Council amends non-conforming structure ordinance

     Conforming and non-conforming buildings and structures occupied a good portion of the Monticello City Council’s March 19 meeting.

     At a prior council meeting, neighbors to property located at 525 S. Maple St. complained about the water and parking issues associated with the property.

     Steve Intlekofer is the owner of the property and wishes to erect a garage on the property for the tenants living in the house. However, the house is a non-conforming structure, and city code does not clearly define the addition of an accessory building on such a lot. A portion of the house also sits on the neighboring property.

     With this being the first reading to amend the Non-conforming Buildings and Structures Code, the council voted to pass the reading stating that a property that crosses property lines cannot have any improvements made to the property. This would include improvements to the house or non-conforming structure, as well as the addition of a garage. The first reading would allow for improvements so long as the non-conforming structure lies fully within the property, and the improvements would have to be made to an unattached structure that meets the city’s requirements.

     “The code is not 100 percent clear on this issue,” said City Administrator Doug Herman.

     Intlekofer was present to address the issue and told the council he simply wishes to make improvements to his property, and the bickering is “nothing but a pissing match between myself and the neighbors.”

     He said there are multiple non-conforming lots throughout the city, saying “it’s more pervasive than one would think.

     “Most of these are honest mistakes,” said Intlekofer. “It’s a common problem, not just my issue.”

     He urged the council to make a decision demonstrating “good public policy” going forward so as to fix the problem should this come up again.

     “Just because the property as a non-conforming feature, think of the incentive to keep the property going versus going to hell,” said Intlekofer. “Encourage someone to keep the property up in the long run.”

     Intlekofer is proposing a 20-by-24-foot garage on the S. Maple Street property that he said falls under the guidelines for that neighborhood.

     “If the garage is consistent with the rules it should be allowed, even if the house isn’t consistent,” said Intlekofer.

     In making the decision to amend the ordinance, Herman said it’s up to the council to decide what their overall goal is on this matter, and for the future.

     “Whatever way the council goes, we need to clear up the code,” said Herman.

     Council member Tom Yeoman said he didn’t feel a change to the ordinance was needed.

     “If it’s non-conforming, I don’t want to encourage future development. It needs to be conforming before it can be updated,” he said.

     While a quick decision is not needed, there will be two additional readings before the ordinance is amended.

     Public Works Director Brant LaGrange said Intlekofer has not applied for a building permit, nor paid the permit fee. The survey pins are in place on the property, though the survey has not yet been recorded.

In other city business:

     • Council member and Library Board Liaison Dave Goedken provided an update on the public library following their March 13 meeting. After the council voted to appropriate $122,500 toward the library with the caveat that the library make some hours and staffing changes, the library board voted to reduce its hours effective May 1.

     “I want a good library like everybody else,” commented Goedken, “but I take a conservative approach.”

     • The city hired Terracon Consultants to conduct a Phase I Environmental study on the property located at 103 W. First St. (former Compadres’ building). The report came back fine, and the city can now move forward with taking title and an asbestos inspection.

     • The council set two public hearings for Monday, April 16 at 6 p.m.: Abandonment of street right-of-way on N. Gill Street and the re-zoning of property located at 324 W. Second St. from R-2 to R-3.

     • The council approved the sixth pay request from Schaus-Vorhies in the amount of $29,667.92 for work related to the airport ten-T hangar project.