ZONING BOARD MINUTES
Regular Meeting
November 17, 2011 

The Morristown Zoning Board meeting was called to order on Thursday, November 17, 2011
at 7:06 p.m. in the Council Chambers at 402 Division Street South by Chairman Lonergan.   

Present:  Zoning Board Members, James Lonergan, Kurt Wolf, Mark Morris, Mike O’Rourke, also present was John Byers Zoning Administrator, Becky Kuball, City Clerk, Mark Rahrick, City Attorney 

Absent: Jack Blackmer 

Motion by O’Rourke seconded by Morris motion unanimously carries to approve the agenda as printed. 

Motion was made by Wolf to approve minutes as printed, motion Rescinded

Motion was made by Wolf seconded by Morris and carried unanimously to approve the minutes of the October 20, 2011 as printed with corrections. 

Report on City Council Action Taken at Last Meeting: none 

Requests to be Heard: None 

New Business: Morris questioned how far a sign would need to be on a property with setbacks. The Methodist Church is looking at putting up a sign. Byers will look into it and get back to Morris 

Unfinished Business:

Expiring Permits: Media permit is expired. Rahrick stated that if any more work is done on the property the city can issue a violation on the property. They would need to come in and reapply for a permit. A letter will need to be sent to Medina that the permit has expired and will need to be approved again.

Board has been very lenient with extensions of permits. Rahrick your ordinance states that the permit expires within one year, and then any work preformed after the permit is expired and before a new permit is issued is then a violation can be administrated. When a permit is issued the work should be completed within the time limit unless there are extortionate circumstances. 

Rahrick will do an amendment to 152.298 so that projects have to be finished by the expiration date or they are in violation of permit and two give some flexibility in shorting the permit time limit to finish project. 

Permit has expired for Taylor, and the driveway that was supposed to be hard surface up 25 feet has not been completed. Need to send a letter and let them know it needs to be done by June 1, 2012 

Brakemeier properties: Rahrick received letter from Brakemeier attorney. Brakemeier is the landowner and any permits issued are Brakemeier responsibility to make sure they are getting permits and that they are finished. Byers there are 42 permits that they can come in and pay for and get off the books and then work on the rest of the violations. Rahrick stated that the attorney for Brakemeier said that the homeowners are the ones that are doing the improvements to their home, Rahrick stated that he is the land owner and he is ultimately responsible for anything on the property and that he needs to let the home owners know that anything done in the park has to be cleared with the park owner and have a permit before anything is done.

Rebecca Deirks has sent over some of the time of sale inspection reports that she has inspected. The ones that she has sent over have failed and she would re inspect them once they are fixed. As of today none of them have been fixed.

Nothing in the ordinance states that they have to pass the time of sale inspection report. Rahrick will amend the ordinance to state that it needs to pass the inspection.

Rahrick said that if you’re going to fine them to do it all at once. Make them do the applications and pay the fees and then pick out the violations you want to assess to them and fine them on those. Board will need to approve the fine amount. 

Letter needs to be sent to Taylors about hard surfacing the end of their driveway, should have been done when house was built. Letter should include that it needs to be in compliance by June1, 2012. 

Zoning Administrator’s report:

Complete permits: Hiller roof, expired out but complete permits Shumacher, Velzke, Ackerman, Christenson 

Motion by Morris seconded by Wolf motion unanimously carries to approve the zoning administrator report 

Motion by Morris seconded by Wolf and motion unanimously carries to adjourn at 8:52 pm

Becky Kuball
City Clerk

ZONING BOARD MINUTES

Regular Meeting  October 20, 2011

The Morristown Zoning Board meeting was called to order on Thursday, October 20, 2011
at 7:07 p.m. in the Council Chambers at 402 Division Street South by Chairman Lonergan.

Present:  Zoning Board Members, James Lonergan, Kurt Wolf, Jack Blackmer, also present was John Byers Zoning Administrator, Becky Kuball, City Clerk, Ramon Medina

Absent: Mark Morris, Mike O’Rourke

Motion was made by Blackmer seconded by Wolf and carried unanimously to approve the minutes of the September 15, 2011 as printed

Report on City Council Action Taken at Last Meeting: Council approved the pop machine business and sign permit. Byers will stop over and talk to smith about the pop machine.

Requests to be Heard: None

New Business: None

Unfinished Business: Expiring permits, Medina/Hruska. Medina was informed that it is ultimately the homeowner’s responsibility to make sure the construction project is complete and if not that the homeowner would be the one that would end up with the administrative fines.

Motion by Blackmer seconded by Wolf motion unanimously carries that if the remodeling job is not complete by midnight on the 22^nd of October to proceed with administrating a fine of $115 and then a new permit would have to be paid for and issued.

Zoning Ordinances: None

Brakemeier properties: waiting on a response from the attorney Kuball will contact him again and see if he can make the meeting in November.

Zoning Administrator’s report: Permits issued to Hoffman-roof, Boese-deck, Marsh-roof, Judd-roof

Closing out Methodist Church-fence, Anderson-shingling, Duncan-window, roof, siding

Motion by Wolf seconded by Blackmer motion unanimously carries to approve the zoning administrator report

Motion by Blackmer seconded by Wolf and motion unanimously carries to adjourn at 7:58 pm

Becky Kuball
City Clerk

ZONING BOARD MINUTES

Regular Meeting

June 16, 2011 

The Morristown Zoning Board meeting was called to order on Thursday, June 16, 2011

at 7:05 p.m. in the Council Chambers at 402 Division Street South by Chairman Lonergan.   

Present:  Zoning Board Members, James Lonergan, Mike O’Rourke, Mark Morris, Jack Blackmer, Kurt Wolf also present was John Byers Zoning Administrator, Becky Kuball, City Clerk, Misty and Matt Bailey 

Motion by Blackmer seconded by O’Rourke motion unanimously carries to approve the agenda for June 16, 2011 

Motion was made by O’Rourke seconded by Blackmer and carried unanimously to approve the minutes of the May 19, 2011 as printed. 

Report on City Council Action Taken at Last Meeting: Blackmer questioned the status of the Brakemeier letter, Mayor stated he would get with Kuball and take care of it. 

Requests to be Heard: None 

New Business: Matt Bailey addressed the board looking to add onto the shed or barn, he received a 10 day notice from the police on the number of vehicle he has on his property and that he needed to get rid of some of them. After some discussion it was decided it was possible to add onto one of the buildings. Baileys took the zoning application and will get it filled out and returned. 

Old Business:

Zoning Ordinances: Motion by Blackmer seconded by O’Rourke motion unanimously carries to recommend to council to change fee structure for building permit to change existing .25 cents per sq foot fee to be for all zoning areas of Morristown city limits, except RM and add RM structure for Mobile homes to add permit fees of $250 for Single Wide and $450 for Double wide homes 

Brakemeier Properties: Blackmer and Morris met with Dustin Brakemeier at noon and discussed the violations in the mobile home park and informed him as the park/property owner that he is ultimately responsible for anything that is brought into the park, so he needs to make sure that everyone within the park are getting permits for anything that is being done so that the park stays compliant with the City of Morristown’s Ordinances. Brakemeier did have some issues with some of the moving and time of sale inspections due to them being repressions from the mortgage companies, as they just show up and take the home without any notice. Brakemeier was told that if that would happen, then they should call city hall and let them know and it would be noted. It was stressed that he cannot do his own time of sale inspections and that he is not an approved time of sale inspector for the city and he should contact Rebecca Deireks to have her do the inspections. He was told to talk with the city council about the fines if he wants to negotiate them down. As the board has handed that over to the council to administer the fines.                                                                                                                 

O’Rourke questioned if we could add a sign off spot for homeowners when the permit is being closed out. It was decided to just put a line on for signature of owner closing out permit. 

Zoning Administrator’s report:

Motion by Morris seconded by O’Rourke motion unanimously carries to approve lot #53 pending permit fee paid and sight drawing completed.

Blackmer applied for a window permit

Buenger- fence closed out

Rasmussen roof done siding still open

Thom- roof done, siding and windows still open

Beers-fence closed out

Nordmeier-shingling permit closed

Remington- received permit for shed 

Motion by O’Rourke seconded by Morris motion unanimously carries to approve the Zoning Administrators Report. 

Motion by O’Rourke seconded by Morris and motion carries to adjourn at 8:35 pm 

Becky Kuball

City Clerk

 

 

ZONING BOARD MINUTES

Regular Meeting

May 19, 2011 

The Morristown Zoning Board meeting was called to order on Thursday, May 19, 2011

at 7:05 p.m. in the Council Chambers at 402 Division Street South by Chairman Lonergan.   

Present:  Zoning Board Members, James Lonergan, Mike O’Rourke, Jack Blackmer, Kurt Wolf also present was John Byers Zoning Administrator, Becky Kuball, City Clerk

Absent: Mark Morris, 

Motion by Blackmer seconded by O’Rourke motion unanimously carries to approve the agenda for May 19, 2011 

Motion was made by O’Rourke seconded by Blackmer and carried unanimously to approve the minutes of the April  21, 2011 as printed. 

Report on City Council Action Taken at Last Meeting: Blackmer stated that he asked the question “What is the status of the Brakemeier Property letter”, Mayor stated he was still working on it. At the next meeting Blackmer will address the question again. Blackmer stated we are getting into the building season and need to get this resolved. If this continues maybe we need to turn it over to the city attorney and have him write the letter. Byers did have a conversation with Brakemeier about the violation and what he needed to do to become compliant. Brakemeier was told they need to have moving permits, applications for trailers, demolition permits and inspections done before anything is moved in, no fees were paid on the permits 

Requests to be Heard: None 

Old Business:

Zoning Ordinances: New statues for variances were sent out, board would like Kuball to get the new laws for the next meeting, MN Statue Ch. 462 and MN Statue Sec. 394.27, sub. 7 

Brakemeier Properties: Brakemeier was invited to meeting, but did not show up. Blackmer stated that unless something happens between now and the next council meeting then the council should take over and send information to the attorney and have him send it out. Does not feel the mayors action is not appropriate considering the council directed that it be done. 

New Business: Letter needs to be sent to Hruska and Moline with expiring permits. Send a letter stating that the board has been than lenient but not seeing any progress on their part.

Motion by Blackmer seconded by O’Rourke motion unanimously carries to have Kuball send a letter to the 2 home owners stating that the board hasn’t seen any progress and board will assess administrative fines if project is not complete by the time permits expire. 

LeSueur/Rice Safety Group: Mandatory meeting on June 7, 2011 for “AWAIR & Right to know” all employees need to attend to stay OSHA compliant.   
                                                                                                                

Zoning Administrator’s report: 

Byers is closing permits on Doyle, Liverseed, and Sutter. Seeing a lot of progress on the house on Main Street that Wendel owns. Neutzman applied for a siding, roof and window permit. Legion turned in application for demo for the Memorial Park.

Brakemeier brought in permits for trailers for lot 13 Cate and 41 Charlotte a moving permit for 53 Charlotte. Byers recommended that the board approve all the permits.

Motion by O’Rourke to except all permits except Brakemeier properties Lot 41, Motion fails

Motion by Blackmer seconded by Wolf motion carries to approve Brakemeier permit when appropriate checks are provided for permit fees. Voting Yes: Wolf, Blackmer, And Lonergan Voting No: O’Rourke 

Motion by O’Rourke seconded by Wolf motion unanimously carries to approve the Zoning Administrators Report. 

Motion by O’Rourke seconded by Wolf and motion carries to adjourn at 9:10 pm 

Becky Kuball

City Clerk

 

 

ZONING BOARD MINUTES

Regular Meeting

April 21, 2011 

The Morristown Zoning Board meeting was called to order on Thursday, March 17, 2011

at 7:00 p.m. in the Council Chambers at 402 Division Street South by Chairman Lonergan.   

Present:  Zoning Board Members, James Lonergan Mark Morris, Mike O’Rourke, Jack Blackmer, Kurt Wolf also present was John Byers Zoning Administrator, Becky Kuball, City Clerk

Others present: Del Voegele and Dennis Schmidtke 

Motion by O’Rourke seconded by Blackmer motion unanimously carries to approve the agenda for April 21, 2011 

Motion was made by O’Rourke seconded by Blackmer and carried unanimously to approve the minutes of the March 17, 2011 as printed. 

Report on City Council Action Taken at Last Meeting: Ordinance 152.226 non conforming building material was passed by the council. 

Requests to be Heard: Dennis Schmidtke questioned what or if any permits were required for the memorial park that the legion is building. There is landscaping and drainage that will be done. The cement wall will be taken down and a retaining wall be built by the Cut and Curl. Board will require a demo permit and a sign permit. 

Motion by Blackmer seconded by O’Rourke motion unanimously carries to recommend to the City Council to waive the permit fees for the demo and signage that is required for the Memorial. 

Blackmer questioned if the letter to Brakemeier Properties has been sent yet. Board requests that it be added the next agenda for the next council meeting 

New Business: None                                                                                                 

 Zoning Administrator’s report: Kyle Green is putting up a deck, Habitat is ready to dig hole, it is staked out. Wendel’s needs to have a site drawing on permit with setbacks tabled until drawing are done. 

Motion by Blackmer seconded by Morris and motion carries to adjourn at 7:52 pm 

Becky Kuball

City Clerk

ZONING BOARD MINUTES

Regular Meeting

March 17, 2011 

The Morristown Zoning Board meeting was called to order on Thursday, March 17, 2011

at 7:02 p.m. in the Council Chambers at 402 Division Street South by Jack Blackmer.  

Present:  Zoning Board Members, Mark Morris, Mike O’Rourke, Jack Blackmer, Kurt Wolf also present was John Byers Zoning Administrator, Becky Kuball, City Clerk

Absent: Jim Lonergan

Others present: Theisen 

Motion by O’Rourke seconded by Wolf motion unanimously carries to approve the agenda for March 17, 2011 

Motion was made by O’Rourke seconded by Wolf and carried unanimously to approve the minutes of the February 24, 2011 as printed. 

Report on City Council Action Taken at Last Meeting: city council approved of the title of proposed new ordinance non conforming building materials.

Council would like a complied list of violations and the cost of the permits and also the cost of the violations. 

Requests to be Heard: Theisen came and updated the board on what he has left on his house to finish only has the siding left was looking for an extension, but his permit was still good until October. He stated that it should be done before then. The board thanked him for coming in and checking on the extension. 

Morris asked the board to come to the city council meeting on April 4^th for the hearing on proposed ordinance so that if there are any questions then they could all be answered by all members not just one person.

Went over Brakemeier properties violation and made a list with permit costs and fines for next city council meeting. 

New Business:

Habitat for Humanity permit: Motion by Morris seconded by Wolf motion carries.

Voting Yes: Wolf, Morris, Blackmer

Voting No: O’Rourke 

Zoning Administrator’s report: Closing out permit for Helmut Schwartz 

Motion by Morris seconded by O’Rourke and motion carries to adjourn at 8:55 pm 

Becky Kuball

City Clerk

ZONING BOARD MINUTES

Regular Meeting

February 24, 2011 

The Morristown Zoning Board meeting was called to order on Thursday, February 24, 2011

at 7:08 p.m. in the Council Chambers at 402 Division Street South by Chairman, Jim Lonergan.   

Present:  Zoning Board Members, Jim Lonergan Zoning Chairman, Mark Morris, Mike O’Rourke, Jack Blackmer also present was John Byers Zoning Administrator, Becky Kuball, City Clerk

Absent: Kurt Wolf

Others present Loren Wendel and Chad Wendel 

Motion by Blackmer seconded by Morris motion unanimously carries to approve the agenda for February 24, 2011 

Motion was made by Blackmer, seconded by Morris and carried unanimously to approve the minutes of the January 20, 2011 as printed. 

Report on City Council Action Taken at Last Meeting: Morris stated that the council would like a title for the ordinance dealing with tent like buildings. Brakemeier Properties will need to be added to the next city council meeting to address the violations to zoning permits. 

Requests to be Heard: Loren Wendel requested information on whether or not he could split a property that he is in the process of purchasing at 207 Main Street W. After some discussion and looking at property description there was not enough property to allow a split. 

Discussion about adding a title to a possible new ordinance Performance standard Addition:

152.226 Non conforming building materials

In all zoning district any principle or accessory building and or structure shall not be constructed or erected of:

1.) Temporary materials such as canvas, tarps, plastics, or other such materials or

2.) Prefabricated kits greater than 160 square feet. 

Brakemeier properties: Zoning board will attend the next council meeting and share the violations with the council. 

New Business:

Timm’s Demolition site: City council approved the Class #1 demolition landfill at the February 22^nd meeting 

 Zoning Administrator’s report: nothing this month

Motion by O’Rourke seconded by Blackmer and carried unanimously to adjourn at 8:00 p.m. 

Becky Kuball

City Clerk

ZONING BOARD MINUTES
Regular Meeting
January 20, 2011

The Morristown Zoning Board meeting was called to order on Thursday, January 20, 2011 at 7:08 p.m. in the Council Chambers at 402 Division Street South by Chairman, Jim Lonergan.

Present: Zoning Board Members, Jim Lonergan Zoning Chairman, Mark Morris, Kurt Wolf, Mike O’Rourke, Jack Blackmer also present was John Byers Zoning Administrator, Becky Kuball, City Clerk
Absent: None

Motion by Blackmer seconded by Morris motion unanimously carries to approve the agenda for January 20, 2011

Motion was made by Blackmer, seconded by Morris and carried unanimously to approve the minutes of the November 18, 2010 as printed.

Report on City Council Action Taken at Last Meeting: Approved Kurt Wolf as new zoning member

Requests to be Heard: no one

Discussion about adding a new ordinance 152.226 Performance standard Addition:
Any principle or accessory building and or structure shall not be constructed or erected of
1.) Temporary materials such as canvas, tarps, plastics, or other such materials or
2.) Prefabricated kits greater than 160 square feet.
Motion Blackmer seconded by Wolf motion unanimously carries to send 152.226 performance standard addition to the city council for review.

Discussion was held on time of sale inspections on mobile home park, and who is allowed to do them.

Brakemeier Properties: Audit was done on the mobile home park, Board went over the violations that have happened in the last 10 years. Some of the violations include moving trailers in and out of park with no permit, additions, decks sheds and fences put up and no permits on file. Morris will take to the city council and see if a letter can be written along with the cost of the administrative fine per violation.

New Business:
Permits: none

Meeting date change for February will be on the 24th due to the cannon valley players play the week of February 17th.

Zoning Administrator’s report: closing out permits on lot 28 Brakemeier properties and Mandy Millers garage.

Motion by Blackmer seconded by O’Rourke and carried unanimously to adjourn at 10:00 p.m.

Becky Kuball
City Clerk