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HomeMy WebLinkAbout1994-07-05 - P & Z Agenda Packet PLANNING AND ZONING COMMISSION AGENDA CALL TO ORDER REGULAR MEETING APPROVAL OF MINUTES: Approval of June 7, 1994 meeting minutes. OLD BUSINESS: 1. Update Comprehensive Plan /MUSA Extension. 2. 1995 Budget. 3. AMY other Old Business? NEW BUSINESS: 1. Request for Variance - Lot 1, Block 6 Village of Centerville. 2. Request for Variance - 7236 Clear Ridge. 3. Request for Variance - 1594 Peltier Lake Drive. 4. City Survey Results. 5. Any other New Business? ADJOURN. PLANNING AND ZONING COMMISSION AGENDA TUESDAY, JULY 5, 1994 - 7:00 P.M. 7:00 PUBLIC HEARING - The purpose of the hearing will be to hear all persons present regarding a request for variance from Ordinance #4, TABLE B- SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Front yard setback.. A twenty -five (25) foot variance is requested from the front yard setbacks. This would result in a ten (10) foot front yard setback abutting Progress Road and Heritage Street. The purpose of the request for variance is to construct a single family home a 50 x 150 corner parcel. The property is legally described as Lot 1, Block 6, Village of Centerville. 7:05 PUBLIC HEARING - The purpose of the hearing will be to hear all persons present regarding a request for variance from Ordinance #4, TABLE B- SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Side yard setback. The variance requested is to construct a deck into the side yard setbacks as follows: 4.5 feet on the northwest corner and 3 feet on the northeast corner. The property is legally described as Lot 25, Block 1, L'Allier Estates II and commonly known as 7236 Clear Ridge. 7:10 PUBLIC HEARING - The purpose of the hearing will be to hear all persons present regarding a request for variance from Ordinance #4, TABLE B- SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Rear and /or Side yard setbacks. The variance requested is to construct a deck into the rear and /or side yard setbacks of an odd or irregular shaped lot as follows: 7.5 feet from the west property line (a side yard variance of 2.5 feet) and a 20 foot variance from the rear property line at the full width of the lot and lying between the rear line of the lot and the nearest lire of the principal building. The property is legally described as follows: Lot 1. Block 1 Burque Addition #1 and commonly known as 1594 Peltier Lake Drive. CONTINUED ON BACK SIDE PLANNING AND ZONING COMMISSION AGENDA TUESDAY, JULY 5, 1994 - 7:00 P.M. 7:00 PUBLIC HEARING - The purpose of the hearing will be to hear all persons present regarding EL request for variance from Ordinance #4, TABLE B- SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Front yard sE!tback.. A twenty -five (25) foot variance is requested from the front yard setbacks. This would result in a ten (10) foot front yard setback abutting Progress Road and Her?tage Street. The purpose of the request for variance is to construct a single family home a 50 x 150 corner parcel. The property is legally described as Lot 1, Block 6, Village of Centerville. 7:05 PUBLIC HEARING - The purpose of the hearing will be to hear all persons present regarding a request for variance from Ordinance #4, TABLE B- SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Side yard setback. The variance requested is to construct a deck into the side yard setbacks as follows: 4.5 feet on the northwest corner and 3 feet on the northeast corner. The property is legally described as Lot 25, Block 1, L'Allier Estates II and commonly known as 7236 Clear Ridge. 7:10 PUBLIC HEARING - The purpose of the hearing wi be to hear all persons present regarding a request for variance from Ordinance #4. TABLE B- SCHEDULE OF DISTRICT REGULATIONS - LOT AND YARD REQUIREMENTS - Rear and /or Side yard setbacks. The variance requested is to construct a deck into the rear and /or side yard setbacks of an odd or irregular shaped lot as follows: 7.5 feet from the west property line (a side yard variance of 2.5 feet) and a 20 moot variance from the rear property line at the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The property is legally described as follows: Lot 1, Block 1 Burque Addition #1 and commonly known as 1594 Peltier Lake Drive. CONTINUED ON BACK SIDE I r P &Z ANNOTATIONS 7 -5 -94 1. Please review a copy of a memorandum from a seminar I attend at the League of Minnesota Cities Conference regarding piratical advice for conducting public hearings. I thought it may be of interest to you. 2. I'm trying something new - Request for Variance Report. Please comment if you like the format, do you want to continue to utilize the format, any additions that you would like to see, etc. 3. I did not put together comments so far regarding Ordinance #4. I will have put together for August meeting. 4. I asked Mavis Solheid, Deputy Clerk, to put: together a financial statement. I should have it available for review at the meeting. 5. Also enclosed FYI is Community Planning Process material from a seminar I attend at the LMC Conference. i II I III P &7 ANNOTATIONS 7 -5 -94 1. Please review a copy of a memorandum from a seminar I attend at the League of Minnesota Cities Conference regarding piratical advice for conducting public hearings. I thought it may be of interest to you. 2. I'm trying something new - Request for Variance Report. Please comment if you like the format, do you want to continue to utilize the format, any additions that you would like to see, etc. 3. I did not put together comments so far regarding Ordinance #4. I will have put together for August meeting. 4. I asked Mavis Solheid, Deputy Clerk, to put together a financial statement. I should have it available for review at the meeting. 5. Also enclosed FYI is Community Planning Process material from a seminar I attend at the LMC Conference. ARTICLE 7 - DEFINITIONS 71.01 DEFINITIONS. For the purpose of this ordinance the terms defined in this article have the meanings given them: 72.01 -1 ABUTTING. Making contact with or separated only by public thorough -fare, railroad, public utility right -of -way or navigable waters. 71.02 ACCESSORY USE OR STRUCTURE - A use or structure on the same lot with, and incidental and subo- dinate to, the principal use of structure. 71.02 ACCESSORY USE OR STRUCTURE - A subordina-:;e building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. 71.02 -1 ADDITION. A physical enlargement o an existing structure. 71.02 -2 AGRICULTURE USES. Those uses commonly associated with the growing of produce on farms. These include: field crop farming: pasture for hay: fruit growing; tree, plant, shrub or flower nursery without b truck gardening: roadside stand for sale in season of products grown on premises: and livestock raising and feeding, but not including fur farms, co animal feed lots and kennels. 71.03 ANIMAL CLINIC - Any establishment where animals are treated and or hospitalized by veterinar 71.04 ANIMAL KENNEL - An establishment where three or more animals are bred for sale, boarded or trained. 71.04 -1 APPEAL - A proceeding by which a cause is brought from an inferior to a superior authority for review or re- examination and possible modification or reversal. 71.05 AUTOMOBILE REPAIR - MAJOR. General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair: overall painting or paint Job, vehicle steam cleaning. 71.05 -1 AUTOMOBILE REPAIR - MINOR. Minor repairs, incidental body and fender work, painting and upholstering, replacement of parts and motor service to passenger auto and trucks not exceeding twelve thousand (12,000) pounds gross weight, but not including any operation specified under "Automobile Repair - MaJor ". 71.05 -2 AUTOMOBILE WRECKING OR JUNK YARD. Any place where two (2) or ore vehicles not�n running condition and /or not licensed, or parts thereof, are stored in the open and are not being restored to operation or any land, building or structure used for wrecking or storing of such motor vehicles or parts thereof; and including any commercial salvaging and scavenging of any other goods, articles or merchandise. DELETE 71.05 AGRICULTURE - Cultivating the soil, producing crops and raising livestock. 71.06 BASEMENT - A story having more than 50 percent of its clear height below finished grade. 71.07 BLOCK - A tract of land bounded by streets, or a combination of streets, parks, cemeteries, railroad rights -of -way, shore lines, waterways or corporate boundary lines of the City. 71.08 BUILDABLE AREA - The space remaining on a zoning lot after minimum yard and open space requirements have been met. 71.09 BUSINESS AREA - Any business activity which renders service to other commercial or industrial enterprises. 71.09 -1 CHURCH - A building, together with its accessory buildings and uses, where persons reg assemble for religious worship and which is maintained and controlled by a religious body organi: :ed to sustain public worship. 71.10 CLINIC - Any establishment where human patients are examined and treated by doctors or dentists but not hospitalized overnight. 71.11 CLUB - Any establishment operated for social, recreational, or educational purposes but, open only to members and not the general public. 71.11 -1 COLLECTOR STREETS - Roadways which are designed to perform the function of collecting traffic from local streets and distributing it to thoroughfares and arterials. Collector streets are idertified on the City's Comprehensive Plan. 71.11 -1 COMMON OPEN SPACE Land water or a combination of land and water within a planned unit development which is designed and intended for the use and enJoyment of residents of the development. Common open space includes all land within a development, except for individual building lots and land accepted for public dedication. 71.11 -1 COMPREHENSIVE PLAN. The group of maps, charts and texts that make up the comprehensive long range plan of the City. 71.11 -2 COMMERCIAL RECREATION. Bowling alley, cart track, .lump center> golf, pool hall, vehicle racing or amusement, dance" hall, skating, trampoline, tavern, theatre, indoor firearms range, boat rental, amusement rides, campgrounds, park and similar uses. 71.12 CONDITIONAL USE. A use, which because of special problems of control the use presents, requires reasonable, but special, unusual and extraordinary limitations peculiar to the use for the protection of the public welfare and the integrity of the City Comprehensive Plan. DELETE 71.12 CONDITIONAL USE - A use, which because of special problems of control requires reasonable limitations peculiar to the use for the protection of the public welfare and the integrity of the comprehensive plan. 71.13 CONDITIONAL USE PERMIT - A permit, issued by the council in accordance with procedures specified in this ordinance as a flexibility device to enable the council to assign dimensions to a proposed use or conditions surrounding it after consideration of adjacent uses and their functions and the special problems which the proposed use permit. 71.13 -1 CONTRACTOR'S YARD - An area where vehicles, equipment and /or construction materials and supplies commonly used by building, excavation, roadway construction and similar contractors are stored or serviced. The contractor's yard includes both areas of outdoor storage and areas confined within a completely enclosed building used in con.iunction with a contractor's business. *1 71.13 -2 CONVENIENCE STORE, MOTOR FUEL STATION - A motor fuel station that offers for sale a limited amount of food and household products, which are in addition to those typically supplied at a motor fuel statio 71.14 COVERAGE - That portion of a lot covered by principal and accessory use structures. 71.15 DAY CARE CENTER - A service provided to the public, in which six or more children of school or pre- school age are cared for during established business: hours, where no overnight facilities are provided. 71.15 -1 DENSITY, GROSS - The quotient of the total number of dwelling units divided by the dross site area. 71.15 -2 DENSITY, NET - An intensity measure expressed s the number of units per net buildable site area. It is the density on the buildable portion of a site. 71.15 -3 DEVELOPER - The legal or beneficial owners(s) of a lot or parcel of any land proposed for inclusion in a development, including the holder of an option or contract to purchase. 71.15 -4 DEVELOPMENT - The construction, installation or alteration of any structure, the extraction, clearing or other alteration of terrestrial or aquatic vegetation, land or the course current or cross section of any water body or watercourse or t'�e division of land into two (2) or more parcels. 71.15 -1 DISTRICT. A section or sections of the City for which the regulations and provisions governing the use of buildings and land are uniform for each class of use permitted therein. 71.16 DRIVE -IN ESTABLISHMENT - An establishment which accommodates the patron's automobile from which the occupants may receive a service or in which products purchased from the establishment may be consumed or business conducted in the automobile. 71.17 DWELLING, ONE FAMILY - A building used exclusively for occupancy by one family. 71.18 DWELLING, TWO FAMILY - A building used Exclusively for occupancy by two families living independently of each other. 71.19 DWELLING, MULTIPLE - A building or portion thereof used for occupancy by three or more families living independently of each other. DELETE 71.20 DWELLING UNIT - A dwelling or portion of a dwelling or of an apartment hotel used by one family for cooking, living and sleeping. 71.20 DWELLING UNIT - A residential building or portion thereof intended for occupancy by one (1) family but not including hotels, motels, nursing homes, seasonal cabins, boarding or rooming houses, tourist homes or trailers. 71.20 -1 EASEMENT - Authorization by a property owner of the use by another and for a specified purpose of any designated part of his property. 71.21 -1 EXTERIOR STORAGE. The storage of goods, materials, equipment, manufactured products and similar items not fully enclosed by a building. 71.21 FAMILY - One or more persons occupying a premises and living as a single, non - profit housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house. A family includes necessary servants. 71.21 -1 FENCE - A fence is defined for the purpose of this Ordinance as any partition, structura, wall or gate erected as a dividing mark, barrier or eiclosure. 71.22 FLOOR AREA - The sum of the gross horizontal areas of the several floors of a building or buildings measured from the exterior faces of exterior walls or from the center line of party walls. 71.23 FLOOR AREA RATIO - The total floor area on a zoning lot divided by the total site area of the lot or parcel being developed. * Amended 6/11/86 71.23 -1 GARAGE - PRIVATE. An accessory building or accessory portion of the principal building which - s intended for an used to store the private passengEr vehicles and trucks not exceeding twelve thousand (12,000) lbs. gross weight. of the family or families, resident upon the premises, and in which no business service or industry is carried on. 71.23 -2 GARAGE - PUBLIC. A building or portion of a building, except any herein defined as a private Garage or as a repair garage, used for the storage of motor vehicles, or where any such vehicles are kept for remuneration or hire and in which any sale of gasoline, oil and accessories is only incidental to the principal use. 71.23 -3 GRADE. (AdJacent Ground Elevation). The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than (5) feet from the building, between the building and a line five (5) feet from the building. 71.23 -4 GRADING - Changing the natural or existing topography of land. 71.24 HEIGHT OF BUILDING - The vertical distance from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip and gambrel roofs. 71.24 -1 HOME OCCUPATION - Any occupation engaged in only by the dwelling's occupants entirely within the principal structure, with no evidence of the occupation visible form the street, except signs permitted in "R" districts. There shall be no stock in trade stored on the premises or over - the - counter retail sales. Entrance to the home occupation shall be gained from within the structure. A professional person may use his residence for consultation, emergency treatment or performance of religious rites, but not for the general practice of his profession when such general practice will involve the need for more than three (3) parking spaces for the occupant and visitors. No accessory building including garages may be used for such home occupation. Home occupations include professional offices, minor repair services excluding auto repair which is not allowed photo or art studio, dress making, teaching limited to three (3) :students at any one time, day care nursery limited to ten (10) children at one time as licensed by the County and similar uses; a home occupation shall not include b or barber shops, tourist homes, restaurants or similar uses. 71.25 HOTEL - A building occupied as the more or less temporary abiding place of individuals who are lodged with or without meals for compensation and in which there are more than ten (10) sleeping rooms usually occupied singly, and in which no provision is made for cooking in any individual apartment. DELETE 71.26 HOME OCCUPATION - A lawful occupation customarily carried on by a resident of a dwelling as an accessory use within the same dwelling. 71.26 -1 IMPERVIOUS SURFACE. An article or natural surface through which water air or roots cannot penetrate. 71.27 JUNK YARD - An open area where waste, used, or second hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including but not limited to, scrap iron and other metals, paper, rags, rubber, tires and bottles. A ,funk yard includes an auto wrecking yard, but does not include uses established entirely within closed buildings. DELETE 71.27 JUNK YARD - Land or structures used for the storage or keeping of junk, including scrap metals, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, other than the storage of materials which is incidental or accessory to any business or industrial use on the same lot. 71.28 LIGHT MANUFACTURING - The processing and fabrication of certain materials and products where no process involved will produce noise, vibrations, air pollution, fire hazard or noxious emission which will disturb or endanger neighboring properties. 71.29 LOT - A single parcel of land (located within a block if in a platted area) which, at time of application for a permit for a building on the land, is designated by its owner or developer as a parcel to be used, developed or built upon as a unit under single ownership or control. A lot may or may not coincide with a lot of record. 71.30 LOT, INTERIOR - A lot other than a corner lot. 71.31 LOT, CORNER - A lot situated at the intersection of two or more streets, or bounded on two or more adjacent sides by street lines. 71.31 -1 LOT, LINE - The property line bounding a lot except that where any portion of a lot extends into the public right of way or a proposed public right of way, the line of such public right of way shall be the lot line for applying this title. 71.31 -2 LOT LINE FRONT - That boundary of a lot which abuts an existing or dedicated public street, and in the case of a corner lot, the lot line with the shortest dimension on a public street, except that a corner lot in a nonresidential area shall b deemed to have frontage on both streets. 71.31 -3 LOT LINE, REAR - That boundary of a lot which is opposite the front lot line. If the rear lot line is less than ten feet (10') in length, or if the lot forms a point at the rear, the rear lot line shall be a line ten feet (10') in length within the lot, parallel to, and at the maximum distance from the front lot line. 71.31 -4 LOT LINE, SIDE - Any boundary of a lot which is not a front line or a rear lot line. 71.32 LOT OF RECORD - Any validly recorded lot; which at the time of its recordation complied with all applicable laws, ordinances and regulations. DELETE 71.32 LOT OF RECORD - Any lot which individually or as a part of a subdivision has been recorded in the Office of the Register of Deeds of the County. 71.33 LOT, DEPTH OF - A mean horizontal distance between the front and rear lot lines. 71.34 LOT, MINIMUM AREA OF - The measurements of a lot computed exclusive of any portion of the right. -of -way of any public thoroughfare. 71.35 LOT, WIDTH OF - The horizontal distance between side lot lines measured at the building setback line.* 71.35 MAJOR RECREATIONAL EQUIPMENT - MaJor recreational equipment included boats and boat trailers, travel trailers, converted buses, motorized dwellings, race cars, dune buggies, cars licensed as pioneer or classic vehicles, pickup campers or coaches, (designed to be mounted on automotive vehicles) and the like. 71.36 MANUFACTURED HOME - A manufactured home means a structure, transportable in one or more sections, which in the traveling mode, is eight body feet or more in width, or forty body feet or more in length or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; except that the term includes any structure which meets all the requirements and with respect to which the manufacturer voluntarily files a certificate required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under Minnesota Statute 327 including the Manufactured Home Building Code adopted therein. 71.36 -1 MEDICAL AND DENTAL CLINIC - A structure intended for providing medical and dental examinations and service available to the public. This service is provided without overnight care available. 71.36 -2 METES AND BOUNDS DESCRIPTION - A description of real property which is not described by reference to a Lot or Block shown on a plat, but is described by starting at a known point and describing the bearings and distances of the lines forming the boundaries of the property, or delineates a fractional portion of a section, Lot or area by described lines or portions thereof. 71.36 -2 MOTEL /MOTOR HOTEL - A building or group of detached, semi - detached or attached buildings containing quest rooms or units, each of which as a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient quest travelling by automobile. 71.37 MOTOR FUEL STATION - An establishment where gasoline, kerosene, motor oil and lubricants are sold or used in servicing motor vehicles and where usual motor vehicle repairs and services are performed. 71.38 NON - CONFORMING STRUCTURE OR USE - A structure or use lawfully in existence on the effective date of this ordinance or any amendment thereto and not conforming to the regulations for the district in which it is situated. 71.39 NURSING HOME OR REST HOME - A licensed establishment having accommodations for the continuous care of two or more invalid, infirm, aged convalescent patients or disabled persons that are related. 71.39 -1 OFF - STREET LOADING SPACE - A space accessible from the street, alley or way, in a building or cn the lot, for the use of trucks while loading or unloading merchandise or materials. 71.39 -2 OUTLOT - Any lot within a plat not intended for building construction thereon without further subdivision. 71.39 -3 PARKING SPACE - A use which may be lawfully established in a particular district or districts._ 71.39 -4 PERFORMANCE STANDARD - Any criterion established by the Title or deemed necessary by the City Council to achieve the goals and objectives in the Comprehensive Plan. 71.39 -5 PERMITTED USED - A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards (if any) of such districts. 71.39 -6 PLANNING COMMISSION - The Centerville Planning and Zoning Commission. 71.40 PLANNED UNIT DEVELOPMENT - A tract of laid which will contain two or more principal structures developed under unified ownership or control, the development of which may be unique and of a substantially different character than that of the surrounding area. 71.40 -1 PLAT - The drawing or map of a subdivision proposed for filing of record pursuant to Minnesota Statute chapter 505 and containing all elements and requirements set forth in the City Subdivision Ordinance. 71.40 -1 PRELIMINARY PLAT - A Preliminary plan for property to be divided by plat. 71.40 -1 PRINCIPAL USE - The main use of land or buildings as distinguished from subordinate or accessory uses. A "principal use" may be either permitted or conditional. 71.40 -2 PUBLIC USES. Uses owned or operated by municipal, school districts, county, state or other governmental units. 71.40 -3 RECREATION. FIELD OR BUILDING - An area of land, water, or any building in which amusement, recreation or athletic sports are provided for public or semi - public use, whether temporary or permanent, except a theatre, whether, whether provision is made for the accommodation of an assembly or not. A golf course, arena, baseball park, stadium, circus or gymnasium is a recreation field or building for the purpose of this Ordinance. 71.41 RECREATION VEHICLES - A mobile vehicle including boats used for recreational purposes, capable of being towed or being self - propelled. 71.41 -1 REGISTERED LAND SURVEY - A survey meeting the requirements of Minnesota Statutes 508.47 and as it may be amended, and used primarily for describing registered property. 71.41 -1 RESTAURANT - An establishment which serves food in or on non - disposable dishes to be consumed primarily while seated at tables or booths within the building. 71.41 -2 RIGHT -OF -WAY - The land available for or used for a public street, or land dedicated for public use, or for certain private uses such as for private utilities. 71.41 -2 SATELLITE DISH - Shall mean a combination of 1) antenna or dish antenna whose purpose is to receive communication or other signals from orbiting satellites and other extraterrestrial sources; 2) a low -noise amplifier (LNA) which is situated at the focal point of the receiving component and whose purpose is to magnify and transfer signals; and 3) a coaxial cable whose purpose is to carry the signals into the interior of the building. 71.41 -3 SATELLITE DISH HEIGHT - Shall mean the height of the antenna or dish measured vertically from the highest point of the antenna or dish when positioned for operation, to the top of the foundation which supports the antenna. 71.41 -4 SETBACK - The minimum required distance between a sign, parking lot or the vertical wall of a building and a lot line as regulate by this Title. 71.41 -4 SHOPPING CENTER - An integrated grouping of commercial stores, under single ownership or contro 71.42 SIGN - Any name identification, display illustration structure or device which is publicly displayed and which is used to direct attention to a product, person, business, institution or place. 71.42 -1 SKETCH PLAN - A drawing showing the proposed subdivision of property. This drawing is not necessarily drawn to scale and exact acc+aracy is not a requirement. 71.42 -1 SLOPE - Means the degree of deviation of a surface from the horizontal, usually, expressed in percent or degrees. * Amended 4 -14 -90 71.43 STORY - That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling rext above it. 71.44 STORY -HALF - That portion of a building under a gable, hip or gambrel roof the wall plates of which, on at least two opposite exterior walls, are not more than two feet above the floor of such story. 71.44 -1 STREET FRONTAGE - The proximity of a parcel of land to one or more streets. An interior lot has one (1) street frontage and a corner lot has two (2) frontages. 71.45 STRUCTURE - Any thing constructed or erected, the use of which requires a fixed location on the ground or an attachment to something having a fixed location on the ground, including, in addition to buildings, billboards, carports, porches, and of -her building features, but not including sidewalks, drives, fences and patios. 71.46 STRUCTURAL ALTERATION - Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders. 71.46 -1 SUBDIVISION - The division of a parcel of land after the effective date of this Ordinance into tow (2) or more lots or parcels, according to any of the procedures whether it be by plat, minor subdivision or land division, specified in this Ordinance. the term includes re- subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided. 71.47 SUPPLY YARD - A commercial establishment storing or offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods. Supply yards do not include the wrecking, salvaging, dismantling or storage of automobiles and similar vehicles. 71.47 -1 TOPOGRAPHICAL SURVEY - A survey showing lines connecting points of common elevation. 71.47 -2 TOPOGRAPHY - The configuration of the surfaces of land including elevations and natural feature 71.48 TOWNHOUSE - Single family attached units in structures housing three or more continuous dwelling units, sharing a common wall, each having separate and individual front and rear entrances; the structure as of a row house type as distinguished from multiple dwelling apartment buildings. 71.49 TRAVEL TRAILERS - A mobile vehicle with wheels, designed for overnight living or camping purp03es, capable of being towed by a passenger automobile. 71.50 USABLE OPEN SPACE - A ground area on a lot which is graded, developed, landscaped or equipped or intended and maintained for recreation or leisure, available to and usable by persons occupying a dwE0 ling unit and their guests. 71.40 -1 USE - PERMITTED - A public or private use which of itself conforms with the purposes and obJectives of a particular district and conforms with all requirements, regulations and performance standards of such district. 71.40 -2 USE - PRINCIPAL - The main use of land cr buildings as distinguished from accessory uses. A "principal use" may be either permitted or conditional. 71.40 -3 USE - TEMPORARY - One established for a fixed period of time with the intent to discontinue such use upon the expiration os such time. 71.51 VARIANCE - The waiving by board action of the literal provisions of the zoning ordinance in instances where their strict enforcement would cause .endue hardship because of circumstances unique to the individual property under consideration. 71.51 -1 VETERINARY CLINIC - A clinic operated by a licensed veterinarian exclusively for the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect, inJury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility: and the rendering of advice or recommendations with regard to any of the above. 71.52 YARD - An open space other than a court w -ich open space is unoccupied and unobstructed from the ground upward, except as otherwise provided in this ordinance. 71.53 YARD, FRONT - A yard extending across the full width of the lot and lying between side lot lines and lying between the front street line or lake shore line of the lot and the nearest line of the principa building. 71.54 YARD, REAR - A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. 71.55 YARD, SIDE - A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. 71.56 ZONING DISTRICT - An area or areas for which the regulations and requirements governing use, lot and bulk of buildings and premises are uniform. I� ANOKA COUNTY HIGHWAY DEPARTMENT RIGHT -OF -WAY REQUIREMENTS POLICY DATED: MAY, 1994 THESE RIGHT -OF -WAY REQUIREMENTS ARE BASED ON THE FUNCTIONAL CLASSIFICATION SYSTEM DEVELOPED IN PART BY ANOKA COUNTY, IN COOPERATION WITH THE MINNESOTA DEPARTMENT OF TRANSPORTATION AND THE METROPOLITAN COUNCIL. PRINCIPAL ARTERIALS FOCUS IS 95% ON MOBILITY/ 5% LAND ACCESS. NO DIRECT LAND ACCESS IS DESIRABLE. ALL DRIVEWAYS SHOULD BE TO SERVICE ROAD OR LOCAL INTERSECTING STREETS. FULL INTERSECTIONS SHOULD BE TO MINOR ARTERIALS AND COLLECTORS SPACED AT NOT CLOSER THAN '/z MILE (CROSS STREET STOP, OR SIGNALIZED - IF WARRANTED). E - 60' E - 20' -* I E - 20' --> 1 <-13'-41 E - VARIABLE -� COUNTY HIGHWAY SERVICE DRIVE BLVD. BUILDING ROADWAY RIGHT -OF -WAY (OPTIONAL) SETBACK AS RIGHT- OF-WAY REQUIRED BY LOCAL ORDINANCE MINOR ARTERIAL A'.5: FOCUS IS 80% ON MOBILITY/ 20% ON LAND ACCESS. MINOR ARTERIALS ARE MOVING TOWARD PRINCIPAL ARTERIAL STATUS. NO DIRECT LAND ACCESS IS DESIRABLE. ALL DRIVEWAYS SHOULD BE TO SERVICE ROAD OR LOCAL INTERSECTING STREETS. FULL INTERSECTIONS SHOULD BE SPACED NOT CLOSER THAN 900' CL TO Ct (CROSS STREET STOP, OR SIGNALIZED - IF WARRANTED). �<- 60' E- 20' E- 20' -> IE- 13' ->IE- VARIABLE -I COUNTY HIGHWAY SERVICE DRIVE BLVD. BUILDING ROADWAY RIGHT- OF-WAY (OPTIONAL) SETBACK AS RIGHT -OF -WAY REQUIRED BY LOCAL ORDINANCE MINOR ARTERIAL B'S: FOCUS IS 60% ON MOBILITY/ 40% ON LAND ACCESS. NO DIRECT LAND ACCESS IS DESIRABLE. ALL DRIVEWAYS SHOULD BE TO LOCAL INTERSECTING STREETS. FULL INTERSECTIONS SHOULD BE SPACED NO CLOSER THAN 900' TO (CROSS STREET STOP, OR SIGNALIZED - IF WARRANTED). E - 60' E- VARIABLE --> COUNTY HIGHWAY BUILDING ROADWAY SETBACK AS RIGHT -OF -WAY REQUIRED BY LOCAL ORDINANCE PAGE 1 OF 2 COLLECTORS AND BELOW FOCUS IS 50% ON MOBILITY/ 50% ON LAND ACCESS. NO DIRECT LAND ACCESS IS DESIRABLE. ALL DRIVEWAYS SHOULD BE TO LOCAL INTERSECTING STREETS. STREET SPACING SHOULD NOT BE CLOSER THAN 490' � TO C L (CROSS STREET STOP, OR SIGNALIZED - IF WARRANTED). EXPECT CHANNELIZATION TO 700' MIN. FROM A MAJOR INTERSECTION. 50' URBAN E- 60' RURAL F- VARIABLE -4 COUNTY HIGHWAY BUILDING ROADWAY SETBACK AS RIGHT- OF-WAY REQUIRED BY LOCAL ORDINANCE PAGE 2OF2 t use June 2, 1994 AGRICULTURE - Those uses commonly associated with the growing of produce on farms. These include: field crop farming; pasture for hay; fruit growing; tree, plant, shrub, or flower nursery without building; truck gardening; roadside stand for sale in season of products grown on premises; and livestock raising and feeding, but not including fur farms, commercial animal feed lots, and kennels. ANIMAL CLINIC- A clinic operated by a licensed veterinarian exclusively for the diagnosis, treatment, correction, relief, or prevention of animal disease, deformity, defect, injury, or other physical or mental conditions; the performance of obstetrical procedures for animals, including determination of pregnancy and correction of sterility or infertility; and the rendering of advise or recommendations with regard to any of the above. ANIMAL KENNEL- Any premise where three (3) or more dogs, at any one time, over six (6) months of age, are present as owners$ pets, pets accepted for boarding, breeding, training or sale, except when located in a pet shop or veterinary clinic. AUTO SALES, SERVICE AND REPAIR General repair, rebuilding or reconditioning engines, motor vehicles or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint job, vehicle steam cleaning. CHURCH - A building, together with its accessory buildings and use; where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. COMMERCIAL RECREATION Bowling alley, ca track, jump -cam er, golf, pool h , vehicle ac g or a usen►en dance 1, katin tram oline, tav n, thea re, ndoor firearms ran e, boat r tal, fimusem rides, campgroun , park and similar uses. DAY CARE /NURSERY FACILITY Any state licensed facility, public or private, which for gain or otherwise regularly provides one it 2 or more persons with care, trainin+;, supervision, habilitation, rehabilitation, or developmental guidance on a regular basis, for periods of less than twenty -four (24) hours per day, in a place other than the person's own home. Day care facilities include, but not limited to: day nurseries, nursery schools, daytime activity centers, day treatment programs, and day services as defined by Minn. Stat. Section 245.782, Subd. 5. EATING & DRINKING PLACES An establishment whose principal business is the sale of food and /or beverages to customers in a ready -to- consume state, and whose principal method of operation includes one or both of the following characteristics: (1) customers, normally provided with an individual menu, are served their foods and beverages by a restaurant emplcyee at the same table or counter at which food ar._d beverages are consumed; (2) a cafeteria -type operation where food and beverages generally are consumed within the restaurant building. HOTEL - Any building or portion thereof occupied as the more or less temporary abiding place of individuals and containing six (6) or more guestrooms, used, designated or intended to be used, let or hired out to be occupied, or which are occupied by six (6) or more individuals for compensation, whether the compensation be paid directly or indirectly. HOSPITALS AND CLINICS A structure intended for providing medical and dental examinations and service available to the public. MOBILE HOME PARK Any site or tract of land upon which two (2) or more occupied mobile homes are located. MOTEL - A building or group of detached, semi- detached or attached buildings containing guest rooms or units, each of which has a separate entrance directly from the outside of the building, or corridor, with garage or parking space conveniently located to each unit, and which is designed, used or intended to be used primarily for the accommodation of transient guests 3 travelling by automobile. MOTOR FUEL STATION A place where gasoline is stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile major repairs and rebuilding. NURSERY /GREENHOUSES An enterprise which conducts the retail or wholesale of plants grown on the site, as well as accessory items (but not power equipment such as gas or electric lawnmowers and farm implements) directly related to their care and maintenance. The accessory items normally sold are clay pots, potting soil, fertilizers, insecticides, hanging baskets, rakes and shovels. STABLES & RIDING ACADEMIES A building or land where horses are kept for compensation, hire, sale boarding, riding or show. TOWNHOUSE - Structure housing three (3) or more dwelling units contiguous to each other only by the sharing of one (1) common wall, such structures to be of the town or row houses type as contrasted to multiple dwelling apartment structures. No single structure shall contain in excess of eight (8) dwelling units and each dwelling unit shall have separate and individual front and rear entrances. TRUCK TERMINAL A building in which freight brought; by motor truck is assembled and sorted for routing in intrastate and inter -state shipment. a i i i ;i MEMORANDUM TO: Beyond the Basics Participants FROM: John Shardlow, Institute Presider RE: Practical Advice for Conducting Public Hearings (meetings) INTRODUCTION Community Planning is a governmental process that both directly and indirectly affects the rights and responsibilities of citizens. As altruistic as one's objectives may be in undertaking a community planning effort, it will inevitably involve the restriction of the rights of some and place some additional economic burdens on others. Our American System of Laws contains guarantees and safeguards to protect the rights of individuals and land owners. It also provides local governments with the authority to plan and to pass laws (ordinances) to restrict and limit the rights of individuals and landlords, to serve the greater common good. Public hearings and public meetings include the presentation, deliberation, and ultimately the decisions regarding proposed governmental actions. Such actions might include the amendment of a portion of a comprehensive plan, a change to some standard within the zoning ordinance, or the approval, modification, or denial of an application. When all is said and done, all of the issues involved in such meetings can be divided into two categories. The first category is the purpose that the governmental body seeks to achieve in taking the action, e.g., the end to be achieved. The review of these issues focus on whether these objectives are within the scope of the governmental authority and will, in fact, serve a legitimate purpose. The second category of issues focuses on the reasonableness of the means to achieve the stated purpose. Does it unfairly discriminate against, place a disproportionate burden on one group more than another, or is it simply unreasonable for any of a number of other reasons. Public hearings, therefore, must serve a dual purpose. They must first involve a complete presentation of what is being proposed. In other words, they should include a complete disclosure of what is being considered and a fair and open assessment of the issues raised Practical Advise for Conducting Public Hearings Page 2 by the decision. They must also include an opportunity for the general public and interested parties to hear and see all of this information and to raise questions, provide additional information, express support or opposition, or suggest modifications to the proposal. Simply stated, public hearings must provide for the effective participation of the public. Many of you are, perhaps not by nature, formal people. Because of the size of your community, the relative intensity of your meetings, or even the prevailing lack of interest in your proceedings, you may feel that a very formal meeting procedure is inappropriate. While it is true that every community is unique in that you must continue to work to find the best procedures for conducting your business, you should not forget that you are involved in serious matters. If an agenda item warrants a public hearing, you can bet that it raises the types of issues discussed above. Issues that are focused on both the means and the ends that are related to the proposal. r The following procedure and comments are particularly beneficial in the event of public hearings that are known to be controversial. Some communities have procedures such as these which they use just when they know when an item is really controversial. Otherwise they may rely on an abridged format. I urge caution in this area since I have experienced many meetings that were proceeding in a smooth and orderly fashion, only to have them turn into a shouting matches. Role of the Chair Person Before discussing the hearing procedure, a few words about the role and importance of the Chair. Simply stated, no role is more important than the Chair. The Chair has the responsibility of conducting the meeting. This is not a staff function and situations in which the staffs play major roles in conducting the hearing can run into some real problems (in my opinion). The Chair should begin by explaining who the Board or Commission is and what role or authority they have in these proceedings. It is very important, for instance, for Planning Commissions to explain that they are an advisory body that passes on a recommendation to the City Council, Town Board, or County Board for their decision. If the hearing is being held before the City Council, the Chairman should explain that the Planning Commission has reviewed it, what its role and responsibilities are and what recommendation the Planning Commission made. The Chair should then provide a complete description of the proposal under consideration. The alternative actions available and the limits to the body's authority to regulate such matters. One of the Chair's most important functions is to explain, right at the beginning, the procedure to be followed in the hearing or meeting. People should know when they will be allowed to participate and the rules of conduct that they will be held to. In my experience, order must be established at the beginning if there is to be hope in maintaining order throughout the meeting. The Chair should establish that it is a formal proceeding and that everyone will be given the opportunity to participate, that their comments should be concise and to the point, and that people should be as factual as Practical Advise for Conducting Public Hearings Page 3 possible. Of course, the fact that people are concerned or afraid is of some relevance to the proceedings. However, the Chair or Board must act on factual findings and not sentiment. If many many people share the same viewpoint, they should be urged to appoint a spokesperson and avoid repetitive testimony. The Chair should indicate that there will be an opportunity for people who share the same viewpoint to indicate so by a show of hands, or some other method (not applause!). Hearing Procedure The following procedure is designed to provide opportunities for everyone to participate, but it separates the proceedings into periods of presentations, then periods of questions, and finally statements. The goal is to ensure that the information is completely and accurately understood before statements are presented either for or against the proposal. I. STAFF PRESENTATION The Staff identifies the subject property, describes the nature of the application, presents the zoning and planning issues, and explains the action to be taken by the Planning Commission, Council, or Board. This segment includes a concise description of the issues involved in the proceedings. IL QUESTIONS OF THE STAFF FROM THE PLANNING COMMISSION This is to ensure that the Planning Commission or Board fully understands the information that has been presented by the staff and the information that is in their background material packets. III. OUESTIONS OF THE STAFF FROM THE APPLICANTS AND THEIR REPRESENTATIVES This provides the opportunity for the applicants to ask questions of staff to provide additional information or to clarify information that has been presented by the staff or included in the planning report. IV. OUESTIONS FROM THE PUBLIC FOR THE STAFF This provides an opportunity for anyone in the general public or other interested parties to ask questions about the information presented by the staff or included in the background material packets. This is an opportunity for the public to ask questions about what options are available to the Commission or Board regarding this matter and to understand the regulatory framework that relates to it. V. THE APPLICANT'S PRESENTATION This is the portion of the proceedings at which the applicant has the opportunity to put on his /her own presentation. This is the applicant's opportunity to present supportive information and factual information to demonstrate the proposal's Practical Advise for Conducting Public Hearings Page 4 compliance with the comprehensive plan and zoning ordinance standards. This segment is also important for constitutional reasons in that it gives the applicant the opportunity to challenge any statements or information presented in the planning record regarding the merits of the proposal. VI. QUESTIONS FOR THE APPLICANT FROM THE PLANNING COMMISSION, C= COUNCIL. OR BOARD This segment provides the opportunity for the Planning Commission to ask whatever questions they have about information that has been presented by the applicant or included in any materials that he /she may have submitted for their review. Before opening up the meeting for public comment, this provides the Planning Commission with the opportunity to ask any questions that they feel may clarify the issue either in their own minds or in the minds of the general public. VII. QUESTIONS FOR THE APPLICANT FROM THE PUBLIC This is the segment in the proceedings in which the public has the opportunity to ask any questions of the applicant. No statements either for or against the proposal will be accepted at this point. This ensures that prior to the presentation of any formal statements, either in favor of or in opposition to a proposal, that all opportunities have been provided for questions to be asked and answered. VIII. STATEMENTS FROM THE PUBLIC IN SUPPORT OF THE APPLICATION This is a particularly important part of the proceedings if the proponents are in the minority. The Chair must be very careful to allow equal and unimpeded opportunities for people who wish to speak in favor of the proposal. Large crowds can intimidate minority viewpoints and exhibit bullying tactics, catcalls, booing, and other intimidating techniques. IX. STATEMENTS IN OPPOSITION TO THE APPLICATION WITH REASONS Again, the Chair encourages people to keep their comments as concise as possible and as accurate as possible and reminds the public that they need to be factual with the evidence that they present for consideration. The Chair can remind people that if they share the same viewpoint, they could appoint a spokesperson and that extensive, repetitive testimony will not be accepted. X. CLOSE PUBLIC HEARING DISCUSSION AMONG BOARD MEMBERS XI. TAKE ACTION EITHER TO CONTINUE, DENY, APPROVE, OR APPROVE WITH CONDITIONS Ie Aw 1A of as Sr t/I e/ am 14 tD230 OQ 67 — T r- -- - - - - -1 r-- - -- - -_1 r - - - - -- t ►' X28 100.00 toa00 r--- - - - - -� r-- - - - - -- � Q•� g ;.' 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