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08-15-2000 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, AUQust 15, 2000 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Arndt at 5:30 p.m. with the following members present: Jason Olsen, Dean Kirchoff, Dave Westlund, Jim Haugen, Jeff Jones and Brandon Fraser. Also present: Julie Wischnack, AICP, Director of Planning/Building/Zoning; Holly Kreft, Planning Coordinator and Richard Schieffer, City Attorney. 2. CONSENT AGENDA Mr. Jones moved to approve the minutes as submitted. Mr. Westlund seconded the motion. Motion carried. 3. PUBLIC HEARINGS a) CONSIDERATION OF AN EXTENSION OF THE MORATORIUM FOR THE CONSTRUCTION OF TELEVISION AND RADIO ANTENNA (REVISIONS TO SECTIONS 3 AND 10 OF ZONING ORDINANCE) Chairman Arndt opened the hearing at 5:31 p.m. with the reading of publication #6219 as published in the Hutchinson Leader on Thursday, August 3,2000. Ms. Kreft presented the request to extend the moratorium. She stated that staff had received additional information from other communities and would like to incorporate the changes into the revised ordinance. Mr. Jones questioned what effect the extension would have. Ms. Kreft stated that there were not currently any applications for new towers. Ms. Wischnack added that Mr. Strommen, the attorney who made the presentation on telecommunication laws, stated that six months would be the longest a moratorium should be in effect. Mr. Haugen moved to close the hearing at 5:35 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Westlund moved to approve the extension of the moratorium until November 1, 2000. Mr. Jones seconded the motion. Motion to approve carried unanimously. b) CONSI DERATION OF A VARIANCE TO REDUCE TH E REQU I RED REAR YARD SETBACK FROM 30' TO 24.8' AS REQUESTED BY MILAN AND DEBRA YUREK (1200 WEST SHORE DRIVE) Chairman Arndt opened the hearing at 5:37 p.m. with the reading of publication #6222 as published in the Hutchinson Leader on Thursday, August 3,2000. Ms. Kreft presented the request. She stated that the construction on the house had already begun. She added that staff recommended approval of the variance since the lot depth on the southern portion of the lot did not meet the minimum depth of 130 feet for an R-1 District. Mr. Jones questioned if a variance was needed since the plat did not have the correct lot depth. Mr. Schieffer replied that a variance was required since the building setback was not met. Mr. Jones questioned if a variance would be needed every time the applicants wished to build. Ms. Wischnack replied that a non-conforming lot could be built on as long as the structures met the required setbacks. Mr. Westlund moved to close the hearing at 5:40 p.m. Mr. Haugen seconded the motion. The motion carried unanimously. Mr. Westlund moved to approve the variance request. Mr. Haugen seconded the motion. Motion carried unanimously. c) CONSIDERATION OF A CONDITIONAL USE PERMITTO CONSTRUCT A COMMERCIAL BUILDING IN THE I/C DISTRICT AS REQUESTED BY BRET RASMUSSEN (CENTURY AVENUE SW) Minutes Planning Commission - August 15, 2000 Page 2 Chairman Arndt opened the hearing at 5:41 p. m. with the reading of publication #6220 for the conditional use permit as published in the Hutchinson Leader on Thursday, August 3, 2000. Ms. Wischnack presented the request for a conditional use permit. She stated that since this property is located in an I/C District, all uses required a conditional use permit. She added that the setbacks in this District were recommended and could be modified by the Planning Commission. She stated that the major area of contention was the access point on Century Avenue. She added that staff recommended one of the three options listed in the staff report be implemented. Mr. Kirchoff questioned if the reduced interior lot line setback was to accommodate the loading berth. Ms. Wischnack replied that it was. Mr. Westlund questioned if the access could have been added as a condition during the lot split process. Ms. Wischnack replied that it could have been. Ms. Wischnack read the recommended conditions. Mr. Kirchoff questioned if the right-in, right-out could be handled by requiring additional signage. Ms. Wischnack replied that the City Engineer is adamant that one of the three options be used in order to maintain future safety of the street. Brett Rasmussen, property owner, stated that since the parking exceeded the required amount, only the parking spaces needed would be paved. He added that access to Century Avenue was essential to his business. He also added that his preliminary discussions with Janel Reiter, owner of Pet Hospital, were positive. Mr. Westlund questioned if the shared access would be a possibility. Mr. Rasmussen reiterated that Reiters were interested in a shared driveway if it did not include a significant amount of their property. Ms. Wischnack stated that the width of the shared drive and the potential of a future median could be addressed by the City Engineer prior to the Council meeting. Mr. Olsen questioned when the applicant planned to open. Mr. Rasmussen replied that he hoped to break ground as soon as possible. Mr. Jones moved to close the hearing at 6:05 p.m. Mr. Olsen seconded the motion. The motion carried unanimously. Mr. Jones moved to approve the conditional use permit with the following conditions: 1. When a sidewalk is constructed on Century Avenue SW, a connection to the proposed building should be created, 2. The applicant should work with the adjacent property owner to obtain an easement for a shared access, 3. The parking lot must be paved prior to June 1, 2001, 4. Access to Market Street may not occur until the street is constructed, and 5. Any signage requires a separate permit. Mr. Olsen seconded the motion. Motion to approve with the above conditions carried unanimously. d) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT AN ADDITION IN THE I/C DISTRICT AND CONSTRUCT TWO STORAGE BUILDINGS WHICH EXCEED 1000 SQUARE FEET AS REQUESTED BY HUTCHINSON MANUFACTURING (720 HWY 7 WEST) Chairman Arndt opened the hearing at 6:08 p.m. with the reading of publication #6221 as published in the Hutchinson Leader on Thursday, August 3,2000. Ms. Wischnack presented a map showing the separate parcels and the zoning. She also displayed an overhead of the survey submitted. She stated that the addition to the existing building encroaches over a lot line. She added that the Planning Commission could either allow this scenario or request that the property be replatted. Ms. Wischnack briefly reviewed the zoning history given in the staff report. She added that the zoning ordinance states that the parking area be paved if a building permit is requested. She also added that property is adjacent to the floodplain, but none of the property is located within the floodplain. She stated that the stormwater pond would need to be reconstructed. Mr. Westlund stated that Mr. Daggett, the property owner, had stated that he had attempted to establish a buffering plan, but it had not been continued. He added that there was some difficulty in having the neighboring property owners participate. Mr. Kirchoff questioned what the 1997 conditional use permit was issued to construct. Ms. Wischnack Minutes Planning Commission - August 15, 2000 Page 3 replied that it was to construct the two existing pole-type storage buildings. Greg Jenum, employee of Hutchinson Manufacturing, stated that the company did intend to purchase the property to the west from Tom Daggett. Ms. Wischnack stated that such a purchase would be a better situation since the building crosses the lot lines. She added that if a portion of the parcel to the west were sold, it would require a lot split and rezoning. Mr. Jenum also stated that the stormwater pond would be rebuilt. Mr. Arndt questioned if the house on the property had city services. Mr. Jenum replied that it did. Mr. Haugen pointed out that the Building Code did not allow openings in buildings to be built across the lot line. Mr. Jones questioned if the outdoor storage needed to be addressed. Ms. Wischnack replied that since the business has been in effect since 1953 and that the use would not be changing, it was not necessary to condition the outdoor storage. Mr. Jenum added that the company hoped to have even less outdoor storage with the construction of the proposed buildings. Mr. Olsen questioned what the applicant's timeline was. Mr. Jenum stated that it was as soon as possible. There was discussion regarding the landscaping and buffering plans. Ms. Wischnack stated that a condition could be added that would allow the applicants an extended amount of time to submit a plan. Mr. Schieffer stated that the Commission could also add a condition that once a more definite plan for the reconstruction of Hwy 7 is devised, an easement would need to be dedicated. Mr. Westlund questioned if the property owners were usually compensated for such an easement. Mr. Schieffer replied that they were, but that it appears that a dedication was to have been recorded with the 1984 conditional use permit. Discussion ensued regarding whether the property should be platted or if purchasing the property would be sufficient. Mr. Schieffer stated that the property should be replatted and that the lot lines should not encroach or eliminate the required setbacks. He also stated that the property should be rezoned at the same time. Mr. Kirchoff moved to close the hearing at 6:50 p.m. Mr. Westlund seconded the motion. The motion to close the hearing carried unanimously. Mr. Kirchoff moved to approve the conditional use permit with the following conditions: 1. The applicant must submit a landscape and buffering plan within one year which includes a statement outlining the implementation proposal. The applicant should make an attempt to include adjacent property as part of this plan, 2. The storm water ponding area must be reconstructed and a siltation buffer must be provided to prevent future problems, 3. A 40' easement, in a location determined by MNDOT, shall be dedicated at the time of reconstruction of Hwy 7 West, 4. To accommodate the proposed building addition, replatting the property must be done and 5. Rezoning must also be requested. Mr. Olsen seconded the motion. Motion to approve with the above conditions carried unanimously. Ms. Wischnack clarified that the landscaping plan will be reviewed by staff and not returned to the Planning Commission. e) CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED CORNER SIDE SETBACK FROM 25' TO 14' FOR THE CONSTRUCTION OF A DECK AS REQUESTED BY KEVIN AUGESON (805 FRANKLIN STREET SW) Chairman Arndt opened the hearing at 6:55 p.m. with the reading of publication #6223 as published in the Hutchinson Leader on Thursday, August 3,2000. Ms. Kreft presented the request and stated that staff recommend approval of the variance since there was not a conforming area to construct the deck. Mr. Haugen questioned whether it was a deck or a patio. Kevin Augeson, property owner, stated that it would be a deck, but that it would not be attached to the house. Mr. Jones questioned if the ordinance could be changed to avoid the variance process. Ms Kreft stated that in the case of a garage it is a conditional use permit. Minutes Planning Commission - August 15, 2000 Page 4 Mr. Kirchoff moved to close the hearing at 7:00 p.m. Mr. Haugen seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve the variance. Mr. Jones seconded the motion. Motion to approve with the above conditions carried unanimously. f) CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE REARRANGEMENT OF BROLL'S 3RD ADDITION FROM TWO 5-PLEXES TO FIVE TWINHOMESAS REQUESTED BY DAVID BROLL (SOUTH OF ORCHARD AVENUE AND WEST OF SHERWOOD STREET) Chairman Arndt opened the hearing at 7:01 p.m. with the reading of publication #6624 as published in the Hutchinson Leader on Thursday, August 3,2000. Ms. Wischnack presented the request and stated that the plat was located in an R-3 District. She stated that the lot size, depth and width requirements were different for five-plexes than twinhomes. She added that the plat would need to meet the minimum open space requirement of 20% either by a dedicated easement or an Outlot. Mr. Broil stated that it would meet the 20% required. Mr. Haugen questioned if the vacation of easements could be considered with the plat. Ms. Wischnack replied that it could since the public hearing notice included both items. Mr. Westlund moved to close the hearing at 7:05 p.m. Mr. Jones seconded the motion. The motion carried unanimously. Mr. Haugen moved to approve the preliminary and final plat and the vacation of easements with the following condition: the plat must meet the minimum 20% open space either by dedicated easement or by creating an Outlot. Mr. Kirchoff seconded the motion. Motion to approve with the above condition carried unanimously. 4. NEW BUSINESS a) CONSIDERATION OF A FINAL PLAT FOR A 3-LOT SUBDIVISION TO BE KNOWN AS COUNTY FAIR MARKETPLACE 2ND ADDITION AS REQUESTED BY RYAN COMPANIES FOR MARQUETTE BANK (SOUTH OF EDMONTON AVENUE AND WEST OF TH 15) Ms. Wischnack presented the request and stated that the width for Lot 2 had been increased to 200' as required. She also added that since a street will not be constructed at this time, an easement will need to be provided to allow for access to Lot 2. Discussion ensued as to whether or not access for the Outlot should be addressed. Mr. Westlund moved to approve the final plat with the following conditions: 1. Lot 2 may not be developed until a private easement agreement is provided or a new street including right-of-way is developed, 2. Outlot A will nee to be platted to provide for access and 3. The subdivider/property owner is responsible for any assessments or charges necessary for improvements to the parcel. Mr. Jones seconded the motion. Motion to approve with the above conditions carried unanimously. b) CONSIDERATION OF A LOT SPLIT AS REQUESTED BY MICHELLE PERNAR (106 SELCHOW AVENUE) Ms. Kreft presented the request. She stated that since the parcels are part of two separate plats, they could not be joined at the County level. She added that the remaining lot would meet all of the required lot dimensions. Mr. Kirchoff moved to approve the lot split with the following conditions: 1. Parcel B, as indicated on the survey, must remain under the same ownership as Lot 3, Block 1 of Schramm's Addition and 2. The shed, indicated on the survey, must be moved or removed. Mr. Haugen seconded the motion. Motion Minutes Planning Commission - August 15, 2000 Page 5 to approve with the above conditions carried unanimously. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF a) DISCUSSION OF FORMATION OF TASK FORCE TO REVIEW ANNEXATION OF AREAS ALONG JEFFERSON STREET SE Ms. Wischnack updated the Commission on the status of the annexation. She stated that the applicants, Rod and Ann Riewer, had withdrawn their request in order to allow for a task force to be formed to study the issues. She stated that this Task Force would include two property owners, a member of the town board and a member of the Planning Commission. Mr. Arndt suggested that a member of the Joint Planning Board also be added. b) UPDATE OF HWY 7 EAST ANNEXATION Ms. Wischnack stated that the request had been presented to the City Council and that they had directed staff to hold an additional neighborhood meeting. She stated that the outcome would hopefully be a joint resolution with Hutchinson Township. c) UPDATE ON STATUS OF HOME OCCUPATION REVISIONS Ms. Wischnack stated that the City Council had not approved the revisions to the home occupations because they had concerns of neighborhoods losing their residential character. She added that the Council would have a workshop. She invited any member of the Planning Commission to attend and contact her for the date and time. 7. ADJOURNMENT There being no further business, Mr. Jones moved to adjourn the meeting at 7:30 p.m. Mr. Westlund seconded the motion. Motion carried.