2.8.2022 Planning and Zoning Minutes

Vice Chair James Wright presided and called the meeting to order at 4:00pm on Tuesday, February 8th, 2022. Committee members present: Dave Carlsrud, Bill Carlblom, Bobby Koepplin, and Joe Faure. Absent: Mike Bishop and Chair Mike Schell
Others: City Attorney Carl Martineck, City Administrator Gwen Crawford, City Planner Joel Quanbeck, Acting Secretary/City Assessor Sandy Hansen and Assessor-in-Training Tina Current, Building Inspector Lance Coit, City Engineer Chad Pederson (KLJ). Mike Strom (KLJ).
Audience members: Mindy Tvedt, Travis Tvedt, and Tim Logan.
Dave Carlsrud moved to approve the Minutes of the January 11th, 2022 regular meeting, seconded by Bill Carlblom, followed by roll call and approval.
Building Inspector/Fire Inspector Report
Building Inspector Mike Blevins had sent an email of current projects but was not able to make the meeting. Building Inspector/Fire Inspector Lance Coit reported two permits right now: one for an egress window and one for a garage. The fire inspections are as normal.
Gwen Crawford spoke about the Storm Water Management Plans. The city has always required these plans, but hasn’t had very good follow-up on the completion of them. The new procedure for the Storm Water Management Plan (SWMP) will be that before an owner can receive the certificate of occupancy, they will need a permit from the city engineer that says the SWMP was completed.
Public Hearing for plat application for the land located south of I-94 and west of 8th Ave SE just outside of the municipal boundary of Valley City, Recommendation to City Commission.
Vice Chair Wright opened the public hearing, turning it over to City Planner Joel Quanbeck for explanation of the amendments. The plat is to divide the land being purchased by the Tvedts into 2 lots in order to conform with city subdivision regulations. The proposed use of Lot 1 Block 1 is consistent with the permitted use of the R-4 district. The proposed use of Lot 2 Block 1 is allowed as a non-conforming use, but may not be expanded or intensified. The proposed uses will meet all yard requirements for the R-4 district. The comprehensive plan indicates the future land use in this vicinity is primarily suburban. This includes residential development that has densities less than one residence per acre. A drainage plan or waiver from the drainage plan requirement must be provided in order to meet the subdivision regulation requirements for approval. Quanbeck explained the Tvedts applied for a variance for the sewer system. The board decided to discuss the plat application first and then move to the variance. No questions and no speakers from the audience on this. Carlblom gave a motion to close the public hearing with Joe Faure a second and board approval.
In board discussion, Bobby Koepplin asked if the 6.4 acres are in city limits or not. Quanbeck said it is within the one-mile extra territorial. Carlsrud asked about annexation; the owners do not want to annex at this time. Koepplin moved to recommend City Commission approve the plat with Quanbeck’s recommendations as follows: A) All infrastructures required to serve the proposed development have easements as required by title 16 of the Valley City Municipal Code and city engineering standards. B) the applicant shall give satisfactory assurance of the provision of all site improvements for the proposed development as required by VCMC section 16-01-06. C) The applicant shall ensure that all site improvements are consistent with the applicable design standards and infrastructure requirements. Carlblom seconded the motion with board approval.
Public hearing for a Variance application for a proposed residential lot (Lot1, block 1) the variance application is to allow an onsite septic system for the proposed residential lot instead of ta required connection to the City of Valley City sewer collection system
Vice Chair Wright opened the public hearing. Quanbeck explained his handouts regarding the variance. The VCMC Section 16-01-06 requirements that states within the corporate limits and within one-mile thereof, the sub-divider shall be required to install a sanitary sewer and connect the same to the city trunk line sewers in a manner prescribed by the board of city commissioners and according to state guidelines. The reason the variance request is sought is because the site applicant has chosen to place their house 650 feet away from the main sewer line. The applicants said they would need 7 clean-outs along that line and it would be a hardship. Recommendations for an approved variance is 1) A development agreement signed by the applicants and original property owner, and the City must be signed; 2) Said development agreement must plainly state that the applicants and property owners, and future property owners will only be allowed additional subdivision or development if connections are made to municipal sewer and water, and extension of city streets, for the residence the applicants plan to place on Lot 1 Block 1, and all future development; 3) Said development agreement shall also include such other requirements as determined by the board of commissioners. This includes but is not limited to requirements that will ensure the comprehensive plan can be implemented and that the intent of the provision will not be destroyed. This will be filed at the courthouse. At this time, Quanbeck said he does not think the variance should be approved as the hardships are self-inflicted. Tim Logan spoke and said he used to live in Sheyenne Circle where they all had individual sewers, and he does not agree it is a good thing to do. Koepplin moved to close the public hearing with Carlsrud a second and board approval.
Interior discussion on the variance began. Koepplin asked if the project would need a lift station. KLJ Engineer Mike Strom said they would not need one. Koepplin asked for an estimate of cost to hook up to city sewer but did not get an answer, but it was pointed out that this is a private line and the applicants would be responsible for the seven clean-outs needed. The board talked about whether they need to be annexed or not, and it was recommended it would be addressed in the development agreement. After saying the sewer line didn’t make sense for just one house, Koepplin moved to approve a do-pass to the City Commission of the variance with the three recommendations listed by Quanbeck, and the signed and recorded agreement. Carlsrud seconded the motion and the board approved.
Other
Discuss termination of Board of Adjustments and having the variances come to the Planning and Zoning board. The commissioners will have the final say on all variances and City Attorney Carl Martineck informed the board there will be an ordinance change on this matter.
Adjourn
With no other items to discuss, Vice Chair Wright called for the meeting to close at 4:48pm.
Submitted by: Tina Current, Acting Secretary