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04-22-2002 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Monday, April 22, 2002 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Bill Arndt at 5:30 p.m. with the following members present: Jim Haugen, Dean Kirchoff, Lynn Otteson, Brandon Fraser, Kathy Hanneman and Chairman Arndt. Also Present : Julie Wischnack, AICP, City of Hutchinson Director of Planning/Building/Zoning, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. CONSENT AGENDA A) CONSIDERATION OF MINUTES DATED March 19, 2002 Mr. Kirchoff made a motion to approve the minutes dated March 19, 2002. The motion was seconded by Ms. Hanneman and carried unanimously. 3. PUBLIC HEARINGS A) CONSIDERATION OF A VARIANCE REQUESTED BY CHRISTIAN CHRISTENSEN TO REDUCE SIDE YARD SETBACK FROM 6' TO 2'4" FOR EXPANSION OF SHED LOCATED AT 915 2ND AVE SW Chairman Arndt opened the hearing at 5:31 p.m. with the reading of publication #6701 as published in The Hutchinson Leader on Thursday, April 4, 2002. Ms. Wischnack commented on the request and the property location. She presented pictures of the existing non-conforming structure and the proposed new shed. She stated the irregular terrain prohibits other site locations on the lot. There is also a substantial foundation which Mr. Christensen will use for the new building. Ms. Wischnack explained the staff recommendations. Ms. Hanneman asked if the existing shed is a legal non-conforming use or not. Ms. Wischnack stated it is a legal non-conforming use. Chairman Arndt stated the building can not be a boat house. Christian Christensen, 915 Second Ave. SW, property owner, stated this will not be a boat house. It will be a utility shed for storage with a 36" standard door. Ms. Hanneman questioned the hardship. Mr. Christensen explained the excavation problems to move the shed 6' from the property line. Mr. Kirchoff asked if there would be a need to remove trees. Mr. Christensen stated none would be moved. Mr Haugen moved to close the hearing. Seconded by Mr. Kirchoff the hearing closed at 5:38 p.m. Mr. Haugen made a motion to approve the request with staff recommendations. The motion was seconded by Ms. Otteson. Discussion followed with Ms. Hanneman commenting on granting variances on non-conforming structures. She stated it is not the best practice to add on to non- conforming structures. Chairman Arndt called for the vote. The motion passed with 5 ayes and 1 nay (Hanneman). Ms. Wischnack stated the item will be placed on the City Council consent agenda for their meeting April 23, 2002. B) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY BRUCE SCHULTZ TO INSTALL A 47" FENCE IN FRONT YARD LOCATED AT 545 MAIN ST. S. Chairman Arndt opened the hearing at 5:40 p.m. with the reading of publication #6702 as published in The Hutchinson Leader on Thursday, April 4, 2002. Ms. Baumetz commented on the request and location of the property. She explained staff Minutes Planning Commission - April 22, 2002 Page 2 recommendations. Mr. Bruce Schultz, 545 Main St. S, property owner, stated the fence would be off-set to show the corner of property and to give a look of the past. He stated there would be no gate. The fence would begin and end at the sidewalk. Ms Otteson moved to close the hearing, seconded by Mr. Haugen the motion carried and the hearing closed at 5:50 p.m. Ms. Hanneman made a motion to recommend to approve the request, seconded by Mr. Kirchoff. The motion carried unanimously. Ms. Baumetz stated the item will be placed on the City Council consent agenda for their meeting April 23, 2002. C) CONSIDERATION OF CONDITIONAL USE PERMIT AND SKETCH PLAN SUBMITTED BY KEVIN COMPTON TO CONSTRUCT TWIN HOMES IN PLANNED DEVELOPMENT DISTRICT Chairman Arndt opened the hearing at 5:50 p.m. with the reading of publication #6702 as published in The Hutchinson Leader on Thursday, April 4, 2002. Ms. Wischnack commented on the property location and request. She stated this property has been platted and replatted several times with changes in zoning as well. The property is now zoned Planned Development District which requires a conditional use permit for all development. The sketch plan which is included in the request is to accommodate 3 twin homes on the property. The preliminary plat will be presented next month. The lots meet minimum lot size requirements. Lot coverage allowed is 35% and this request would be at 38% lot coverage. Ms. Wischnack explained staff concerns which are with the drainage on the property and the south driveway too close to the intersection. The payment of SAC/WAC and Park dedication must also be addressed. She stated the staff recommends approval of the sketch plan and to table the conditional use permit until the May meeting and act on both the conditional use permit and preliminary plat at that time. Discussion followed on water services to the property and if there will be an association agreement addressing the maintenance of the shared driveways. Mr. Compton stated there will be no association documents. Mr. Kirchoff moved to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:04 p.m. Mr. Kirchoff made a motion to approve the sketch with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. Ms. Otteson moved to table the conditional use permit to amend the POD to the May 21, 2002, meeting. Seconded by Mr. Kirchoff the motion carried unanimously. D ) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY THE CITY OF HUTCHINSON TO CONSTRUCT A STORM WATER RETENTION POND IN THE FLOOD PLAIN LOCATED AT 840- 2ND AVE. SE Chairman Arndt opened the hearing at 6:06 p.m. with the reading of publication #6702 as published in The Hutchinson Leader on Thursday, April 4, 2002. Ms. Baumetz commented on the location of the pond and the request by the City of Hutchinson Engineering Department. She explained the staff recommendations. Discussion followed on pond depth. Ms. Wischnack explained the pond construction. Ordinary High Water on the pond is 1040' which is the 100 year elevation. There was further discussion of natural ponding methods and treatments. Chairman Arndt asked about the number of ponds in the area and if this pond is necessary. Discussion followed regarding the appropriate sizing for the area. Dick McClure, 945 - 5th Ave SE, asked about the assessments to his property. Ms. Wischnack stated staff would check into the assessments. Minutes Planning Commission - April 22, 2002 Page 3 John Rodeberg, City Engineer, explained the slope and the plantings to deter people from going into the pond. He does not recommend fencing ponds. He stated Mr. McClure will be assessed as the pond will benefit his property. This pond will handle an area of Hwy 7 which will drain in that direction. He explained private areas must provide their own ponding. Mr. McClure was not required to provide ponding in anticipation of this construction by the city. Mr. Rodeberg stated there will be plantings of prairie grass and wildflowers. He explained that portion of Arch St. will be removed. Mr. Haugen moved to close the hearing. Seconded by Ms. Hanneman the hearing closed at 6:25 p.m. Mr. Haugen made a motion to approve the request with staff recommendations. Seconded by Mr. Kirchoff the motion carried unanimously. Ms. Baumetz stated the item will be placed on the City Council consent agenda for their meeting April 23, 2002. E) CONSI DERATION OF A CONDITIONAL USE PERM IT REQU ESTED BY TH E CITY OF HUTCHI NSON FOR SHORELAND IMPROVEMENTS LOCATED AT 300 LES KOUBA PARKWAY Chairman Arndt opened the hearing at 6:26 p.m. with the reading of publication #6702 as published in The Hutchinson Leader on Thursday, April 4, 2002. Ms. Wischnack explained the request and location of the request. She states the improvements impacts the flood plain and flood way area. There will be plantings to reduce the wide gravel road and to slow traffic in the area. She explained the parks department received a grant to improve the park. Discussion followed on the gravel road. Mr. Kirchoff inquired about the use of the area by the fire department. Ms. Wischnack explain the issue is being resolved and she will check with the departments. Mr. Kirchoff moved to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:31 p.m. Mr. Kirchoff made a motion to approve the request with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. Ms. Hanneman commented on the landscaping and her appreciation for the improvement. Ms. Wischnack stated the item will be placed on the City Council consent agenda for their meeting April 23, 2002. 4. NEW BUSINESS A) CONSIDERATION OF ORDINANCE FOR ANNEXATION OF CITY PROPERTY LOCATED IN HASSAN VALLEY TWP. - EDMONTON AVE. RIGHT-OF-WAY (7.98 ACRES) AND PROPERTY DEEDED TO THE CITY FOR BICYCLE TRAIL PURPOSES (APPROX. 22.2 ACRES) Ms. Wischnack explained the location and ordinance. She stated this item is for information purposes and does not need approval. The property is city owned and will not take township approval. 5. OLD BUSINESS None 6. COMMUNICATION FROM STAFF 1. Jefferson St. annexation - Ms. Wischnack commented on the meeting with residents held April 15, 2002. She commented on the agenda items which included a feasibility study. She stated the process will begin with annexation by ordinance unless Hassan Valley Township would like an orderly annexation which may benefit the residents by incrementally instituting tax assessments over five or six years. 2. AUAR Report - Ms. Wischnack demonstrated locating the document on the web site. She explained the formal review will take place until July. Minutes Planning Commission - April 22, 2002 Page 4 3. Atty. Sebora commented on the determination by the City Council to appoint a Planning Commissioner whether the codes state in or out of city limits. He stated he is still researching the intent of the ordinance. 4. Atty. Sebora informed the commission there is consideration of licensing excavators who work in the city. The licensing would be handled by the city staff. 7. ADJOURNMENT There being no further business, the meeting adjourned at 7:00 p.m.