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MINUTES
REGULAR PLANNING COMMISSION MEETING
March 22, 1993
7:30 p.m.
PRESENT ABSENT ALSO PRESENT
Kay Andrews Paul Kuettel Paul Ciernia, Council Liaison
Lee Barry Susan Hoyt, Administrator/
Len Boche Planner
Steve Huso
Lisa Lampi
Ken Salzberg
Meeting was called to order at 7:32 p.m. by Lee Barry, Chair.
APPROVAL OF MINUTES
Minutes of the January 25, 1993 and February 22, 1993 planning
commission meetings were approved as written.
R_EQIIEST FOR A VARIANCE IN G9-2.O1 OF THE ZONING CODE FOR FENCE
HEIGHT
Hoyt explained to the commission that Mr. and Mrs. King requested
a variance of two feet in the maximum fence height allowed in the
rear and side yards of their residential property at 1427 West
Idaho. This variance was requested because the garage to their
west at 1433 West Idaho was large and, therefore, replacing their
current five foot fence with an eight foot fence was desirable to
further obstruct the view of the garage. The request was for a
variance in all side and rear yard fences for consistency on their
property. The city's code allows a six foot high fence. The
intent of restricting fences to this height is to avoid a tunnel
effect between properties and to keep some consistent open space.
Hoyt reported two variances in fence height had been granted in the
past four years. One was granted due to proximity to commercial
uses and one for a wall along a raised deck that was 12 feet from
a neighbor's bedroom window.
Salzberg made a motion to deny the request, Lampi seconded the
motion and motion passed unanimously. The reason was that it did
not meet requirement 9-15.03, Subd. 4, Part g. which states that
there must be something unique to this particular. property or a
particular hardship incurred through the enforcement of this
section of the code.
The following reasons were discussed as part of the denial:
- that an eight foot high fence would not necessarily
. reduce visibility of the garage more than a six foot
fence, particularly since the garage height meets the
Page 2
• Planning Commission Minutes
March 22, 1993
zoning code and would have been constructed under all
garage sizes;
- that landscaping would be a desirable alternative to a
fence for any desired screening (the code does not
restrict landscaping);
- that trying to correct a difficult situation by approving
a variance, that would not otherwise be granted, was not
an appropriate way to satisfy a property owner when the
request did not meet the conditions for granting a
variance.
PROPOSED CLARIFICATIONS TO THE SIGN ORDINANCE TO ADDRESS TEMPORARY
COMMERCIAL SIGNS AND DISPLAYS NOT CONSTITUTING SIGNS
Hoyt explained. to the commission that from time to time the city
gets requests for temporary commercial signs and "displays not
constituting signs", usually inflated balloons. The city's sign
• code does not clearly identify when and how these should be
permitted. Recommendation is that the zoning code be changed to
read that banners, pennants, whirling devices, balloons, animal
displays, pieces of sculpture, fountains, lights, or other displays
or features which direct attention to an object, product, place,
activity, person, institution, business are not permitted in any
zone except in a business zone for business grand openings or
special civic events. The .length of time these should be allowed
to be on display was suggested at 3 to 5 days. After discussion,
Barry scheduled a public hearing on the proposed change in the
zoning code for "displays not constituting signs" (not temporary
signs) to be held April 26, 1993.
PROPOSED DELETION OF SECTION 9-2 15 f3041fe) OF THE... ZONING CODE
RELATING TO BUILDING PERMIT FEES
.The zoning code includes a provision for allocating building permit
fees which is no longer applicable. (a) It allocates 25~ of the
plan check. fee to the building official. The city currently
contracts with the building official for a set rate ($500/month)
.which is a consistent, cost-effective way to fund this position.
(b) it provides for reimbursement to the fire department budget for
any plan reviews that it does. The fire marshal is a full-time
city employee. The time spent on any plan reviews is a cost
incurred by the city and covered through salary expenditures.
After a short. discussion, Barry scheduled a public hearing on the
• proposed change in the zoning code to be held April 26, 1993.
Page 3
Planning Commission Minutes
March 22, 1993
UPDATE ON COMMERCIAL ZONING CODE REVISIONS
Hoyt reported that Mr. Hoisington, planning consultant, submitted
another draft of the zoning code and city attorney, Bachman, is
presently reviewing it.
Meeting adjourned at 8:45 P.M.
Patricia Phillips, Secretary
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