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PLANNING AND ZONING COMMISSION
MEETING MINUTES
City of Grand Forks, North Dakota
May 4, 2005


1. MEMBERS PRESENT

The meeting was called to order by President Gary Malm with the following members present: John Drees, Al Grasser, Tom Hagness, Bill Hutchison, John Jeno, Curt Kreun, Dr. Robert Kweit, Frank Matejcek. Absent: Mayor (Dr.) Michael Brown, Dr. Lyle Hall, Dorette Kerian, Paula Lee, Sheryl Smith and Marijo Whitcomb. A quorum was present.

Staff present included Dennis Potter, City Planner; Charles Durrenberger, Senior Planner; and Brad Gengler, Senior Planner.

Malm announced that Carolyn Schalk, Planning and Zoning Commission secretary, was absent due to the death of her father in Texas and Dennis Potter would read the agenda headings into the record and record the meeting.

2. READING AND APPROVAL OF MINUTES FOR APRIL 6, 2005.

Malm asked if there were any additions or corrections to the minutes of April 6, 2005. There were no corrections or additions noted and Malm declared the minutes approved as presented.

3. PUBLIC HEARINGS, FINAL APPROVALS, PETITIONS AND MINOR CHANGES:

3-1. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF COUNTRY DEVELOPMENT LLP, FOR FINAL APPROVAL OF THE PLAT OF COUNTRYVIEW THIRD RESUBDIVISION, TO THE CITY OF GRAND FORKS, ND, AND LOCATED NORTH OF ADAMS DRIVE AND EAST OF BELMONT ROAD.

Durrenberger reviewed the request, stating the plat had changed from what was presented at the April 6, 2005 Planning and Zoning Commission meeting. The plat presented at the meeting on April 6, 2005 was for a single-family residential subdivision consisting of nine lots. A requirement for a future street and lot plan was one of the conditions for preliminary approval. The developers resubmitted the plat for the entire property in order to layout streets, utilities and rights-of-way. Staff recommendation was for final approval subject to special conditions shown on or attached to the review copy and to also include approval of the street and highway ordinance.

Malm opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY HAGNESS AND SECOND BY KREUN TO GRANT FINAL APPROVAL OF THE PLAT OF COUNTRYVIEW THIRD RESUBDIVISION SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY AND TO INCLUDE APPROVAL OF THE STREET AND HIGHWAY ORDINANCE:
1. Submit title opinion.
2. Extend access control 30 feet east of Belmont Road on Christian Drive and 30 feet north of Adams Drive on Jackson Street.
3. Curve No. 5 on drawing should be 283.51 feet/
4. Add vacation Document No. 529585.
5. Show bearings and distances for 30-foot utility easement south of Christian Drive cul-de-sac.
6. Dimension and label 20-foot utility easement between Lots 7 and 8.
7. Use current dates in City Council approval.

MOTION CARRIED UNANIMOUSLY.


3-2. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS. LTD., ON BEHALF OF COUNTRY DEVELOPMENT LLP, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE A-2 (AGRICULTURAL RESERVE) DISTRICT AND TO INCLUDE WITHIN THE R-1 (SINGLE FAMILY RESIDENCE) DISTRICT, FOR ALL OF COUNTRYVIEW THIRD RESUBDIVISION, LOCATED IN THE 5400 BLOCK OF BELMONT ROAD.

Durrenberger reviewed the request, stating the zoning ordinance had been amended to reflect a request from the developers as follows: the original nine lots (Block 1) to be rezoned from A-2 (Agricultural Reserve) District to R-1 (Single Family Residence) District; and Lot 10 of Block 1 and Block 2 to remain as A-2 (Agricultural Reserve) District.

Malm opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY HUTCHISON AND SECOND BY MATEJCEK TO GRANT FINAL APPROVAL OF THE REZONING REQUEST AS PRESENTED. MOTION CARRIED UNANIMOUSLY.


3-3. (PUBLIC HEARING) MATTER OF THE REQUEST FROM GREG OPP, ON BEHALF OF ROADRUNNER INVESTMENT LLC, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE FROM THE B-3 (GENERAL BUSINESS) DISTRICT AND TO INCLUDE WITHIN THE R-2 (ONE AND TWO-FAMILY RESIDENCE) DISTRICT, LOTS 11 AND 12, BLOCK 9, IN THE WESTACOTT’S ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 1734 12TH AVENUE NORTH.

Durrenberger reviewed the zoning request. The petitioner wishes to move a rental residence he owns located at 714 12th Avenue North and relocate it to another property he owns at 1734 12th Avenue North, presently zoned B-3 (General Business) District. Rezoning the property to R-2 (One and Two Family Residence) District would not be spot zoning. The owner plans to add a new basement to the residence and rent it out to house business associates. Staff recommendation was for final approval.

Malm opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY DR. KWEIT AND SECOND BY DREES TO GRANT FINAL APPROVAL TO THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.

3-4. (PUBLIC HEARING) MATTER OF THE REQUEST FROM ADVANCED ENGINEERING, INC., ON BEHALF OF LOIS MAIER, FOR FINAL APPROVAL OF THE PLAT OF REAL PRESENCE RADIO ADDITION TO THE CITY OF GRAND FORKS, ND AND LOCATED AT DEMERS AVENUE AND SOUTH 69TH STREET.

MOTION BY DR. KWEIT AND SECOND BY MATEJCEK TO TABLE THE ITEM AT THE REQUEST OF THE PETITIONER. MOTION CARRIED UNANIMOUSLY.


3-5. (PUBLIC HEARING) MATTER OF THE REQUEST FROM STEVE SWANSON, ADVANCED ENGINEERING, ON BEHALF OF COTTAGE HOMESTEADS OF AMERICA, INC., FOR FINAL APPROVAL OF THE PLAT OF COTTAGE HOMES ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED WEST OF SOUTH WASHINGTON STREET BETWEEN 40TH AND 44TH AVENUE SOUTH.

MOTION BY DREES AND SECOND BY HUTCHISON TO TABLE THE ITEM AT THE REQUEST OF THE PETITIONER. MOTION CARRIED UNANIMOUSLY.


3-6. (PUBLIC HEARING) MATTER OF THE REQUEST FROM STEVE SWANSON, ADVANCED ENGINEERING, ON BEHALF OF COTTAGE HOMESTEADS OF AMERICA INC., FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE A-2 (AGRICULTURAL RESERVE) DISTRICT AND TO INCLUDE WITHIN THE COTTAGE HOMES ADDITION PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, ALL OF COTTAGE HOMES ADDITION, LOCATED WEST OF SOUTH WASHINGTON STREET BETWEEN 40TH AVENUE SOUTH AND 44TH AVENUE SOUTH.

MOTION BY DR. KWEIT AND SECOND BY MATEJCEK TO TABLE THE ITEM AT THE REQUEST OF THE PETITIONER. MOTION CARRIED UNANIMOUSLY.


3-7. (PUBLIC HEARING) MATTER OF THE REQUEST FROM RED RIVER VALLEY COMMUNITY ACTION, ON BEHALF OF CLYDE VARNSON, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE B-3 (GENERAL BUSINESS) DISTRICT AND TO INCLUDE WITHIN THE B-1 (LIMITED BUSINESS) DISTRICT, LOTS B, C, & 8, BLOCK 51, ALEXANDER AND IVES ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT 1015-1021 NORTH 5TH STREET.

Durrenberger reviewed the request, stating the Red River Valley Community Action planned to remove the houses currently in place and construct a temporary living facility for families. The current zoning does not allow residential uses to be constructed in the area with B-3 (General Business) zoning. Rezoning the property to B-1 (Limited Business) District would allow the office and residential (multi-family) units. Staff recommendation was for final approval.

There was a discussion of the change from B-3 to B-1. Durrenberger noted the area included mixed uses of commercial, converted homes to businesses, etc. Rezoning the property to B-1 would still allow some businesses but also allow the flexibility of residential units.

Dr. Kweit said he was concerned about setting a spot zoning precedent.

Potter reported that in order for Community Action to utilize the property they way they wished, the options were to rezone it to either R-4 or B-1. By using the B-1 District, there would still be the option for continuation of a commercial concept and also include the residential aspect.

Malm opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY DREES AND SECOND BY HAGNESS TO GRANT APPROVAL OF THE REZONING REQUEST. MOTION CARRIED UNANIMOUSLY.


3-8. (PUBLIC HEARING) MATTER OF THE REQUEST FROM RAY LECLERC FOR FINAL APPROVAL (FAST TRACK) OF A REPLAT OF LOTS 4 AND 7, BLOCK A OF A REPLAT OF ALL OF BLOCKS 1 AND 2, LECLERC’S ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED ON PEYTON’S PLACE CIRCLE.

Durrenberger reviewed the request, stating the replat would allow a lot line to be moved. The current lot line is in the center of an easement and moving the lot line would increase Lot A and decrease Lot B. No additional right-of-way would be necessary as the frontage onto Peyton’s Place Circle would not be altered. Staff recommendation was for final approval.

Malm opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY DR. KWEIT AND SECOND BY MATEJCEK TO GRANT FINAL APPROVAL OF THE REPLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Use correct registration number in surveyor’s certificate (2257).

MOTION CARRIED UNANIMOUSLY.


3-9. MATTER OF THE PETITION FROM PG, LLC FOR APPROVAL TO VACATE A 20-FOOT UTILITY EASEMENT IN LOT 1, BLOCK 1, WESTACOTT’S 4TH RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT 2215 GATEWAY DRIVE.

Durrenberger reviewed the request stating the property was the original Happy Harry’s Package Store. The building was built over an existing unused utility easement. The owner requested the vacation of the easement in order to sell the property.

MOTION BY DR. KWEIT AND SECOND BY HUTCHISON TO APPROVE THE VACATION REQUEST. MOTION CARRRIED UNANIMOUSLY.



3-10. (PUBLIC HEARING) MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF SOUTHERN ESTATES LLP, FOR FINAL APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE AND REZONE FROM THE SOUTHERN ESTATES PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 3 AND TO INCLUDE WITHIN THE SOUTHERN ESTATES PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4, ALL OF COLUMBIA PARK 24TH AND 26TH ADDITIONS, COLUMBIA PARK 29TH RESUBDIVISION, ALL OF SOUTHERN ESTATES FIRST, SECOND, THIRD AND FOURTH ADDITIONS TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND ALSO TO INCLUDE UNPLATTED PORTIONS OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPAL MERIDIAN, AND LOCATED EAST OF COLUMBIA ROAD BETWEEN 36TH AND 47TH AVENUE SOUTH.

Gengler reviewed the request stating it was a minor housekeeping measure required to fulfill accommodations for single-family in the recently platted Southern Estates 4th Addition. Staff recommendation was for final approval.

Malm opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY DREES AND SECOND BY DR. KWEIT TO GRANT FINAL APPROVAL TO THE CONCEPT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITION SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Show correct approval dates and ordinance number.

MOTION CARRIED UNANIMOUSLY.


3-11. (PUBLIC HEARING) MATTER OF THE REQUEST FROM BRANDEN BARTHOLOMEW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR FINAL APPROVAL (FAST TRACK) OF THE PLAT OF HUGHES FIRST RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, LOCATED IN THE 3600 BLOCK OF BELMONT ROAD.

Gengler reviewed the plat request, stating it was one of several related to the city’s flood protection project. The plat would reduce the back yards of existing plats on Belmont Road. Lots 3, 4 and 5 would be city owned as part of the dike system. The dike would not be built on the remaining Lots 4 and 5 and the property would be sold with first option being offered to the owners of Lots 1 and 2. Staff recommendation was for final approval.

Malm opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY DR. KWEIT AND SECOND BY HUTCHISON TO GRANT FINAL APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show monuments to be set.
3. Include square footage for all lots.
4. Use dashed meaner line along the river
5. Add right-of-way width for Belmont Road.

MOTION CARRIED UNANIMOUSLY.


3-12. MATTER OF THE PETITION FROM BRANDEN BARTHOLOMEW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR APPROVAL TO VACATE STREET, PUBLIC ACCESS AND BIKEWAY WALKWAY LYING WITHIN LOTS 2,3,4,5,& 6, BLOCK 1, HUGHES ADDITION TO THE CITY OF GRAND FORKS, ND AND LOCATED IN THE 3600 BLOCK OF BELMONT ROAD.

Gengler reviewed the request. Approval of the vacation request would eliminate the unneeded existing easements shown on the plat. Staff recommendation was for final approval.

MOTION BY DR. KWEIT AND SECOND BY KREUN TO GRANT APPROVAL OF THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.


3-13. (PUBLIC HEARING) MATTER OF THE REQUEST FROM BRANDEN BARTHOLOMEW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, DEAN CURRAN AND ARDUS NELSON, FOR FINAL APPROVAL (FAST TRACK) OF THE PLAT OF DEAN’S 2ND RESUBDIVISION TO THE CITY OF GRAND FORKS, ND, AND LOCATED IN THE 3500 BLOCK OF BELMONT ROAD.

Gengler reviewed the request stating it was almost identical to the previously discussed Hughes Plat. The plat for Dean’s 2nd Resubdivision was created as part of the city’s flood protection project. Staff recommendation was for final approval.

Malm opened the public hearing. There was no one to speak and the public hearing was closed.
MOTION BY DREES AND SECOND BY DR. KWEIT TO GRANT FINAL APPROVAL TO THE PLAT REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show monuments to be set.
3. Show previous name of addition as Dean’s 2nd Addition.
4. Dimension Belmont Road at 100 feet.

MOTION CARRIED UNANIMOUSLY.


3-14. MATTER OF THE PETITION FROM BRANDEN BARTHOLOMEW, ON BEHALF OF THE CITY OF GRAND FORKS, ND, FOR APPROVAL TO VACATE STREET RIGHT-OF-WAY, UTILITY EASEMENTS AND BIKEWAY WALKWAY EASEMENTS, LYING WITHIN LOTS 1 THROUGH 4, BLOCK 1, IN DEAN’S 2ND SUBDIVISION TO THE CITY OF GRAND FORKS, ND, AND LOCATED IN THE 3500 BLOCK OF BELMONT ROAD.

Gengler reviewed the request stating approval of the vacation request would eliminate all unneeded or unnecessary easements attached to the plat of Dean’s 2nd Subdivision. Staff recommendation was for approval of the vacation request.

MOTION BY HAGNESS AND SECOND BY JENO TO APPROVE THE VACATION REQUEST. MOTION CARRIED UNANIMOUSLY.


3-15. (PUBLIC HEARING) MATTER OF THE REQUEST FROM BRANDEN BARTHOLOMEW, ON BEHALF OF THE CITY OF GRAND FORKS, ND AND PAULA DAVIS, FOR FINAL APPROVAL (FAST TRACK) OF THE PLAT OF DAVIS ADDITION TO THE CITY OF GRAND FORKS, ND, AND LOCATED AT 3605 BELMONT ROAD.

Gengler reviewed the request stating the plat was created as part of the city’s flood project. The plat would create two lots, with Lot 1 remaining in private ownership and Lot 2 under city ownership.

Malm opened the public hearing. There was no one to speak and the public hearing was closed.

MOTION BY HAGNESS AND SECOND BY KREUN TO APPROVE THE PLAT OF DAVIS ADDITION SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Show right-of-way width on Belmont Road.
3. Use dashed line along river.
4. Show monuments to be set.

MOTION CARRIED UNANIMOUSLY.


4. COMMUNICATIONS AND PRELIMINARY APPROVALS:

4-1. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF SOUTHERN ESTATES LLP, FOR PRELIMINARY APPROVAL OF THE PLAT OF SOUTHERN ESTATES FIFTH ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED WEST OF SOUTH 20TH STREET SOUTH OF THE DRAINWAY AND NORTH OF 43RD AVENUE SOUTH.

Gengler noted that 4-1, 4-2 and 4-3 were for the same property. The plat would provide 56 single-family residential lots within the Southern Estates PUD. The applicant would also be requesting an Affordable Housing Designation from the city. Gengler noted there were currently three affordable housing areas approved in the city, but city council would determine whether or not to allow that designation for the area. Staff recommendation was for preliminary approval.

MOTION BY DR. KWEIT AND SECOND BY HUTCHISON FOR APPROVAL OF THE PLAT OF SOUTHERN ESTATES FIFTH ADDITION, SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Include spot ground elevations.
3. Provide backyard drainage plan.
4. Label South 20th Street as a collector.
5. Add access control along South 20th Street and 30 feet west there of.
6. Name street between 41st and 42nd Avenues South.
7. Add 15-foot utility easements along each side of along dedicated right-of-ways of 70 feet.
8. Add 10-foot utility easements along each side of dedicated right-of-way of 80 feet.
9. Plat requires street and highway ordinance, annexation, and park dedication.
10. Affordable Housing Committee recommendations as approved by the City Council on 4/7/97 require a maximum lot width of 60 feet.

MOTION CARRIED UNANIMOUSLY.


4-2. MATTER OF THE REQUEST FROM CPS, LTD., ON BEHALF OF SOUTHERN ESTATES LLP, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO EXCLUDE AND REZONE FROM SOUTHERN ESTATES PUD (PLANNED UNIT DEVELOPMENT) CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 4, AND TO INCLUDE WITHIN THE SOUTHERN ESTATES PUD (PLANNED UNIT DEVELOPMENT), CONCEPT DEVELOPMENT PLAN, AMENDMENT NO. 5, ALL OF COLLUMBIA PARK 24TH AND 26TH ADDITIONS, COLUMBIA PARK 29TH RESUBDIVISION, ALL OF SOUTHERN ESTATES FIRST, SECOND, THIRD, FOURTH AND FIFTH ADDITIONS TO THE CITY OF GRAND FORKS, NORTH DAKOTA, AND ALSO TO INCLUDE UNPLATTED PORTIONS OF THE SOUTH HALF OF SECTION 21, TOWNSHIP 151 NORTH, RANGE 50 WEST OF THE 5TH PRINCIPAL MERIDIAN, LOCATED EAST OF COLUMBIA ROAD, BETWEEN 36TH AVENUE SOUTH AND 47TH AVENUE SOUTH

MOTION BY KREUN AND SECOND BY MATEJCEK FOR APPROVAL OF THE REQUEST SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Remove approval dates and ordinance number. These will be assigned upon final approval.
2. Show all existing platted streets within the entire PUD and the proposed streets within Southern Estates 5th Addition.
3. Verify and compare the dimensions of the proposed plat of Southern Estates 5th with the dimensions shown on the Concept Amendment No. 5 drawing. There may be a slight discrepancy between the two.
4. Add note on the drawing to identify the area for Amendment No. 4 (see review copy).
5. Remove “proposed” from Southern Estates 4th Addition.

MOTION CARRIED UNANIMOUSLY.


4-3. MATTER OF THE PETITION FROM GUY USELDINGER FOR APPROVAL OF AN ORDINANCE FOR ANNEXATION FOR ALL THAT AREA PLATTED AS SOUTHERN ESTATES FIFTH ADDITION, CONTAINING 17.06 ACRES, MORE OR LESS AND LOCATED WEST OF SOUTH 20TH STREET, SOUTH OF THE DRAINWAY AND NORTH OF 43RD AVENUE SOUTH.

MOTION BY HAGNESS AND SECOND BY KREUN TO APPROVE THE ANNEXATION REQUEST FOR SOUTHERN ESTATES FIFTH ADDITION. MOTION CARRIED UNANIMOUSLY.



4-4. MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS, ON BEHALF OF RESIDUAL MATERIALS, INC, LANDMARK INVESTMENTS, LLC, MINNKOTA POWER COOPERATIVE, INC., FOR PRELIMINARY APPROVAL OF THE PLAT OF AUDITOR’S SUBDIVISION NO. 39 TO THE CITY OF GRAND FORKS, ND AND LOCATED AT RED DOT PLACE.

Gengler reviewed the request stating it was another flood protection project. The lots on the plat are either city owned or privately owned. Staff recommendation was for preliminary approval.

MOTION BY DREES AND SECOND BY HUTCHISON TO APPROVE THE PLAT OF AUDITOR’S SUBDIVISION NO. 39 SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Correct plat title and description in owner’s certificate as shown.
3. Plat requires Street and Highway Ordinance for new right-of-way.
4. Indicate lands to be dedicated as public right-of-way.
5. Show new right-of-way along Red Dot Road.

MOTION CARRIED UNANIMOUSLY.


4-5. MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS AND ASSOCIATED POTATO GROWERS FOR PRELIMINARY APPROVAL OF THE REPLAT OF LOTS 1-16, BLOCK 4, LOT C, BLOCK 2 AND LOT C, BLOCK 3 OF THE GREAT NORTHERN FIRST ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED AT ALPHA AVENUE AND NORTH 6TH STREET.

Durrenberger reviewed the request stating it was a flood project related replat. He indicated the area that would be owned by the city and also the area privately owned. There were changes in the right-of-way and the plat would require a street and highway ordinance. Staff recommendation was for preliminary approval of the plat and the ordinance.

MOTION BY DREES AND SECOND BY DR. KWEIT TO APPROVE THE REPLAT OF THE GREAT NORTHERN FIRST ADDITION SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Correct plat title in heading and owners’ certificate as shown (Replat of Lots 1-16, Block 4 and Lot C, Block 2 and Lot C, Block 3 of the Replat of Lots 20-50 of Block 2 and Lots 1-56, Block 3 of Great Northern First Addition Grand Forks, North Dakota).
3. Plat as shown requires right-of-way vacation.
4. Add insert to drawing for southeast corner of Lot A, Block 4.
5. Use longer version of City Council consent with street and highway ordinance number.

MOTION CARRIED UNANIMOUSLY.


4-6. MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS AND FREDOON ANVARY FOR PRELIMINARY APPROVAL OF THE REPLAT OF LOTS 6 AND 7, RIVER OAKS ADDITION TO THE CITY OF GRAND FORKS, ND, LOCATED ON RIVER OAKS CIRCLE.

Durrenberger reviewed the request stating the replat was created as part of the city’s flood protection project. Staff recommendation was for preliminary approval.

MOTION BY HAGNESS AND SECOND BY HUTCHISON FOR PRELIMINARY APPROVAL OF THE REPLAT REQUEST, SUBJECT TO THE FOLLOWING SPECIAL CONDITIONS SHOWN ON OR ATTACHED TO THE REVIEW COPY:
1. Submit title opinion.
2. Add 10-foot utility easement along cul-de-sac.
3. Shade and vacate all of 20-foot alley south of Lot C.
4. Shade and vacate all of 30-foot bikeway and pedestrian easement along the Red River.
5. Add document number to existing easement along the north line of Lots B and C.
6. Correct date of City Council approval.

MOTION CARRIED UNANIMOUSLY.


4-7. MATTER OF THE REQUEST FROM THE CITY OF GRAND FORKS FOR APPROVAL TO VACATE A 20-FOOT WIDE ALLEY LYING 5 FEET ONTO LANDS PLATTED AS RIVER OAKS ADDITION AND 15 FEET ONTO LANDS PLATTED AS ANDERSON’S ADDITION, COMMENCING 189.14 FEET EASTERLY OF THE SOUTHWEST CORNER OF LANDS PLATTED AS LOT 6, RIVER OAKS ADDITION THENCE RUNNING EASTERLY TO THE EAST LINE OF ANDERSON’S ADDITION; AND A 30-FOOT-WIDE BIKEWAY AND PEDESTRIAN EASEMENT ALONG THE EASTSIDE OF LOTS 6 AND 7, RIVER OAKS ADDITION, ADJACENT TO THE RED RIVER.

Durrenberger reviewed the request stating approval of the vacation request would eliminate all unneeded easements attached to the plat of the River Oak Addition and the Anderson’s Addition. Staff recommendation was for approval of the vacation request.

MOTION BY KREUN AND SECOND BY DREES TO APPROVE THE VACATION REQUEST FOR THE RIVER OAKS ADDITION AND THE ANDERSON’S ADDITION. MOTION CARRIED UNANIMOUSLY.


4-8. MATTER OF THE REQUEST FROM MICHAEL ORSUA, ON BEHALF OF BENJAMIN ORSUA, FOR PRELIMINARY APPROVAL OF AN ORDINANCE TO AMEND THE ZONING MAP TO REZONE AND EXCLUDE FROM THE R-2 (ONE AND TWO-FAMILY RESIDENCE) DISTRICT AND TO INCLUDE WITHIN THE R-4 (MULTIPLE-FAMILY RESIDENCE, HIGH DENSITY) DISTRICT, LOT 12, BLOCK 11, SKIDMORE ADDITION TO THE CITY OF GRAND FORKS, NORTH DAKOTA, LOCATED AT 1502 NORTH 4TH STREET.

Gengler reviewed the request. The applicant requested rezoning from R-2 (One and Two Family Residence) District to the R-4 (Multiple Family Residence, High Density) District in order to add a third dwelling unit within the structure. The subject property is located adjacent to a current R-4 District. Staff recommendation was for approval contingent upon the owner providing the minimum number of off-street parking stalls required for multiple-family dwellings. A site plan for the property is under review by planning staff.

Bev Collings noted the property had been sold and did not belong to the Orsuas. The structure is currently three units but the owner is not being allowed to rent it as three units by the Inspections Office. Utilizing three units requires a sprinkler system and that may be difficult for the owner to provide. Collings noted the dwelling is a home, not a multi-family housing structure. She said with the problems noted in the University area (R-2 District), her office is trying to make sure the proper parking is in place and the rules on rental units are followed.

Hagness asked if adjoining neighbors had been notified of the request. Gengler said that would be done prior to final approval. Hagness spoke against rezoning to allow the three units and changing the area from R-2 to R-4. He said the single family neighbors would not want that in their neighborhood.

Malm said he would entertain a motion to table the item until the correct property ownership could be verified.

MOTION BY DR. KWEIT AND SECOND BY KREUN TO TABLE THE REQUEST UNTIL PROPERTY OWNERSHIP COULD BE ESTABLISHED. MOTION CARRIED UNANIMOUSLY.

5. REPORTS FROM THE PLANNING DEPARTMENT:

None.

6. OTHER BUSINESS:

Matejcek complimented the City Planning Director on his appointment as honorary base commander at Grand Forks Air Force Base.

7. ADJOURNMENT.


MOTION BY MATEJCEK AND SECOND BY DR. KWEIT TO ADJOURN THE MEETING AT 7:45 P.M. MOTION CARRIED UNANIMOUSLY.



___________________________
John R. Drees, Secretary



___________________________
Gary K. Malm, President