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02-20-2001 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, February 20,2001 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 Olson, Dave Westlund, Jim Haugen, Dean Kirchoff, Brandon Fraser and Jeff Jones. Also present: Julie Wischnack, AICP, Director of Planning/Building/Zoning; Heather Bieniek, Planning Coordinator and Richard Schieffer, City Attorney. 2. CONSENT AGENDA Mr. Olson moved to approve the minutes as submitted. Mr. Haugen seconded the motion. Motion carried. 3. PUBLIC HEARINGS a) CONSI DERATION OF A CONDITIONAL USE PERMIT FOR A PORTABLE SIGN AS REQU ESTED BY THE KNIGHTS OF COLUMBUS FOR THE ANNUAL FISH FRY (1200 ADAMS ST SE) Chairman Arndt opened the hearing at 5:32 p.m. as published in the Hutchinson Leader on Thursday, February 8, 2001. Ms. Wischnack explained the request and stated this is the third year in a row they have applied. She also stated that staff recommends approval based of the condition they do not have flashing lights. Mr. Fraser moved to close the public hearing at 5:33 p.m. Mr. Kirchoff seconded the motion. The motion to close the hearing carried unanimously. Mr. Haugen moved to approve the conditional use permit with the condition that the sign does not have flashing lights. Mr. Kirchoff seconded the motion. Motion carried unanimously. b) CONSIDERATION OF A VARIANCE TO REDUCE THE SIDE YARD SETBACK FROM 6' TO 5.5' FOR AN EXIT FROM THE UPSTAIRS TO THE GROUND LEVEL AS REQUESTED BY LARRY AND SUE GILMER (561 GROVE ST SW) Chairman Arndt opened the hearing at 5:35 p.m. as published in the Hutchinson Leader on Thursday, February 8, 2001. Ms. Wischnack presented the request, displayed pictures of the property, and stated there were no other areas on the property to put the exit. She also went over the staff recommendations, a petition, and letters from the neighbors. Mr. Haugen asked if the residence was zoned an R-2, which would allow a duplex. Ms. Wischnack stated that yes, it was. Mike Field, 569 Grove St., stated his concerns about the neighborhood property value going down, noise levels, renters, and if it going to be used just for a fire escape why would there be need for a door when they could just as well use a ladder. Larry Gilmer, property owner, stated the hardship of their request is because their daughter is having a baby and it would be hard to escape through a window. Mr. Arndt asked if they had egress windows on both sides of the house. Mr. Gilmer replied that they do. Lori Hornick, 546 Grove St., stated that she has met some of the previous people the Gilmer's have rented to, so she knows they rent it out and that is why she believes they want to build the extra exit. Ms. Hornick also stated they have had to call the police numerous times, there are always parties going on and people driving by honking. Mr. Jones asked the staff if the Gilmer's would build an exit that met all the setbacks would they need a conditional use permit. Ms. Wischnack replied that they would not, just a building permit. Mr. Jones asked Mr. Gilmer why he wanted to build the stairway 36". Mr. Gilmer replied that the contractor said it would be better for the property value. Minutes Planning Commission - February 20, 2001 Page 2 Mr. Arndt asked Mr. Gilmer if he lived in the house. Mr. Gilmer stated that he did. Mr. Westlund asked if he would be willing to move the electric box. Mr. Gilmer stated that he did not know anything about that request. Mr. Westlund moved to close the hearing at 5:50 p.m. Mr. Jones seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to reject the variance. Mr. Jones seconded the motion. Motion carried unanimously. c.) CONSIDERATION OF A VARIANCE FOR A HEIGHT INCREASE FROM 16' TO 18.5' FOR THE CONSTRUCTION OF A 2 CAR GARAGE AS REQUESTED BY COLIN AND KARl MCGRAW (536 HASSAN ST SE) Chairman Arndt opened the hearing at 5:55 p.m. as published in the Hutchinson Leader on Thursday, February 8, 2001. Ms. Bieniek explained the request and stated they would be demolishing their old garage, which is a non- conforming use, and the new garage would meet all required setbacks. She stated that staff recommended approval of the request based on conditions. Commissioner asked if the current driveway exited from the driveway or the alley. Mr. McGraw responded that it exited to the street and the new driveway would be through the alley. Mr. McGraw went over three letters from neighbors stating that none of them had a problem with his project and all supported his idea. Mr. Fraser moved to close the hearing at 6:02 p.m. Mr. Jones seconded the motion. The motion carried unanimously. Mr. Jones asked Mr. Schieffer, city attorney if there had to be a hardship to approve the request. Mr. Schieffer replied yes, there had to be. Mr. McGraw stated that the topography of the land is the hardship. Mr. Haugen stated that in special historic districts it would be nice to have separate zoning codes for situations like this. Mr. Westlund moved to approve the variance with the conditions recommended by staff. Mr. Jones seconded it. The motion to approve with the following conditions: 1. The building can not be of pole construction. 2. The building may not be used for commercial purposes. 3. The construction must follow the plans provided (dated 1-9-01) Motion carried unanimously. d) CONSIDERATION OF A CONDITIONAL USE PERMIT FOR HUTCHINSON PUBLIC SCHOOL'S (PARK ELEMENTARY, 33 GROVE STREET SW), TO CONSTRUCT A 13,600 SQ FT PARKING LOT FOR THE USE OF THE SCHOOL'S VEHICLES (FOR THE DISABLED). Chairman Arndt opened the hearing at 6:07 p.m. as published in the Hutchinson Leader on Thursday, February 8, 2001. Ms. Wischnack explained the request and displayed photos and an aerial map of Park Elementary School. She stated that staff recommends approval based on conditions and the Chief of Police recommend putting a fence around the parking lot. Brian Mohr, director of Buildings and Grounds, explained the background and research of the proposed project. Mr. Arndt stated that he was at first worried about the trees they would be removing but his main concern is the safety of the children. Mr. Arndt disagrees with the fence recommendation but realizes they need to find away to keep other vehicles out of the parking lot. Mr. Mohr stated that a fine for parking in a handicap parking spot is $300.00. He also stated they have no problem with the recommendations from staff and they are also concerned about the trees. Megan McGraw, 414 Larson St., stated she is speaking on behalf of Park Elementary Community, not Minutes Planning Commission - February 20, 2001 Page 3 the disabled community. She stated that there are other ways to achieve the purposed parking lot idea that would not run through such a highly congested area. One suggestion she had was to reroute Glen St. She stated that she realizes the problem is real but we need a solution that meets the needs and safety of children with and without disabilities. Sandy McCormick, 120 Grove St., stated she had questions she wanted answered. She wants to know where the property lines are concerning the public parkland and the school land. She wants to know how much of the parkland is going to be lost. Ms. McCormick stated her concerns about the loss of Phy Ed space and the concern that once you cement something it never goes back to being park. Ms. Wischnack stated that the deeded property is the SW corner piece. The parking lot is proposed to be in the larger piece that is dedicated to the city. Ms. Wischnack stated that in her opinion the deed is not an issue. Mr. Schieffer stated that the commission, staff, nor the community can solve any survey questions. We need to get a survey of at least the boundaries. Mr. Kirchoff asked Mr. Mohr what the time line of the grant money is. Mr. Mohr replied that the grant money expires July 1,2001. Mr. Mohr stated that some of the money is coming from the Americans with Disability Levy but he does not want to be using that money as the main source. Mr. Schieffer stated that he briefly looked over the questions and the commission is here to approve or disapprove the permit based on if they meet the codes. It is between the community and the school to discuss all the other questions and answers. Becky Simmons, Assistant Principle, stated that an assessment is done each year at the school. Last year Tom Watson did a safety report and found out that including the morning and afternoon the center crosswalk has 44-66 students crossing a day. Mr. Kirchoff requested that the commission table the issue until the two parties had time to meet and discuss all the questions. Mr. Mohr replied that they had tried that. Ms. McCormick replied that it was short notice and she was not prepared to ask questions at that time. Mr. Arndt stated that we do not need to have an argument about it. He stated that Ms. Wischnack could facilitate a public get together. The issue of the 60-day waiver was brought up. Mr. Mohr stated that he would prefer to take action. Mr. Arndt stated that before the next meeting he would need public input about the community meeting and exact measurements of the property lines. Mr. Jones made the motion to close the public hearing at 7:15 p.m. Mr. Olsen seconded the motion. The motion to close the hearing carried unanimously. Ms. Wischnack stated that we would have to have a special Planning Commission meeting on the 6th, in order for the recommendation to make it to the council on the 13th. Mr. Olsen stated on the 6th, the survey information is needed and further detail on alternative parking lot spaces. Ms. Wischnack stated that staff would publicly notify the community members, the same ones who received notice of the public hearing about a special community meeting. 4. NEW BUSINESS 5. OLD BUISINESS a.)CONSIDERATION OF A CONDITIONAL USE PERMIT FOR RELOCATING A FUNERAL HOME REPLACING A BANK USE AT ECHO DRIVE AND HWY 15 SOUTH AS REQUESTED BY DOBRATZ- HANTGE FUNERAL CHAPEL (400 South Glen Street) Ms. Wischnack explained the request and stated that last month the request was tabled and we were waiting for a survey. Ms. Wischnack stated that staff does recommend approval based on conditions. Mr. Westlund asked if the assumption for Stage II approval was automatically thought of if Stage I was approved. Ms. Wischnack stated that they would need another sketch plan when they were ready to construct and the applicants know that approval of Stage I is different than Stage II. Randy Anderson, Kids Incorporated, stated his concerns about parking and traffic and the effect on his business. Mr. Robert Hantge replied that this is a business venture for him and his brother, most of the Minutes Planning Commission - February 20, 2001 Page 4 funerals are held at churches and the ones that are held at the funeral home the processions are headed by the police so it will be controlled. They will be providing adequate parking spaces for their visitors on site so they should not be using Mr. Anderson's parking spaces. Mr. Westlund moved to approve the conditional use permit with the conditions recommended by staff. Mr. Kirchoff seconded the motion. The motion to approve with the following conditions: 1. Phase II construction requires another conditional use permit review. 2. The processions from the site must exit onto the frontage road, not Echo Drive. 3. Parking lot spaces are required to be at least 10 feet from the property line and a minimum depth of 20 feet. 4. The entrance from Echo Drive must be a one way to the west. 5. Any utility relocation would be conducted at the owner's expense. Motion carried unanimously. 6. COMMUNICATION FROM STAFF a.) APPOINTMENT TO THE MAIN STREET ORGANIZATION- CHRISTIE ROCK, DIRECTOR OF ECONOMIC DEVELOPMENT, REQUESTING A PLANNING COMMISSION MEMBER TO BE APPOINTED TO THE MAIN STREET ORGANIZATION. Ms. Rock stated what the Main Street Organization consists of and how they got where they are today. General discussion of what the appointment would mean to the planning commission. Mr. Haugen is already on the board so he would be able to represent the planning commission. Mr. Haugen brought up that when his term is up they would need to appoint someone else to take over his role. Ms. Rock stated that the organization is not faced with hard, long issues like some of the ones brought before the Planning Commission board. Mr. Westlund stated that if the board felt it was a conflict of interest they could always pull their representative from the organization. Mr. Haugen was appointed as chair on the Main Street Organization board. b.) County Club Terrace- Mobile home park issues Ms. Wischnack brought everyone up to date on the case and said she checked on the survey they were supposed to do. They stated they were not going to do the survey, so the next stage will be issuing a misdemeanor ticket. 7. ADJOURNMENT There being no further business, Mr. Jones moved to adjourn the meeting at 8:05 p.m. Mr. Kirchoff seconded the motion. Motion carried.