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HomeMy WebLinkAbout1990-04-03 Minutes Pursuant to clue call and notice thereof the Planning and Zoning Commission of the City of Centerville held their regular meeting • Tuesday, April 3, 1990 at City Hall. Chairman Tourville called the meeting to order at 7:10 p.m. Present: Welk, Vermeulen, • Wilharber, Liaison Neumann. Absent: Drilling. Motion by Vermeulen, second by Welk to approve the March 8, 1990 meeting minutes, aye - Welk, Vermeulen, Tourville; Abstain: Wilharber, motion carried. OLD B SIN SS: POSSTBTLTTY OF AMENDING ORDINANCE #4 ARTICTE 4 NON CC USES AND STRUCTURES. Chairman Tourville questioned the legalities of Section 45.04 AMORTIZATION PERIOD FOR BUILDINGS as to whether or not it could be enforced. Commission member Welk noted that it seems to imply tearing down of a non- conforming structure. Chairman Tourville expressed that, in his opinion, unless the non - conforming structure was a health hazard, and that the structure would be on private property, the burden of proof would be on the City as to why the non - conforming structure should be to be removed. Commission member Welk also noted that the age of a building has nothing to do with whether or not it could be a health hazard. Chairman Tourville noted that the moving of a Contractor's Yard from commercial to industrial created non- conforming uses. Commission member Welk noted that a special use permit would be needed to add on to a non- conforming structure. Chairman Tourville questioned on how to deal with a use that the community deems permissible from a common sense point, but the Ordinance does not permit that use. Commission member Welk felt that the Ordinance gives the City more control. She also questioned as to what kind of justification would be given to the people permitted under a special use permit versus the people who are denied a special use permit for a non- conforming use. Chairman Tourville and Commission member Welk felt it may be unfair to people who were conforming before an amendment to the Ordinance, if they should want to expand they would not be permitted. Chairman Tourville felt that exceptions need to be allowed, citing Eagle Trucking as an example. 1 P &Z Meeting Minutes April 3, 1990 Page Two Commission member Wilharber felt that unless something is wrong with the present Ordinance why try to fix it. It appeared to be the general consensus of the Planning and Zoning Commission that they would like to see how other cities handle non- conforming uses. Motion by Welk, second by Vermeulen to request city staff to obtain non- conforming use standards, to include Lino Lakes and Hugo for the Planning and Zoning Commission to compare at their next meeting, motion carried unanimously. POSSIBILITY OF AMENDING ORDINANCE #8. SECTION 43, 44. AND 45_ The Planning and Zoning Commission was asked to table this item until John Stewart "s, City Engineer, comments were available. NEW BUSINESS: ORDINANCE #8, SECTION 38.04 STDEWAUS Orville Hughes, Public Works Director, asked city staff to bring to the attention of the Planning and Zoning Commission that Ordinance #8, Section 38.04 states that paved sidewalks are to be four (4) feet wide. The City Council appeared to want the sidewalks to be five (5) feet wide. Chairman Tourville asked if the Ordinance should be amended to add the word "minimum of four (4) feet wide ". Commission member Wilharber asked who would bear the replacement cost, the City or the home owner? He also pointed out that this would be a 20% increase. Liaison Neumann stated that a developer could hold you to the Ordinance, which only requires a four foot sidewalk. Commission member Welk questioned why the City Council felt the need for a five foot sidewalk. If the extra foot was to create a biking /walking path, she does not agree with this. The Planning and Zoning Commission would like to bring to attention of the City Council their questions as to need for a five foot sidewalk. ORDINANCE #5, SECTION 38.09 Orville Hughes, Public Works Director, asked city staff to bring to the attention of the Planning and Zoning Commission that the Ordinance #8, Section 38.09 states that the tree should be P &Z r P &Z Meeting Minutes April 3, 1990 Page Three planted in the front yard. The City Council appeared to be discussing the planting of trees on the boulevard. It appeared to be the general consensus of the Planning and Zoning Commission that the wording in the ordinance stating that the location and types of trees must meet the approval of the City Council. The City Council approval would allow for the planting of trees in the boulevard. CITY NEWSLETTER The Planning and Zoning Commission had no comments at this time. KENNELS Orville Hughes, Public Works Director, asked that the Planning and Zoning Commission discuss the City's handling of the issuing of kennel licenses. Mr. Hughes felt that a kennel license could only be issued to some one living in an F -1 Rural Residential through a special use permit. It appeared to be the general consensus of the Planning and Zoning Commission that the intent of Ordinance 44, Table B, Item Six is the definition of a business, not for a person who applies for a kennel license for his own dogs. It also appeared to be the general consensus of the Planning and Zoning Commission that if there is a problem with the issuing of a kennel license, which would fall under the jurisdiction of Ordinance 424, it should be addressed at the City Council level. GOVERNMENT TRAIRNC_WORKSHOP Chairman Tourville brought to the attention of the Planning and Zoning Commission that the Planning Institute would be having a workshop on April 28, 1990 in Brooklyn Park. The cost would be $50.00 per person and in his opinion would be informative for the Commission members to attend. Chairman Tourville noted that he will try to attend. ADJOURN Motion by Wilharber, second by Vermeulen to adjourn the meeting, motion carried unanimously. Meeting adjourned 8:50 p.m. Respectful y sibmitted, Sanna E. Buckbee Assistant City Clerk