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05-18-2004 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 18, 2004 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 (.5:35 p.m.), Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge (5:46 p.m.) and Chairman Kirchoff. Absent: Also present: Julie Wischnack, AICP, Planning Director, Marc Sebora, City Attorney, John Rodeberg, Director of Engineering, Miles Seppelt, EDA Director and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated April 20, 2004 Mr. Currimbhoy moved to approve the minutes of April 20, 2004 as submitted. Seconded by Ms. Otteson. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY PEACE LUTHERAN CHURCH TO USE PROPERTY LOCATED AT 400 GLEN ST S. (FORMER HANTGE FUNERAL CHAPEL) FOR CLASS ROOMS AND MEETING ROOMS LOCATED IN THE R2 DISTRICT Chairman Kirchoff opened the hearing at 5:40 p.m. with the reading of publication #7188 as published in the Hutchinson Leader on May 6, 2004. Ms. Baumetz commented on the request for the church to use the former Hantge Funeral Chapel for classrooms, meeting rooms and youth activities. She stated there is a possibility the upstairs would be turned into an apartment. The lot is zoned R2 which would permit housing. She commented on the staff recommendations as follows: 1. The Building Official and Fire Officer must inspect the building and complete a code review. 2. Expansion of use beyond the application (classrooms, meeting rooms, youth group, apartment) would require further review. Ms. Baumetz stated there were no neighboring property owners objecting to the request. Minutes Planning Commission - May 18, 2004 Page 2 Mr. Haugen made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 5:45 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Currimbhoy. The motion carried with Chairman Kirchoff abstaining. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held May 25, 2004 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF VARIANCE REQUESTED BY 3-D CNC LOCATED AT 1055 5TH AVE. SE TO REDUCE SIDE YARD SETBACK FROM 20 FEET TO 17 FEET FOR THE CONSTRUCTION OF AN ADDITION ONTO AN EXISTING NONCONFORMING BUILDING AND REDUCE PARKING SPACE LENGTH BY 2 FEET Chairman Kirchoff opened the hearing at 5:46 p.m. with the reading of publication #7189 as published in the Hutchinson Leader on May 6, 2004. Ms. Wischnack commented on the request explaining the placement of the addition and the existing building. She stated the original plans showed a 20 foot setback. She explained there was a one stop shop meeting with the property owner. She also commented on the parking stall variance to ease access in the area. Ms. Wischnack explained there is adequate parking on the property. Landscaping requirements are 13 additional trees. The property owner is requesting 14 shrubs be allowed in place of the trees. The applicant has provided plans that indicate a new stormwater area to the north of the parcel. There must be an overflow outlet for the pond in the event of an unusual storm event. Ms. Wischnack stated the hardship as the error in the placement of the original building. She commented on the staff recommendations as follows: 1. Additional trees should be added to the landscaping plan (2 inch minimum). Further discussion and coordination with the City Forester could assist in the process. 2. Plantings shall be completed prior to final inspection of the building 3. A design for the outlet pipe on the northern end of the property must be submitted, prior to permit issuance. 4. Parking lot must be paved prior to permit issuance. 5. Garbage area must be enclosed and screened. Ms. Wischnack clarified number 4 to read prior to certificate of occupancy issuance. Discussion followed on the shorter handicap parking. Mr. Rodeberg stated with the room for overhang of the vehicle the requirements would be met. He stated the lot drains by a swale. He explained in the present pond area the water soaks in the ground to dry with the addition ground coverage a small outlet will be needed to drain the pond. Ms. Wischnack commented on the forester's review. Minutes Planning Commission - May 18, 2004 Page 3 Ms. Otteson made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 5:49 p.m. Mr. Haugen made a motion to recommend approval of the request based on the hardship of the error in the building placement with staff recommendations changing #4 to "certificate of occupancy issuance" instead of "permit issuance". Seconded by Mr. Flaata. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held may 25,2004 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF VARIANCE REQUESTED BY BARRY OLSON TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 18 FEET FOR THE CONSTRUCTION OF A COVERED ENTRY LOCATED AT 304 COLLEGE AVE N.E. Chairman Kirchoff opened the hearing at 5:50 p.m. with the reading of publication #7190 as published in the Hutchinson Leader on May 6, 2004. Ms. Wischnack explained the request to reduce front yard setback for the construction of a roof over the deck which is being constructed presently. She stated the ordinance allows a deck to be % the distance into the yard however a variance is required to cover the entry as it is not 25 feet from the property line. The hardship is the age of the home built before the ordinances were in place. She commented on the following recommendations: 1. A survey of the property is required to verify property lines (anticipated receipt 5/18/04). 2. The addition must not extend into the setback beyond that of the existing garage. 3. Must not build over utility lines or meters which must be moved at owner's expense. Ms. Wischnack explained number 1 has been completed. Mr. Olson stated there are no meters in the area of construction. The utility box on the west side of the deck will not be covered. Mr. Flaata made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:00 p.m. Mr. Fraser made a motion to recommend approval of the request with staff recommendations number 2 and 3. Seconded by Mr. Haugen. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held May 25, 2004 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF VARIANCE REQUESTED BY DAVID BROLL TO INCREASE LOT COVERAGE REQUIREMENTS FROM 35% TO APPROXIMATELY 37% FOR CONSTRUCTION OF FOUR-SEASON PORCH ON TOWNHOUSE LOCATED AT 70 ORCHARD AVE. S.E. Minutes Planning Commission - May 18, 2004 Page 4 Chairman Kirchoff opened the hearing at 6:01 p.m. with the reading of publication #7191 as published in the Hutchinson Leader on May 6, 2004. Ms. Wischnack explained the lot coverage requirement and stated we have granted such variances in the past. She explained the calculations for lot coverage are made in different ways either by individual lot or all lots involved. In this case, the coverage is over the requirement for both lots. She commented on the staff split vote of 6 to deny and 9 to approve. Some of the staff had issues with the house being too large for the lot. She explained the hardship created by the stringent code and commented on the drainage in the area. Ms. Wischnack commented on the staff recommendations as follows: 1. Utility meters must not be covered by the construction and removal would be at owner's expense. 2. The drainage in the southern portion of the property is questionable. Particular attention to how this area drains to the east and along the side property line is of the utmost importance. The drainage solutions must be presented prior to construction of this addition. 3. This lot may not contain any more structures. David Broil, property owner, stated he will work with the City on drainage. He explained the house meets all setbacks and won't decrease the value of the other townhomes. Ms. Otteson made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 6:07 p.m. Discussion followed regarding the lot sizes and coverage. Mr. Broil explained lots 7 and 8 had the same issues and he decided to follow the code requirements. The final two lots are large enough for the additional coverage. Ms. Wischnack stated the property owner at 62 Orchard did call regarding drainage. Mr. Flaata made a motion to recommend approval of the request with staff recommendations based on the hardship created by code too stringent and the overall impact of the development will not be affected. Seconded by Mr. Hantge. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held May 25,2004 in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF VARIANCE REQUESTED BY RANDALL AND EDITH CARLSON, PROPERTY OWNERS, TO REDUCE FRONT YARD SETBACK FROM 25 FEET TO 8.8 FEET FOR THE CONSTRUCTION OF ADDITION TO EXISTING NONCONFORMING DUPLEX LOCATED AT 426 HURON STREET SE. Chairman Kirchoff opened the hearing at 6:14 p.m. with the reading of publication #7192 as published in the Hutchinson Leader on May 6, 2004. Ms. Baumetz commented on the request and updated the Planning Commissioners on the staff discussion regarding the size of the addition. The house is a duplex and the staff are concerned with another unit being added. This area is zoned R2 for single and two family only. She Minutes Planning Commission - May 18, 2004 Page 5 explained one of the recommendations is a letter stating the house will be used as a duplex only. She commented on the recommendations as follows: 1. There must not be additional living units in the house. Two families (as defined by ordinance) is the maximum. 2. A written statement from the property owner that this home would only be used for two families. 3. The building inspector/fire service administrator shall verify all of the appropriate life/safety codes are being met. 4. Removal or relocation of services is at owner's expense 5. Grading of the site must not negatively impact the neighboring properties. 6. Addition must not extend closer than shown on the survey dated 4/20/2004. 7. If trees are removed on the lot, boulevard trees must be planted to replace the trees lost. Gerald Maidl, son-in-law of the property owners, explained the makeup of the addition adding a living room and 2 bedrooms to both floors. He stated the apartments are very small. He explained he and his wife live in one unit which has a separate entrance. One tree was removed. He stated the downstairs entrance will be from the front and a back door is also being planned. The entire house will be resided. Ms. Wischnack stated the Building Official has completed a review of the house. Ms. Baumetz stated the property owners across the street were concerned the addition would be placed closer to the road than the existing home. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:26 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations the hardship being the large boulevard and the age of the home before the ordinances were in place. Seconded by Mr. Hantge. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held May 25, 2004 in the Council Chambers at 5:30 p.m. f) CONSIDERATION OF VACATION OF LOUISIANA STREET AND THE 10 FOOT UTILITY AND DRAINAGE EASEMENT DIRECTLY TO THE WEST OF THE STREET REQUESTED BY LEO SAND, SAND PROPERTIES, PROPERTY OWNER Chairman Kirchoff opened the hearing at 6:28 p.m. with the reading of publication #7193 as published in the Hutchinson Leader on May 6, 2004. Minutes Planning Commission - May 18, 2004 Page 6 Ms. Baumetz explained the request and stated the drainage and utility easements will be platted with the future development. She commented on the staff recommendations as follows: 1. All piled concrete material be removed from the property by June 30, 2004. 2. Future development plans must be reviewed under separate processes. Dean Bertram, neighbor on 7th Ave, asked if a fence could be placed to buffer the properties in his development from this development as protection. Discussion followed on the fence to decrease movement between developments. Neil Fortier, Sand Properties, stated he understands the issues and explained the fence requirement should be considered at the time of development. Mr. Hantge made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:33 p.m. Ms. Wischnack stated the fence issue will be addressed at the time of the Conditional Use Permit. Ms. Otteson stated a police report should be received to substantiate the fence placement. There could possibly be a neighborhood meeting at the time of development. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Currimbhoy. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held May 25, 2004 in the Council Chambers at 5:30 p.m. g) CONSIDERATION OF CONDITIONAL USE PERMIT AND VARIANCE REQUESTED BY SCOTT GLASER, PROPERTY OWNER, TO CONSTRUCT A RETAINING WALL IN THE EASEMENT AND TO REDUCE SIDE YARD SETBACK 1 FOOT TO CONSTRUCT A HARDSURFACED DOG WALK 4 FEET FROM PROPERTY LINE LOCATED AT 785 ROBERTS ST. S.W. Chairman Kirchoff opened the hearing at 6:36 p.m. with the reading of publication #7194 as published in the Hutchinson Leader on May 6, 2004. Mr. Hantge stepped down from the Commission. Ms. Wischnack explained this was not an easy request and staff had much discussion regarding the retaining wall and drainage of the property. She reported the landscaper suggested a swale between the homes. She explained there are other sites in the neighborhood like this. Ms. Wischnack stated the staff recommended denial of the Conditional Use Permit and Variance because of drainage concerns. She commented on options for staff recommendations should the Commission approve the request as follows: 1. After construction of the retaining wall, the final grades should be approved by the Engineering Department. Minutes Planning Commission - May 18, 2004 Page 7 2. The property owner is responsible to relocate any utility lines in the area. John Rodeberg commented on the drainage issues and concerns he has with the request. He stated the entire area of the yard drains through the area to be made smaller. This potentially could create problems. He explained there are other options for the dog walk placement. Discussion followed on other placement options and proper grading to eliminate drainage problems. Mr. Rodeberg stated there is some problem not significant flooding. Mr. Glaser, property owner, explained the purpose of the kennel placement so the dog could go into the garage. He stated he wanted to compete this project before the lot next to him is developed. He explained the dog walk could be used for a patio in the future. Mr. Glaser stated there are other alternatives, however, the kennel would then have to be made permanent. Mr. Flaata made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 6:52 p.m. Mr. Fraser made a motion to recommend approval of the Conditional Use Permit with staff recommendations. Seconded by Mr. Haugen. The motion carried with Mr. Hantge abstaining. Ms. Otteson stated she has no problem with the retaining wall however the dog run variance is not appropriate since there are issues with drainage and dog feces runoff. Mr. Fraser made a motion to recommend approval of the variance due to the hardship of the house placement with staff recommendations. Seconded by Mr. Currimbhoy. The motion carried with one nay and Mr. Hantge abstaining. Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held May 25, 2004 in the Council Chambers at 5:30 p.m. h) CONSIDERATION TO ANNEX 80 ACRES BY ORDINANCE REQUESTED BY THE EDA KNOWN AS THE STRITESKY PROPERTY Chairman Kirchoff opened the hearing at 6:58 p.m. with the reading of publication #7195 as published in the Hutchinson Leader on May 6, 2004. Ms. Wischnack stated the EDA is purchasing the property contract for deed from the Stritesky family. She updated the Commission on the State Statutes regarding annexations over 60 acres. This property is 80 acres. She explained Hassan Valley Township has 90 days to respond which will be up on June 22, 2004. If the Township objects, the State continues the process. Mr. Seppelt explained the EDA would like to secure additional area for industrial space. The goal is for industrial development which will not affect the residential properties. He stated Creekside Compost has an interest in 20 acres to locate leaf storage. There would be a tall fence or berming and planting constructed to shield the composting. Minutes Planning Commission - May 18, 2004 Page 8 A letter from Mr. Walt Clay was read regarding his concerns with the annexation and the proposed use of the property unless a fence is constructed. Mr. Seppelt stated there is no commitment by Creekside to own or lease the property at this time. Discussion followed on the process of rezoning and Conditional Use Permit. Ms. Wischnack stated 1-2 (Heavy Industrial) would allow the compost site. Mr. Fraser made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 7:13 p.m. Ms. Otteson made a motion to recommend approval of the request. Seconded by Mr. Hantge. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held May 25, 2004 in the Council Chambers at 5:30 p.m. i) CONSIDERATION OF A 3 LOT PRELIMINARY PLAT TO BE KNOWN AS HUTCHINSON FIFTH AVE. INDUSTRIAL PARK SUBMITTED BY THE HUTCHINSON EDA Chairman Kirchoff opened the hearing at 7:15 p.m. with the reading of publication #7196 as published in the Hutchinson Leader on May 6, 2004. Ms. Baumetz commented on the 3 lot plat requested by the Hutchinson EDA for industrial development. She commented on the following staff recommendations: 1. The subdivision ordinance requires tree planting. The City Forester has provided an analysis of the existing site. The tree planting could be done when a building is constructed (as would be the case in residential subdivisions). 2. There is an expectation that the isolated accessory structures would be removed from the property on the north side of road within 3 years. 3. A storm water pond would be required for the development and will be constructed as part of the grading improvements on Lot 2, Block 2. Mr. Seppelt explained the previous acquisition of the property and the lease agreement with the Wetherall's. He stated they will develop Block 2 first. A spec building to be use as light industrial will be constructed on the lot. He explained larger scale industrial is anticipated for the North lot. He commented on providing a gateway type of entrance to the city on the East. Mr. Fraser made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 7:20 p.m. Mr. Fraser made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Hantge. The motion carried unanimously. Ms. Baumetz stated this item Minutes Planning Commission - May 18, 2004 Page 9 will be placed on the City Council consent agenda at their meeting held May 25, 2004 in the Council Chambers at 5:30 p.m. j) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 8.01 REGULATING EXISTING TWO FAMILY HOMES IN THE SINGLE FAMILY RESIDENCE DISTRICT Chairman Kirchoff opened the hearing at 7:21 p.m. with the reading of publication #7197 as published in the Hutchinson Leader on May 6, 2004. This item was discussed at the April meeting. Mr. Fraser made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 7:22 p.m. Mr. Fraser made a motion to recommend approval of the request. Seconded by Ms. Otteson. The motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held May 25, 2004 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS SOUTH FORK RIDGE SECOND ADDITION Ms. Otteson abstained from the discussion. Ms. Baumetz explained the request as being Phase II on the final plat of Southfork Ridge. She commented on the following recommendations as follows: 1. Setbacks for the development shall be as prescribed in the R3 Zoning District. 2. An additional subdivider's agreement must be executed. 3. Any additional fees must be submitted by the applicant. Mr. Flaata made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen. The motion carried with Ms. Otteson abstaining. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held May 25, 2004 in the Council Chambers at 5:30 p.m. b) DISCUSSION OF PLANNING COMMISSIONER JOB DESCRIPTION AN D DUTI ES Ms. Wischnack commented on the sample description from Lynden, WA. The sample was retyped to reflect Hutchinson. Discussion followed on the possibility of Government Training Services coming to Hutchinson to put on a workshop regarding the role of the Planning Commissioner. Discussion followed on the open meeting law and if e-mails violated the law. Public data technically could be a violation if the planning Minutes Planning Commission - May 18, 2004 Page 10 commissioners would discuss an item by email before the vote. Discussion followed on the process with after the fact information. Ms. Wischnack stated a flow chart of the process could be made. Discussion followed on the need for a Planning Commission representative at the City Council meetings. 5. OLD BUSINESS None. 6. COMMUNICATION FROM STAFF Ms. Otteson commented on the workshop she attended on May 13th put on by Government Training Services. Ms. Wischnack updated the Commission on the three upcoming requests for senior housing developments. 7. ADJOURNMENT There being no further the meeting adjourned at 7:55 p.m.