P&Z asked to consider amendments to city code

     Amendments are needed to the Monticello Municipal Code.

   During the Sept. 19 Monticello City Council meeting, the council voted to direct the city’s Planning & Zoning Commission to consider a change to the code.

   The situation came about after the approval of a building permit to a property owner at the corner of Gill Street and Fifth Street.

   A permit was issued for construction of a detached garage. This stirred up some controversy over the intent of the Zoning Ordinance and other terms in the City Code as they apply to accessory buildings.

   The permit, which was issued by city staff, is in compliance with the code concerning setbacks for a corner lot. However, due to where the house sits on the lot, the new garage is quite close to the street.

   As noted in the council’s packet, “It is probably not the intent of the code to allow such construction, but the city was obligated to issue the permit, as it was in compliance with the terms of the code.”

   With the property in question, the home’s front yard sits along Gill Street. Gill runs at an angle to Fifth Street. The front of the home is parallel to Gill, which means the home is at an angle to Fifth.

   The permit is for a detached garage to be built in the back of the home, facing Fifth Street. While the front of the garage will line up with the home, this places the garage closer to Fifth than the home itself.

   Under the city’s existing code, a detached accessory building can be located as close as 3 feet to a sidewalk or lot line.

   In most cases, setbacks are measured parallel to the property line. In this case, the property line allows the garage to be closer to the street than the house.

   In addition, the permit language within the code also needs to be updated to require a dimensioned site plan so city staff and the council fully understand the proposed construction and the relation to the lot lines. Right now, there is no requirement to show exactly where on one’s property the proposed construction is to be located.

   In the council’s direction to P&Z, they are seeking the following:

   • Define corner lot side yard setback as parallel to the street, not to the principal structure

   • Provide better clarification on how corner lot side yard setbacks apply to detached accessory structures

   • Provide more thorough site plan requirements for permit applications

   “We need to address the building permit process,” noted Mayor Dave Goedken. “The code is not very friendly with setbacks. And we need more detailed requirements with the permit to avoid issues in the future.”

   Goedken suggested visiting with City Attorney Doug Herman for the correct verbiage as to how these changes should be worded in amending the code.

   “We need to see as much distance between the garage and sidewalk,” added Goedken.

   Council member Brenda Hanken was also concerned about kids walking or riding their bikes in the sidewalk that close to a garage.

   Goedken prefaced that the current situation is not the fault of the owner; Public Works Director Nick Kahler issued the permit according to the code. If the permit is in compliance, the council doesn’t even see it, and the owner can begin construction.

   “If there are questions on the permit, then it comes to the council,” noted Goedken.

   Council members Candy Langerman and Scott Brighton both agreed that detailed site plans would be helpful in the future.