PC Packet 11.18.14
AGENDA
HUTCHINSON PLANNING COMMISSION
Tuesday,November 18,2014
5:30 p.m.
1.CALL TO ORDER 5:30 P.M.
2.PLEDGE OF ALLEGIANCE
3.CONSENT AGENDA
A.CONSIDERATION OF MINUTES DATEDOCTOBER 21, 2014
4.PUBLIC HEARINGS
A.CONSIDERATION OF CONDITIONAL USE PERMITTO ALLOW THE
CONSTRUCTION OF A 1,500 SQ. FT. DETACHED GARAGE LOCATED AT
55 NORTH HIGH DR. NE,SUBMITTED BY LUCAS RUNKE AND
MATTHEW RUNKE, APPLICANTS.
Motion to close hearing –Motion to approve with staff recommendations –Motion to reject
B.CONSIDERATIONOF CONDITIONAL USE PERMIT TO ALLOW A
STORAGE USE LOCATED AT 125 ERIE STREET SE IN AN I/C ZONING
DISTRICT, SUBMITTED BY WILDFLOWER PROPERTIES, LLC,
APPLICANT.
Motion to close hearing –Motion to approve with staff recommendations –Motion to reject
C.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A
STORAGE USE LOCATED AT 135 MONROE STREET SE IN AN I/C
ZONING DISTRICT, SUBMITTED BY WILDFLOWER PROPERTIES, LLC,
APPLICANT.
Motion to close hearing –Motion to approve with staff recommendations –Motion to reject
5.UNFINISHED BUSINESS
6.COMMUNICATION FROM STAFF
A.Upcoming Meetings
7.ADJOURNMENT
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday,October 21,2014
5:30 p.m.
1.CALL TO ORDER 5:30 P.M.
Vice Chair Norton called the meeting to order at 5:30 pm. Members in bold were present
Chair Hantge, Commissioner Lofdahl,Commissioner Johnston,Commissioner
Kirchoff,Commissioner Norton, Commissioner Fahey, and Commissioner Arndt. Also
present were Dan Jochum, Director of Planning, Marc Sebora, City Administrator/City
Attorney,and Kyle Dimler, Planning and Building Specialist.
2.PLEDGE OF ALLEGIANCE
3.CONSENT AGENDA
A.CONSIDERATION OF MINUTES DATEDSEPTEMBER 16, 2014
Motion by Commissioner Lofdahl, second by CommissionerJohnston to approve.
Approvedunanimously.
4.PUBLIC HEARINGS
A.CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF MENARD
THIRD ADDITIONAND SITE PLAN APPROVAL FOR 1450 MONTREAL
ST. SE,SUBMITTED BY VINCENT DRIESSEN, APPLICANT.
Commissioner Johnston read meeting rules for public hearing aloud.
Vice ChairNorton stated the agenda itemfor consideration by the Commission.
Mr. Dan Jochum, City Planner, addressed the Commission. Mr. Jochum
presented the Staff Report,included in Planning Commission packet,to the
Commission.
Mr. Jochum noted Lot 2, which is 1.03 acres,is reserved for future development.
Minimum size of lot for development inthis zoning district is 1 acre.
Mr. Jochum noted his thanks to the developer for presenting a very complete set
of plans for staff review.
Mr. Jochum stated the proposed building meets all required setbacks and zoning
requirements. The building is anticipated to fit well in the area with regard to
aesthetics and use.
Mr. Jochum noted staff concerns with high amount of impervious surface due to
excess parking space provision. Staff recommends eliminating 6 parking spaces,
increasinggreen space on site.Staff recommendsshorteningparking spaces on
Minutes
Hutchinson Planning Commission
October 21, 2014
Page 2
north and south sides of parking lots from 20’ deep to 18.5’ deep, allowing
vehicle bumpers to overhang the parking area curbing and increasing green space
on site.
Staff noted a conditionof the plat is to bethat the remaining lot to the south will
only be permitted to have one street access for its site.
Mr. Jochum noted that the developer has provided vegetative screening for the
truck loading dock areathat is expected to always have a truck in dock for
loading.
Mr. Jochum stated that the zoning ordinance requires 1 tree per 800 sq.ft.of
landscaped area of the site. The proposed tree species are acceptable to the City
Arborist;however the final landscape plan will be reviewed atthe time of
building permit application.
Staff recommends requiring an approximately 2’-3’high berm be constructed on
the east side of building, in the landscaped area,with two rows of treesto provide
additional screening for the trash compactor area.
Commissioner Norton asked if the Staff recommendations have been
communicated to the developer.
Mr. Jochum asked Commission to consider the limited amount of vegetation on
north sideof the site. Proposal does meet the standard but staff would like tosee
morebalanced planting around site perimeter.
Commissioner Norton asked if site screening for the Maurice’sdevelopment to
the north was required at a similar level.
Mr. Jochum noted the Maurice’sdevelopment had a shared access with limited
green space.
Commissioner Johnston noted reducing height of parking lot curbing to a B-5 or
B-4 rather than a B-6 should be considered if approving Staff Recommendationto
reduce parking lot area requiring vehicles to overhang curb.
Commissioner Kirchoff asked to clarify if the drop off area shown on the plans is
a drive-through.Mr. Jochum stated that Staff does not believe this portion of the
building meets the intended use of the ordinance language requiring a C.U.P. for a
drive through.
Matt Poppel, representing General Contractorand applicant, addressed the
Commission. Mr. Poppel noted the developer is willingto comply with the stated
Staff Recommendations. Mr. Poppel noted the recommended modification ofthe
parking area will increase landscaped area and require 3 additional trees on the
site.
Minutes
Hutchinson Planning Commission
October 21, 2014
Page 3
Mr. Jochum again noted the final landscape plan will be reviewed for approval at
the time of building permit application.
Motion by Commissioner Lofdahl/, seconded by Commissioner Kirchoff toclose
thepublic hearing at 5:53pm.
Motion by Commissioner Lofdahl, seconded by Commissioner Kirchoff to
approvethe request with Staff recommendations of the addition of trees on the
north side of the site, reduction of 6 parking spaces, and the construction of a 2’ –
3’berm on the east side of the building. The motion passed unanimously. This
itemwill be on 10/28/14 City Council consent agenda.
Motion to close hearing –Motion to approve with staff recommendations –Motion to reject
5.UNFINISHED BUSINESS
None.
6.COMMUNICATION FROM STAFF
Mr. Jochum noted P/B/Z is up to 20 single family dwelling permits. Staff will be
working on River Overlay District and other areas of zoning ordinance this winter. Staff
would like to work to include Interim Use Permits.
Mr. Sebora noted that City Council has been discussing modifications to Liquor
Licensing Ordinance. First reading of ordinance was read at last meeting.
Mr. Jochum noted the JPB has been working with an application for a CUP and Variance
for a dairy operation on the northern edge of the JPA.Variance moved setback from
1320’ to 820’ from a neighboring property. Noted the JPB is advisory to the County
Board.
Mr. Sebora stated the topic will come up in the future of how well the JPB serves the
interests of the City and whether the City should maintain involvement in the JPB. Mr.
Jochum explained the City’s administrative involvement in the process and how it
appears to give some of the public the impression that the City is responsible for the
actions of theJPB. Mr. Sebora noted the
A.Upcoming Meetings
7.ADJOURNMENT
Motion by Commissioner Lofdahl, seconded by Commissioner Kirchoff to adjournthe
meeting.Motion passed unanimously.
DIRECTORS REPORT –PLANNING DEPARTMENT
To:Hutchinson Planning Commission
From:Mike Schumann, Dolf Moon, Mike Bahe, Dave Hunstad,Lee Miller,Jeff Page, Jean Ward, Judy
Flemming, John Webster, John Olson, Lenny Rutledge, Kent Exner, John Paulson, Marc Sebora,
Dan Hatten, Dan Jochum, Andrea Schwartz,and Kyle Dimler.
Date:November 10,2014, forNovember 18,2014, Planning Commission Meeting
Application:CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF
A 1,500 SQ FT DETACHED GARAGE LOCATED AT 55 NORTH HIGH DR. NE.
Applicant:MR. LUCAS RUNKE AND MR. MATTHEW RUNKE
CONDITIONAL USE PERMIT ALLOWING RECYCLE CENTER
Mr. Lucas Runke and Mr. Matthew Runke arerequesting aconditional use permitto allow the construction of a
1,500 sq. ft. detached garage located at 55 North High Dr. NE. A Conditional Use Permitted is required for
detached garages larger than 1,000 sq. ft., as noted in Section 154.026of the Zoning Ordinance.
Conditional Use Permit
55 North High Dr. NE -1,500 sq. ft. garage
Planning Commission –11-18-14
Page 2
GENERAL INFORMATION
Existing Zoning:R-2
Property Location:55 North High Dr. NE
Lot Size: .99ac.
Existing Land Use:Single Family Dwelling
Adjacent Land Use
And Zoning:R-2 Medium DensityResidential,C-4 Fringe Commercial
Comprehensive
Land Use Plan:Low Density Residential Neighborhood
Zoning History: Residential use with no recorded variances or conditional use permits
Applicable
Regulations:Section 154.026
Conditional Use Permit:
The Conditional Use Permit (CUP) is required for accessory structures larger than 1,000 square feetin
residential zoning districts.The proposed garage will be in the rear yard space located at 55 North High Dr. NE
in Hutchinson. As noted above, the proposed structure is approximately 30 x 50’ or 1,500 square feet and will
be a detached garage used for personal storage. The height of the proposed structure is approximately 13 feet to
the roof mid-point. The height to the top of the structure is 15’ 4” which is less than the ordinance requirement
of 16 feet to the roof mid-point. The proposed structure appears to meet all applicable setbacks, as well as all
other Zoning Ordinance requirements.The garage will be accessed by a driveway along the west side of the
house.
The following arestandards for granting a conditional use permit:
(a)The proposed building or use at the particular location requested is necessary or desirable to provide
a service or a facility which is in the interest of the public convenience and will contribute to the
general welfare of the neighborhood or community;
(b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities and other matters
affecting the public health, safety and general welfare; and
(c)The proposed building or use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district regulations.
Conditional Use Permit
55 North High Dr. NE -1,500 sq. ft. garage
Planning Commission –11-18-14
Page 3
Conclusion:
1.The proposed structure is desirable and will contribute to the general welfare of the neighborhood in
the subject location as it will be consistent with other uses in the R-2zoning district.
2.The proposed building is not anticipated to have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities,and other matters
affecting the public health, safety, and general welfare asthe useof the property will remain very
similar to the existing use of the property.
3.The proposed building will be designed, arranged, and operated so as to permit the development and
use of neighboring property in accordance with the applicable district regulations, just as they are
used today.
Recommendation:
Staff recommends the approval of this request to the Planning Commission due to the fact that the applicant’s
request meets the standards for approving a conditional use permit provided above.
If the Planning Commission recommends approvalofthe applicant’s request, staff suggests the following
conditions be part of the approval:
1.The standards for granting a conditional use permit would be met, subject to the conditions stated.
2.The proposed building and site improvements shall comply with the standards of the R-2district and
the Zoning Ordinance.
3.The Applicant must obtain all necessary permits for any construction that would be needed.
4.The conditional use permit shall remain in effect as long as the conditions requiredby the permit are
observed. Any expansion or intensification of a conditional use or change to another conditional use
requires approval of a new conditional use permit.
5.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be
deemed null and void.
6.If the proposed use fails to start operation within one year of the conditional use permit being
granted, the conditional use permit shall be deemed null and void and a new conditional use permit
must be applied for.
CITY OF HUTCHINSON
MCLEOD COUNTY, MINNESOTA
RESOLUTION NO. 14345
RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF
CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF A 1,500 SQ. FT. DETACHED
GARAGE LOCATED AT 55 NORTH HIGH DR. NE.
FACTS
1.Mr. Lucas Runke and Mr. Matthew Runke,arethe ownersof a parcel of land located at55 North High
Dr. NE,Hutchinson Minnesota; and,
2.The subject property is legally described as:That part and portion of the South Twenty (20) acres of
the West Half of the Southeast Quarter of Section Thirty (30), township One Hundred Seventeen (117)
North of Range Twenty-nine (29) West, now known as Lot 12, Auditor’s Plat of the South Half of
Section 30 and the North Half of Section 31, Township 117, Range 29 described as follows:
Commencing at a point 410 feet Eastof the Southwest corner of the Southeast Quarter of Section.
Thirty (30) Township One Hundred Seventeen (117) North of Range Twenty-nine (29) West and 33
feet North of the South line of the Southeast Quarter of said Section 30, thence East parallel with the
South line of the Southeast Quarter of said Section 30, a distance of 167.5 feet; thence North 260 feet;
thence West on a line parallel with the South line of the Southeast Quarter of said Section 30, a
distance of 167.5 fee; thence South 260 feet to the point of beginning.
3.Mr. Lucas Runke and Mr. Matthew Runke haveapplied to the City for a conditional use permit to
allow the construction of a 1,500 sq. ft. detached garage, located at 55 North High Dr. NE, Hutchinson
MN.
4.The Planning Commission met on November 18, 2014,and held a public hearing on the request and
considered the effects of the proposal on the health, safety, and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions,and the effect on values of properties in
the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval
of the requestsubject to the following findings and conditions:
a.The standards for granting a conditional use permit would be met, subject to the conditions
stated.
b.The proposed building and site improvements shall comply with the standards of the R-2
district and the Zoning Ordinance.
c.The Applicant must obtain all necessary permits for any construction that would be needed.
d.The conditional use permit shall remain in effect as long as the conditions required by the
permit are observed. Any expansion or intensification of a conditional use or change to
another conditional use requires approval of a new conditional use permit.
e.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall
be deemed null and void.
f.If the proposed use fails to start operation within one year of the conditional use permit being
granted, the conditional use permit shall be deemed null and void and a new conditional use
permit must be applied for.
5.The City Council of the City of Hutchinson reviewed the requested conditional use permit at its
meeting on November 25, 2014,and has considered the recommendation and findings of the Planning
Findings of Fact –Resolution # 14345
55 North High Dr. NEConditional Use Permit
Page 2
Commission and hereby does recommend approval of the conditional use permit, subject to the
following findings and conditions:
a.The standards for granting a conditional use permit would be met, subject to the conditions
stated.
b.The proposed building and site improvements shall comply with the standards of the R-2
district and the Zoning Ordinance.
c.The Applicant must obtain all necessary permits for any construction that would be needed.
d.The conditional use permit shall remain in effect as long as the conditions required by the
permit are observed. Any expansion or intensification of a conditional use or change to
another conditional use requires approval of a new conditional use permit.
e.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall
be deemed null and void.
f.If the proposed use fails to start operation within one year of the conditional use permit being
granted, the conditional use permitshall be deemed null and void and a new conditional use
permit must be applied for.
APPLICABLE LAW
6.The conditional use permit request meets the following standardsas required in Section 154.170 of
the City of Hutchinson Municipal Code:
(a)The proposed building or use at the particular location requested is necessary or desirable to
provide a service or a facility which is in the interest of the public convenience and will
contribute to the general welfare of the neighborhood or community;
(b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities and other matters
affecting the public health, safety and general welfare; and
(c)The proposed building or use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district
regulations.
CONCLUSIONS OF THE LAW
7.The requested conditional use permitisconsistent with the comprehensive plan.
8.The proposed use will not have a substantial or undue adverse effect upon adjacent property,
character of the neighborhood, traffic conditions, utility facilities and other matters affecting the
public health, safety and general welfare.
9.The proposed use will be designed, arranged and operated so as to permit the development and use of
neighboring property in accordance with the applicable district regulations
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the
application to issue a conditional use permit allowing the construction of a 1,500 sq. ft. detached garage located
at 55 North High Dr. NE, Hutchinson MN is approved.
Adopted by the CityCouncil this 25thday ofNovember, 2014.
Findings of Fact –Resolution # 14345
55 North High Dr. NEConditional Use Permit
Page 3
ATTEST:
Marc SeboraSteven W. Cook
City AdministratorMayor
DIRECTORS REPORT –PLANNING DEPARTMENT
To:Hutchinson Planning Commission
From:Mike Schumann, Dolf Moon, Mike Bahe, Dave Hunstad,Lee Miller,Jeff Page, Jean Ward, Judy
Flemming, John Webster, John Olson, Lenny Rutledge, Kent Exner, John Paulson, Marc Sebora,
Dan Hatten, Dan Jochum, Andrea Schwartz,and Kyle Dimler.
Date:November 10,2014, forNovember 18,2014, Planning Commission Meeting
Application:CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A STORAGE USE
LOCATED AT 125 ERIE STREET SE IN THE I/C ZONING DISTRICT.
Applicant:WILDFLOWER PROPERTIES, LLC
CONDITIONAL USE PERMIT ALLOWING RECYCLE CENTER
Wildflower Properties, LLC isrequesting aconditional use permitto allow a storage use and office for a
transportation and bus company located at 125 Erie Street SE in anI/C zoning district.A Conditional Use
Permitted is required for all uses in I/C zoning districts,as noted inSection 154.066of the Zoning Ordinance.
Conditional Use Permit
125 Erie St. SE –Storage use
Planning Commission –11-18-14
Page 2
GENERAL INFORMATION
Existing Zoning:I/C Industrial/Commercial
Property Location:125 Erie St. SE
Lot Size: 16,905 sq. ft.
Existing Land Use:Vacant, previously lumber yard storage
Adjacent Land Use
And Zoning:R-3Medium-HighDensityResidential,I/C Industrial Commercial
Comprehensive
Land Use Plan:MediumDensity Residential Neighborhood
Zoning History: Residential use with no recorded variances or conditional use permits
Applicable
Regulations:Section 154.066
Conditional Use Permit:
The Conditional Use Permit (CUP) is required for all uses in I/Czoning districts.The proposed use will be
within a previously existing lumber supply storage facility at 125 ErieSt. SEin Hutchinson.The proposed use
of a bus/vehicle company storing their vehicles in this building when not in use appears to be a good re-use of
the lumber supply building. The applicant will be required to pave the front area of the building per City
ordinance.
The following are standards for granting a conditional use permit:
(a)The proposed building or use at the particular location requested is necessary or desirable to provide
a service or a facility which is in the interest of the public convenience and will contribute to the
general welfare of the neighborhood or community;
(b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities and other matters
affecting the public health, safety and general welfare; and
(c)The proposed building or use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district regulations.
Conclusion:
1.The proposed structure is desirable and will contribute to the general welfare of the neighborhood in
the subject location as it will be consistent with other uses in the R-2zoning district.
Conditional Use Permit
125 Erie St. SE –Storage use
Planning Commission –11-18-14
Page 3
2.The proposed building is not anticipated to have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities,and other matters
affecting the public health, safety, and general welfare asthe useof the property will remain very
similar to the existing use of the property.
3.The proposed building will be designed, arranged, and operated so as to permit the development and
use of neighboring property in accordance with the applicable district regulations, just as they are
used today.
Recommendation:
Staff recommends the approval of this request to the Planning Commission due to the fact that the applicant’s
request meets the standards for approving a conditional use permit provided above.
If the Planning Commission recommends approvalofthe applicant’s request, staff suggests the following
conditions be part of the approval:
1.The standards for granting a conditional use permit would be met, subject to the conditions stated.
2.The proposed building and site improvements shall comply with the standards of the I/Cdistrict and
the Zoning Ordinance.
3.The Applicant must obtain all necessary permits for any construction that would be needed.
4.The front of the building that is currently gravel will need to be paved with an approved surface.
5.SAC and WAC fees will need to be paid for the change in use.
6.The conditional use permit shall remain in effect as long as the conditions required by the permit are
observed. Any expansion or intensification of a conditional use or change to another conditional use
requires approval of a new conditional use permit.
7.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be
deemed null and void.
8.If the proposed use fails to start operation within one year ofthe conditional use permit being
granted, the conditional use permit shall be deemed null and void and a new conditional use permit
must be applied for.
CITY OF HUTCHINSON
MCLEOD COUNTY, MINNESOTA
RESOLUTION NO. 14346
RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF
CONDITIONAL USE PERMIT TO ALLOW A STORAGE USE LOCATED AT 125 ERIE STREET SE
IN AN I/C ZONING DISTRICT.
FACTS
1.Wildflower Properties, LLC,isthe owner of a parcel of land located at125 Erie Street SE,Hutchinson
Minnesota; and,
2.The subject property is legally described as:Lot Nine (9) and the North 62 feet of Lot Eight (8),
Block Eighteen (18), Townsite of Hutchinson, South Half, Mcleod County, Minnesota.
3.Wildflower Properties hasapplied to the City for a conditional use permit to allow a storage use in an
I/C zoning district located at 125 Erie Street SE, HutchinsonMN.
4.The Planning Commission met on November 18, 2014,and held a public hearing on the request and
considered the effects of the proposal on the health, safety, and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in
the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval
of the requestsubject to the following findings and conditions:
a.The standards for granting a conditional use permit would be met, subject to the conditions
stated.
b.The proposed building and site improvements shall comply with the standards of the I/C
district and the Zoning Ordinance.
c.The Applicant must obtain all necessary permits for any construction that would be needed.
d.The front of the building that is currently gravel will need to be paved with an approved
surface.
e.SAC and WAC fees will need to be paid for the change in use.
f.The conditional use permit shall remain in effect as long as the conditions required by the
permit are observed. Any expansion or intensification of a conditional use or change to
another conditional use requires approval of a new conditional use permit.
g.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall
be deemed null and void.
h.If the proposed use fails to start operation within one year of the conditional use permit being
granted, the conditional use permit shall be deemed null and void and a new conditional use
permit must be applied for.
5.The City Council of the City of Hutchinson reviewed the requested conditional use permit at its
meeting on November 25, 2014,and has considered the recommendation and findings of the Planning
Commission and hereby does recommend approval of the conditional use permit, subject to the
following findings and conditions:
a.The standards for granting a conditional use permit would be met, subject to the conditions
stated.
b.The proposed building and site improvements shall comply with the standards of the I/C
district and the Zoning Ordinance.
Findings of Fact –Resolution # 14346
125 Erie St. SE Conditional Use Permit
Page 2
c.The Applicantmust obtain all necessary permits for any construction that would be needed.
d.The front of the building that is currently gravel will need to be paved with an approved
surface.
e.SAC and WAC fees will need to be paid for the change in use.
f.The conditional use permit shall remain in effect as long as the conditions required by the
permit are observed. Any expansion or intensification of a conditional use or change to
another conditional use requires approval of a new conditional use permit.
g.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall
be deemed null and void.
h.If the proposed use fails to start operation within one year of the conditional use permit being
granted, the conditional use permit shall be deemed null and void and a new conditional use
permit must be applied for.
APPLICABLE LAW
6.The conditional use permit request meets the following standardsas required in Section 154.170 of
the City of Hutchinson Municipal Code:
(a)The proposed building or use at the particular location requested is necessary or desirable to
provide a service or a facility which is in the interest of the public convenience and will
contribute to the general welfare of the neighborhood or community;
(b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities and other matters
affecting the public health, safety and general welfare; and
(c)The proposed buildingor use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district
regulations.
CONCLUSIONS OF THE LAW
7.The requested conditional use permitisconsistent with the comprehensive plan.
8.The proposed use will not have a substantial or undue adverse effect upon adjacent property,
character of the neighborhood, traffic conditions, utility facilities and other matters affecting the
public health, safety and general welfare.
9.The proposed use will be designed, arranged and operated so as to permit the development and use of
neighboring property in accordance with the applicable district regulations
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the
application to issue a conditional use permit allowing a storage use in an I/C zoning district, located at 125 Erie
Street SE, Hutchinson MN is approved.
Adopted by the City Council this 25thday ofNovember, 2014.
ATTEST:
Findings of Fact –Resolution # 14346
125 Erie St. SE Conditional Use Permit
Page 3
Marc SeboraSteven W. Cook
City AdministratorMayor
DIRECTORS REPORT –PLANNING DEPARTMENT
To:Hutchinson Planning Commission
From:Mike Schumann, Dolf Moon, Mike Bahe, Dave Hunstad,Lee Miller,Jeff Page, Jean Ward, Judy
Flemming, John Webster, John Olson, Lenny Rutledge, Kent Exner, John Paulson, Marc Sebora,
Dan Hatten, Dan Jochum, Andrea Schwartz,and Kyle Dimler.
Date:November 10,2014, forNovember 18,2014, Planning Commission Meeting
Application:CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A STORAGE USE
LOCATED AT 135 MONROESTREET SE IN AN I/C ZONING DISTRICT.
Applicant:WILDFLOWER PROPERTIES, LLC
CONDITIONAL USE PERMIT ALLOWING RECYCLE CENTER
Wildflower Properties, LLC isrequesting aconditional use permitto allow a storage use located at 135 Monroe
Street SE in anI/C zoning district. The applicant is proposing to utilize the building furthest to the south for
storage, as well as a small portion of the largerbuilding (southeastern portion).A Conditional Use Permitted is
required for all uses in I/C zoning districts,as noted in Section 154.066of the Zoning Ordinance.
Conditional Use Permit
135 MonroeSt. SE –Storage use
Planning Commission –11-18-14
Page 2
GENERAL INFORMATION
Existing Zoning:I/C Industrial/Commercial
Property Location:135 MonroeSt. SE
Lot Size: 24,143sq. ft.
Existing Land Use:Vacant, previously lumber yard storage
Adjacent Land Use
And Zoning:R-2Medium DensityResidential,I/C Industrial Commercial
Comprehensive
Land Use Plan:MediumDensity Residential Neighborhood
Zoning History: Residential use with no recorded variances or conditional use permits
Applicable
Regulations:Section 154.066
Conditional Use Permit:
The Conditional Use Permit (CUP) is required for all uses in I/Czoning districts.The proposed use will be
within a previously existing lumber supply storage facility at 135 Monroe St. SEin Hutchinson.The applicant
is requesting to use the existing building situated furthest south on the side for storage. The building will be
partitioned off into “garage” spaces that will be rented out. In addition, the southeastern portion of the larger
building is proposed to be used for storage purposes and is included in this request. It is highly likely there will
be another CUP needed to establish a new use for the rest of the building on this lot. Staff believes this is a
good re-use of a building that has been vacant since Pro Build Lumber closed.
The following are standards for granting a conditional use permit:
(a)The proposed building or use at the particular location requested is necessary or desirable to provide
a service or a facility which is in the interest of the public convenience and will contribute to the
general welfare of the neighborhood or community;
(b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities and other matters
affecting the public health, safety and general welfare; and
(c)The proposed building or use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district regulations.
Conditional Use Permit
135 MonroeSt. SE –Storage use
Planning Commission –11-18-14
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Conclusion:
1.The proposed structure is desirable and will contribute to the general welfare of the neighborhood in
the subject location as it will be consistent with other uses in the R-2zoning district.
2.The proposed building is not anticipated to have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities,and other matters
affecting the public health, safety, and general welfare asthe useof the property will remain very
similar to the existing use of the property.
3.The proposed building will be designed, arranged, and operated so as to permit the development and
use of neighboring property in accordance with the applicable district regulations, just as they are
used today.
Recommendation:
Staff recommends the approval of this request to the Planning Commission due to the fact that the applicant’s
request meets the standards for approving a conditional use permit provided above.
If the Planning Commission recommends approvalofthe applicant’s request, staff suggests the following
conditions be part of the approval:
1.The standards for granting a conditional use permit would be met, subject to the conditionsstated.
2.The proposed building and site improvements shall comply with the standards of the I/Cdistrict and
the Zoning Ordinance.
3.The Applicant must obtain all necessary permits for any construction that would be needed.
4.The conditional use permit shall remain in effect as long as the conditions required by the permit are
observed. Any expansion or intensification of a conditional use or change to another conditional use
requires approval of a new conditional use permit.
5.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall be
deemed null and void.
6.If the proposed use fails to start operation within one year of the conditional use permit being
granted, the conditional use permit shall be deemed null and void and a new conditional use permit
must be applied for.
CITY OF HUTCHINSON
MCLEOD COUNTY, MINNESOTA
RESOLUTION NO. 14347
RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF
CONDITIONAL USE PERMIT TO ALLOW A STORAGE USE LOCATED AT 135MONROE
STREET SE IN AN I/C ZONING DISTRICT.
FACTS
1.Wildflower Properties, LLC,isthe owner of a parcel of land located at135 MonroeStreet SE,
Hutchinson Minnesota; and,
2.The subject property is legally described as:Lots Six (6), Seven (7), and Eight (8) in Block Seventeen
(17), Townsite (now City) of Hutchinson< South Half, Mcleod County, Minnesota, being in the
Northeast quarter of Section Six (6), Township One Hundred Sixteen (116), Range Twenty-Nine (29),
excepting from the above the Great Northern Railway right of way as it may intersect the described
lots, according to the plat thereof on file and of record in the office of the Register of Deeds in and for
said County and State.
3.Wildflower Properties hasapplied to the City for a conditional use permit to allow a storage use in and
I/C zoning district, located at 135 MonroeStreet SE, HutchinsonMN.
4.The Planning Commission met on November 18, 2014,and held a public hearing on the request and
considered the effects of the proposal on the health, safety, and welfare of the occupants of the
surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in
the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval
of the requestsubject to the following findings and conditions:
a.The standards for granting a conditional use permit would be met, subject to the conditions
stated.
b.The proposed building and site improvements shall comply with the standards of the I/C
district and the Zoning Ordinance.
c.The Applicant must obtain all necessary permits for any construction that would be needed.
d.The conditional use permit shall remain in effect as long as the conditions required by the
permit are observed. Any expansion or intensification of a conditional use or change to
another conditional use requires approval of a new conditional use permit.
e.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall
be deemed null and void.
f.If the proposed use fails to start operation within one year of the conditional use permit being
granted, the conditional use permit shall be deemed null and void and a new conditional use
permit must be applied for.
5.The City Council of the City of Hutchinson reviewed the requested conditional use permit at its
meeting on November 25, 2014,and has considered the recommendation and findings of the Planning
Commission and hereby does recommend approval of the conditional use permit, subject to the
following findings and conditions:
a.The standards for granting a conditional use permit would be met, subject to the conditions
stated.
Findings of Fact –Resolution # 14347
135 MonroeSt. SE Conditional Use Permit
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b.The proposed building and site improvements shall comply with the standards of the I/C
district and the Zoning Ordinance.
c.The Applicant must obtain all necessary permits for any construction that would be needed.
d.The conditional use permit shall remain in effect as long as the conditions required by the
permit are observed. Any expansion or intensification of a conditional use or change to
another conditional use requires approval of a new conditional use permit.
e.If the use ceases to operate for more than 365 consecutive days the conditional use permit shall
be deemed null and void.
f.If the proposed use fails to start operation within one year of the conditional use permit being
granted, the conditional use permit shall be deemed null and void and a new conditional use
permit must be applied for.
APPLICABLE LAW
6.The conditional use permit request meets the following standardsas required in Section 154.170 of
the City of Hutchinson Municipal Code:
(a)The proposed building or use at the particular location requested is necessary or desirable to
provide a service or a facility which is in the interest of the public convenience and will
contribute to the general welfare of the neighborhood or community;
(b)The proposed building or use will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, traffic conditions, utility facilities and other matters
affecting the public health, safety and general welfare; and
(c)The proposed building or use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district
regulations.
CONCLUSIONS OF THE LAW
7.The requested conditional use permitisconsistent with the comprehensive plan.
8.The proposed use will not have a substantial or undueadverse effect upon adjacent property,
character of the neighborhood, traffic conditions, utility facilities and other matters affecting the
public health, safety and general welfare.
9.The proposed use will be designed, arranged and operated so as to permit the development and use of
neighboring property in accordance with the applicable district regulations
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the
application to issue a conditional use permit allowing a storage use in an I/C zoning district, located at 135
MonroeStreet SE, Hutchinson MN is approved.
Adopted by the City Council this 25thday ofNovember, 2014.
ATTEST:
Findings of Fact –Resolution # 14347
135 MonroeSt. SE Conditional Use Permit
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Marc SeboraSteven W. Cook
City AdministratorMayor