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PC Packet 12.15.20 AGENDA HUTCHINSON PLANNING COMMISSION Tuesday, December 15, 2020 5:30 p.m. Hutchinson City Center 1.CALL TO ORDER 5:30 P.M. 2. PLEDGE OF ALLEGIANCE 3.OATH OF OFFICE–Tim Hacker 4. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED October 20, 2020 5. PUBLIC HEARINGS A. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE IN AN I/C ZONING DISTRICT LOCATED AT 845 HWY 7 W. B. CONSIDERATION OF A CONDITIONAL USE PERMIT FOR SHORELINE WORK IN AN EASEMENT AREA LOCATED AT 1830 WEST SHORE DR SW. 6. NEW BUSINESS 7. UNFINISHED BUSINESS 8. COMMUNICATION FROM STAFF A.UPCOMING MEETINGS 9. ADJOURNMENT MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 20, 2020 5:30 p.m. 1.CALL TO ORDER 5:32P.M. The October 20, 2020 Planning Commission meeting was called to order by Vice Chairman Lofdahl at 5:30p.m. Members in bold were present Vice Chair Lofdahl, Commissioner Garberg, Commissioner Wirt,Commissioner Sebesta, Commissioner Hantge and Commissioner Janssen. Also present were Dan Jochum (present), City Planner, Kent Exner, City Engineer, John Olson, City Public Works, John Paulson, City Environmental Specialist, Marc Sebora (present), City Attorney and Andrea Schwartz (present), City of Hutchinson Permit Technician 2. PLEDGE OF ALLEGIANCE 3. OATH OF OFFICE– Dan Janssen 4. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED September 15, 2020. Noted that Vice Chair Lofdahl was not present. Motion by Commissioner Wirt.Second by Commissioner Garberg. Motion to Approve – Motion to Reject 5. PUBLIC HEARINGS A. CONSIDERATION OF A VARIANCE TO REDUCE A SIDE YARD SETBACK LOCATED AT 1891 WEST SHORE DR SW. Dan Jochum, City Planner addressed the Commission and gave a brief overview of the project. Mr. Jochum explained the reasons why Planning Staff has recommended to deny the request of a Variance based on legal standards of the Zoning Ordinance. Scott Nokes –applicant, 1891 West Shore Dr SW,presented to the board and showed another photograph of a mock-up of what the addition will look like. He states his practical difficulty is that he did not build the garage and it has worked until he received a larger vehicle from a family member that does not fit into the garage. Anotherdifficulty is that the driveway is “L” shape and an addition to the west would affect the stoop and the roof over the front entrance to the home. There would be great expenseto the homeownerforthe addition on the west side of the home. Minutes Hutchinson Planning Commission October 20, 2020 Page 2 Commissioner Hantge asked if the addition could be to the north side of the garage versus the south side. Mr. Nokes states the difficulty of snow removal and the poor look of the addition to the north garage door. Commissioner Sebesta questioned what the aestheticswould look like on the bump out. Mr. Nokes is planning to side the pump out the same as existing siding with a 45 degree angle shingled small roof. Commissioner Janssen asked Mr. Nokes if he had considered the roof line to extend up to the eve to be more appeasing in looks. Mr. Nokes is willing to take suggestions. Mr. Jochum read over variance requirements from the League of MN Cities and also went over the 3 requirement again. Mr. Sebora asked the Commissioners to ask themselves if the applicant could achieve his intent without needing the Variance and the answer was yes, he can build onto the west side of the garage he just would not like to. Motion by Commissioner Sebesta, second by Commissioner Wirt to close the hearing at 6:10 p.m. Commissioner Wirt does feel that this request could be reasonable but he does not see the uniqueness of the lot and feels the character would be different. Commissioner Garberg does not see this affecting the character of the property and feels there is some uniqueness. He does agree with the staff that it may not be reasonable. Commissioner Sebesta sees there is a uniqueness to the way the house was built, but this can be said with a lot of homes anywhere. Motion by Commissioner Lofdahlto deny with 5 recommended reasons based mostly on the uniqueness factor. Second by Commissioner Wirt. Motion approved. Items will be on City Council consent agenda on 09/22/2020. Motion to close hearing – Motion to approve with staff recommendations – Motion to reject B. CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR HAHN’S ADDITION TO MARYVIEW. Dan Jochum, City Planner addressed the Commission and gave a brief overview of the project. Motion by Commissioner Hantge, second by Commissioner Garberg to close the hearing at 6:24 p.m. Minutes Hutchinson Planning Commission October 20, 2020 Page 3 Motion by Commissioner Garbergto approve with 1 recommended condition. Second by Commissioner Janssen. Motion approved. Items will be on City Council consent agenda on 10/27/2020. Motion to close hearing – Motion to approve with staff recommendations – Motion to reject 6. NEW BUSINESS A. NONE 7. UNFINISHED BUSINESS A. NONE 8. COMMUNICATION FROM STAFF A. There is one opening on the Commission as Commissioner Forcier moved out of City Limits, and applications are being looked at. B. UPCOMING MEETINGS – We currently have one application that has been extended 60 days and will possibly addingthatto the December agenda. C. November meeting may be rescheduled if we have anyitems. 9. ADJOURNMENT Motion was made by Commissioner Hantgeto adjourn the meeting, second by Sebesta. Meeting was adjournedat 6:32 p.m. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From: Dan Jochum, AICP Date: December 10, 2020, for December 15, 2020, Planning Commission Meeting Application: Consideration of a Conditional Use Permit in the I/C Zoning District for Camper Sales and Display at 845 Hwy 7 West, Hutchinson. Applicant: Escapade Campers – Jeffrey Gordon & Brianna Wehde Conditional Use Permit Escapade Campers is seeking approval to locate its business at 845 Hwy 7 W., Hutchinson. This property has housed several business over the past several years including Erickson-Templin Construction and other contractors. The building does not require a change in occupancy to accommodate this use. Conditional Use Permit 845 Hwy 7 West Planning Commission – 12/15/20 Page 2 GENERAL INFORMATION Existing Zoning: I/C (Industrial/Commercial District) Property Location: 845 Hwy 7 W., Hutchinson Lot Size: 2.36 Acres Existing Land Use: Commercial Adjacent Land Use: Commercial. Residential to Northwest and Northeast. Adjacent Zoning: I/C, C-4, R-4 and R-3 PD. Comprehensive Plan: Commercial Zoning History: CUP in 1997 for addition to existing building. Applicable Regulations: Section 154.066 (C) Building: Existing Building will be utilized for camper sales and service. Conditional Use Permit: A Conditional Use Permit (CUP) is needed for any use in this district. The purpose of the I/C Conditional Commercial District is to allow for development of areas where there is a transition in use occurring, but sites are not available which would allow for compliance with other district requirements. Industrial or commercial development will be allowed only as a conditional permitted use to: (1) Ease land use transition; (2) Control development so that it is compatible with surrounding property; and (3) Establish dimensional requirements on an individual basis. 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. The applicant is requesting a CUP to operate a camper sales and service business at the above listed location. The business is currently located in Litchfield and the proposed Hutchinson site better meets the needs of the business. Conditional Use Permit 845 Hwy 7 West Planning Commission – 12/15/20 Page 3 The site has good access off Hwy 7 W. The site is non-conforming in that the driveway and parking lot are not paved. Staff is recommending that the driveway and parking lot are paved according to the attached handouts. The plan is to pave the driveway and area in front of the building to allow for customer parking and display of campers. The area behind the building will continue to be gravel, however this area is to be utilized for storage only and not for sales. Customers should not be in the rea behind the buildings. Staff is recommending a more detailed site plan showing parking stalls, drive aisles, and the display area be submitted with the building permit. The paving of the parking lot will also need to include curb and gutter to direct stormwater to the catch basin located north of the trail, west of the driveway entrance. Additionally, permits will be required for all of the proposed improvements. Recommendation: Staff recommends approval of the conditional use permit with the following conditions: 1. The proposed building and site improvements shall comply with the standards of the I/C district and the Zoning Ordinance, as well as all other City regulations. 2. A building permit is required for the any remodeling of the building. 3. Permits will be required for the parking lot improvements. 4. A site plan is required to be submitted that shows the arrangement of the parking stalls, drive aisles and display area. 5. The parking stalls are required to be striped and the size and quantity will be required to meet City Code. 6. The driveway and parking lot/display area in front of the building must be paved with bituminous and or concrete surface. Curb and gutter shall also be installed along the perimeter of the parking lot and the parking lot/curb and gutter must be constructed in a manner to direct stormwater runoff to the catch basin located near the trail, west of the driveway. The parking lot plans need to be approved by City Staff prior to construction beginning. 7. The rear lot shall not be utilized for sales and customers should not be in this area. All items located in the rear lot shall be screened within a fence that is at least 8 feet tall. The fence must be opaque so items cannot be seen inside of it. DIRECTORS REPORT –PLANNING DEPARTMENT To:Hutchinson Planning Commission From: Dan Jochum, AICP Date: December 10, 2020, for December 15, 2020, Planning Commission Meeting Application: Consideration of a Conditional Use Permit for a Retaining Wall within an Easement Area at 1830 West Shore Dr. SW. Applicant: Landskapings – Adam Kaping Conditional Use Permit Landskapings has applied for a Conditional Use Permit to allow for a retaining wall within an easement area. The wall was constructed in the summer of 2020 and the applicant and owner did not know they could not construct a retaining wall in this location. Conditional Use Permit 1830 West Shore Dr. SW Planning Commission – 12/15/20 Page 2 GENERAL INFORMATION Existing Zoning: R-2 PD. Property Location: 1830 West Shore Dr. SW, Hutchinson Lot Size: .44 Acres Existing Land Use: Residential Adjacent Land Use: Residential Adjacent Zoning: R-2 PD Comprehensive Plan: Residential Zoning History: Home constructed in 2004 Applicable Regulations: Section 154.024 (B) (5) Building: N/A Conditional Use Permit: A Conditional Use Permit (CUP) is needed if retaining walls are built within an easement area per section 154.024 (B) (5). 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. The applicant is requesting a CUP for the retaining wall that was constructed in the summer of 2020. Unfortunately, the work started without a permit and was basically finished before City Staff realized the wall had been built. Staff worked with the homeowner and contract/applicant to look at options for the retaining wall since it was built in an easement area for the stormwater pond. It was determined that a Conditional Use Permit could be applied for to allow for the wall within the easement area. A survey was required (see attached) to get details on where the wall was constructed relative to the easement line, as well as where it was in relation to the high-water level of the pond and the freeboard level of the pond (one foot above high-water level), which is basically a design buffer for very large rain events. Conditional Use Permit 1830 West Shore Dr. SW Planning Commission – 12/15/20 Page 3 After reviewing the survey, staff made the determination that the bottom of the wall is within the high- water line along portions of the length of the wall. In addition, the entire wall is within the freeboard area of the pond and effects the amount of storage capacity the pond has. Vegetation has also been altered along the shoreline of the pond, which is not allowed. Natural vegetation will need to be re-planted along the edge of the pond. Staff is recommending approval of the Conditional Use Permit, with the several conditions, the most important being the retaining wall be moved out of the freeboard area so as not to impact the functionality of the pond. It is important to remember that the purpose of the easement in the first place was to ensure functionality of the pond. Recommendation: Staff recommends approval of the conditional use permit with the following conditions: 1. The retaining wall shall be moved out of the freeboard area of the pond. This work must be completed by August 15, 2021. 2. The exact location of where the wall is going to be moved to shall be approved by the City with a permit prior to construction beginning. 3. The cost to move the wall is not the responsibility of the City. 4. If the wall is not removed from the freeboard area into an approved location by August 15, 2021, it will be removed by the City and the cost for removal and restoration will be the responsibility of the property owner. 5. The shoreline along the edge of the pond must be restored to a natural state and the rocks removed that were put in along the shoreline. CERTIFICATE OF SURVEY 2010204080 0 BENCHMARK BENCHMARK: MNDOT GSID STATION #18155 MNDOT NAME: 4308 Q 1 ELEVATION: 1062.00 NGVD29 LEGEND DENOTES IRON MONUMENT FOUND AS LABELED X 952.36 DENOTES EXISTING SPOT ELEVATION DENOTES CATCH BASIN 1 04 8.50 1048.0 EH 2O DENOTES SANITARY SEWER MANHOLE 1048.60 EH2O DENOTES RETAINING WALL 1048.2 1048.47 1051.8 DENOTES EXISTING CONTOURS EH2O 1047.7 1050.6 1052.5 1 1052.1 4 . 20 1 1048.53 5 0 EH2O . 4 1047.8 1050.2 1050.2 1 0 5 3 . 8 1048.52 1055.0EH2O 1047.6 1050.0 1 0 5 4 . 5 NOTES 1048.80 1050.0 EH2O -Field survey was completed by E.G. Rud and Sons, Inc. on 10/22/2020. 1056.8 1047.5 4 .8 -Parcel ID Number:23.454.0220. 8 1050.2 1054.9 6 . 4 5 0 1 -This survey was prepared without the benefit of title work. Additional easements, 8 6 1048.37 9 3 restrictions and/or encumbrances may exist other than those shown hereon. Survey 2EH2O D1050.2 N F 1055.3 subject to revision upon receipt of a current title commitment or an attorney's title 1047.2 6 . 1055.54 5 0 3 opinion.1 9 . 1050.6 0 1 0 5 4 .4 2 1057.4 . -Due to field work being completed during the winter season there may be 6 5 1053.7 0 1 improvements in addition to those shown that were not visible due to snow and ice 4 . 1056.72 5 0 1052.0 1 conditions characteristic of Minnesota winters. 1057.6 1056.0 1053.8 1055.4 1057.77 CB FL FND 1/2 IN OPEN 1058.76 MH SAN 1058.48 CB FL FND CAPPED IP 1059.18 MH SAN 1059.12 MH SAN 1059.94 MH SAN Lot 22, Block 1, ISLAND VIEW HEIGHTS SIXTH, McLeod County, Minnesota. I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor under E. G. RUD & SONS, INC. the laws of the State of Minnesota. EST. 1977 DRAWN BY:CBSJOB NO:201285TSDATE:10/27/2020 CHECK BY:KDN SCANNED 1 KURT D. NELSON 2 10/27/2020 Date: License No. 45356 3 NO.DATEDESCRIPTIONBY