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10-15-2002 PCM c MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 15, 2002 Hutchinson City Council Chambers 1. CALL TO ORDER 6:00 P.M. The meeting was called to order by Chairman Bill Arndt at 6:00 p.m. with the following members present 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 September 17, 2002 Mr. Haugen moved to approve the minutes of September 17, 2002 as submitted. Seconded by Mr. Kirchoff the minutes were approved. 3. PUBLIC HEARINGS a) CONSIDERATION OF ANNEXATION LOCATED IN HASSAN VALLEY TOWNSHIP REQUESTED BY HUTCHINSON LAND HOLDINGS, LLC. (SHIMEK PROPERTY) Chairman Arndt opened the hearing at 6:05 p.m. with the reading of publication # 6785 as published in the Hutchinson Leader on October 3, 2002. Ms. Wischnack commented on the request and explained the location. She stated Edmonton Avenue is a city boundary. She explained the process of annexation by ordinance and commented on the staging of services to that area. Ms. Wischnack stated it will be late next Fall before the City can complete the project. Bill Watkins, partner with Paul Betker and Hutchinson Land Holdings, LLC, stated they would try to keep within the Fall 2003 timeline. He explained the density of the project as approximately 130 residential lots with a mixture of single family and two family. Sandy Lietz, 1540 Jefferson St. South, questioned location of the future services. Ms. Wischnack stated the first phase would begin on the west end of the property. The sewer line would come from Edmonton Avenue and the water would come from the north. She stated there could be services from Jefferson St. in the future. Mr. Kirchoff moved to close the hearing. Seconded by Mr. Hantge the hearing closed at 6:11 p.m. MS.Otteson made a motion to approve the Minutes Planning Commission - October 15, 2002 Page 2 request. Seconded by Mr. Haugen the motion carried unanimously. Ms. Wischnack stated the request will be forwarded to City Council on their October 22, 2002 consent agenda. b) CONSIDERATION OF VARIANCE REQUESTED BY GENE EBNET, 106 GARDEN RD., TO CONSTRUCT AN ADDITION TO A NON- CONFORMING GARAGE 2.6 FEET FROM PROPERTY LINE Chairman Arndt opened the hearing at 6:15 p.m. with the reading of publication # 6786 as published in the Hutchinson Leader on October 3, 2002. Ms. Baumetz explained the request and the staff's split decision on the variance. She commented on phone calls and a letter received from the neighboring property owner to the west regarding the placement of the utility shed on the property line. Mr. Ebnet, 106 Garden Road, stated he would like to keep the shed. Discussion followed on the placement of the utility shed. There was also discussion regarding issues with adding onto a nonconforming garage and where fire wall construction is to be placed. Staff will confirm with the Building Official whether the fire wall is to be across the entire north wall of the building. Mr. Fraser commented on the overhang of the addition being the same as the existing garage. Mr. Kirchoff moved to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:34 p.m. Mr. Fraser made a motion to approve the request with staff recommendations adding the addition must conform with the existing overhang design. Seconded by Mr. Haugen, discussion followed regarding the utility shed placement at least 2 feet from the west property line. Mr. Fraser amended the motion to include the utility shed must be moved 2 feet to the east. Seconded by Mr. Haugen the motion carried on a 5-1 vote with Ms. Otteson voting nay. Ms. Wischnack stated the request will be forwarded to City Council on their October 22, 2002 regular agenda. c) CONSIDERATION OF REZONING PROPERTY FROM R-1 TO C-2 REQUESTED BY L&P SUPPLY, 1470 SOUTH GRADE RD. Chairman Arndt opened the hearing at 6:35 p.m. with the reading of publication # 6787 as published in the Hutchinson Leader on October 3, 2002. Ms. Wischnack explained the annexation of the property and commented on the request to install a sign which triggered the need to rezone the property to commercial. She stated staff did question if this would be spot zoning. Ms. Wischnack commented on the letter received from the Minutes Planning Commission - October 15, 2002 Page 3 McLeod County Engineer regarding the access to the property. She also commented on the letter written in 1983 from the County Engineer regarding the same issues of safe access. A conditional use permit will also be required for the business. A site plan must be provided including display area, parking, landscaping, etc. Discussion followed regarding access and limitations for vehicles with trailers. There should be sufficient turnaround area for vehicles. Mr. Lokensgard, B & B Properties, stated they would try to keep the west portion of the property open for trailer turnaround area. He stated he has no problem with changing the access. Mr. Hantge moved to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:44 p.m. Mr. Kirchoff made a motion to approve the request with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. Discussion followed on the deadline date of November, 2002, to apply for the conditional use permit. Ms. Wischnack stated the request will be forwarded to City Council on their October 22, 2002 consent agenda. d) CONSIDERATION OF VARIANCE REQUESTED BY LARSON BUILDERS TO CONSTRUCT A THREE SEASON PORCH 40 FEET FROM THE SHORELAND LOCATED AT 346 SCHOOL ROAD Chairman Arndt opened the hearing at 6:46 p.m. with the reading of publication # 6788 as published in the Hutchinson Leader on October 3, 2002. Ms. Wischnack commented on the request for the deck and three-season porch and the Shoreland Management requirements. She commented on the existing landscaping and vegetation along the lake. The townshomes were constructed in 1979 and the Shoreland Management Ordinance was not adopted until 1992. Ms. Wischnack reported a permit was issued to the neighbor next door in 1999 for a three-season porch. Doug Kephart, Larson Builders, stated replacement of the existing deck would require a variance. He also stated the porch or sun room will require footings. He reported there was approval from the town home association. Ms. Wischnack commented on a letter received from Rob Collett, DNR Area Hydrologist, recommending denial. Mr. Hantge moved to close the hearing. Seconded by Mr. Kirchoff the hearing closed at 6:55 p.m. Mr. Hantge made a motion to approve the request with staff recommendations noting the hardship being the Shoreland Management Ordinance was adopted in 1992 after the units were constructed. Seconded by Mr. Kirchoff the motion carried unanimously. Ms. Wischnack stated the request will be forwarded to City Council on their October 22,2002 consent agenda. Minutes Planning Commission - October 15, 2002 Page 4 e) CONSIDERATION OF VARIANCE REQUESTED BY DAVID VANDENBERG, 1035 JEFFERSON ST., TO REDUCE DRIVEWAY SETBACK FROM 5 FEET TO 1 FOOT Chairman Arndt opened the hearing at 7:00 p.m. with the reading of publication # 6790 as published in the Hutchinson Leader on October 3, 2002. Ms. Wischnack commented on the request for a reduction from 5 feet to 1 foot. She stated Mr. VandenBerg has submitted a letter changing the request to 3 feet from the property line. She commented on the letter reporting parking problems. Ms. Wischnack explained the ordinance to replace driveways and commented on complaints from neighboring property owners regarding driveways. Staff recommends denial of the requested based on no definite hardship given. Josh VandenBerg, 1035 Jefferson St. South, commented on reasons for the request to get cars off the street. He stated there has been vandalism to their vehicles. He explained the use of the second garage and how that is accessed. Mr. VandenBerg reported there is no legal access to the back of the second garage. David VandenBerg, 1035 Jefferson St. South, stated there is a driveway behind the second garage and he does access through the Hansen property. Jeanette Larson, 1045 Jefferson St. South, stated she did agree to the 3 foot request but they should follow the 5 foot requirement. She reported there is room for at least 6 cars on the lot. She stated they object to the request for a driveway 3 feet from the property line. Discussion followed on adding a driveway to the north for more parking. Mr. VandenBerg stated he will also be adding to the north. Ms. Otteson moved to close the hearing. Seconded by Mr. Hantge the hearing closed at 7:15 p.m. Ms. Otteson made a motion to deny the request on the basis of no definitive hardship given. Seconded by Mr. Haugen the motion carried unanimously. Ms. Wischnack stated the request will be forwarded to City Council on their October 22, 2002 consent agenda. f) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RIGHT WAY BUILDERS TO OPERATE A CONSTRUCTION BUSINESS OFFICE IN THE C-5 DISTRICT AT 177-3RD AVE. N.W. (BRIAN WENDLANDT, OWNER) Chairman Arndt opened the hearing at 7:17 p.m. with the reading of publication # 6789 as published in the Hutchinson Leader on October 3, 2002. Minutes Planning Commission - October 15, 2002 Page 5 Ms. Baumetz explained the request reviewing the permit application of September for the same request at a different address in the C-5 district. This property is actually two lots and there will be no outside storage. There is not enough paved parking on one lot however the second lot will be used for parking which is permitted in the flood plain. Discussion followed on the parking being paved with the change of ownership. John Mast, Right Way Builders, asked when the paving must be completed. Ms. Wischnack stated the entire lot does not have to be paved only what is required for parking. Discussion followed and it was the consensus of the Planning Commission paving must be complete by June 30, 2003. Mr. Kirchoff moved to close the hearing. Seconded by Mr. Hantge the hearing closed at 7:25 p.m. Mr. Kirchoff made a motion to approve the request with staff recommendations adding the parking must be paved no later than June 30, 2003. Seconded by Mr. Haugen the motion carried unanimously. Ms. Wischnack stated the request will be forwarded to City Council on their October 22,2002 consent agenda. 4. OLD BUSINESS 5. COMMUNICATION FROM STAFF a) Appointment to the Planning Commission. - Ms. Baumetz stated a new Planning Commissioner will be appointed at the next City Council meeting. 6. ADJOURNMENT There being no further the meeting adjourned at 7:30 p.m.