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10-16-2001 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 16, 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: Lynn Otteson, Brandon Fraser, Jim Haugen, and Dean Kirchoff. Also present: Julie Wischnack, AICP, Director of Planning/Building/Zoning; Heather Bieniek, Planning Coordinator, and Dick Schieffer, City Attorney. Absent: Jason Olsen and Jeff Jones 2. CONSENT AGENDA Mr. Haugen moved to approve the minutes for the September 18, 2001 meeting as submitted. Mr. Kirchoff seconded the motion. Motion carried. 3. PUBLIC HEARINGS a.) CONSIDERATION OF A 5' VARIANCE TO REPLACE A DECK THAT WAS REMOVED TO CONSTRUCT A PORCH IN A SHORELAND AREA, AS REQUESTED BY ROBERT HANTGE, 1210 LEWIS AVE. Ms. Wischnack asked if this public hearing could take place later in the night because the applicant will be late. The board agreed on this. b.) CONSIDERATION OF A CONDITIONAL USE PERMIT AND A VARIANCE TO MOVE A HOUSE FROM 336 FRANKLIN ST SWTO 505 FRANKLIN ST SW; CONSTRUCT A GARAGE LARGER THAN 1,000 SQUARE FEET; CONSTRUCT THE GARAGE CLOSER THAN 25 FEET TO THE PROPERTY LINE. Ms. Wischnack presented the request and stated with the plans that were originally submitted staff had some problems with the access and asked the applicant to turn the garage so the access would be off the alley and not on 5th Avenue. Mr. Arndt asked if the utilities are on the north side and if the applicants are going to be moving the utilities. Ms. Wischnack replied that the utilities were on the north side and they were not going to be moved. Mr. Kirchoff asked if staff had concerns about moving the house. Ms. Wischnack replied that it is not a complicated moving permit and it is only moving a couple blocks. Jim Fahey, applicant, stated that he is can not afford to move the utilities, but has considered putting poles in front of the transformer for safety reasons. Ms. Wischnack read a letter that was received in the planning office but because there was no name or address the letter is not legitimate. Mr. Haugen moved to close the hearing. Ms. Otteson seconded the motion. Motion to close the hearing carried unanimously. Ms. Otteson moved to approve the conditional use permit for the moving of the house. Mr. Kirchoff seconded the motion. Motion to approve carried unanimously. Mr. Haugen moved to approve the conditional use permit for an accessory building larger than 1,000 square feet with the following conditions: 1. No outdoor storage will be allowed on the property or on the roads. 2. The 2 sheds currently on the property must be removed by the time the house is issued the certificate of occupancy. 3. Any relocation of utility lines would be at the owner's expense. 4. The garage may not be pole constructed. 5. The garage may not be more than 16 feet in height. Minutes Planning Commission - October 16, 2001 Page 2 6. The garage fayade must match the home. 7. The garage must be complete within 6 months of the certificate of occupancy of the home. 8. Building must meet building code requirements. 9. Grading plans must follow the plans submitted on October 3rd, 2001. Mr. Fraser seconded the motion. Motion to approve carried unanimously. Mr. Kirchoff moved to approve the 5 foot front yard setback variance for the placement of the accessory building. Mr. Fraser seconded the motion. Motion to approve carried unanimously. Ms. Otteson asked what was going to be with the concrete apron on 5th Avenue. Ms. Wischnack replied that the city has agreed with the applicant that they (the city) will remove the apron. c.) CONSIDERATION OF A CONDITIONAL USE PERMIT AMENDMENT FOR A REVISED STORAGE AREA IN THE I/C DISTRICT AT THE COMPOST SITE, AS REQUESTED BY THE CITY OF HUTCHINSON, 1500 ADAMS ST SE. Chairman Arndt opened the hearing at 5:55 p.m. as published in the Hutchinson Leader on Thursday, October 4th, 2001. Ms. Wischnack presented the request and stated that when the compost site was first proposed one of the conditions on the permit was whenever an amendment or change was proposed to happen in the I/C area a public hearing would take place. She also stated that staff recommended approval with a few conditions. Mr. Haugen stated that he thought the recommendations were all taken care of in November 1999. Ms. Wischnack replied that they were, but for example the planting of the trees, a lot of them died and then a few new issues have arisen since then. Doug Johnson, Compost Facility Coordinator, stated that they have started to replant the trees but it is an expensive process and they have budgeted funds for next year for more landscaping. Mr. Haugen asked if the brush pile was already there. Mr. Johnson replied that yes it was there and the reason for the change in the layout is because now they can look at expanding the bin system. The workers at the compost site will also be moving the material a shorter distance. Mr. Haugen asked if by permitting this request would there be a more intense use of the site in that area. Mr. Johnson replied that this area will have people dropping off brush, but only wood products will be stored there. He also said that the brush will be tubbed out twice a year. General discussion about berms and barriers. Mr. Haugen asked Mr. Johnson if he has heard of any complaints from local residents. Mr. Johnson stated that there was complaints that the lighting was to bright but he thinks that problem was fixed last week. Mr. Johnson stated that MPCA was out, on site, a month ago and approved everything and could not find the source of any odors. Mr. Johnson also stated that he attended a one-day seminar to become a "nasal ranger" so if anyone has a complaint to go to him and he will drop everything to find the source of where it is coming from. General discussion about buffering and if the weather could affect the odors. Ms. Wischnack asked when the busy times for high traffic volumes were. Mr. Johnson replied that right now is the busy time because of residents dropping of grass clippings and leaves. Bob Anderson, 1545 Adams. St., stated that he is not in opposition to the CUP request but would like more information on when the replanting of the trees will take place. Mr. Johnson stated that next spring the replanting will take place. Mr. Anderson also asked about the noise levels and the length of operation. Mr. Johnson replied that the machines are only run in daylight, so they may run 12 hrs in the summer they only operate 8 a.m. - 5 p.m. Mr. Anderson stated he also has concerns about the odor and the amount offlies at his residence. Mr. Johnson replied that he agreed that there are flies out there and they are investigating to find some kind of fly bait that would not be harmful to other things. Minutes Planning Commission - October 16, 2001 Page 3 Bud Reinert, 1475 Adams St., stated that his main concern is the odor. Mr. Johnson stated that he would be more than happy for Mr. Reinert to come over to the site and describe the smell to help locate the source. Wayne Oliva, 1570 Adams St., stated that he has no complaints and finds the proposed site an improvement. Mr. Kirchoff moved to close the public hearing. Mr. Haugen seconded the motion. Motion to close the hearing carried unanimously. Mr. Fraser moved to approve the conditional use permit with the following conditions: 1.) Any substantial changes in the site plan must receive further review. 2.) Piles may not exceed 12 feet in height to reduce visibility from neighboring property owners and persons traveling on the highway. 3.) Applicant must provide some type of barrier between the piles of materials and the wetland/ditch areas. Mr. Kirchoff added the trees need to be planted by July 2002. (#4) Mr. Kirchoff seconded the motion. Motion to approve carried unanimously. d.) CONSIDERATION OF A VARIANCE TO CONSTRUCT A PARKING LOT LESS THAN 20 FEET FROM THE RIGHT OF WAY, AS REQUESTED BY MCLEOD COUNTY, 1065 5TH AVE SE. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Thursday October 4th, 2001. Ms. Wischnack presented the request and stated that staff recommended denial of the variance. Mr. Arndt asked if the current parking lot was a one-way. Ms. Wischnack replied that no, it was not. Ed Homan, applicant, gave a presentation about the proposed parking lot. He stated that they were asking for a 10 foot variance on the west side and the lot slopes back so they would be asking for a 3 % foot variance on the east side. Mr. Homan talked about the use of the building and the number of people who use the building. He stated that the hardship is the limited area to expand the building in the future, the access to the building should be controlled, and the use of the building has changed over the years, so the existing lot is not large enough. Mr. Homan stated that the county wants to provide adequate parking and they are agreeable with having an easement. Ms. Wischnack stated that staff was unsure of when the lot was platted and finds it odd that there is not a front easement. If there is a road construction project that area could be a big hassle. Mr. Homan said stated they (County) would be willing to compromise and provide a 10 foot easement to the City. Ms. Otteson stated she wanted clarification, staff recommended denial of the first application and now they recommend approval. Ms. Wischnack replied that it is important to have the easement. If approved, staff would like to see a condition including the easement. Mr. Homan stated that he understands where staff was coming from with their recommendation and also understands if the board would table their decision so the request could go back to staff. Mr. Kirchoff moved to close the public hearing. Mr. Fraser seconded the motion. The motion to close the hearing carried unanimously. Ms. Otteson moved to table the request so it could go back to staff with the new plan. Mr. Haugen seconded the motion. Motion to table carried unanimously. Ms. Wischnack asked Mr. Homan if he would sign the 60 day waiver. Mr. Homan stated that he would sign the waiver. a.) CONSIDERATION OF A VARIANCE FOR ROBERT HANTGE. Chairman Arndt opened the hearing as published in the Hutchinson Leader on Thursday, October 4th, 2001. Minutes Planning Commission - October 16, 2001 Page 4 Ms. Bieniek presented the request and stated that staff recommended approval with conditions. Mr. Haugen moved to close the public hearing. Mr. Kirchoff seconded the motion. Motion to close the hearing carried unanimously. Mr. Schieffer stated that this request is questionable if a variance was needed. He stated the he does not think this request is comparable to the other situation that happened in the Joint Planning area. Mr. Haugen moved to approve with the following conditions: 1.) The owner of the house may not add on to the deck in the future. 2.) The deck may not be enclosed into a porch. Mr. Kirchoff seconded the motion. Motion to approve the conditional use permit carried unanimously. 4. NEW BUSINESS a.) CONSIDERATION OF 3 LOT SPLITS FOR PROPERTY LOCATED AT LOT 4, BLOCK 1, NORTH PARK RIDGE TOWNHOMES, AS REQUESTED BY DENNY KAHL AND KEVIN COMPTON Ms. Wischnack presented the request and stated that the lot was subdivided and recorded with the County awhile ago and the procedure with the City was not completed. Ms. Wischnack also stated that the Board would have to decide if a variance would be needed for having lots less than 5,000 square feet and for having more than 35% of lot coverage. Ms. Otteson asked if the proper order would have taken place would a variance be needed. Ms. Wischnack replied that in the past applications were not reviewed as thoroughly as they are now, but it should have been required. Mr. Haugen asked what could happen if they do not grant the variances. Ms. Wischnack replied that the City could charge them with a misdemeanor but we are giving them the benefit of the doubt and we are doing this to clear up the record. General discussion on how to have better communication with the County Recording Office so this does not happen again. Mr. Fraser made the motion to approve the lot split with the following attachment: 1. A variance would not be needed for having some of the lots smaller than 5,000 square feet and for having more than 35% of the lot covered with the primary building. Mr. Kirchoff seconded the motion. Motion to approve the lot split carried 4-1 with Mr. Haugen voting against the motion. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF 1. Ms. Wischnack talked about the threat of terrorism and how the City of Hutchinson is reacting (fencing at the water plant and around the water towers). 2. Staff announced the meeting date and time for the vision session for the downtown and the next comprehensive plan meeting. 3. Tentative November agenda. 7. ADJOURNMENT There being no further business, Mr. Haugen moved to adjourn the meeting at 7:45 p.m. Mr. Olsen seconded the motion. Motion carried.