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12-16-2003 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, December 16, 2003 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Kirchoff at 5:30 p.m. with the following members present: Brandon Fraser, Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. 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 November 18, 2003 Mr. Hantge questioned the wording in two areas of the minutes. Ms. Baumetz will listen to the taped minutes and make the changes. Mr. Hantge moved to defer the action on the minutes until the next meeting to provide time to review the revised minutes. Seconded by Mr. Flaata. The motion carried. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY OUR SAVIOR'S LUTHERAN CHURCH TO CHANGE USE OF EXISTING PARSONAGE TO A CHURCH OPERATED CHILD CARE FACILITY LOCATED AT 810 BLUFF ST NE Ms. Wischnack stated the applicant would request to delay action on the submittal. She explained there are some building code related concerns. The church will review the concerns which include accessibility and fire code. Mr. Haugen moved to table the hearing to the January 20, 2004 meeting. Seconded by Ms. Otteson. The motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RED MCMONAGLE TO RESTORE THE STATE THEATER SIGN TO ORIGINAL LOOK PROJECTING ABOVE THE ROOF LOCATED AT 35 WASHINGTON AVE Chairman Kirchoff opened the hearing at 5:44 p.m. with the reading of publication #7129 as published in the Hutchinson Leader on December 4, 2003. Minutes Planning Commission - December 16, 2003 Page 2 Ms. Wischnack commented on the request and stated the restored tower will not be as tall as the original. There were pictures presented of the theater in the past, present and future. Ms. Wischnack stated the marquee will project over the right of way and must be at least 8 feet from the sidewalk. The ticket booth proposed to protrude into the right of way will require a franchise agreement with the city. Ms. Wischnack commented on the following staff recommendations: 1. Any encroachment into the right of way at grade level must be reviewed through the franchise process. 2. The marquee and design of the signage must follow the drawings submitted with the application dated 11/17/03. 3. The projection shall be reviewed for building code compliance to ensure safety of the structure. Discussion followed on flashing lights on the signs. Flashing lights are prohibited in the City. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 5:50 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations and the addition of a fourth recommendation stating "no flashing lights are allowed on the building or marquee". Seconded by Mr. Flaata. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council agenda at their meeting held December 23, 2003 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) DISCUSSION OF NOTICE FROM HENNEPIN COUNTY REGIONAL RAIL AUTHORITY REGARDING EXEMPT ABANDONMENT IN MCLEOD, CARVER AND HENNEPIN COUNTIES John Rodeberg, Director of Engineering, commented on tbhe abandonment of the rail road line. He explained the line was purchased by Hennepin County. He commented on the notice of abandonment and the letter from Atty. McGraw. He stated the motion should include verbage from Atty. McGraw's letter 'to preserve as a future transportation corridor" . Mr. Rodeberg stated the removal of the tracks will be clarified. He explained the McLeod County Rail Authority will own the main corridor and the City will own the industrial area portion. Mr. Hantge made a motion to approve the abandonment which is consistent with our plans to have the corridor preserved as a future transportation corridor. Seconded by Mr. Fraser. The motion carried unanimously. This item will be placed on the City Council agenda for their December 23,2003, meeting at 5:30 p.m. Minutes Planning Commission - December 16, 2003 Page 3 b) DISCUSSION OF NUISANCE ORDINANCE Ms. Wischnack explained the City is in the process of codifying the City Code. One of the sections deals with nuisances. She stated there are three categories as follows: Health, Morals and Decency and Peace and Safety. She explained the enforcement team was created to communicate between departments in a more cohesive manner. Ms. Wischnack pointed out the top nuisances as dogs, odor, weeds, junk, property line disputes, noise, rental property and drainage. The section of abating the enforcement was discussed. It was the consensus of the planning commissioners the property owners should have the opportunity to go to the City Council. Ms. Wischnack stated she will rewrite the ordinance for review next month. Atty. Sebora stated there should be a definition of public nuisance and define considerable number of the public. c) EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY MENARDS Ms. Wischnack commented on a request by Menards to extend their Conditional Use Permit to February, 2005. She reminded the Planning Commissioners of the original request for and new entrance and a pole type storage area on the south side of the lot. She stated the staff has no concerns with the extension. Mr. Hantge made a motion to recommend approval of the request. Seconded by Mr. Currimbhoy. The motion carried unanimously. Noting Ms. Otteson was not present. d) DISCUSSION OF LETTER FROM ORLlN HENKE REGARDING NEIGHBORING SNOW FENCE Ms. Wischnack commented on the letter from Mr. Henke, 410 School Rd N. She explained the steps taken by staff regarding the snow fence put up by the property owners at 400 School Rd. N. It was the consensus of the Planning Commission to forward the item to the City Council for their decision on the matter. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF a) Tour and Joint Meeting with City Council - ??Wednesday, January 28, 2004 - 3:30 p.m. to 6:00 p.m. ?? Ms. Wischnack stated the meeting will be public noticed. She asked the Commissioners to call with ideas for the tour. The agenda will be in the January 20 packet. Minutes Planning Commission - December 16, 2003 Page 4 7. ADJOURNMENT There being no further the meeting adjourned at 6:45 p.m.