PC Packet 07.21.15
AGENDA
HUTCHINSON PLANNING COMMISSION
Tuesday,July 21, 2015
5:30 p.m.
1.CALL TO ORDER 5:30 P.M.
2.PLEDGE OF ALLEGIANCE
3.CONSENT AGENDA
A.CONSIDERATION OF MINUTES DATEDJUNE 16, 2015
4.PUBLIC HEARINGS
A.CONSIDERATION OF AVARIANCETO REDUCE THE NORTHERN SIDE-
YARD SETBACKFOR AN ACCESSORY STRUCTURE BY 38 INCHES ON
THE PROPERTYLOCATED AT 107 MARK DR. NE,RONALD & JEANIE
KALENBERG, APPLICANTS
Motion to close hearing –Motion to approve with staff recommendations –Motion to reject
5.UNFINISHED BUSINESS
6.NEWBUSINESS
7.COMMUNICATION FROM STAFF
A.Upcoming Meetings
8.ADJOURNMENT
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday,June 16, 2015
5:30 p.m.
1.CALL TO ORDER 5:30 P.M.
The June 16, 2015 Planning Commission meeting was called to order by Chair Hantge at
5:30 p.m. Members in bold were present Chair Hantge,Commissioner Kirchoff,
Commissioner Johnston, Commissioner Norton,Commissioner Arndt,Commissioner
Wick, and Commissioner Fahey. Also present were Dan Jochum, City Planner, Kyle
Dimler, Planning and Building Specialist, Kent Exner, City Engineer, and Marc
Sebora, City Attorney.
2.PLEDGE OF ALLEGIANCE
3.CONSENT AGENDA
A.CONSIDERATION OF MINUTES DATEDMAY 19, 2015
Motion by CommissionerKirchoff,Second by CommissionerNorton to approve.
Approved unanimously.
4.PUBLIC HEARINGS
A.CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW THE
OPERATION AND SCREENING OF A RECYCLABLE MATERIALS
COLLECTION CENTER WITHIN I-1 AND I-2 ZONING DISTRICTS
LOCATED AT 1065 5 TH AVE. SE, MCLEOD COUNTY, APPLICANT
Chair Hantge introduced the agenda item.
Commissioner Kirchoff read aloud the guidelines for the public hearing portion of
the evening’s meeting.
Dan Jochum, City Director of Planning/Zoning/Building Dept., presented to the
Commission. Mr. Jochum reviewed briefly the nature of the applicant’s industry
and the C.U.P. granted to the applicant’s property in 1999, a condition of which
was that no outdoor storage was allowed.
Mr. Jochum stated as the operation has evolved and grown, some outdoor storage
has taken place and the applicant is now requesting the C.U.P. so they may
maintain compliance with the requirements of the C.U.P. and be permitted to have
screened outdoor storage.
Mr. Jochum shared photographs of the current conditions of the applicant’s site
taken from adjacent properties.
Minutes
Hutchinson Planning Commission
June 16, 2014
Page 2
Mr. Jochum presented marketing illustrations of the types of fencing the applicant
is considering as options for screening.
Mr. Jochum statedthat he met last week with County Commissioner Paul Wright
who asked the Commission to consider an 8’ tall fence rather than the 10’ fence
recommended by City Staff.
Mr. Jochum presented an aerial map illustrating where Staff recommends limiting
outdoor storage to on the applicant’s site, as well as the location of the
recommended vegetative screening outside the fenced area. Mr. Jochum
reviewed the remainder of the Staff recommended conditions included in the
Commission’s packet.
Commissioner Norton asked why Staff recommended a10’ fence rather than the
requested 8’ fence.
Mr. Jochum noted current storage on the applicant’s site is already at
approximately the top of a proposed 8’ fence.
Commissioner Norton asked how similar industries are handled within the City.
Mr. Jochum stated this is not a situation the City encounters often.
Mr. Jochum noted McLeod County staff believes an 8’ fence would be sufficient
to retainand screenthe materials they have on site.
Commissioner Kirchoff asked if Staff has concerns with the possibility of site
run-off towards the adjacent drainage pond.
Mr. Jochum stated theapplicant is working with the State and Federal regulatory
agencies to ensure they are in compliance with the pertinent regulations.
Commissioner Arndt recommended requiring a fence without tree screening due
to maintenance requirements of weed growth and trash gathering in the vegetation
over time.
Commissioner Kirchoff asked if the storm water retentionpondadjacent to the
proposed outdoor storage area would need to be enlarged if additional impervious
surface is created on site.
City Engineer, Kent Exner stated that the pond on site is designed for
approximately 98% site coverage.
McLeod County Commissioner Neis addressed the Commission regarding the
proposed fence recommendation.
Minutes
Hutchinson Planning Commission
June 16, 2014
Page 3
Mr. Neis stated thecostdifference between an 8’ fence and a 10’ fence would be
approximately $100,000. Mr. Neis stated the applicant would much rather
provide trees outside the fenced area rather than a 10’ fence.
Mr. Neis stated with the addition recently made to the applicant’s facility, there
will be no “one sort” material stored outside.
Chair Hantge asked Mr. Neis ifthe condition of completion of the recommended
fencing within 10 weekswas feasible for the applicant..
Mr. Neis stated it would be a challenging timeline but would be accomplished
with the provision of an 8’ fence.
Miles Seppelt, Hutchinson EDA Director, addressed the Commission. Mr.
Seppelt stated the EDA is the neighboring property owner to the north and stated
the EDA would be satisfied with an 8’ fence with the provisionof the requirement
of no wind-blown materials being stored outside.
Mr. Jochum reviewed Staff recommended conditions for the granting of the
C.U.P. Mr. Jochum stated an additional recommendation would be that the fence
must not encroach in the easement area adjacent to the storm water retention pond
on site.
Commissioner Kirchoff asked to clarify recommendation #10.
Mr. Jochum noted Staff’s concern was with compliance of the industrial
stormwater permittingrequired of the applicant.
Chair Hantge asked if the Commission was comfortable with an 8’ fence rather
than a 10’ fence. The Commission unanimously was in favor ofan 8’ fence.
Chair Hantge asked if the Commission was comfortable with removing the
recommendation of trees outside the fence. Discussion followed.
Kirchoff moved, second by Fahey to close public hearing at 6:03 p.m.
Fahey moved to recommend approval with the change of Condition #3 from a
10’ fence to an 8’ fence, removing the recommendation oftreesbeing planted
outside the fence, and including a condition requiring the outdoor storage and
associated fencing to not encroach on the easement area adjacent to the storm
water retentionpondon the site. The motion was seconded by Commissioner
Kirchoff. The motion was approved unanimously. This item will be on City
Council’sconsent agenda for the next meeting scheduled for 6/23/15.
Motion to close hearing –Motion to approve with staff recommendations –Motion to reject
Minutes
Hutchinson Planning Commission
June 16, 2014
Page 4
5.UNFINISHED BUSINESS
None.
6.NEWBUSINESS
7.COMMUNICATION FROM STAFF
A.Airport Master Plan / Zoning Update
Dan Jochum introduced Melissa Underwood ofBolton & Menk, the airport
consultant to the City,to the Planning Commission.
Ms. Underwood presented a report to the Commission updating the Airport
Master Plan.
Mr. Jochum noted the Commission is not tasked with approving this report but
rather providing feedback.
B.Discussion of electronic signs for churches, schools, etc.
Mr. Jochum stated he would like to get feedback from the Commission regarding
the possibility of revising the City Sign Ordinance as it pertains to dynamic signs
often requested by religious organizations typically in residential zoning districts.
Commission was in favor of researching what other comparably sized and located
communities are doing with this typeof ordinance and moving the ordinance
forward to be relative tochanging technologies.
C.Upcoming Meetings
8.ADJOURNMENT
Motion by Commissioner Arndt, Second by Wick to adjourn the meeting at 6:29 p.m.
Variance
107 Mark Dr. NE
Planning Commission –7-21-15
Page 2
GENERAL INFORMATION
Existing Zoning:R-2(Medium DensityResidential)
Property Location:107 Mark Dr. NE
Lot Size: 85’ x 145’ (12,325sq. ft.)
Existing Land Use:Residential
Adjacent Land Use
And Zoning:Residential –R-2 Medium Density Residential
Comprehensive
Land Use Plan:MediumDensityResidential Neighborhood
Zoning History: The plat for this development was originally completed in 1957.
Applicable
Regulations:Section 154.167and 154.057 (F)(2).
Analysis and
Recommendation:
In order to grant a variance, the request must meet the standards for granting a variance, including thefinding of
“practical difficulties.” Variances may be granted when the applicant for the variance establishes that there are practical
difficulties in complying with the official control. “Practical difficulties” as used in connection with the granting of a
variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official
control; the plight of the landowner is due to circumstances unique to the property not created by the landowner; and the
variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitutea
practical difficultyif reasonable use for the property exists under the terms of the ordinance.
The conditions cited as reason for granting a variance must be due to physical conditions unique to the land or building
involved and must not be applicable to other sites in the same zoning district.Economic considerations may be taken into
account but shall not by themselves be the reason for which a variance is granted.
There is a basic “test” to determine if a request meets the practical difficulties standard. To constitute practical difficulties
all three questions must be answered yes. The following are the factors that must be considered:
Practical difficulties
“Practical difficulties” is a legal standard set forth in law that cities must apply when considering applications for
variances. It is a three-factor test and applies to all requests for variances. To constitute practical difficulties, all three
factors of the test must be satisfied.
1. Reasonableness
The first factor is that the property owner proposes to use the property in a reasonable manner. This factor means that the
landowner would like to use the property in a particular reasonable way but cannot do so under the rules of the ordinance.
It does not mean that the land cannot be put to any reasonable use whatsoever without the variance. For example, if the
variance application is for a building too close to a lot line or does not meet the required setback, the focus of the first
factor is whether the request to place a building there is reasonable.
Variance
107 Mark Dr. NE
Planning Commission –7-21-15
Page 3
Staff feels that the property owner proposes to use the property in a reasonable manner by having a detached garage.
Having a detached garage is a reasonable request.This question was answeredYES.
2. Uniqueness
The second factor is that the landowner’s problem is due to circumstances unique to the property not caused by the
landowner. The uniqueness generally relates to the physical characteristics of the particular piece of property, that is, to
the land and not personal characteristics or preferences of the landowner. When considering the variance for a building to
encroach or intrude into a setback, the focus of this factor is whether there is anything physically unique about the
particular piece of property, such as sloping topography or other natural features like wetlands or trees.
Staff feels the landowner’s problem is not unique to the property because there is room to build the garage by meetingthe
current setbacks. Staff believes it may be more convenient or a personal preference for the applicant to build a new
garage with a 38” setback versus 6 feet but it doesn’t appear that “convenience” is a factor that should be considered
from a legal standpoint. This question was answered NO.
3. Essential character
The third factor is that the variance, if granted, will not alter the essential character of the locality. Under this factor,
consider whether the resulting structure will be out of scale,out of place, or otherwise inconsistent with the surrounding
area. For example, when thinking about the variance for an encroachment into a setback, the focus is how the particular
building will look closer to a lot line and if that fits in with the character of the area.
Staff feels this request will not alter the essential character of the locality. Under the context of this request, staff believes
the “locality” is the general neighborhood area around this property. Staff also feels that the essentialcharacter of the
locality would not be altered because the existing garage is only 38” off the property line right now and it doesn’t appear
to alter the essential character of the neighborhood. This question was answered YES.
Another factorto consider for granting a varianceis whether the variance request is in harmony with the purpose and
intent of the ordinance?The ZoningOrdinancehas an introductory section (154.001) that says the intent and purpose of
this chapter shall be:
Please note: Underlined Items are relevant to this request.
(A)To regulate and limit the height and bulk of buildings hereafter to be erected;
(B)To establish, regulate and limit the building or setback lines on or along any street, traffic way, drive or
parkway;
(C)To regulate and limit the intensity of use of lot areas and to regulate and determine the area of open
spaces within and surrounding buildings hereafter to be erected;
(D)To classify, regulate and restrict the location of trades and industries and the location of buildings
designed for specified industrial, business, residential and other uses;
(E)To divide the entire municipality into districts of such number, shape and area, and of such different
classes according to use of land and buildings, height and bulkof buildings, intensity of use of lot areas,
area of open spaces and other classifications, as may be deemed best suited to regulate development;
(F)To fix standards to which buildings or structures therein shall conform;
Variance
107 Mark Dr. NE
Planning Commission –7-21-15
Page 4
(G)To prohibit uses, buildings or structures incompatible with the character of established districts;
(H)To prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to
avoid the restrictions and limitations lawfully imposed;
(I)To classify, regulate and restrict the use of property on the basis of land use relationship;
(J)To provide for variations from these regulations, standards, restrictions and limitations;
(K)To provide for conditional uses, including planned development, within the established districts;
(L)To provide administrative bodies and procedures as shall be necessary to the implementation and
enforcement of the various provisions of this chapter;
(M)To provide for the orderly amendment of this chapter; and
(N)To provide regulations pertaining to pre-existing lots, structures and uses which do not conform to the
regulations, standards, restrictions and limitations established by this chapter.
Another factor to consider iswhetherthe variance is consistent withthe Comprehensive Plan? The Hutchinson
Comprehensive Plan doesn’t specifically get into issues related to variances. The comprehensive plan is used to plan for
future uses versus specific dimensional standards that are found in the Zoning Ordinance which is discussed in great detail
above.
Based on the fact that only 2 of the 3questions above were answered yes, staff recommends the variance be denied due to
not meeting the legal standard outlined in the zoning ordinance.It should also be noted that if the Planning Commission
feels that answer to the uniqueness question above is “yes”, the variance maybe grantedif the Planning Commission feels
it meets the intent and purpose of the Zoning Ordinance.Staff recommends denialof the request for the following
reasons:
1)Staff believes the landowner’svariance request is not due to uniqueness of physical characteristics of the
property, as there appears to be enough room to build a garage that would meet zoning ordinance requirements.
Because staff couldn’t answer “yes” to question 2 above regarding uniqueness we are recommending the variance
be denied.
2)Staff believes the request is related to preference of the landownerrather than to a physical characteristic with the
land.
3)Staff believes that the variance is not in harmony with the purpose and intent of the ordinanceas found in section
154.001 of the Zoning Ordinance.Specifically 154.001 (C) and (F).
CITY OF HUTCHINSON
MCLEOD COUNTY, MINNESOTA
RESOLUTION NO. 14442
RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR DENIAL OF
VARIANCE APPLICATION TO REDUCE THE NORTHERN SIDE-YARD SETBACK
FOR AN ACCESSORY STRUCTURE BY 38 INCHES ON THE PROPERTY LOCATED
AT 107 MARK DR. NE, RONALD & JEANIE KALENBERG, APPLICANTS
FACTS
1.Ronal & Jeanie Kalenberg arethe applicantsandownersof a parcel of land located at
107 Mark Dr. NE,Hutchinson Minnesota; and,
2.The subject property is legally described as:
Lot 4, Block 3, Clifton Heights Addition
3.Ronald & Jeanie Kalenberg,applicantsandproperty owners,haveapplied to the City
for a variance to reduce the northern side-yard setback for an accessory structure by 38
inches on the property located at 107 Mark Dr. NE.
4.The property is located in the R-2(Medium Density Residential) Zoning District.
5.The proposal would vary from Section 154.057 (F) (2)in that it would decrease the
minimum required 6’ side yard setback by 38 inches.
6.Following a public hearing on the application, the City of Hutchinson Planning
Commission has recommended denialof the variance on July 21, 2015with the
following findings:
a.The propertyowner proposes to use the property in a reasonable manner as having a
detached garage in this zoning district.
b.The landowner’s problem isnotunique to the property. The property contains
sufficient room to build the garage by meeting the current setbacks. While it may be
more convenient or personally preferred to build a new garage with a 38” setback
versus a 6’ setback, it doesn’t appear that “convenience” is a factor that should be
considered from a legal standpoint.
c.The request will not alter the essential character of the locality. Under the context of
this request, the “locality” is the general neighborhood area around this property. The
Essential character of the locality would not be altered because the existing garage is
only 38” from the property line and it doesn’t appear to alter the essential character of
the neighborhood.
d.The variance is not in harmony with the purpose and intent of the ordinance,
specifically sections 154.001 (C) and (F).
e.The variance’s consistency with the ComprehensivePlan is somewhat neutral as the
Comprehensive Plan doesn’t specifically address issues related to variances.
Findings of Fact–Resolution 14442
Variance
107 Mark Dr. NE
7/21/2015
Page 2
7.The City Council of the City of Hutchinson reviewed the requested varianceat its
meeting on July 28, 2015and has considered the recommendation and findings of the
Planning Commission and hereby does recommend denial of thevariance request with
the following findings:
a.The property owner proposes to use the property in a reasonable manner as having a
detached garage in this zoning district.
b.The landowner’s problem is not unique to the property. The property contains
sufficient room to build the garage by meeting the current setbacks. While it may be
more convenient or personally preferred to build a new garage with a 38” setback
versus a 6’setback, it doesn’t appear that “convenience” is a factor that should be
considered from a legal standpoint.
c.The request will not alter the essential character of the locality. Under the context of
this request, the “locality” is the general neighborhoodarea around this property. The
Essential character of the locality would not be altered because the existing garage is
only 38” from the property line and it doesn’t appear to alter the essential character of
the neighborhood.
d.The variance is not in harmony with the purpose and intent of the ordinance,
specifically sections 154.001 (C) and (F).
e.The variance’s consistency with the Comprehensive Plan is somewhat neutral as the
Comprehensive Plan doesn’t specifically address issues related to variances.
APPLICABLE LAW
8.Minnesota Statue Section 462.357, subd. 6 provides:
(a)Variances shall only be permitted (a) when they are in harmony with the general
purposes and intent of the ordinance and (b) when the variances are consistent
with the comprehensive plan.
(b)Variances may be granted when the applicant for thevariance establishes that
there are practicaldifficulties in complying with the zoning ordinance. “Practical
difficulties,”as used in connection with the granting of a variance, means that (a)
the property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance; (b) the plight of the landowner is due to
circumstances unique to the property not created by the landowner; and (c) the
variance, if granted, will not alter the essential character of the locality.
9.City ordinance allows variances if the strict enforcement would cause practical
difficulties because of circumstances unique to the individual property under
consideration, and to grant such variances only when it is demonstrated that such
actions will be in keeping with thespirit and intent of the ordinance and when the
variances are consistent with the comprehensive plan.
10.City ordinance Section 154.150 (A)(2) states that the request would expand an existing
non-conforming setback and reduce theside yard setback. Section 154.057 (F)(2) states
theside yard setback is 6’ in the R-2 zoning district.
Findings of Fact–Resolution 14442
Variance
107 Mark Dr. NE
7/21/2015
Page 3
CONCLUSIONS OF THE LAW
11.There arenot unique circumstances to the property not created by the landowner. The
applicant indicates the unique circumstance isthat the layout of the subject lot is shifted
to the south.
12.The variance will maintain the essential character of the locality becausethe majority of
the other properties on this block also havedetached or attached garages.
13.The variance is not consistent with the Zoning Ordinance. The Zoning Ordinance is in
place to regulate and limit the intensity of use of lot areas and to regulateand determine
the area of open spaces within and surrounding buildings hereafter to be erected.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Hutchinson, Minnesota, that the application to issue a variance to allow Ronald and Jeanie
Kalenberg, applicantsandproperty owners,tobuild a garageso as to deviate from Section
154.057 (F)(2)is hereby denied.
th
Adopted by the City Council this 28day ofJuly, 2015.
ATTEST:
Matt JaunichGary T. Forcier
Interim City AdministratorMayor