
1. Financial institutions.
K Personal and professional business offices.
L. Public buildings.
M. Barber/Beauty salons.
Page 4 of9
N. Commercial schools.
O. Hospitals and clinics.
P. Nursing homes.
Q. Commercial recreation.
R. Animal clinics.
S. Car washes.
T. Liquor stores.
Section 080-100: Industrial District (1-1). (Page 31)
Purpose
It is intended that the I-I District provide opportunities for light manufacturing and
industrial uses, trade businesses, machine shops and other more extensive land uses.
General Minimum Requirements
The following minimum requirements, as set forth herein. shall apply to all buildings that
may be erected, converted or structurally altered in Industrial Districts.
Permitted Principal Uses/Uses Permitted on Special Use Permit
As provided in Section 080-100 of this ordinance.
Setback
See Table B- Schedule of District Regulations Lot and Yard Requirements.
In addition, side yards fucing streets on comer lots shall be considered the same as front
yards. Where a front yard or side yard of a comer lot fuces a residential district across a
street, the setback from the street shall be not less than 60 feet.
Building height in Industrial Districts
As provided in Division 115 of this ordinance.
Off Street Parking
As provided in Division 90 of this ordinance.
In addition to Division 90:
A. Space for a single vehicle shall be nine (9) feet by eighteen (18) feet or
larger.
B. Off street parking areas shall be surfuced with asphalt or concrete, and
with permanent concrete curbs to define driveways and parking limits.
Plans and specifications for parking areas shall be reviewed by the City
Engineer, and approved by the City Council prior to construction.
Page 50f9
C. All open street parking areas having more than six (6) parking spaces shall
be effectively screened by a wall, fence of acceptable design, or compact
hedge along all sides, which adjoin or are directly across the street from
the property in a residential zone or institutional use. Such wall, fence or
hedge shall be maintained in good condition. Plans for fencing shall be
approved by the City Council. The fence shall not be used for advertising
purposes. (Page 31)
D. Parking constructed to fall within the minimum setbacks: See Table A.
E. Off street parking areas shall be so graded and drained as to dispose of all
surface water. Drainage plans shall be subject to approval oftbe City
Engineer. (Page 32)
F. Also see Section 165.
Buffer Zone Between Industrial and Residential Districts
Where the side yard of any Industria1 District abuts a Residential District, the
minimum side yard setback shall be 60 feet. Parking of vehicles will be permitted
within 40 feet of the side yard line. All side yard areas not utilized for parking
shall be landscaped with screening provided along the side lot line to within 15
feet of any public right-of-way.
Screening Requirements
If the City Council requires any type of screening as a condition for a Variance or
special use permit, the applicant shall comply with the following conditions:
A. File a copy ofthe screening plans with the Zoning Administrator.
B. The screening, planting or construction, or both shall be complete
within one year from the date of building permit, subject to
extension by the City Council.
C. The screening shall be maintained after completion.
D. A dollar amount of one and one-half times the estimated cost of
planting and construction of the screening shall be filed with the
City in the form of a cash escrow or letter of credit. The cash
escrow or letter of credit amount shall be forfeited to the City if
any provisions of this section are violated.
Landscaping
A minimum often (10) percent of any lot shall be green space. Three (3) percent of the
surface area of the land within a parking area shall be landscaped with grass and
shrubbery or other approved ground cover. Landscaped areas will continue to be
maintained by the property owner on a continuous basis. Green areas within abutting
street right-of-ways will also be maintained by the property owner. Also see Section 160.
Site Plan
Site plans for all developments require special use permits prior to the issuance of
building permits. At least the following information shall be submitted for review:
A. Site development plan.
Page 60f9
B. Building plans, including building elevations, indicating mass, building
materials, and color of all exterior surfuces, including all materials
proposed to meet the screening requirements of this ordinance.
C. Landscape plans, including the number, species, and size of all plantings.
(page 33)
D. Grading, drainage, parking areas, items to be stored, and utility plans.
Accessory Structures
Garages, accessory structures, screen walls and exposed areas of retaining walls shall be
of similar type, quality, and appearance as the principal structure. Accessory structures
shall comply with all of section 080-100.
Exterior of Building
All buildings shall be finished on all sides with permanent finished materials of
consistent quality, per division 100, and amendment #44-A.
Permitted Encroachments
The following shall not be considered as encroachments on setbacks subject to other
conditions within this ordinance:
Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves,
gutters, awnings, open terraces, service station pump islands, open canopies, steps,
chimneys, flag poles, ornamental features, open fire escapes, sidewalks, and fences,
except as hereinafter amended.
Exterior Merchandise
See section 135-140.
Lighting
See Section 135-040.
Driveways
A.
B.
No driveway shall be located within one hundred (100) feet of any right-
of-way line of a street intersection. Said distances shall be measured
along the property line from the corner right-of-way line.
Access drive onto county roads shall require a review by the City
Engineers.
Special Use Permits
As provided in Ordinance #39.
Refuse
A.
All premises shall be provided with, at owner's expense, an adequate
number of approved containers to hold the garbage accumulated by such
premises. Such containers shall be made of metal or other suitable
material, shall be water tight, insect and rodent proof; and shall be of a
Page 7 of9
material not easily corrodible and equipped with suitable handles and tight
fitting covers and shall be kept covered when there is garbage stored
therein.
B. Garbage and rubbish containers shall be placed at the rear of the premises
or in such a manner as to be out of view from the street. In no event shall
container or their enclosures be placed or maintained in such a way to
unreasonably interfere with the use or enjoyment of adjoining property.
(Page 34)
C. All garbage containers shall be screened with a suitable enclosure.
D. Every garbage or rubbish container shall be maintained in as sanitary
condition as is possible and shall be thoroughly cleansed as needed. If,
upon inspection by the Administrative Authority a container is found to be
in poor repair, corroded or otherwise defective the Administrative
Authority shall notifY, in writing, the provider or user of the container of
the deficiency and shall require the repair or replacement of the container
within fifteen (15) days. All container enclosures shall also be kept in
good repair.
Loading Facilities
Loading facilities shall be in the side of rear yards. When adjacent to and/or visible from
any public street, such facilities must be adequately screened.
Storage
For the purpose of this zoning district, car, vans and pick-up trucks parked outside and
used by employees and/or visitors in the normal course ofthe business operation will not
be constructed to be outdoor storage. Further, outside parked trucks and semi-tailers used
in the normal business commerce will not be constructed to be outdoor storage;
A. Provided that the total number of trucks and semi-trailers does not exceed
the number of docks and/or bay doors, and
B. Such use is not constructed as an operation listed as a conditional use in
any industrial zone.
Permitted Uses
A. Business and professional offices.
B. Machine and repair shops.
C. Construction trade offices and yards.
D. Manufacturing, warehousing, distnbution, processing, packaging,
assembly and research uses, except waste management.
E. Indoor shooting/archery range and sales.
F. Truck tenninals. (Special Use Pennit required)
Page 80f9
I -
G. Mini-Storage (SDecial Use Pennit Required - Page 35).2
H. Kennels (Special Use Permit Required - Page 35)
Special Requirements
A. 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. Adult orientated businesses are regulated separately
by City Ordinance.
2 Aunended: June 27, 2001
Page 9 of9
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Kim Moorl'j-Sykes
rom:
en!:
To:
Subject:
maryjo.heJmbrechi@ddc-us.com
Friday. December 14,2001 9:17 AM
ksykes@ceniervillemn.com
Planning and Zoning Commission
~-
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alert.tx-l
<<alert.txt>> Kim, I am interested in serving on the Planning and Zoning
Comraission. Would you please give this request to them? Thank you.
1
.
.
CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
DECEMBER 4, 2001
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on December 4,2001, at 6:30 p. m.
PRESENT:
John McLean
Ray DeVine (arrived at 7:40 p.m.)
Brian Hanson
Tom Williarber
ABSENT:
David Kilian
COUNCIL:
Linda Broussard Vickers
STAFF:
City Administrator Kim Moore-Sykes
I. CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:32 p.m.
Chairperson Hanson indicated that Rob Sheppard had submitted his letter of resignation.
Motion by Commissioner Wilharber. seconded by Commissioner McLean to accept
tile resil!l1atioil of Rob Sheppard from the Planning Commission. All ill favor.
Motion carried unanimouslv.
n. PUBBC HEA.!UNG(S)
None.
m. APPEARANCES
None.
Page I of9
IV. OLD BUSINESS
1. Ordinance #4 Amendments
Ms. Moore-Sykes indicated that the document that states which page the changes are on
was incorrect and then indicated she had gone through the document and written down
the correct pages and would indicate the page number as the discussion proceeded.
Council Liaison Broussard Vickers recommended going through each change
individually to make sure the changes are correct.
Council Liaison Broussard Vickers asked why the City would want to lengthen the time a
structure is allowed to be nonconforming.
Ms. Moore-Sykes indicated that, in her experience with other cites, the time period has
been 12 months to allow fur inclement weather during the winter months.
Ms. Moore-Sykes led the Planning Commission in a review of aU of the changes to
Ordinance #4.
Tracy Tratar asked if there was a reason the City wanted to be so restrictive on the
number of structures.
Council Liaison Broussard Vickers indicated that it was a consensus that was arrived at
after numerous public hearings.
Ms. Moore-Sykes indicated that one reason is to limit the amount of water runoffand
with the soil conditions in Centerville runoff is not easily absorbed. .
Council Liaison Broussard Vickers indicated she would like to ask l\ilr. Palzer why he
wants to remove the rear yard setback.
Commissioner DeVine arrived at 7:40 p.m.
Mr. Tratar indicated he measured from the curb to the building for the figures provided to
the Commission.
Mr. Tratar indicated his lot is 100 x 150. He then indicated he was told he does not own
the IS-foot City right of way.
Council Liaison Broussard Vickers indicated if the City measures from the curb it does
not matter where his lot line is because the City would use the curb.
Commissioner DeVine indicated that the Ordinance indicates that the measurement is
from the lot line and, if the lot line is at the IS-toot right of way, then that is where the
measurement should start.
Page 2 of9
Commissioner De Vine indicated that the 35-foot setback is there for new construction.
Commissioner Wilharber questioned how many houses on comer lots in Centerville do
not have a garage. He then indicated that this situation may be easier handled under the
variance process because it is a unique situation.
Commissioner DeVine agreed that he thinks the situation is unique enough to be granted
a vanance.
Commissioner DeVine asked if the City has an interim planner. Ms. Moore-Sykes
indicated he was an intern and said his last day is December 5, 2001.
Commissioner De Vine indicated that he would like to research the way the City is
measuring for the setbacks and asked who would do that.
Ms. Moore-Sykes indicated she would like to see the Anoka County survey maps to see
where the lot lines and easement lines for right of way are located.
Commissioner Wilharber asked tor a site plan. He then inquired as to how far the house
is located from the property line to the east. Mr. Tratar indicated the house was 67 feet
from the east property line.
Ms. Moore-Sykes indicated she thought a variance would be more appropriate in this
situation to maintain the integrity ofthe Ordinance.
Commissioner De Vine indicated he was interested in knowing how many houses in town
on comer lots do not have garages.
IVIr. Tratar indicated that with the money left over from building his garage he wants to
put a pool and fence in the backyard.
Chairperson Hanson asked if the Ordi11ance addresses burning garbage because he knows
someone on Center Street bums garbage.
Commissioner Wilharher suggested Chairperson Hanson make a call so the Fire
Department can put a stop to the burning of garbage.
It was the consent of the Commission to research the front and rear yard issues for iots
abutting lakes before making any changes.
Ms. Moore-Sykes indicated that the City would come to a point in development where
tearing dOVlffi homes and rebuilding on the lot will happen and she suggested striking out
permit applications not required for single family residential.
Page 3 of9
Council Liaison Broussard Vickers indicated that she did not see language for the zoning
permit that Mr. Palzer had suggested and indicated she would like to see a list added of
everything Staff can think of that should be reviewed.
2. Zoning Map Modifications
Ms. Moore-Sykes explained that the Conservation District was not intended for the
protection of waterviays but was created for future recreation and parks. She then
explained that the Metropolitan Council does not recognize Cl zoning but does recognize
the flood plain designation and that is what governs the development process. She
further explained that she had discovered that the Cl zoning was done to provide a
recreation area around Clear Water Creek back in June of 1991 at the request of the
resident at 1759 Main Street.
The Commission discussed the pros and cons oUhe conservation district and determined
that it would be appropriate to solicit input from the City Attorney and the consultant
who assisted with the changes to the Comprehensive Plan before detemtining how to
rezone the C 1 district.
Ms. Moore-Sykes indicated that a resident had applied for a variance from Rice Creek
Watershed District to be allowed to build a tour-season porch in the tloodplain. She then
indicated that Rice Creek had told the resident that it would grant approval if the City
granted a variance and, since the resident applied for the variance, the 60 day time limit is
ruuning.
The Commission asked Ms. Moore-Sykes to call the resident and ask her to waive the 60-
day requirements because the City needs to research whether or not a variancerrom the
City is required.
V. NEW BUSINESS
I. Consideration of Cablecastin~ Meetings
After discussing the matter, it was determined that the Commission did not tee! it was
necessary to cablecast its meetings.
2. Extension Requests - Non-compliant Sheds
IV!:r. l'v.!ichaels addJ:essed the Commission and explained that he had been doLl1g extensive
remodeling on his house because it was purchased as a HOD home and needed repair.
He then indicated that the roof of the shed was not in very good condition and last winter
a heavy load of snow slid onto it from the house and collapsed the shed.
!vir. Michaels indicated he had come to City Hall to ask severai questions concerning the
work he was doing and specifically asked whether he needed a permit to rebuild the shed.
Page 40f9
He then indicated that, after asking the size of the shed, the City Clerk had told him that
he did not need a permit.
Mr. Michaels indicated that he rebuilt the shed on the existing concrete pad and said the
shed is anchored to that pad. He then asked the Commission for either permission to
leave the shed where it is or for an extension to next year, after the ground has dried out,
to move the shed because he did some grading in his yard and installed new sod and a
sprinkler system.
Commissioner Wilharber asked how much it cost to rebuild the shed.
Mr. Michaels indicated that it had cost between $1,200 and $1,300 to have Minnesota
Quality Shed build the shed.
Commissioner Wilharber asked if it was possible to move the shed.
Mr. Michaels indicated he was not sure and explained that after the shed was built he had
sealed it.
Chairperson Hanson asked if the shed was anchored to the concrete.
Mr. Michaels indicated the shed was built professionally and was anchored to the
concrete.
Chairperson Hanson noted that lVIr. Michaels had said he came to the City and spoke to
someone concerning the shed. He then asked when Mr. Michaels had come to the City.
Mr. Michaels explained he had come to the front desk to obtain information about
building a deck and for information on a permit for siding and windows. He noted that
the person at the front desk had told him to have his contractor come and get the permit
and then gave him information about decks. He then indicated that he discussed the shed
with this person who told him that, based on the size of the shed, a permit would not be
necessary ^
Ms. Moore-Sykes asked whether Mr. Michaels had a site plan with him at the time he
inquired about the permit for the shed. Mr. Michaels indicated he did not. Ms. Moore-
Sykes indicated that a site plan may have shown that there was a problem with the
location of the shed.
lVIr. Michaels commented that he was surprised that a professional contractor did not
know the shed was too close to the house.
Chairperson Hanson explained that because the structure was non-conforming and was
tom down, not just modified, the City requires that the new structure conform to the
Code.
Page 5 of9
Commissioner McLean asked what type of material the shed was built out of. Mr.
Michaels indicated that the shed was built out of treated lumber.
Chairperson Hanson asked if the shed could be moved or if the structure would have to
be demolished and rebuilt.
Mr. Michaels indicated he did not know but said he hoped the anchors could be detached
and the structure lifted off the concrete and moved to another location. He then indicated
that ifhe was granted the extension he would have time to research how to move the
shed.
Commissioner Wilharber indicated that the Commission could either grant an abstention
or possibly a variance to allow the shed to remain where it is.
Ms. Moore-Sykes indicated that it might be possible to issue a conditional use permit and
allow the shed to stay in its location provided modifications could be made to comply
with the fire code.
Commissioner McLean indicated he did not think Mr. Michaels would be able to meet
the hardship requirements for granting a variance.
Chairperson Hanson asked if Mr. Michaels could attach the shed to the house. Council
Liaison Broussard Vickers indicated that the shed would need to have a foundation if it
were attached to the house.
Ms. Moore-Sykes indicated she would like to research the possibility of using a
conditional use permit. She then explained that, with the conditional use permit, Mr.
Nuchaels would be allowed to leave the shed where it is provided certain conditions are
met.
Chairperson Hanson suggested setting a date for moving the shed in the event that it is
not possible to use a conditional use permit to allow the shed to remain in its current
location.
Mr. Michaels indicated that he understood that the problem was with the state fire code
and thanked the Commission for its consideration.
Chairperson Hanson recommended that Mr. Michaels obtain a copy of Ordinance #4 for
further information.
Ms. Moore-Sykes asked Mfr. Michaels to look into how the shed could be moved and the
costs to do so while she researched the conditional use permit. She then indicated that
they should meet to discuss the matter at.a later date.
Page 6 of9
Motion iJy Commissioner McLean, seconded bv Commissioner Wilharber to
recommend to Council an extension to July 1, 2002 to move the shed. All in favor.
Motion carried uiIlmimouslv.
Commissioner Wilharber explained that Bill Michaels used to be a Circle Pines
Lexington Police Officer and Leanne Huhl is Gene Huhl's daughter. He then indicated
that Mr. Michaels was a dare officer and when the kids found out he was leaving the
program they were crying because he had made such an impression on them through the
dare program. He further indicated that Mr. lVIichaels is now an Anoka City Police
Officer and is the nicest guy to get along with.
COlllIPissioner Wilharber indicated that !VIr. March had applied for a permit to build an
addition and was told his shed was too close to the house.
Council Liaison Broussard Vickers indicated that, if the shed was not newly
reconstructed it would be grandfuthered in. She then asked if there would have been a
site plan provided when the building permit for the addition was requested.
Commissioner Wilharber indicated the new zoning permit fee proposed by Mr. Palzer
would help with these types ofissues.
Motion by Commissioner Wllhawoer, seconded by Commissioner MeLean to
recommend to Council an ilxtensioD to .July 1, 2002 to move the shed. All ill favor.
Motion carried unanimouslv.
Council Liaison Broussard Vickers commented that the City should not have given a
permit that would allow something to become nonconforming.
!VIr. March indicated he would take the extension to move the shed but said his real
interest is seeing if the Commission has any desire to change the Ordinance. He then
explained that when he received the notice on his shed that has been in the same location
since 1995 he spoke to the building official in the community that he works in and was
told that if a one hour fire wall was jp..stalled the stl'ucture could be located one foot from
the principal structure.
Mr. l\Iarch indicated that he Wffi'1ts to side his shed so it matches the house. He indicated
that the shed has significant landscaping around it and suggested he would upgrade his
shed to be allowed to have it closer to the house than currently allowed. He also
indicated that there are a number of sheds in the community that are in a similar situation
but stated some may not be able to be upgraded to meet the fire code requirements.
Chairperson Hanson indicated that the Commission had just discllssed allowing another
resident to keep his shed in its current location through a conditional use permit which
would involve the use of a fire wall.
Page 7 of9
J'vlr. March indicated he did not think upgrading the shed to provide for the one hour fire
protection would work in all situations. He then indicated that the way his house is built
there is a nook behind the garage and the main part of the house where the shed is
located. He further indicated that, ifhe is required to move the shed, it would be moved
to the farthest back comer of his lot and his neighbors would have to look at it.
Council Liaison Broussard Vickers indicated that the City has allowed zero clearance in
the past as long as the structure complied with the fire code.
Ms. Moore-Sykes indicated that using a conditional use permit rather than changing the
Ordinance would allow the City to retain control over the other sheds in toWil.
Commissioner Wilharber questioned whether, after receiving his letter of noncompliance,
Mr. March had taken a look to see if there are other noncomplying sheds in town.
Mr. March indicated he had not driven through the south portion of the community but
stated there are other noncompliant sheds in his area.
Commissioner McLean questioned whether the shed was nonconforming all along.
Mr. March indicated his shed has been nonconforming since the home was built.
Council Liaison Broussard Vickers indicated that the resident is not required to bring the
shed into compliance unless it bums down or falls down.
Mr. March asked the City to look into the matter and notifY him by letter as to whether
the shed needs to be moved.
Councilllilember Broussard Vickers indicated she did not understand where the address
list containing properties with nonconforming structures originated and who issued the
letters. She then indicated that the structure is nonconforming and, since nothing has
changed, it is grandfathered in.
Ms. Moore-Sykes indicated she would look into the matter.
VI. DISCUSSION ITEMS
Ms. Moore-Sykes indicated that the first Tuesday in January was January 1, 2002. She
then asked when the Commission wished to hold its January meeting.
Discussion ensued and the Commission asked Ms. Moore-Sykes to find out if Mr. Palzer
is available on January 8, 2002 or if the meeting needs to be held on January 3, 2002 and
report back to the Commission.
Page 8 of9
'In. CONSmERA'fJ:ON OF MINUTES
I. November 6, 200] Meeting Minutes
Chairperson Hanson requested the following change: On Page 6, delete the -words "if
any."
Motion by Commissioner DeVine, seeonded bv Commissioner Wilharber to approve
the November 6,2001 Meetill?Z Minutes as amended. All in favor. Motion carried
IInanimouslv.
'1m. ADJOURNMENT
Motion by Commissioner Wilhall'bell', seconded bv Commis!lioner DeVille to adiourn
the December 4, 2001 Planning Commission Meetin?Z at 9:15 p.m. Ail in favor.
Motion carried ullanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 9 of9
L _
3585 N. LEXINCTON AVENUE, SUITE 330
ARDEN HillS, MIJ\INESQTA 55126-H056
PHONE 65-1-766-4-191 . F/l,X 65"1-766-4196
Board of Mi:lT1ager
Regular Meetings::
2nd and 4th Wednesdays
at Shoreview City Hall
BONITA TORPE, Admin. Assist.
R; , .!j;JI" ,'jf"l,~., , . ':i'!3? 'JI:i:J:", .,,p. ,. .~" ,.PJiI
; " J;l.(l1<>e~1r:eeA'7n ;S,iil,er!S!I!leU
December 27, 2001
Kim Moue-Sykes, City Administrator
1880 Main Street
Centerville MN 55038
Subj; Spivak residence variance RCWD permit #01-116
7050 Eagle Trail, Centerville, MN
Dear Ms. Moore-Sykes,
Rice Creek Watershed District (RCIND) Board of Managers signed a Findings
and Order in the' matter of application for variance of Thomas and Bonnie Spivak
at their regular Board meeting last night, December 26, 2001, Enclosed is a
signed copy of that document for your files.
I have notified the Spivaks that RCIND has granted the variance and will issue
an amended permit that will be faxed to Centerville. Please feel free to call me if
you have further questions or concerns, 651-766-4'192.
Sincerely,
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Jan~1I Miersch
'p'(ogram Coordinator
C: Correspondence file
RCWD # 01-116
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STATE OF l'vllNNESOTA
RICE CREEK WATERSHED DISTRICT
BOARD OF MANAGERS
RICE CREEK WATERSHED DISTRICT
IN THE COUNTIES OF ANOKA..,
HENNEPIN, RAMSEY Al\TD
WASHINGTON
FINDINGS AND ORDER
In the Matter of Application
for Variance of Thomas and Bonnie Spivak
Baseri upon the record and proceedings in this matter the Rice Creek Watershed District
Board of Managers malces the following:
FINDINGS
I. Thomas and BOll11ie Spivak (Applicants) own a single family residence on Lot 14,
Block I of the Eagle Pass development in Centerville, Mill11esota. Applicants propose to
construct an addition to their single family residence which would include a 280 SF sunroom and
112 SF deck. The proposed addition would be built on stilts off the northeast comer of the
dwelling.
') The proposed project would encroach approximately 20 feet into the 100"foot fronl .
centerline of Clearwater Creek easement conidor; such drainage and utility easements on the lot
were earlier conveyed to the City ofCenterville lmder RCWD Permit 96-104.
J. The District Rules require a 100-foot easement or set-back from the centerline of
Clearwater Creek.
4. Applicants now request a variance from the District's 100.foot easement set-back
requiremem to construct the proposed addition approximately 20 feet within the IOO-foot
Clearwater Creek easement coni dOL
5. District Engineers have advised that rate contra! and water quality treatment regarding
the proposed project will not be an issue since limited new impervious area is being created and
runoff will remain as overland flow to Clearwater Creek. First floor freeboard requirements are
also not an issue since the proposed addition is raised to the second Hoar on stilts. Finally, the
District would have adequate access for ditch maintenance of Clearwater Creek with the
proposed 20- foot easement encroachment.
6. In order to grant a variance the District Board of Managers must determine the
staIHlards in its variance policy have been met
7. Standard:
Special conditions apply to the structure or land under consideration
that do not apply generally to other land or structures in the District.
Applicants' 20-foot encroachment within the 1 OO-foot easement is negligible and would
have no adverse floodplain impact, the proposed addition being constructed on stilts. The
activities as proposed would have no wetland impact that must be replaced under WCA.
Adequate access exists for ditch maintenance of Clearwater Creek. The proposed improvement
will not adversely affect public safety, or adversely affect water quality or drainage in the
District.
8. Standard:
Because of the unique conditions of the property involved, undue hardship
to the applicant would result, as distinguished from mere inconvenience,
if the strict letter ofthe rules was carried out.
Applicants' property conditions are unique in that encroachment within the easement is
negligible, having no adverse floodplain impact, and would still allow the District adequate
access for ditch maintenance. The proposed improvement would not adversely affect the public
welfare or water quality or drainage in the District, and to prevent its construction in this
situation would cause Applicants undue hardship in the reasonable use of their land.
9. Standard:
The proposed activity for which the variance is sought will not adversely
affect the public health, safety, welfare, will not create extraordinary public
expense, will not adversely affect water quality, water control, or drainage
in the District.
There is no evidence that then~ '-viii he mr\! adverse ~ffect related to the abDve factors.
. -..l -
Adverse floodplain impact is not an issue; the proposed addition is raised to the second noor on
stilts. There would be no replacement wetland impacts under WCA. Rate control and water
quality treatment is not an issue since limited new impervious area is being created and nmotl
will remain as overland tlow to Clearwater Creek. The District will still have adequate access to
maintain Clearwater Creek.
10. Standard:
The intent onhe District's rules is met.
2
See paragraph 9 above.
CONCLUSIONS
Strict enforcement of the District's 1 DO-foot easement set-back requirement from the
centerline of Clearwater Creek for Applicants' proposed sunroom and deck addition would cause
undue hardship to Applicants. The variance will be in keeping with the spirit and intent of the
District's rules.
Based upon the above the application for a vmiance is granted.
IT IS SO ORDERED.
Dated: 19--/ r?t-&/& I
/ /
RlCE CREEK WATERSHED DISTRlCT
BOARD OF MANAGERS
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PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TUESDAY, JANUARY 8, 2002
6:30 p.m.
I. CALL TO ORDER
1. Roll Call
II. PUBLIC HEARING (S)
III. APPEARANCES
IV. OLD BUSINESS
1. Ordinance #4 Amendments
2. Zoning Map Modifications
V. NEW BUSINESS
1. Consideration of Ms. Mary Jo Helmbrecht's Letter ofInterest in Serving on the
Commisison
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
1. December 4,2001 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
L
~
PLANNING AND ZONING COMMITTEE
MEETING AGENDA
TUESDAY, JANUARY 8, 2002
6:30 p.m.
1. Roll Call
(bA(~W:---~~~
I.
CALL TO ORDER
II. PUBLIC HEARING (S)
SfJ\tla.-1Y - co., u ..'J.'c)
III. APPEARANCES
IV. OLD BUSINESS
1. Ordinance #4 Amendments
2, Zoning Map Modifications
V. NEW BUSINESS
1. Consideration of Ms. Mary Jo Helmbrecht's Letter ofInterest in Serving on the
Commisison
VI. DISCUSSION ITEMS
VII. CONSIDERATION OF MINUTES
1. December 4,2001 Planning and Zoning Meeting Minutes
VIII. ADJOURNMENT
r-
'EstaElislied 1857
MEMO
DATE:
January 8, 2002
TO:
Planning & Zoning Commissioners
FROM:
Kim Moore-Sykes, City Administrator
RE:
Review Process for Site Plans
............................................................................
The Planning & Zoning Commission suggested tbat tbe review process for site plans be
written out. Tbe process is for the most part, written out in section 070-010. One
addition I would suggest is establishing who on staffwouId be responsible for the review,
i.e., zoning administrator or hislher designee (in the event the zoning administrator is out
or the position is vacant).
The other addition I would include is that the review shall take place 30 days prior to the
desired planning and zoning meeting. For example, if a property owner wants to
construct a home (or any other structure) and wants to bave it before the Planning and
Zoning Commission in May, the application and site plan needs to be to the zoning
administrator or his/her designee the first week in April. By insisting on 30 days to
review the site plan, application, etc., staffhas the time it needs to insure that the project
meets all the City's zoning requirements and gives the property owner an opportunity to
work out any problems with staff before it gets to the Commission.
r---
AMENDMENTS TO ORDINANCE #4
FOURTH ADDITION
1. Division 30: Non-conforming Uses and Structures: Page 17, #B: The
time frame for an abandon or discontinued use has been extended to 12
months rather than 6 months under state statute.
2. Division 75: Final Grading and Landscaping: Page 21, subd.I: 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 fee schedule.
3. Division 080-100: Industrial District - Item "Special Requirements":
Page 35: This section should be deleted in its entirety as Division 135-140
on Page 46 is more comprehensive and complete.
4. Division 110: Sign Regulations: Page 39: This section should be deleted
due to Ordinance #39, Signage.
5. Division 135-140: Outside Storage: Residential Districts: Item C: Page
46: The heading should be changed to include dwelling units in the M-I
District.
6. Front yard set back on lakeside and rear yard at street side.
7. Site Plan Review Process should be explained. See attached memo.
8. Delete Sections 205-010 & 020. Page 68.
9. Add the following language regarding Commercial District.
General Minimum Requirements. The following minimum requirements, as set
forth, shall apply to all buildings that may be erected, converted or structurally
altered in Commercial Districts. Page 26.
Setback. See Table A - Schedule of District Regulations Lot and Yard
Requirements.
Building Height in Commercial Districts. As provided in Division 115.
Off Street Parking. As provided in Section 36 of this ordinance.
In addition to Division #90: Page 27.
A. Space for a single vehicle sball be nine (9) feet by eighteen (18) feet or
larger.
B. Off street parking area shall be surfaced with asphalt or concrete, and
with permanent concrete curbs to define driveways and parking
limits. Plans and specifications for parking areas shall be reviewed by
the Rice Creek Watershed District and approved by the City through
the site plan review process.
Page 1 of9
".---
C. There shaD not be off street parking within five (5) feet from any
street right-of-way nor five (5) feet from any other lot line.
D. Also see Division 165.
Buffer Zone Between Commercial and Residential Districts. Where a Commercial
District abuts a Residential District, any new development shall include a buffer
zone. There shall be a protective strip of not less than ten (10) feet in width. This
protective strip shall contain no structures, shall not be used for parking, off street
loading, or storage, and shall be landscaped. The landscape treatment shall include
a compact screen wall or fence, but shall not extend within fifteen (15) feet of the
street right-of-way. The planting or fence desire must be approved by site plan
review process.
Screening Requirements. If the City Council requires any type of screening as a
condition for a Variance or Special Use Permit, the applicant shall comply with the
foDowing conditions:
A. File a copy of the screening plans with the Zoning Administrator.
B. The screening, planting or construction, or both shall be complete
within one (1) year from the date of building permit, subject to
extension by the City Council.
e. The screening shall be maintained after completion.
Landscaping. A minimum of ten (10) percent of any lot shall be green space. Three
(3) percent of the surface area of the land within a parking area shall be landscaped
with grass and shrubbery or other approved ground cover. Landscaped areas will
continue to be maintained by the property owner on a continuous basis. Green
areas within abutting street right-of-ways will also be maintained by the property
owner. See division #160 for other requirements.
Site Plan. Site plans for all developments requiring a special use permit must be
submitted prior to the issuance of building permits. At least the following
information shall be submitted for review: Page 28.
A. Site development plan.
B. Building plans, including building elevations, indicating mass, building
materials, and color of all exterior surfaces, including all materials
proposed to meet the screening requirements of this ordinance.
C. Landscape plans, including the number, species, and size of all pJantings.
D. Grading, drainage, parking areas, items to be stored, and utility plans.
Accessory Structures. Garages, accessory structures, screen walls, buildings, and
exposed areas of retaining walls shall be of similar type, quality, and appearance as
the principal structure.
.
Page 2 of9
r-
Exterior of Building. (Page 28) All buildings shall be finished on all sides with
permanent finished materials of consistent quality, per division 95, and Ordinance
#44-A.
Permitted Encroachments. The following shall not be considered as encroachments
on setbacks subject to other conditions within this ordinance:
Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves,
gutters, awnings, open terraces, service station pump islands, open canopies, steps,
chimneys, flag poles, ornamental features, open fire escapes, sidewalks, and fences,
except as hereinafter amended.
Exterior Merchandise
See section 135-140.
Lighting
See Section 135-040.
nriveways
A.
B.
No driveway shall be located within one hundred (100) feet of any right-
of-way line of a street intersection. Said distances shall be measured
along the property line from the corner right-of-way line.
Access drive onto county roads shall require a review by the City
Engineer. This review shall be measured along the property line from the
comer right-of-way line.
Special Use Permits
As provided in Division 200 of this ordinance. Page 29.
Criteria for Issuance of Special Use Permit. When reviewing an application for a special
use permit the Planning and Zoning Commission and City Council shall considered the
following criteria:
A. Impact on traffic.
B. Impact on parks, streets, and other public facilities.
C. Compatibility of the site plan, internal traffic circulation, landscaping and
structures with contiguous properties.
D. Impact of the use on the market value of contiguous properties.
E. Impact on general public health, safety, and welfare.
F. Compatibility with the City's Comprehensive Plan.
Signs
As provided in Ordinance #39.
Refuse
A.
All premises shall be provided with, at owner's expense, an adequate
number of approved containers to hold the garbage accumulated by such
Page 3 of9
premises. Such containers shall be made of metal or other suitable
material, shall be water tight, insect and rodent proof; and shall be of a
material not easily corrodible and equipped with suitable handles and tight
fitting covers and shall be kept covered when there is garbage stored
therein.
B. Garbage and rubbish containers shall be placed at the rear of the premises
or in such a manner as to be out of view from the street. In no event shall
container or their enclosures be placed or maintained in such a way to
unreasonably interfere with the use or enjoyment of adjoining property.
C. All garbage containers shall be screened with a suitable enclosure.
D. Every garbage or rubbish container shall be maintained in as sanitary
condition as is possible and shall be thoroughly cleansed as needed. If;
upon inspection by the Administrative Authority a container is found to be
in poor repair, corroded or otherwise defective the Administrative
Authority shall notify, in writing, the provider or user of the container of
the deficiency and shall require the repair or replacement of the container
within fifteen (15) days. All container enclosures shall also be kept in
good repair.
Permitted Uses (Page 30)
A. Retail sales and service, but excluding adult orientated businesses.
B. Automobile and motorized equipment sales and service, excluding salvage
operations.
C. Farm implement sales and service.
D. Building supp ly sales and storage yards.
E. Funeral homes and mortuaries.
F. Day care centers.
G. Hotels and motels.
H. Full service gasoline sales and service.
1. Eating and drinking establishments.
J. Financial institutions.
K. Personal and professional business offices.
L. Public buildings.
M. Barber/Beauty salons.
Page 4 of9
r-
N. Commercial schools.
O. Hospitals and clinics.
P. Nursing homes.
Q. Commercial recreation.
R. Anirnal clinics.
S. Car washes.
T. Liquor stores.
Section 080-100: Industrial District (1-1). (Page 31)
Purpose
It is intended that the I -I District provide opportunities for light manufacturing and
industrial uses, trade businesses, machine shops and other more extensive land uses.
General Minimum Requirements
The following minimum requirements, as set forth herein, shall apply to all buildings that
may be erected, converted or structurally altered in Industrial Districts.
Permitted Principal Uses/Uses Permitted on Special Use Permit
As provided in Section 080-100 of this ordinance.
Setback
See Table B- Schedule of District Regulations Lot and Yard Requirements.
In addition, side yards facing streets on comer lots shall be considered the same as front
yards. Where a front yard or side yard of a comer lot faces a residential district across a
street, the setback from the street shall be not less than 60 feet.
Building height in Industrial Districts
As provided in Division lIS of this ordinance.
Off Street Parking
As provided in Division 90 of this ordinance.
In addition to Division 90:
A. Space for a single vehicle shall be nine (9) feet by eighteen (18) feet or
larger.
B. Off street parking areas shall be surfaced with asphalt or concrete, and
with permanent concrete curbs to define driveways and parking limits.
Plans and specifications for parking areas shall be reviewed by the City
Engineer, and approved by the City Council prior to construction.
Page S of9
,
C. All open street parking areas having more than six (6) parking spaces shall
be effectively screened by a wall, fence of acceptable design, or compact
hedge along all sides, which adjoin or are directly across the street from
the property in a residential zone or institutional use. Such wall, fence or
hedge shall be maintained in good condition. Plans for fencing shall be
approved by the City Council The fence shall not be used for advertising
purposes. (Page31)
D. Parking constructed to fall within the minimum setbacks: See Table A
E. Off street parking areas shall be so graded and drained as to dispose of all
surface water. Drainage plans shall be subject to approval of the City
Engineer. (Page 32)
F. Also see Section 165.
Buffer Zone Between Industrial and Residential Districts
Where the side yard of any Industrial District abuts a Residential District, the
minimum side yard setback shall be 60 feet. Parking of vehicles will be permitted
within 40 feet of the side yard line. All side yard areas not utilized for parking
shall be landscaped with screening provided along the side lot line to within 15
feet of any public right-of-way.
Screening Requirements
If the City Council requires any type of screening as a condition for a Variance or
special use permit, the applicant shall comply with the following conditions:
A. File a copy of the screening plans with the Zoning Administrator.
B. The screening, planting or construction, or both shall be complete
within one year from the date of building permit, subject to
extension by the City Council.
C. The screening shall be maintained after completion.
D. A dollar amount of one and one-half times the estimated cost of
planting and construction of the screening shall be filed with the
City in the form of a cash escrow or letter of credit. The cash
escrow or letter of credit amount shall be forfeited to the City if
any provisions of this section are violated.
Landscaping
A minimum often (10) percent of any lot shall be green space. Three (3) percent of the
surfuce area of the land within a parking area shall be landscaped with grass and
shrubbery or other approved ground cover. Landscaped areas will continue to be
maintained by the property owner on a continuous basis. Green areas within abutting
street right-of-ways will also be maintained by the property owner. Also see Section 160.
Site Plan
Site plans for all developments require special use permits prior to the issuance of
building permits. At least the following information shall be submitted for review:
A. Site development plan.
Page 6 of9
r
B. Building plans, including building elevations, indicating mass, building
materials, and color of all exterior surfuces, including all materials
proposed to meet the screening requirements ofthis ordinance.
C. Landscape plans, including the number, species, and size of all plantings.
(Page 33)
D. Grading, drainage, parking areas, items to be stored, and utility plans.
Accessory Structures
Garages, accessory structures, screen walls and exposed areas of retaining walls shall be
of similar type, quality, and appearance as the principal structure. Accessory structures
shall comply with all of section 080-100.
Exterior of Building
All buildings shall be finished on all sides with permanent finished materials of
consistent quality, per division 100, and amendment #44-A.
Permitted Encroachments
The following shall not be considered as encroachments on setbacks subject to other
conditions within this ordinance:
Off street parking spaces, flues, belt course, leaders, sills, pilaster, lintels, cornices, eaves,
gutters, awnings, open terraces, service station pump islands, open canopies, steps,
chimneys, flag poles, ornamental features, open fire escapes, sidewalks, and fences,
except as hereinafter amended.
Exterior Merchandise
See section 135-140.
Lighting
See Section 135-040.
Driveways
A.
B.
No driveway shall be located within one hundred (100) feet of any right-
of-way line of a street intersection. Said distances shall be measured
along the property line from the comer right-of-way line.
Access drive onto county roads shall require a review by the City
Engineers.
Special Use Permits
As provided in Ordinance #39.
Refuse
A.
All premises shall be provided with, at owner's expense, an adequate
number of approved containers to hold the garbage accumulated by such
premises. Such containers shall be made of metal or other suitable
material, shall be water tight, insect and rodent proof; and shall be of a
Page 70f9
/
material not easily corrodible and equipped with suitable handles and tight
fitting covers and shall be kept covered when there is garbage stored
therein.
B. Garbage and rubbish containers shall be placed at the rear of the premises
or in such a manner as to be out of view from the street. In no event shall
container or their enclosures be placed or maintained in such a way to
unreasonably interfere with the use or enjoyment of adjoining property.
(Page 34)
C. All garbage containers shall be screened with a suitable enclosure.
D. Every garbage or rubbish container shall be maintained in as sanitary
condition as is possible and shall be thoroughly cleansed as needed. If,
upon inspection by the Administrative Authority a container is found to be
in poor repair, corroded or otherwise defective the Administrative
Authority shall notifY, in writing, the provider or user of the container of
the deficiency and shall require the repair or replacement of the container
within fifteen (15) days. All container enclosures shall also be kept in
good repair.
Loading Facilities
Loading facilities shall be in the side of rear yards. When adjacent to and/or visible from
any public street, such :fucilities must be adequately screened.
Storage
For the purpose of this zoning district, car, vans and pick-up trucks parked outside and
used by employees and/or visitors in the normal course of the business operation will not
be constructed to be outdoor storage. Further, outside parked trucks and semi-tailers used
in the normal business commerce will not be constructed to be outdoor storage;
A. Provided that the total number of trucks and semi-trailers does not exceed
the number of docks and/or bay doors, and
B. Such use is not constructed as an operation listed as a conditional use in
any industrial zone.
Permitted Uses
A. Business and professional offices.
B. Machine and repair shops.
C. Construction trade offices and yards.
D. Manufacturing, warehousing, distribution, processing, packaging,
assembly and research uses, except waste management.
E. Indoor shooting/archery range and sales.
F. Truck terminals. (SpecialUse Permit required)
Page 8 of9
J
G. Mini-Storage (Special Use Permit Required - Pa~e 35b
H. Kennels (Special Use Pennit Required - Page 35)
Special Requirements
A. 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. Adult orientated businesses are regulated separately
by City Ordinance.
2 Amended: June 27, 2001
Page 9 of9
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CITY OF CENTERVILLE
PLANNING AND ZONING COMMISSION
DECEMBER 4, 2001
Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly
scheduled meeting on December 4, 2001, at 6:30 p. m.
PRESENT:
John McLean
Ray DeVine (arrived at 7:40 p.m.)
Brian Hanson
Tom Wilharber
ABSENT:
David Kilian
COUNCIL:
Linda Broussard Vickers
STAFF:
City Administrator Kim Moore-Sykes
I. CALL TO ORDER
1. Roll Call
The meeting was called to order at 6:32 p.m.
Chairperson Hanson indicated that Rob Sheppard had submitted his letter of resignation.
Motion by Commissioner Wilharber, seconded by Commissioner McLean to accept
the resi!!:nationofRob Sheppard from the Plannin!!: Commission. AU in favor.
Motion carried unanimously.
H. PUBLIC HEARING(S)
None.
m. APPEARANCES
None.
Page 1 of9
,.
Ui
IV.
OLD BUSINESS
1. Ordinance #4 Amendments
Ms. Moore-Sykes indicated that the docrunent that states which page the changes are on
was incorrect and then indicated she had gone through the docrunent and written down
the correct pages and would indicate the page nrunber as the discussion proceeded.
Council Liaison Broussard Vickers recommended going through each change
individually to make sure the changes are correct.
Council Liaison Broussard Vickers asked why the City would want to lengthen the time a
structure is allowed to be nonconforming.
Ms. Moore-Sykes indicated that, in her experience with other cites, the time period has
been 12 months to allow tor inclement weather during the winter months.
Ms. Moore-Sykes led the Planning Commission in a review of all of the changes to
Ordinance #4.
Tracy Tratar asked ifthere was a reason the City wanted to be so restrictive on the
number of structures.
Council Liaison Broussard Vickers indicated that it was a consensus that was arrived at
after numerous public hearings.
Ms. Moore-Sykes indicated that one reason is to limit the amount of water runoffand
with the soil conditions in Centerville runoff is not easily absorbed.
Council Liaison Broussard Vickers indicated she would like to ask Mr. Palzer why he
wants to remove the rear yard setback.
Commissioner DeVine arrived at 7:40 p.m.
Mr. Tratar indicated he measured from the curb to the building for the figures provided to
the Commission.
M:r. Tratar indicated his lot is 100 x 150. He then indicated he was told he does not own
the 15-foot City right of way.
Council Liaison Broussard Vickers indicated if the City measures from the curb it does
not matter where his lot line is because the City would use the curb.
Commissioner DeVine indicated that the Ordinance indicates that the measurement is
from the lot line and, if the lot line is at the 15-toot right of way, then that is where the
measurement should stmi.
Page 2 of9
Commissioner DeVine indicated that the 35-foot setback is there for new construction.
Commissioner Wilharber questioned how many houses on comer lots in Centerville do
not have a garage. He then indicated that this situation may be easier handled under the
variance process because it is a unique situation.
Commissioner DeVine agreed that he thinks the situation is unique enough to be granted
a VarIance.
Commissioner DeVine asked if the City has an interim planner. Ms. Moore-Sykes
indicated he was an intern and said his last day is December 5, 2001.
Commissioner DeVine indicated that he would like to research the way the City is
measuring for the setbacks and asked who would do that.
Ms. Moore-Sykes indicated she would like to see the Anoka County survey maps to see
where the lot lines and easement lines for right of way are located.
Commissioner Wilharber asked for a site plan. He then inquired as to how far the house
is located from the property line to the east. Mr. Tratar indicated the house was 67 feet
from the east property line.
Ms. Moore-Sykes indicated she thought a variance would be more appropriate in this
situation to maintain the integrity of the Ordinance.
Commissioner DeVine indicated he was interested in knowing how many houses in town
on comer lots do not have garages.
NIT. T ratar indicated that with the money left over from building his garage he wants to
put a pool and fence in the backyard.
Chairperson Hanson asked if the Ordinance addresses burning garbage because he knows
SOineOile vii Center Street blli1l3 garbage.
Commissioner Wilharber suggested Chairperson Hanson rrillke a call so the Fire
Department can put a stop to the burning of garbage.
It was the consent of the Commission to research the front and rear yard issues for lots
abutting lakes before making any changes.
Ms. Moore-Sykes indicated that the City would come to a point in development where
tearing down homes and rebuilding on the lot will happen and she suggested striking out
permit applications not required for single family residential.
Page 3 of9
r
Council Liaison Broussard Vickers indicated that she did not see language for the zoning
permit that Mr. Palzer had suggested and indicated she would like to see a list added of
everything Staff can think of that should be reviewed.
2. Zoni..'1g Map Modifications
Ms. Moore-Sykes explained that the Conservation District was not intended for the
protection of waterways but was created for future recreation and parks. She then
explained that the Metropolitan Council does not recognize CI zoning but does recognize
the flood plain designation and that is what governs the development process. She
further explained that she had discovered that the C 1 zoning was done to provide a
recreation area around Clear Water Creek back in June of1991 at the request of the
resident at 1759 Main Street.
The Commission discussed the pros and cons of the conservation district and determined
that it would be appropriate to solicit input from the City Attorney and the consultant
who assisted with the changes to the Comprehensive Plan before determining how to
rezone the Cl district.
Ms. Moore-Sykes indicated that a resident had applied for a variance from Rice Creek
Watershed District to be allowed to build a four-season porch in the floodplain. She then
indicated that Rice Creek had told the resident that it would grant approval ifthe City
granted a variance and, since the resident applied tor the variance, the 60 day time limit is
running.
The Commission asked II/IS. Moore.Sykes to call the resident and ask her to waive the 60-
day requirements because the City needs to research whether or not a variance from the
City is required.
V. NEW BUSINESS
I. Consideration of Cablecasting Meeting~
/.,.iter Ji;:;c-:.;.;}sL.*:g th~ mut~~:~ it ~.v:::.~ deterr:-..rrled th~t the CC~ill.'llS~i~il did. r.at feel it ?/~s
necessary to cablecast its meetings.
2. Extension Requests - Non-compliant Sheds
lVIr. Michaels addressed the Commission and explained that he had been doing extensive
remodeling on his house because it was purchased as a HOD home and needed repair.
He then L'1dicated that the roof of the shed was not in very good condition and last winter
a heavy load of snow slid onto it from the house and collapsed the shed.
IIJir. Michaels indicated he had come to City Hall to ask several questions concerning the
work he was doing and specifically asked whether he needed a permit to rebuild the shed.
Page 4 of9
r
He then indicated that, after asking the size ofthe shed, the City Clerk had told him that
he did not need a permit.
Mr. lVlichaels indicated that he rebuilt the shed on the existing concrete pad and said the
shed is anchored to that pad. He then asked the Commission for either permission to
leave the shed where it is or for an extension to next year, after the ground has dried out,
to move the shed because he did some grading in his yard and installed new sod and a
sprinkler system.
Commissioner Wilharber asked how much it cost to rebuild the shed.
M..r. Michaels indicated that it had cost between $1,200 and $1,300 to have Minnesota
Quality Shed build the shed.
Commissioner Wilharber asked if it was possible to move the shed.
Mr. Michaels indicated he was not sure and explained that after the shed was built he had
sealed it.
Chairperson Hanson asked uthe shed was anchored to the concrete.
lvIr. Michaels indicated the shed was built professionally and was anchored to the
concrete.
Chairperson Hanson noted that lVlr. Michaels had said he carne to the City and spoke to
someone concerning the shed. He then asked when Mr. Michaels had come to the City.
Mr. Michaels explained he had come to the front desk to obtain information about
building a deck and for information on a permit for siding and windows. He noted that
the person at the front desk had told him to have his contractor come and get the permit
and then gave him information about decks. He then indicated that he discussed the shed
with this person who told him that, based on the size of the shed, a permit would not be
necessary.
Ms. Moore-Sykes asked whether Mr. Michaels had a site plan with him at the time he
inquired about the permit for the shed. Mr. Michaels indicated he did not. Ms. Moore-
Sykes indicated that a site plan may have shown that there was a problem with the
location of the shed.
Mr. Michaels commented that he was surprised that a professional contractor did not
know the shed was too close to the house.
Chairperson Hanson explained that because the structure was non-conforming and was
torn down, not just modified, the City requires that the new structure conform to the
Code.
Page 5 of9
r
Commissioner McLean asked what type of material the shed was built out of. Mr.
Michaels indicated that the shed was built out of treated lumber.
Chairperson Hanson asked if the shed could be moved or if the structure would have to
be demolished and rebuilt.
Mr. Michaels indicated he did not know but said he hoped the anchors could be detached
and the structure lifted off the concrete and moved to another location. He then indicated
that ifhe was granted the extension he would have time to research how to move the
shed.
Commissioner Wilharber indicated that the Commission could either grant an abstention
or possibly a variance to allow the shed to remain where it is.
Ms. Moore-Sykes indicated that it might be possible to issue a conditional use permit and
allow the shed to stay in its location provided modifications could be made to comply
with the fire code.
Commissioner McLean indicated he did not think Mr. Michaels would be able to meet
the hardship requirements for granting a variance.
Chairperson Hanson asked if Mr. Michaels could attach the shed to the house. Council
Liaison Broussard Vickers indicated that the shed would need to have a foundation if it
were attached to the house.
Ms. Moore-Sykes indicated she would like to research the possibility of using a
conditional use permit. She then explained that, with the conditional use permit, Mr.
~.1ichaels would be allowed to leave the shed where it is provided certain conditions are
met.
Chairperson Hanson suggested setting a date lor moving the shed in the event that it is
not possible to use a conditional use permit to allow the shed to remain in its current
location.
Mr. Michaels indicated that he understood that the problem was with the state fire code
and thanked the Commission for its consideration.
Chairperson Hanson recommended that tv1r. Michaels obtain a copy of Ordinance #4 for
further information.
Ms. Moore-Sykes asked Mr. Michaels to look into how the shed could be moved and the
costs to do so while she researched the conditionai use permit. She then indicated that
they should meet to discuss the matter at a later date.
Page 6 0[9
,
Motion by Commissioner McLean. seconded bv Commissioner Wilbarber to
recommend to Council an extensioll to July 1. 2002 to move the shed. All in favor.
Motioll carried unanimouslv.
Commissioner Wilharber explained that Bill Michaels used to be a Circle Pines
Lexington Police Officer and Leanne Huhl is Gene Huhl's daughter. He then indicated
that Mr. Michaels was a dare officer and when the kids found out he was leaving the
program they were crying because he had made such an impression on them through the
dare program. He further indicated that Mr. Michaels is now an Anoka City Police
Officer and is the nicest guy to get along with.
Commissioner Wilharber indicated that Mr. March had applied for a permit to build an
addition and was told his shed was too close to the house.
Council Liaison Broussard Vickers indicated that, if the shed was not newly
reconstructed it would be grandfathered in. She then asked if there would have been a
site plan provided when the building permit fur the addition was requested.
Commissioner Wilharber indicated the new zoning permit fee proposed by Mr. Pa!zer
would help with these types of issues.
Motion bv CommillSioner Wilharber., seconded bv Commissioner McLean to
recommend to COli/licil IIn extension to July 1. 2002 to move the shed. Ail in favor.
Motion canned unanimously.
Council Liaison Broussard Vickers commented that the City should not have given a
permit that would allow something to become nonconforming.
Mr. March indicated he would take the extension to move the shed but said his real
interest is seeing if the Commission has any desire to change the Ordinance. He then
explained that when he received the notice on his shed that has been in the same location
since j 995 he spoke to the building official in the community that he works in and was
told that if a one hour fire wall was installed the structure could be located one foot from
the principal structure.
i\iir. March indicated that he wants to side his shed so it matches the house. He indicated
that the shed has significant landscaping around it and suggested he would upgrade his
shed to be allowed to have it closer to the house than currently allowed. He also
indicated that there are a number of sheds in the community that are in a similar situation
but stated some may not be able to be upgraded to meet the fire code requirements.
Chairperson Hanson indicated that the COl.llIPission had just discussed allowing another
resident to keep his shed in its current location through a conditional use permit which
would involve the use of a fire wall.
Page 70f9
r
/
l\1r. J\;Iarch indicated he did not think upgrading the shed to provide for the one hour fire
protection would work in all situations. He then indicated that the way his house is built
there is a nook behind the garage and the main part of the house where the shed is
located. He further indicated that, ifhe is required to move the shed, it would be moved
to the farthest back comer of his lot and his neighbors would have to look at it.
Council Liaison Broussard Vickers indicated that the City has allowed zero clearance in
the past as long as the structure complied with the fire code.
Ms. Moore-Sykes indicated that using a conditional use permit rather than changing the
Ordinance would allow the City to retain control over the other sheds in town.
Commissioner Wilharber questioned whether, after receiving his letter of noncompliance,
Mr. March had taken a look to see if there are other noncomplying sheds in town.
Mr. March indicated he had not driven through the south portion ofthe community but
stated there are other noncompliant sheds in his area.
Commissioner McLean questioned whether the shed was nonconforming all along.
Mr. March indicated his shed has been nonconforming since the home was built.
Council Liaison Broussard Vickers indicated that the resident is not required to bring the
shed into compliance unless it bums down or falls down.
lY1r. March asked the City to look into the matter and notifY him by letter as to whether
the shed needs to be moved.
Council Member Broussard Vickers indicated she did not understand where the address
list containing properties with nonconforming structures originated and who issued the
letters. She then indicated that the structure is nonconforming and, since nothing has
changed, it is grandfathered in.
Ms. Moore-Sykes indicated she would look into the marteL
Vi. mSCUSSION ITEMS
Ms. Moore-Sykes indicated that the first Tuesday in January was January 1, 2002. She
then asked when the Commission wished to hold its January meeting.
Discussion ensued and the Commission asked Ms. Moore-Sykes to find out ifMr. Palzer
is available on January 8, 2002 or if the meeting needs to be held on Januarj 3, 2002 and
report back to the Commission.
Page g cf9
~
VII. CONSIDERATION OF MINUTES
1. November 6, 2001 Meeting Minutes
Chairperson Hanson requested the following change: On Page 6, delete the words "if
any."
Motion by Commissio.ner DeVine, seconded by Commissio.ner Wilharber to. approve
the November 6,2001 Meetio2 Minutes as amended. All in favo.r. Mo.tio.n carried
unanimo.usly.
VIn. AD.JOURNMENT
Motion by Commissioner Wilh3lrber, seconded bv Commissioner DeVine to adiourn
the December 4, 2001 Plannilll:! Commissio.n Meetin1l at 9:151\l.m. All in favor.
Mo.tio.n carried unanimously.
Transcdbed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial. Inc.
Page 9 of9
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3585 N. LEXINGTON AVEHUE, SUITE 330
ARDEN HillS, MINNESOTA 55126-3056
PHONE 651-766-4'191 . FAX 65'[-766-4196
www.mnwaters e
BOJrd of i\;1a.nag2Jk ,
Regular Mee~ings;'
2nd and 4th Wednesdays
at Shoreview City Hall
BONITA TORPEj Admin. Assist.
'D ," ,'I"J ',\'1",. '\'1"i:~ '~ "..;Ii!
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December 27, 2001
Kim Moufe-Sykes, City Administrator
1880 Main Street
Cer1terville Mi\! 55038
Subj: Spivak residence variance RCWD permit #01-116
7050 Eagle Trail, Centerville, MN
Dear Ms. Moore-Sykes,
Rice Creek Watershed District (RCWD) Board of Managers signed a Findings
and Order in the matter of application for variance of Thomas and Bonnie Spivak
at their regular Board meeting last night, December 26,2001, EnclOSed is a
signed copy of that document for your files.
I have notified the Spivaks that RCWD has granted the variance and will issue
an amended permit that will be faxed to Centerville. Please feel free to call me if
you have further questions or concerns, 651-766-4'192.
Sincerely,
"-~:f-iil).\)~) A"{
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J9pell Mlersch
Program Coordinator
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C: Correspondence file
RCWD # 01-116
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STATE OF lVIlNNESOTA
RlCE CREEK WATERSHED DISTRlCT
BOARD OF .M.ANAGERS
RlCE CREEK WATERSHED DISTRlCT
IN THE COUNTIES OF ANOKi\.,
HENNEPIN, RAMSEY AND
WASHINGTON
FINDINGS AND ORDER
In the Matter of Application
for Variance of Thomas and Bonnie Spivak
Based upon the record and proceedings in this matter the Rice Creek Watershed District
Board of Managers makes the following:
FINDINGS
1. Thomas and Bonnie Spivalc (Applicants) own a single family residence Oh Lot 14,
Block 1 of the Eagle Pass development in CenterviIJe, Minnesota. Applicants propose to
construct an addition to their single family residence which would include a 280 SF sunroom and
112 SF deck. The proposed addition would be built on stilts off the northeast comer of the
dwelling.
2. The proposed project would encroach approximately 20 teet into the I OO,toot from:
centerlineof Clearwater Creek easement corridor; such drainage and utility easements on the lot
were earlier conveyed to the City of CenterviIJe under RCWD Permit 96,104.
3. The District Rules require a I OO,loot easement or set,back from the centerline of
Clearwater Creek.
4. Applicants now request a variance from the District's 100,foot easement set,back
requirement to construct the proposed addition approximately 20 teet within the 100,foot
Clearwater Creek easement corridor.
5. District Engineers have advised that rate control and water quality treatment regarding
the proposed project will not be an issue since limited new impervious area is being created ,md
runoff will remain as overland now to Clearwater Creek. First noor freeboard requirements are
also not an issue since the proposed addition is raised to the second noor on stilts. Finally, the
District wOllld have adequate access for ditch maintenance of Clearwater Creek with the
proposed 20-foot easement encroachment.
6. In order to grant a variance the District Board of Managers must determine the
standards in its variance policy have been met.
/'
7. Standard:
Special conditions apply to the structure or land under consideration
that do not apply generally to other land or structures in the District.
Applicants' 20-foot encroachment within the 1 DO-foot easement is negligible and would
have no adverse tloodplain impact, the proposed addition being constructed on stilts. The
activities as proposed would have no wetland impact that must .be replaced under WCA
Adequate access exists for ditch maintenance of Clearwater Creek. The proposed improvement
will not adversely affect public safety, or adversely affect water quality or drainage in the
District.
8. Scandard:
Because of the unique conditions of the property involved, undue hardship
to the applicant would result, as distinguished from mere inconvenience,
if the strict letter of the rules was carried out.
Applicants' property conditions are unique in that encroachment within the easement is
negligible, having no adverse floodplain impact, ,md would still allow the District adequate
access for ditch maintenance. The proposed improvement would not adversely affect the public
welfare or water quality or drainage in the District, and to prevent its construction in this
situation would cause Applicants undue hardship in the reasonable use of their land.
9. Standard:
The proposed '-lctivity for which the variance is sought will not adversely
affect the public health, safety, welfare, will not create extraordinary public
expense, will not adversely affect water quality, water control, or drainage
in the District.
There is no evidence that there wiii be ,my adverse effect related to the above factors.
fU\~rS(; t100dplain impact is not an issue; the proposed addition is raised to the second noor on
stilts. There would be no replacement wetland impacts under We1-\. Rate control and water
quality treatment is not an issue since limited new impervious area is being created and runoH
will remain as overland now to Clearwater Creek. The District will still have adequate access to
maintain Clearwater Creek.
10. Standard:
The intent of [he District's rules is met
2
"
See paragraph 9 above.
CONCLUSIONS
Strict enforcement of the District's I DO-foot easement set-back requirement from the
centerline of Clearwater Creek for Applicants' proposed sunroom and deck addition would cause
undue hardship to Applicants. The variance will be in keeping with the spirit and intent of the
District's rules.
Based upon the above the application for a variance is granted.
IT IS SO ORDERED.
Dated: /9--/,7Z. G / I!) I
I /
RICE CREEK WATERSHED DISTRlCT
BOARD OF NIAt'JAGERS
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MEETING AGENDA j \
TUESDAY, JANUARY 8, 2002 I ,,) ~~
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CALL TO ORDER r {lJoi>\ \ Ocv.'"
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1. Roll Call if l7 ,'aV 1 ~ f1
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I,PUBI;IC HEARING (S)., .~~ c. (I>j <- 3 J}S[L..' t' ~. () 'f-li J,d'
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III. APPEARANCES ,,(',~\t. D 0 ,\-~~ &t~~\' ' f~~a G~I\1-l~ . S~k :
IV. OLD BUSINESS /" \ ~ . V' ~ . ~ r::;-.. P=- I
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1. Ordinance #4 ~endments f--1qp DmH c. f'\. '1 s l'Dr-M.(;.l,,,~ (, capM<- 1fl1D~ I
2, Zoning Map Modifications - ~ /?l, Cf., , ,/\
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NEW BUSINESS
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Consideration oiMs, Mary Jo Hehnbrecht's Letter ofInterest in Serving on the
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DISCUSSION ITEMS
1.
VII. CONSIDERATION OF MINUTES
VIII.
1.
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