Planning Commission

PLANNING COMMISSION Regular Meeting October 30, 2017 Page 1 of 7 Regular Meeting: Planning Commission Location: City Hall, Council Chambers, 515 2nd Avenue SW, City of Minot, ND Meeting Called to Order: October 30, 2017 at 6:30 p.m. Presiding Official: Chairman, Tyler Neether Members in Attendance: Randy Bartsch, Wallace Berning, Jody Bullinger, Charles DeMakis, Jon Hanson, Pam Karpenko, Tim Keller, Todd Koop, Tyler Neether, Todd Wegenast, Members Absent: Matt Geinert, Jynette Larshus, Bob Wetzler City Staff Present: Planning Director, Principal Planner, City Attorney, City Engineer, Assistant City Engineer, Fire Chief, Building Official, Traffic Engineer Others Present: Aldermen Jantzer, Podrygula, Sipma Meeting Called to order by Chairman Tyler Neether Approval of the September 25, 2017 Regular Meeting Minutes. Motion by Commissioner DeMakis, seconded by Commissioner Koop, to approve the September 25, 2017 regular meeting minutes and was carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Neether, Wegenast. nays: none Motion passed RECOMMENDATIONS Item #3 An application by Jamie Melgaard/Moure Equipment represented by Bryan Hoffer for a five-year Interim Use Permit to allow display and parking of machinery and equipment on Gold Nugget 6th Addition, Lot 2 was held prior to the Planning Commission meeting. Item #5 An application by Capital RV Center, Inc. represented by Sean Weeks of Ackerman-Estvold, for a conditional use permit to allow a change in zoning from C2 (General Commercial) District to AG (Agricultural) District and to allow a campground as a conditional use in AG zoning on Shiloh Addition, Lot 1 was held prior to the Planning Commission meeting. Item #6 Application by Larry & Renee Cooper, and Nathaniel Quinnett; represented by Charles Wierson to change the zone from C2 (General Commercial) to R1 (Single-family Residential) District on Sorenson’s Addition, Block 1, Lots 1-2 was withdrawn prior to the Planning Commission meeting. 1|Page PLANNING COMMISSION Regular Meeting October 30, 2017 Page 2 of 7 Also, a request by Shawn & Adele Grosz represented by Charles Wierson to change the zone from C2 (General Commercial) to R1 (Single-family Residential) District on Sorenson’s 5th Addition, Block 2, Lot 3 was withdrawn prior to the Planning Commission meeting. Item #1: The Planning Commission approved an application by Bread of Life Lutheran Church represented by Rusten Roteliuk for a variance for a non-permitted use in a R1 (Single Family Residential) District to temporarily allow a campground housing construction workers in recreational vehicles and/or travel trailers on Biltmore Villas Addition, Lot 3 less the E22’ and all of Lot 4. This property is located at 1415 17th Avenue SW. Finding of Facts: 1. The subject property is zoned R1, Single-Family Residential District and the existing use is a church, also known as a place of public assembly in the zoning ordinance. The surrounding properties are primarily a mix of higher density zoning including R2, R3, R3C and R4 (See Existing Zoning exhibit). 2. Churches are allowed in R1 zoning as “places for public assembly”, a use permitted by right. 3. The applicant would like to establish a temporary campground on the site for the 2018 construction season. 4. Campgrounds are not allowed anywhere within R1 zoning, not as a permitted use, not as a conditional use, not as an interim use. Campgrounds are only permitted in AG, Agricultural zones as a conditional use. 5. The applicant has requested a use variance to establish a campground on church property zoned R1. Lance Lang, Principal Planner, explained, there is no undue hardship or exceptional difficulty which would qualify for a variance. Approval of the requested variance would provide special consideration for the applicant’s property that does not apply generally to other properties in the area. The purpose of the variation cannot be based exclusively upon convenience or a desire to save money. Contractors performing work on the church could stay in a variety of housing types if they are from out of town, including homes of the congregation, apartments, rent houses, extended stay motels, and existing campgrounds if RV living is preferred. The applicant, Rusten Roteliuk, came forward to present some information about the Bread of Life Lutheran Church and the Mission Builders Team. He stated, the construction of the addition will be completed during one season so the RV’s will only be on the site for a short period of time. Mission Builders are volunteers who organize laborers and help build communities. They are not contractors but rather work on site as construction mangers and leaders of volunteers. Licensed Subcontractors and materials are locally sourced. Mr. Roteliuk said, they believe they should qualify for a variance based on the exception for “property rights enjoyed by others.” Their interpretation was not to compare to residential properties but to properties similar to the church. He further explained, the Mission Builders originally built the church in 2|Page PLANNING COMMISSION Regular Meeting October 30, 2017 Page 3 of 7 1992 and they have done several other projects in the region. They always stay on site during a construction project in order to save money so that funds can be used elsewhere. The volunteers apply Christian principles to the construction site and they give back to the community while they are there. Upon questioning by Commissioner Karpenko, Mr. Roteliuk stated, there would be a maximum of six campers. He also said, the temporary RV Parking at the jobsite is a prerequisite for Bread of Life Church to partner with the Mission Builder program. When Mission Builders have worked on other locations, they either received a variance or permit to stay at the site or there was no opposition to their campers. Verla Rostad, a member of Christ Lutheran Church, said, Mission Builders worked on their location for two summers. She spoke about the excellent job they did and how the volunteers were a vibrant improvement to the community. She said, the staff report implies there is a campground held on church property but Mission Builders are a faith-based group that do not cause a detriment to the public good. Commissioner Keller asked about the proposed sewer hookup, to which Mr. Roteliuk replied by saying, they would likely dig below ground and set up a holding chamber that can be pumped periodically. Bruce Carlson, President of Metigoshe Ministries, Terry Fhiel, and Pastor Taryn Montgomery, spoke in favor of granting the variance. They emphasized that the volunteers are nothing like the construction crews who came to Minot after the flood in 2011. They are volunteers building a better community in Minot. They brought a list of signatures from neighbors who support the proposed plan to host Mission Builders on the property of Bread of Life Lutheran Church. Commissioner Berning moved the Planning Commission grant the variance to Bread of Life Lutheran Church for a non-permitted use in a R1 (Single Family Residential) District to temporarily allow a campground housing construction workers in recreational vehicles and/or travel trailers on Biltmore Villas Addition, Lot 3 less the E22’ and all of Lot 4. Motion seconded by Commissioner Karpenko. Commissioner Karpenko compared the situation to allowing contractors to pull job trailers and port-a- pottys to a construction site without any issues. She said, she believes this proposal is good for the community but she understands the challenges to the ordinance. She asked if the motion could be amended to include the reason for the variance as a hardship for other exceptional situations. Commissioner Berning stated, he believes a variance is acceptable because a church is allowed and a church is more than a building. He amended his motion to include the hardship for exceptional situations. Commissioner Karpenko amended her second. Mr. Lang said Public Works and Engineering would like to include a condition that if the variance is granted, the applicant should coordinate water a sewer hookups with the City. Commissioner Karpenko said she believes that is unnecessary. Commissioner Neether reminded the Planning Commission that approving the variance could set a legal precedence showing favoritism toward a particular group. Commissioners Keller and Karpenko agreed it may be a good thing to set a high precedence to use as a platform for similar requests in the future. 3|Page PLANNING COMMISSION Regular Meeting October 30, 2017 Page 4 of 7 The City Attorney explained, the exception for extraordinary conditions allowing a variance applies to the property and not the property owner. Whereupon a vote was taken on the motion by Commissioner Berning, seconded by Commissioner Karpenko and carried by the following roll call vote: ayes: Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Wegenast. nays: Bartsch, Neether Item #2: The City Council approve an application by Randy Conway to de-annex from City limits The Bluffs 7th Addition, Lots 2-3. This property is located at 4260 27th Street SE. Finding of Facts: 1. This land was annexed into the corporate limits as Lots 2 and 3 of Bluffs 7th Addition in 2016 and rezoned from AG to R1. 2. Bluffs 7th Addition was a plat associated with the Bluffs Addition golf course and at some point it was decided that these two lots were not necessary for the development of the golf course and the lots were sold. 3. Rural housing has been constructed on both of the lots even though they are zoned R1, Single- Family Residential and could be further subdivided to support more density, the owners chose to remain as large parcels. 4. The City recently installed a major sanitary sewer trunk line through this area but the closest point of the subject property is more than 500 feet distant from the sewer service. 5. Generally, when the City annexes property it is obligated to provide City service within a reasonable length of time, but now it is clear this property is not part of the golf course development and cannot be served with all city services. 6. The owner has requested that the City un-annex or de-annex this property from the corporate limits. 7. The City was premature in annexing this property and staff supports de-annexing it. Conditions: 1. If the Engineering and Public Works Department deem it necessary, the City reserves the right through a Development Agreement to annex this property into the corporate limits in the future when it is in the best interest of the City to do so, and by and through the agreement, the owner shall waive rights of protest to said annexation and agree to connect to City services when they are available and within two-hundred feet (200’) or when the original septic drain field fails. The Principal Planner explained the staff report. He said the City was premature to annex the property and staff supports the de-annexation with the condition provided. He responded to questioning by Commissioner Karpenko by saying, he is not aware of any concerns from the applicant regarding the condition for a Development Agreement. 4|Page PLANNING COMMISSION Regular Meeting October 30, 2017 Page 5 of 7 Commissioner DeMakis moved the City Council de-annex from City limits The Bluffs 7th Addition, Lots 2- 3.Motion seconded by Commissioner Karpenko and carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Neether, Wegenast. nays: none Motion Passed Item #4 The City Council approve an application by Scott Mehlhoff to combine Keyes Amended Plat, Block 6, Lots 5-9 into one lot to be known as Peach Addition, Lot 1. This property is located at 1016 39th Street SE. Finding of Facts: 1. The applicant would like to construct a detached garage to compliment his existing house. 2. The existing platted lots are narrow and there is insufficient space to accommodate a garage on the same property as his house. 3. A detached accessory building, including garages, cannot be constructed on any lot without the primary use of the lot established prior. In this case, the primary use for a residential garage is the residence (house). 4. The applicant owns three additional lots adjacent to the lots that contain his house. 5. If the applicant combines the lots such that the proposed garage can be constructed on the same lot as the existing house, he can proceed within the setbacks and area limitations for accessory buildings set forth in the zoning ordinance. 6. The existing garage on Lot 5 is nonconforming and will be moved or demolished. 7. The applicant has submitted an application to combine the lots. After the Principal Planner explained the report, the applicant came forward to respond to questions. Commissioner Bartsch moved the City Council combine Keyes Amended Plat, Block 6, Lots 5-9 into one lot to be known as Peach Addition, Lot 1. Motion seconded by Commissioner Koop and was carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Neether, Wegenast. nays: none Motion Passed Item #7 The City Council approve an application by Mark Weber and Reinaldo & Debbie Guitian to subdivide Weber’s 1st Addition, Lots 1-2, into 2 lots to be known as Weber’s 2nd Addition, Lots 1-2. The Planning Commission approve an application for a variance from the minimum lot size of 2 acres required for RA (Residential Agricultural) District to 1.57 acres. Finding of Facts: 1. The owners of two abutting lots would like to reconfigure the shape of the lots to make better use of the land given the steep slopes that exist. 5|Page PLANNING COMMISSION Regular Meeting October 30, 2017 Page 6 of 7 2. The lots are zoned RA, Agricultural Residential and require 2.0 acres as a minimum lot size per lot. 3. The existing topography is such that the east .43 acres of the east lot would be better suited as part of the west lot. 4. If the lots are split in this fashion the east lot no longer meets the 2.0 acre minimum lot size for RA zoning. 5. At 1.57 acres, the east lot must be approved by First District Health Unit as adequate for an individual septic system even though the lot size is less than 2.0 acres. 6. A variance for the proposed lot size of 1.57 acres is required for the proposed subdivision to be approved. 7. The existing topographic challenges are cause for granting a variance. 8. First District Health System must provide the information requested by the Engineering Department before the plat will be recorded. Condition: 1. The applicant shall provide a written affirmation from First District Health Unit that the proposed plat for Weber’s 2nd Addition as shown, with proposed Lot 2 at 1.57 acres, is acceptable to the District with a diagram that depicts the location and extent of the current systems on these two lots, and a suitable location for an alternate septic site on each site. This information need not be submitted for the Planning Commission hearing, but must be provided to the City Engineering Department before the plat is recorded. If, for any reason, the approval from First District Health Unit cannot be obtained, the variance, if granted, shall be nullified. The Principal Planner explained, the applicant is requesting an adjustment of the lot line to create more sensible plats. A strip of land was included in Lot 2 in order to reach the two-acre minimum requirement but it makes more sense to include the piece of land in Lot 1 and approve a variance for the lot size of Lot 2. Mark Weber, the applicant, responded to questions about the septic system by saying, he received confirmation from First District Health Unit that alternate septic systems can be placed on each site. He provided a letter from First District for the file. Commissioner Karpenko moved the City Council approve the subdivision of Weber’s 1st Addition, Lots 1- 2, into 2 lots to be known as Weber’s 2nd Addition, Lots 1-2 based on the findings of fact and conditions provided by staff. Motion seconded by Commissioner Wegenast and carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Neether, Wegenast. nays: none Commissioner Karpenko moved the Planning Commission approve the variance from the minimum lot size of 2 acres required for RA (Residential Agricultural) District to 1.57 acres on proposed Weber’s 2nd Addition, Lot 2 based on the existing hardship for exceptional topographical conditions. Motion seconded by Commissioner Wegenast and carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Neether, Wegenast. nays: none Motion Passed 6|Page PLANNING COMMISSION Regular Meeting October 30, 2017 Page 7 of 7 Other Business Item #8 The City Council make a correction to the legal description from Northridge Villas 2nd Addition, Lots 1- 34 to read Northridge Villas 2nd Addition, Lots 1-35. Motion by Commissioner DeMakis, seconded by Commissioner Koop to make a correction to the legal description for Northridge Villas 2nd Addition. The legal description was advertised as Northridge Villas 2nd Addition, Lots 1-34 and should have read Northridge Villas 2nd Addition, Lots 1-35. Whereupon a vote was taken on the motion by Commissioner DeMakis, seconded by Commissioner Koop and carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Neether, Wegenast. nays: none Motion Passed Item #9 The City Council pass an ordinance to amend the Zoning Supplement to the City of Minot Code of Ordinances, Chapters 7, 8, 9, 14, 15, and 23. The Planning Director explained, the proposed amendments delete redundant sections in Chapters 23-7, 7-8 h, 8-8 h, and 9-8 g. Furthermore, there were changes made regarding compassionate care centers in M1 (Light Industrial Districts) and M2 (Heavy Industrial Districts) to be permitted as a Conditional Use. Commissioner Karpenko moved, Wegenast seconded to adopt the proposed changes to the Zoning Ordinance and was carried by the following roll call vote: ayes: Bartsch, Berning, Bullinger, DeMakis, Hanson, Karpenko, Keller, Koop, Neether, Wegenast. nays: none With no further business before the Commission, the meeting was adjourned at 7:49 pm. 7|Page