Committee Minutes
PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
September 1, 2004
MEMBERS PRESENT
The meeting was called to order by President Gary Malm with the following members present: John Drees, Al Grasser, Tom Hagness, Dr. Lyle Hall, Bill Hutchison, Dorette Kerian, Curt Kreun, Dr. Robert Kweit, Paula Lee, Frank Matejcek, Sheryl Smith, and Marijo Whitcomb. Absent: Mayor (Dr.) Michael Brown and John Jeno. A quorum was present.
Staff present included Dennis Potter, City Planner; Charles Durrenberger, Senior Planner; Brad Gengler, Planner; and Carolyn Schalk, Senior Administrative Specialist.
2. READING AND APPROVAL OF MINUTES FOR AUGUST 4, 2004.
Malm asked if there were any additions or corrections to the minutes of August 4, 2004. There were no corrections noted and Malm declared the minutes approved as presented.
3. PUBLIC HEARINGS, MINOR CHANGES AND FINAL APPROVALS:
3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF CRARY DEVELOPMENT, INC., FOR FINAL APPROVAL OF THE
PLAT OF JOHNSON’S WEST FIRST ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, BEING A PART OF SECTION 18, TWP 151 NORTH, RANGE 50 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, LYING NORTH OF AND ADJACENT TO 32ND AVENUE SOUTH.
Gengler reviewed the plat request, stating it is the proposed site for Tractor Supply Company (TSC). Gengler stated there had been different versions of the plat, reminding commissioners of the flag extension attached to the plat area for a large pole sign. The plat was approved but the extension portion for the signage was not. Gengler showed the revised plat, indicating the access control located on the southwest corner of the proposed lot. There would be a 40’ access easement, 20’ on the proposed TSC property and 20’ on the adjoining lot for future development. The access would align with the existing access for the truck plaza across the road. The primary change on the revised plat drawing beside the lot extension for signage indicates the lot being widened by 40’ on the west side to accommodate the access easement. Staff recommendation was for final approval.
Kreun asked about long-range planning of roads from the north connecting to 32nd Avenue South. Potter answered that 48th Street would be the through street from the north that connects to 32nd Avenue South.
Kreun asked if there was enough room for major storm sewers and streets that would be needed on the west portion of the property.
Gengler showed a map prepared by the engineering department that showed the layout of what would possibly be the layout of street network and infrastructure.
Kreun asked if the same people owned all the property to the west. Gengler replied that the northwest quarter was owned by Lois Maier, the property just north of Longview Fiber was owned by Economic Development Corporation, the property west was owned by Johnson Farms and to the east was owned by Kindness Animal Hospital. There would be multiple property owners.
Kreun asked if Johnson Farms owned all the property from the current proposed area to past 48th Street and Gengler stated yes.
Kreun asked if all property owners were aware of the city’s desire to connect 48th Street through to 32nd Avenue South. Gengler answered the MPO had prepared a 48th Street Corridor Study and there was a public participation process dealing with the study.
Kreun stated it was important that all land owners knew about the city’s desire to have South 48th Street connecting to 32nd Avenue South and he did not want the city to be boxed in with development one piece at a time. He stated the city would not want to have problems with utility and storm sewer issues because a landowner wanted the street moved.
Grasser said he asked that the concept drawing be presented to the commissioners. The concept showing roadway network and utilities was developed in-house by the Engineering Department based on verbal discussions with the developer. Grasser requested that the MPO drawing (map made as part of the 48th Street Corridor Study) of the storm sewer be shown to the commission. Grasser said there were significant needs and issues in the area for storm sewer. An open ditch might be required from an economic standpoint and the visual plan drawn in-house helps when dealing with various property owners. Grasser stated the city had to base future decisions on what was known today.
Kreun said the city just worked on two different issues, one being the access into the shopping center on 32nd/Columbia and the second one being the access by Office Max in Columbia Mall. Both time the developer built into a box and later the city is blamed because the developer did not have access. Kreun stated he did not want that to happen on 32nd Avenue South in that area.
Hutchison asked what the natural progression would be since it appears it would be developed based on discussions with landowners and developers.
Potter stated the concept is based on conversations with the developer. Before council sees the plat, the landowner would see the concept created in-house in the engineering department.
Malm stated the land use plan would show all the discussion as it progresses.
Hagness asked if this was the appropriate time to take all the necessary rights-of-way?
Grasser stated that on a single particular plat it would be. Grasser said previous plats for the area showed road right-of-way on 48th Street but based on discussions with the property owner, a right-of-way was not included. Grasser said the city felt services could be delivered with the right-of-way as a necessity and did not require the dedication. There is dedication of right-of-way along 32nd Avenue South.
Hagness said this would be the time to take the dedication and avoid having to buy it later.
Grasser stated the likelihood now was that the city would not be forced into buying access. He said if he thought the city would be forced into that situation he would be pushing now to have the acquisition of the right-of-way. Not having it might affect some options in the future, but should not be a problem based on the concept plan shown earlier. All lots would have access although some lots might have to be up-sized. Most of the utilities would be along 48th Street.
Hagness told Kreun when the Columbia Mall property was platted, the lot was recommended as shown by former planning personnel and was not the fault of the developer.
Lee asked Gengler to point out the area of the property plat on the concept plan drawn by the engineering department. Gengler pointed out the animal clinic area and the proposed plat area with planned accesses. Then he pointed to 48th Street that would be a fully dedicated (possibly minor arterial roadway) roadway.
Malm opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY DR. KWEIT AND SECOND BY DR. HALL TO GRANT FINAL APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion
2. Label right-of-way to be dedicated and include ordinance number.
3. Submit copy of filed private access agreement on unplatted lands west of plat boundary. Access driveway improvements will center on the west line of Lot 1.
4. Include utility easements along the perimeter of Lot 1 as shown.
5. Show access control along the north line of 32nd Avenue South except 20-feet on either side of the west line of Lot 1.
6. Show 40’x60’ private access easement to be platted at a future date. Include document number.
MOTION CARRIED UNANIMOUSLY.
3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF CRARY DEVELOPMENT, INC., FOR FINAL APPROVAL OF AN
ORDINANCE TO AMEND THE ZONING MAP
TO REZONE AND EXCLUDE FROM THE COLUMBIA PARK WEST PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 1, AND TO
INCLUDE WITHIN THE COLUMBIA PARK WEST PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 2
, ALL OF COLUMBIA PARK 22ND ,23RD , AND 28TH ADDITIONS AND JOHNSON’S WEST FIRST ADDITION, TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND ALSO TO INCLUDE UNPLATTED PORTIONS OF THE SOUTHEAST QUARTER OF SECTION 18, TWP 151 NORTH, RANGE 50 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, LYING NORTH OF AND ADJACENT TO 32ND AVENUE SOUTH.
Gengler reviewed the zoning request for the proposed area as discussed under 3-1. Concept Amendment No. 2 covers the plat area of Johnson’s West First Addition and the remainder of the property in straight line west to what is designated as the future South 48th Street. The proposed area for TSC would be rezoned from A-2 (Agricultural Reserve) to B-3 (General Business) type uses. The remainder of the property in the concept area would remain in the A-2 (Agricultural Reserve) District.
Hagness asked about annexation of adjoining property known as Kindness Animal Hospital. Gengler stated he had reviewed the records and there was documentation of an agreement between the hospital owner and the city in 1995 that upon request for city utilities or a five-year period, the property could be annexed. Nothing has occurred on the annexation to date.
Hagness stated that development has started in that area and the properties are contiguous and should be annexed. He stated there is development on the opposite side of the road but utilities have to be provided and would function for the hospital as well as the proposed development. The agreement was made and annexation of that property should be included. The city should not be leap-frogging annexation of developed properties.
Potter said he preferred not to do that at this time. There was a request for annexation and to include a hostile annexation might delay the process. He said staff would pursue the annexation for the animal hospital in October but wanted to keep the annexations separate.
Kreun said the city should possibly consider looking at annexation of the entire area to South 48th Street. Potter said that discussion could continue to a later date.
Matejcek said although it is not mandatory, a policy has been set that all landowners be notified and he recommended that be followed in this case to notify Dr. Odegard and Mrs. Maier.
Malm opened the public hearing. There was no one to speak and the public hearing was closed.
Gengler noted commissioners were given a supplemental sheet showing the most current special conditions attached to the concept plan.
Matejcek pointed out that technically all the properties and utilities have been annexed along South 32nd Avenue South and it is connected so it would not be considered leap-frogging. The animal hospital owner does pay city taxes on that portion of the property.
MOTION BY KREUN AND SECOND BY DR. KWEIT TO GRANT FINAL APPROVAL OF THE CONCEPT DEVELOPMENT PLAN AS PRESENTED SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Show a heavy border around entire PUD.
2. Show all development data for the entire PUD. Include all subdivisions that are within the PUD.
3. Ensure that all dimensions of Johnson’s West First Addition, as shown on the CDP, are the same as shown on the final plat.
4. Show solid lines for all platted lots within the PUD.
5. Label the land uses for each lot.
6. Show the names of all subdivisions.
7. In the title block, include all subdivisions for the legal description.
8. Add the following notes:
5. Amendment No. 1.: Amended the PUD by including Columbia Park 28th Addition.
6. Amendment No. 2: Amended the PUD by including Johnson’s West First Addition and unplatted portions of the southeast quarter of Section 18, TWP 151 Range 50 West.
MOTION CARRIED UNANIMOUSLY.
3-3.
MATTER OF THE PETITION FROM CRARY DEVELOPMENT FOR APPROVAL OF AN ORDINANCE TO
ANNEX ALL THOSE LANDS TO BE KNOWN AS LOT 1, BLOCK 1, JOHNSON’S WEST FIRST ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, EXCEPT PARTS PREVIOUSLY ANNEXED, CONTAINING 3.79 ACRES, MORE OR LESS AS SHOWN ON THE MAP INCLUDED HEREIN, WHICH IS BY REFERENCE MADE A PART HEREOF. THE PROPERTY IS LOCATED IN THE 4400 BLOCK OF 32ND AVENUE SOUTH.
Gengler reviewed the request, stating the annexation was discussed under the previous item.
MOTION BY HUTCHISON AND SECOND BY KERIAN TO APPROVE THE ANNEXATION OF THE PROPERTY AS PRESENTED. MOTION CARRIED UNANIMOUSLY.
3-4.
(PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF THE CITY OF GRAND FORKS, NORTH DAKOTA, FOR FINAL APPROVAL OF THE
PLAT OF AUDITOR’S RESUBDIVISION NO. 38
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED IN THE 2400 BLOCK OF BELMONT ROAD.
Gengler reviewed the request stating half of the plat property would be devoted to the city’s flood protection plan and the other half would be for the Myra Museum layout. Some of the museum structures had to be re-located away from the dike wall and the existing townhome development was re-located. The only addition to the plat is a street and highway ordinance for the dedication of a portion of Belmont Road that did not show to be dedicated on a plat (minor housekeeping).
Malm opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY LEE AND SECOND BY WHITCOMB TO GRANT FINAL APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
2. Re-number lots as shown.
3. To accommodate existing driveway, show 30-foot wide ingress/egress easement across the north side of Lot 2.
4. Designate west 20-feet of Lot 5 as “access and utility easement” to serve Lot 4.
5. Show monument set at all lot corners.
MOTION CARRIED UNANIMOUSLY.
3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM JOHN MORBERG, ON BEHALF OF GOWAN CONSTRUCTION FOR APPROVAL OF AN
APPEAL
FOR THE GOWAN CONSTRUCTION OFFICE AND STORAGE BUILDING DETAILED DEVELOPMENT PLAN,
VERN’S PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN
, LOCATED AT 1601 NORTH 73RD STREET.
THE APPEAL RELATES TO THE REQUIREMENTS OF SECTION 18-0302 (12) (A) REQUIRING PARKING AREAS AND ACCESS DRIVES TO BE HARDSURFACED AND SECTION 18-0309 (5)(D)(5) REQUIRING PARKING AREAS TO BE SEPARATED FROM LANDSCAPING BY STANDARD CURB AND GUTTER.
Durrenberger said a request occurred during review of the detailed development plan for Gowan Construction located in the Vern’s PUD (Planned Unit Development). The company requested to delay surfacing parking areas, driveways and approaches. Gowan Construction representatives said they would pave it once the street was improved from gravel to hard surface. Durrenberger stated in researching previous actions for properties in the PUD, the planning commission had approved delays in paving the driveways and approaches, but not for the parking areas. Staff recommendation was to follow the same decision for Gowan Construction and require paving of parking area and adjacent driveway. That did not include the major driveway and approach.
Kerian asked if Durrenberger had discussed the paving of the parking area with Gowan representatives. Durrenberger said he had told the representative what the staff recommendation would be but the decision was to continue with the request.
Malm opened the public hearing.
Curt Horner, Gowan representative, said the plan was to start construction of the facility yet this fall. Due to the lateness of starting the construction, the request was made to delay the paving until the next construction season. He stated there are three other businesses located by their property - one is another contractor and there are two buildings owned by Vern Gornowicz. He stated there are some concrete aprons in front of the other buildings but was unsure if all the parking areas were paved.
Durrenberger said the seasonal delay was not necessarily aligned with the variances in other properties that access off gravel roads. The seasonal delay would not be part of the request. If construction of the facility was very late in the building season, Building Inspections would allow a delay. It could be graveled and after spring thaw, paving could be completed.
Bev Collings, Building and Zoning Administrator, said that was true and considered a part of living and building in North Dakota.
Malm closed the public hearing.
Dr. Kweit asked for clarification from Durrenberger on staff’s position.
Durrenberger said the staff recommendation would be to require the company to pave the core parking lot and driveway adjacent to the parking area on the side of the facility. They would not be required to pave the large area in front of the facility and the approach until the adjacent street is hard surfaced.
MOTION BY DR. KWEIT AND SECOND BY HAGNESS TO REQUIRE PAVING OF THE CORE PARKING LOT AND DRIVEWAY AREA AND TO ALLOW A DELAY OF PAVING THE LARGE PARKING AREA AND APPROACH UNTIL THE ADJACENT STREET IS HARD SURFACED. MOTION CARRIED UNANIMOUSLY.
3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM MARNA AND PAUL KOBE FOR APPROVAL OF A
VARIANCE TO THE LAND DEVELOPMENT CODE, ARTICLE 9, SUBDIVISION REGULATIONS, SECTION 18-0907; FOR LOT 4, BLOCK 1, SUNSET ACRES 2ND ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA. THE PROPERTY IS LOCATED AT 634 SCHROEDER DRIVE.
THE PURPOSE OF THE VARIANCE IS TO VARY THE ACCESS TO A COLLECTOR STREET.
Durrenberger reviewed the request, stating the owners are requesting a secondary driveway to their home that accesses onto Cherry Street. In reviewing the neighboring properties, Durrenberger noted there were two driveways to the north and eight driveways to the south of the requesting property that access onto Cherry Street. He said the plat was approved in the 70’s and Cherry Street was probably not designated as a collector at that time or there was not a restriction of collector street access. Since there are adjacent properties in the neighborhood with access onto Cherry Street, staff recommendation was for approval.
Malm opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY DREES AND SECOND BY HUTCHISON TO APPROVE THE REQUEST AS PRESENTED. MOTION CARRIED UNANIMOUSLY.
3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF MENARD, INC., FOR FINAL APPROVAL (FAST TRACK) OF THE
REPLAT OF LOTS 3 AND 4, BLOCK 1, COLUMBIA PARK 30TH RESUBDIVISION
TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT 3300 BLOCK OF 32ND AVENUE SOUTH.
Durrenberger reviewed the request for a replat in the former location of Menard Inc. The request is to relocate a lot line on one of the outlots. Menard’s has a prospective buyer who does not need the entire lot as platted. The lot line would be moved to the east. A site plan has been received for the business and after reviewing it he noted the impervious area was below the maximum requirement and adequate parking had been provided. One of the stipulations for the Menard’s replat was that each business had to stand on its own and would not be allowed to draw parking spaces from the new Menard property.
Doug Herzog, CPS, Ltd., stated he had met with the representatives of the national chain, the local owner, an architect and builder and they requested footings and foundation approval at their own risk until plans have been reviewed by all city staff. He requested that be part of the motion.
MOTION BY MATEJCEK AND SECOND BY WHITCOMB TO APPROVE MOVING THE LOT LINE AND ALLOWING A FOOTINGS AND FOUNDATION PERMIT SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1. Submit title opinion.
MOTION CARRIED UNANIMOUSLY.
3-8.
MATTER OF THE PETITION FROM BRANDEN BARTHOLOMEW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR APPROVAL TO
VACATE ALL OF FRANKLIN AVENUE NOT PREVIOUSLY VACATED
BETWEEN SOUTH THIRD STREET AND SOUTH FOURTH STREET ADJACENT TO LOTS 11 AND 12, BLOCK 5 AND LOTS 1 AND 2, BLOCK 8 OF
VIET’S ADDITION
TO THE CITY OF GRAND FORKS, ND. THE PROPERTY IS LOCATED BETWEEN THE 400 AND 500 BLOCKS OF SOUTH 3RD AND 4TH STREETS.
Durrenberger reviewed the request. The city requested the vacation in order to fence across the right-of-way and have a secured entrance to the Water Treatment Plant. Truck deliveries would gain access through the gates if necessary but otherwise it would be a secured area.
MOTION BY KERIAN AND SECOND BY DREES TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.
3-9.
MATTER OF THE PETITION FROM CIRCLE K BUILDERS, INC. FOR APPROVAL TO
VACATE
LANDS PLATTED AS A 33-FOOT WIDE SERVICE ROAD ADJACENT TO LOTS 2 AND 3, BLOCK 1,
HARTY’S PROPERTY SUBDIVISION
TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT 4224 AND 4300 GATEWAY DRIVE.
Durrenberger reviewed the request. He stated a request by the property owner of Lot 3 had been received for vacation of the existing frontage road. The property owner talked to the neighboring property owner who also signed the petition to vacate a 33-foot wide service road. Durrenberger said the area was a frontage road that never materialized. Staff recommendation was to approve the vacation request.
MOTION BY DR. KWEIT AND SECOND BY SMITH APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.
4. COMMUNICATIONS AND PRELIMINARY APPROVALS:
4-1. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF WILLIAM KNIPE, FOR PRELIMINARY APPROVAL OF THE
PLAT OF KNIPE’S FIRST ADDITION
TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND LOCATED IN THE 3000 BLOCK OF SOUTH 69TH STREET.
Durrenberger reviewed the request, stating the plat is for a large lot rural residential subdivision. Several years ago it was previously proposed as Berg’s 2nd Addition. The family divided the property and the property owner of the southern portion desires to plat the property. Durrenberger stated staff worked with the engineer to match up the rights-of-way to match the city’s separation requirements. He noted a half-platted street on the north side of the property that would provide access to Lot 7 which does not have access from the local street or 69th Street. Private accesses have been kept to a minimum based on subdivision separation requirements. Staff recommendation is for preliminary approval.
Doug Herzog, CPS, Ltd, asked if No. 11 of the special conditions (Show on the drawing and identify in the legend a tentative layout for future streets and smaller residential lots) was really necessary since the property would be outside the line of protection or on the other side of the English Coulee Diversion. He said he doubted the lots would ever be any smaller.
Malm said a lot of thought had been given to the issue of what will occur outside of the flood protection area.
Herzog said there was not strong feelings either way but it is a guess showing dash lines for residential streets, etc.
Drees said he agreed with Mr. Herzog.
MOTION BY DREES AND SECOND HAGNESS TO GRANT PRELIMINARY APPROVAL OF THE PLAT BUT TO OMIT SPECIAL CONDITION NO. 11 AND ALSO SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS:
1.
Submit title opinion.
2. Show monument set at all lot corners.
3. Include square footages of all lots.
4. Show access control along South 69th Street.
5. Include bearings for all line segments.
6. Number and include data for all curves.
7. Culvert sizes along 69th Street will be determined by the Grand Forks Water District.
8. Show right-of-way reservation lines on drawing and in legend.
9. Plat is subject to 8% park and open space requirement.
10. Show and dimension existing drainway ditch right-of-way along the east side of 69th Street.
11. Show on the drawing and identify in the legend a tentative layout for future streets and smaller residential lots.
12. Include 10-foot utility easements as shown.
13. Add name to Loop Street.
14. Add verbiage to plat title as shown.
Hagness said he wanted to congratulate Mr. Herzog and the developer for planning the layout in the county and said he thought it would work well in cul-de-sac areas in the city.
MOTION CARRIED UNANIMOUSLY.
5. REPORTS FROM THE PLANNING DEPARTMENT:
None.
6.
OTHER BUSINESS:
Malm announced there were citizens who wished to discuss a problem in their neighborhood and ask for assistance or guidance from the Commission.
Kim Novak, 2103 9th Avenue North, Judy Klaus, 2104 9th Avenue North, and Jerry Severson of 2515 5th Avenue North.
Kim Novak, 2103 9th Avenue North, stated their neighborhood had become inundated with college students living in private residences that were being rented out. She read a letter she had sent to her neighbors regarding the plight of their neighborhood and asked for support in gaining some help from the city. She noted there are homeowners who are turning their residences into rental property for UND students. She stated some of them were not a problem but some were constant problems. In some instances, the landlord has moved away and appears to remain unaware of the parties, drinking and excess number of people residing in one household. She wanted the Commission to know that the homeowners who live in the area with families have invested money, time and effort in their homes. They do not want their properties de-valued by the rental property. The neighbors end up calling the police many times because of the loudness of the parties and party goers. The main complaint is one homeowner who has three single family residences converted into rental properties on the north side of town but the landlord lives in Bismarck. The area they live in has been zoned R-2 (one and two family residence) District. Mrs. Novak stated she has no problem living around college students, but the streets have become parking lots with up to eight people living in the same residence, the added noise and the possibility of devaluation of their homes. She stated her problem was not with the students who live in the homes but the lack of care and concern of the landlord. She said they might not be able to do anything about what has already happened to their neighborhood but wondered if a covenant of the neighborhood would help to abate the problem in the future.
Jerry Severson, 2515 5th Avenue North, said he had researched the issue and found that the same thing is happening all over, predominately in cities with universities. He stated Harvard bought all the land around the university in order to prevent the problem of people moving close to the school and partying. He noted the police had to be called when school started because of all the students partying and drinking.
Kreun stated the zoning is R-2 so it allows the homeowner to convert a residence into a duplex. He asked how many could live in a converted home.
Mrs. Novak said she was told that four non-blood relatives could live in each unit of a converted residence.
Kreun stated that to convert a single family home into a multiple home the homeowner had to get a building permit to make necessary changes. He asked if the homeowner has acquired the permits and made the necessary changes?
Judy Klaus stated a couple by them was renovating their home and had not gotten a building permit. However, the Inspections Department had notified the homeowner about the requirement to obtain a permit to change a single family home into a duplex.
Kreun suggested they start a petition to change their zoning from R-2 to R-1 (single family) District and then homeowners could not convert the homes to duplexes. He suggested they not go with covenants because they would only be as good as the people who live there and when people move away the new owner is not necessarily bound by the covenant of the previous owner. Covenants are usually not enforceable.
Bev Collings, Building and Zoning Administrator, stated the situation is unfortunate. It happens all over the city but becomes worse in certain areas. She said it used to be based on the lower priced homes in town but more and more is moving into the UND area. She noted that the homeowner renovating his home called the city as soon as he was notified. He also owns other properties in town but has made application for permits and talked to the planning staff about off-street parking. She stated he was very good to deal with. His son attends UND and lives in town, so there is a contact person for the properties. The homeowner in question intends to do everything required by September 30, the deadline set in the letter. The homeowner was trying to find a contractor and a permit was not issued to him until he finds one. Ms Collings said there were requirements to follow such as height restrictions but some of them were grandfathered in. She noted her office was in the process of investigating one plan to convert a duplex residence into a three-plex and that is not allowed in the code for the R-2 District. There used to be sleeping rooms in town but her office has been able to shut down most of those. Some of them close to UND have been grandfathered in.
Hagness asked Collings questions regarding requirements. Ms. Collings said a converted single family home into a duplex would have to have a complete kitchen and bathroom facilities on each level and only four non-blood people could legally live in each unit together.
Hagness asked where to go with the issue now.
Potter said four entities could commence a rezoning – one would be a landowner, one would be the planning commission, one would be the city council and one would be the planning department. He suggested the petition be started that would show a definitive area to be rezoned. The planning department could then start the process for rezoning.
Kreun asked Potter to assist the homeowners speaking on the issue by drawing up a petition and assist them in defining an area.
Potter stated he would assist them and would also ask Mr. Hamerlik (city councilman for the area) to help them and start the process in October.
Hutchison asked if a certain percentage of the neighborhood had to sign the petition. Potter said he thought it would have to be 50% or more.
Matejcek suggested the homeowners get the phone number of the landlord who lives in Bismarck and call him, even in the middle of the night, when renters on his property are being obnoxious.
7. ADJOURNMENT.
MOTION BY MATEJCEK AND SECOND BY DR. KWEIT TO ADJOURN THE MEETING AT 8:18 P.M. MOTION CARRIED UNANIMOUSLY.
___________________________
John R. Drees, Secretary
___________________________
Gary K. Malm, President