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09-17-2002 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, September 17,2002 Hutchinson City Council Chambers 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 Kathy Hanneman, Brandon Fraser, Jim Haugen, Lynn Otteson, Dean Kirchoff, Robert Hantge and Chairman Arndt. Absent: None Also present: Julie Wischnack, AICP, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated August 20,2002. Mr. Haugen moved to approve the minutes of August 20, 2002 as submitted. Seconded by Mr. Hantge the minutes were approved with Ms. Hanneman abstaining. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BURNS PHILP FOOD INC., 35 ADAMS STREET N.E. FOR REMOVAL OF TWO 4,000 GALLON STORAGE SILOS AND INSTALL ONE 20,000 SILO (FOOD GRADE) Chairman Arndt opened the hearing at 5:31 p.m. with the reading of publication # 6772 as published in the Hutchinson Leader on September 5, 2002. Ms. Wischnack commented on the request and explained the difference between flood plain, flood way and 100 year flood. She commented on the staff recommendations and conditions. Discussion followed on the tanks to be replaced. Mr. Tim Smith, Burns Philps, stated the smaller tanks were used for emergency only and were difficult to keep maintained. He stated the smaller tanks will be demolished to make room for the 20,000 gallon stainless steel tank with room for another tank in the future. There was discussion on the odor emitted from the plant. Mr. Smith explained the process of drying. He stated the new process will eliminate the odor. Mr. Smith stated the plant is in compliance with MPCA regulations. He stated there should be no odor at the Hutchinson site. That portion of the process will be moved to Alexandria. Minutes Planning Commission - September 17, 2002 Page 2 Ms. Wischnack stated there is record of PCA clearance on file at the City Center. Discussion followed regarding adequate means to take care of a spill. Mr. Smith explained no containment is required for food grade storage. A risk analysis has been completed and the plant is at a low risk assessment. They have also submitted flood proofing procedures. Mr. Smith stated loading and unloading is all done inside in full containment. He asked the commissioners to consider the permit be valid for 12 months instead of 6 months because of the time of year. Mr. Kirchoff moved to close the hearing. Seconded by Mr. Haugen the hearing closed at 5:43 p.m. Ms. Hanneman made a motion to approve the request with staff recommendations adding the condition of flood proofing and the permit being valid for 12 months. Seconded by Mr. Kirchoff the motion carried unanimously. Ms. Wischnack stated the request will be forwarded to City Council on their September 24, 2002 consent agenda. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LOWELL BAUMETZ, MODERN MAZDA, 585 HWY 7 WEST, TO CONSTRUCT A 3-BAY POLE TYPE ADDITION ONTO EXISTING BUILDING LOCATED IN I/C (INDUSTRIAL COMMERCIAL) DISTRICT Chairman Arndt opened the hearing at 5:45 p.m. with the reading of publication # 6773 as published in the Hutchinson Leader on September 5, 2002. Ms. Wischnack commented on the request and the history of the property. She explained a temporary hookup to sewer with ejection system will be used until the new street is constructed next to the property. She commented on the new fencing plan and explained staff recommendations. Discussion followed on future access to the property. Mr. Baumetz commented on placement of the existing shed. Ms. Wischnack stated the accessory shed must be 6 feet from interior property lines. Mr. Baumetz stated he is trying to purchase a 10' to 20' strip of land along the north side of his property for a possible screen of plantings. Mr. Haugen moved to close the hearing. Seconded by Ms. Otteson the hearing closed at 5:55 p.m. Mr Kirchoff made a motion to approve the request with staff recommendations. The motion was seconded by Mr. Fraser. Ms. Hanneman began discussion of buffering the North side of the property which is zoned R-1 (Single Family Residential). Further discussion followed regarding requiring a screening at the time of development to the north. Ms. Wischnack stated in the past, commercial properties bordering vacant residential property were required to screen after development of the residential at the time the business requested another permit for addition to their property. An example is Erickson Templin Construction. Chairman Arndt called for the vote. The motion Minutes Planning Commission - September 17, 2002 Page 3 carried with Ms. Hanneman voting naye. Ms. Wischnack stated the request will be forwarded to City Council on their September 24, 2002 regular agenda. c) CONSIDERATION OF VARIANCE REQUESTED BY GARY HAMMER, 646 HASSAN STREET S.E., TO REPOACE NON-CONFORMING GARAGE WITH 30' X 24' GARAGE TOO CLOSE TO NORTH AND WEST PROPERTY LINES Chairman Arndt opened the hearing at 6:05 p.m. with the reading of publication # 6774 as published in the Hutchinson Leader on September 5, 2002. Ms. Wischnack stated this is a challenging lot because of its small irregular shape. She commented on the request and present a sketch of the property which was submitted this afternoon. She stated the existing garage is setback 3.3' from the west property and 10" from the north line. Planning Staff is recommending the garage be placed no closer that 3' from the west property line. Ms. Wischnack explained access off 7th Ave. would not be advised because of a large tree which would need to be removed. This is a tight lot and there is a hardship because of lot size. A variance of some type could be granted. Discussion followed on the survey requested. Mr. Hammer explained the site plan provided. Ms. Wischnack stated fire proofing is required on the garage closer than 6' from the house. Discussion followed on the size of garage that would fit on the property and the proposed site plan based on the recommendations. Ms. Wischnack recommended tabling the request until a more complete site plan is submitted. She gave some options for the property owner. Mr. Haugen moved to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:25 p.m. Mr. Fraser made a motion to table the request until the October meeting and a site plan is submitted. Seconded by Mr. Kirchoff the motion carried unanimously. d) CONSIDERATION OF VACATION OF UTILITY EASEMENTS REQUESTED BY GREG WHEATLEY LOCATED BETWEEN LOTS 8 AND 9 BLOCK 1, ISLAND VIEW HEIGHTS SECOND ADDITION Chairman Arndt opened the hearing at 6:27 p.m. with the reading of publication # 6775 as published in the Hutchinson Leader on September 5, 2002. Ms. Baumetz explained the request for a vacation of easements between two lots to construct a house across the lot line. Mr. Hantge moved to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:30 p.m. Mr. Haugen made a motion to approve with Minutes Planning Commission - September 17, 2002 Page 4 staff recommendations. Seconded by Ms. Hanneman the motion carried unanimously. Ms. Wischnack stated the request will be forwarded to City Council on their September 24, 2002 consent agenda for the first reading. e) CONSIDERATION OF CONDITIONAL USE PERMIT AND VARIANCE REQUESTED BY BEN STENZEL, 55_5TH AVE. N.E., TO CONSTRUCT A 24'X32' ADDITION ONTO EXISTING 24'32' GARAGE (1536 SQ. FT.) 5.5' FROM PROPERTY LINE Chairman Arndt opened the hearing at 6:31 p.m. with the reading of publication # 6776 as published in the Hutchinson Leader on September 5, 2002. Ms. Baumetz explained the request for both a conditional use permit and variance. The garage will be larger that 1,000 square feet and will be closer than 6 feet to the property line. Ms. Otteson asked about the setback. Ms. Baumetz clarified. Mr. Kirchoff asked if there are utilities in the back yard. Ms. Baumetz stated there were none. Discussion followed on the distance from the back property line. Mr. Stenzel stated the garage will be 124' from rear line. Ms. Hanneman questioned if Mr. Stenzel had a building permit for the previous work on the garage. Mr. Stenzel stated he did receive a permit and explained the reason for the large addition. He stated the access would be drive-thru There was discussion on ordinances regulating garage size relative to the house size. Hutchinson does not have an ordinance like that now in place. When asked about drainage on the property, Mr. Stenzel explained the lot drainage pattern. Discussion followed on the interior floor of the present garage. Mr. Hantge moved to close the hearing. Seconded by Mr. Fraser the hearing closed at 6:46 p.m. Mr. Fraser made a motion to approve with staff recommendations. Seconded by Mr. Haugen, discussion followed regarding concerns with large garages on lots with smaller houses. There was also discussion on prior approvals and the changing needs of society. Chairman Arndt called for the vote. The motion carried on a 5 to 2 vote. Ms. Otteson and Ms. Hanneman voting nayes. Ms. Wischnack stated the request will be forwarded to City Council on their September 24, 2002 regular agenda. f.) CONSIDERATION OF CONDITIONAL USE PERMIT REQEUSTED BY MIDWEST WIRELESS TO CONSTRUCT A 140' MONOPOLE STYLE TOWER AND ACCESSORY BUILDING LOCATED AT THE MCLEOD COUNTY FAIRGROUNDS Minutes Planning Commission - September 17, 2002 Page 5 IlE\lISED g) Chairman Arndt stepped down from opening the hearing as he is a member of the Fair Board. Vice Chairman Kirchoff opened the hearing at 6:55 p.m. with the reading of publication # 6777 as published in the Hutchinson Leader on September 5,2002. Ms. Wischnack commented on the request and explained the staff report. She stated the submission is incomplete. The staff recommendations require a response from the Attorney General's office and that has not been received. Atty. Sebora reported there has been verbal conversation from MNSCU and the Attorney General of approval for placing a structure at the water tower at Ridgewater College. He stated an easement will be drawn within three weeks. Ms. Wischnack noted the Airport Commission must provide a recommendation. Mr. John Olson, Assistant Public Works Director, reported on concerns of the Airport Commission relating to location in the approach to the airport. He explained the low visibility. They require a verification of the ground elevation. An elevation of 1070 to 1080 would just meet the requirements. Mr. Chuck Beisner, Midwest Wireless, stated they have been in the process of expanding capacity in the area since October of 2001. He explained the issues with the water tower and the length of time it has taken to resolve the issue. Atty. Sebora stated he is confident the easement will be granted. Ms. Wischnack explained co-location efforts have not been exhausted as there has been nothing in writing of denial or approval. Mr. Fraser moved to close the hearing. Seconded by Ms. Hanneman the hearing closed at 7:10 p.m. Mr. Fraser made a motion to table the request for an incomplete submittal. Atty. Sebora stated the motion should not be tabled but deemed an incomplete submittal. Mr. Fraser amended the motion to state the application is incomplete. Documentation has not been provided to eliminate the possibility of co- location. Seconded by Mr. Haugen the motion carried with Mr. Hantge and Chairman Arndt abstaining. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RIGHT WAY BUILDERS INC. TO OPERATE A CONSTRUCTION BUSINESS OFFICE IN THE C-5 DISTRICT AT 225-3RD AVE. N.W. Chairman Arndt opened the hearing at 7:10 p.m. with the reading of publication # 6778 as published in the Hutchinson Leader on September 5, 2002. Ms. Baumetz explained the request in the C-5 (Conditional Commercial) district. Minutes Planning Commission - September 17, 2002 Page 6 Ford Rolfe owns the property to the East Ms. Baumetz commented on the letter received from the owners of Subway approving of the business however addressing concerns the property will be maintained properly. Roger Stearns, Stearnswood, commented on his concerns of the appearance of the property and possible improvements to the property. Mr. Kirchoff moved to close the hearing. Seconded by Mr. Haugen the hearing closed at 7:25 p.m. Ms. Otteson made a motion to approve with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. Ms. Wischnack stated the request will be forwarded to City Council on their September 24, 2002 consent agenda. h.) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY HUTCHINSON MUNICIPAL AIRPORT TO IDENTIFY AN AREA IN THE AIRPORT LAYOUT PLAN FOR CONSTRUCTION OF PRIVATE HANGARS Chairman Arndt opened the hearing at 7:26 p.m. with the reading of publication # 6779 as published in the Hutchinson Leader on September 5, 2002. Ms. Wischnack explained the I/C district requirements and the conditional use permit process. She stated the private hangars on leased land is an innovative plan. She explained the location of the request and commented on the recommendations. Ms. Wischnack stated parking requirements would be 3 spaces per hangar. Mr. John Olson, Assistant Public Works Director, stated a potential for restrooms existed. He commented on the discussions of the Airport Commission regarding the franchise and lease for private construction on public property. The lease will address theme of color and look. He stated there is one request for a franchise presently. Mr. Olson explained there is availability of water and sewer to the south. He stated there will be a limitation of what is to be stored in the hangars. Businesses will require a separate application and a more intensive use would require a conditional use permit. Up to three non-aircraft items are allowed to be stored in the hangar. Mr. Olson stated there is an insurance provision in the lease. Mr. Kirchoff moved to close the hearing. Seconded by Mr. Hantge the hearing closed at 7:37 p.m. Mr. Haugen made a motion to approve with staff recommendations. Seconded by Mr. Kirchoff the motion carried unanimously. Ms. Wischnack stated the request will be forwarded to City Council on their September 24, 2002 consent agenda. i.) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.07 REGULATING FENCE PLACEMENT Minutes Planning Commission - September 17, 2002 Page 7 Chairman Arndt opened the hearing at 7:38 p.m. with the reading of publication # 6780 as published in the Hutchinson Leader on September 5, 2002. Ms. Wischnack commented on the fence ordinance and the proposal for a sight triangle on corner lots. She explained the confusion of property owners when determining where the property line is from the curb. She asked the commissioners if a 5' setback from the right-of-way on corner lot sides should be recommended. Jeff Locy, property owner of corner lot, commented on his support of the new ordinance. Mr. Kirchoff moved to close the hearing. Seconded by Mr. Hantge the hearing closed at 7:55 p.m. Mr. Kirchoff made a motion to approve with staff recommendations including the 5 foot setback requirement. Seconded by Mr. Haugen the motion carried unanimously. Ms. Wischnack stated the request will be forwarded to City Council on their September 24, 2002 consent agenda for first reading and second reading on October 8,2002. 4. NEW BUSINESS a) Kathy Hanneman stated this is her last meeting. Her family is moving out of city limits. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF a) Julie gave an update on the Jefferson St. project. b) Bonnie updated the commission on the request for annexation of approximately 40 acres located in Hassan Valley township for residential development. c) Bonnie commented on a request to rezone property by L&P Supply to be on the agenda for October d) Julie asked the Planning Commissioners about the best time for a tour of completed projects previously requested. It was decided the tour would be set up on October 15th to leave the City Center at 4:15 p.m. and return by 5:30 p.m. for the meeting. 7. ADJOURNMENT There being no further the meeting adjourned at 8:15 p.m.