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
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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
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