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03-15-2005 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, March 15,2005 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Vice Chairman Brandon Fraser at 5:30 p.m. with the following members present: Jim Haugen, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Vice Chairman Fraser. Absent: Chairman Dean Kirchoff Also present: Julie Wischnack, AICP, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney, John Rodeberg, Director of Public Works and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated February 15, 2005 Ms. Otteson moved to approve the minutes of February 15, 2005 as submitted. Seconded by Mr. Haugen. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT AND VARIANCE REQUESTED BY MARVIN WILLHITE, 465 HIGH ST. N.E. FOR CONSTRUCTION OF SECOND DETACHED GARAGE OVER 1000 SQ. FT. Vice Chairman Fraser opened the hearing at 5:35 p.m. with the reading of publication #7298 as published in the Hutchinson Leader on February 3, 2005. Ms. Wischnack commented on the request and explained a Variance was required for a second accessory garage and Conditional Use Permit was required because the new garage would be over 1000 sq. ft. She commented on the site and explained the home is a multi-family residence which has been inspected and approved by the Fire Chief. She stated staff consensus was to approve the Conditional Use Permit for a larger garage and deny the Variance for the second accessory building. She explained the staff would like to see the 16'X16' shed removed along with the 20' x 24' dilapidated garage. Ms. Wischnack noted that drainage is a problem in the area. She commented on the staff recommendations as follows: 1. Elevation drawings of the building are required. Minutes Planning Commission - March 15,2005 Page 2 2. A copy of the first page of the abstract is required. 3. The existing building and new building must meet fire safety codes (see recent inspection information from Fire). 4. Document proposed grades after structure is constructed. 5. Remove existing two detached garages prior to final inspection of the new structure. 6. Removal or relocation of services are at owner's expense. 7. A home occupation is not allowed exclusively in accessory building. 8. The garage must not exceed 16' in height. 9. The building may not be pole constructed. Ms. Wischnack reported the applicant has not provided elevation drawings but he states the building will look similar to the existing attached garage. Mr. Willhite, 465 High St. N.E., property owner, stated he agrees with removing the dilapidated 20' x 24' detached garage. He stated he uses the 16'x16' shed for his gardening business for storage of equipment. The new garage would be for vehicle parking. He would like to keep the 16'x16' storage shed. Ms. Otteson asked Mr. Willhite what materials the new garage would be constructed of and how the garage would look. Mr. Willhite stated very similar to the existing attached garage. Vice Chairman Fraser asked if the gardening business could be incorporated into the new garage. Mr. Willhite stated all the equipment would not fit in the new building with the tenants vehicles parked in the garage. Mr. Willhite stated there is room on the lot for both buildings. He stated the new building will not exceed 16 feet in height. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy. The hearing closed at 5:45 p.m. Mr. Hantge made a motion to recommend approval of the Conditional Use Permit and the Variance with staff recommendations changing number 5 to state remove the 20' x 24' garage and keep the 16' x 16' shed. Seconded by Mr. Haugen. Discussion followed with Ms. Otteson asking what staff would think about keeping the smaller building. Ms. Wischnack stated the 16' x16' building is too large to be called a utility shed and staff would be uncomfortable with moving an older building. Mr. Willhite stated the building is sturdy. Vice Chairman Fraser called for the motion. The motion carried with 4 ayes and 2 nays (Haugen and Flaata) . Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held March 22, 2005 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF VARIANCE REQUESTED BY HERBERT KRIENKE, 456 PROSPECT ST N.E., TO REDUCE FRONT YARD SETBACK FROM 25' TO 12' FOR THE REPLACEMENT OF EXISTING NONCONFORMING PORCH Minutes Planning Commission - March 15,2005 Page 3 Vice Chairman Fraser opened the hearing at 5:50 p.m. with the reading of publication #7307 as published in the Hutchinson Leader on March 3, 2005. Ms. Wischnack introduced Ms. Crystal Foust, EDA intern, who will present the next item. Ms. Foust commented on the request and the hardship. She stated the house is being updated to be more energy efficient. The addition is to replace the existing porch and will not protrude closer to the front property line than it is presently. She stated the addition will not affect the character of the neighborhood. Ms. Foust commented on the following staff recommendations: 1. Any relocation of natural gas or electric lines or meters will be at the property owner's expense. 2. The structure may not extend closer than the original porch into the required setback. (12') 3. Verify location of water shut off. 4. Side yard drainage shall not be diverted to neighboring properties. 5. If any changes in dimensions of proposed structure change, further consideration by the Planning Commission and the City Council is required. (Date received 2/10/05) Ms. Otteson. made a motion to close the hearing. Seconded by Mr. Flaata the hearing closed at 5:55 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations noting the hardship of the existing building was constructed before the setback ordinance was in place. 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 March 22, 2005 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF VARIANCE REQUESTED BY KENNETH BALLARD, 312 STONEY POINT RD., TO REDUCE REAR YARD SETBACK FROM 30' TO 28' FOR THE CONSTRUCTION OF A 16' X 20' FAMILY ROOM ADDITION Vice Chairman Fraser opened the hearing at 5:57 p.m. with the reading of publication #7308 as published in the Hutchinson Leader on March 3, 2005. Ms. Foust explained the request and the hardship of the unique shape of the lot. She stated the addition would take the place of the existing deck. She commented on the flat lot and poor drainage at the property line. She explained there is a private tile along the property line which does enter the catch basin at the northwest corner of the lot. She commented on the staff recommendations as follows: 1. Relocation of natural gas or electric lines or meters will be at the property owner's expense. Minutes Planning Commission - March 15,2005 Page 4 2. Verify the existing drainage and provide that the covered structure will not hinder the existing drainage system. (Additional fill to raise the elevation of the site is not allowed.) 3. If any changes in the dimensions of proposed structure change, further consideration by the Planning Commission and the City Council is required. (Date received 11/9/04) Ms. Wischnack stated John Olson, Public Works Supt., verified the drainage to the catch basin. Mr. Exner addressed the drainage stating it is a flat lot and it does drain to the catch basin. Ms. Otteson commented on the odd shape of the lot. Ms. Wischnack commented on the construction being on piers and the Variance is for a short corner of the addition. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:02 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations noting the hardship of the odd shaped lot. 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 March 22, 2005 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT SUBMITTED BY CROW RIVER HABITAT FOR HUMANITY LOCATED AT 560 AND 570 HILLTOP DRIVE N.E. AND LOT SPLIT AT 560 HILLTOP DRIVE N.E. FOR CONSTRUCTION OF TWIN HOME Vice Chairman Fraser opened the hearing at 6:04 p.m. with the reading of publication #7310 as published in the Hutchinson Leader on March 3, 2005. Ms. Wischnack stated this is a familiar request which the Planning Commission has seen before. She reminded the Commissioners of the Jay Pettit request on Hilltop Drive which was the same as tonight's request. She stated Mr. Pettit's building is completed. She explained this request is to vary the lot area and width in the Planned Development District and to split the lot for a twin home. She stated the garages are appropriated and commented on the following staff recommendations: 1. Each unit must have separate water and sewer service. 2. Parkland dedication is $135.00 per unit and SAC/WAC is $2,490 per unit to be collected at the time of building permit. 3. Garages must be 400 square feet or larger. Minutes Planning Commission - March 15,2005 Page 5 4. An additional utility easement must be dedicated to the City along the eastern portion of lot 7 and the western portion along lot 8. 5. Specific consideration for proper drainage between the units is essential. The property owner will be required to complete appropriate drainage for the site prior to final landscaping and sodding. Mr. Flaata asked if the zoning allows the 6 foot setback. Ms. Wischnack stated a Planned Development District may allow the 6 foot setback and in this case it is allowed. She commented on the drainage problems that do arise with a lesser setback and the owners must be aware of providing proper drainage. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:08 p.m. Ms. Otteson made a motion to recommend approval of the request with staff recommendations number 1-5. 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 March 22, 2005 in the Council Chambers at 5:30 p.m. e) CONSIDERATION OF CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT, VACATION OF EASEMENTS IN SOUTH FORK RIDGE AND 28 LOT FINAL PLAT OF SOUTH FORK RIDGE THIRD ADDTIION LOCATED IN THE SOUTH FORK RIDGE PLAT Vice Chairman Fraser opened the hearing at 6:09 p.m. with the reading of publication #7311 as published in the Hutchinson Leader on March 3, 2005. Ms. Otteson stated she would abstain from voting. Ms. Wischnack commented on the request to replat. She explained the housing type and the market changes since the area was originally platted. She stated the proposal is to construct patio homes or cottage homes on smaller lots. She explained the housing style is a coving concept but different than the Greens. She commented on staff concerns with the backyard drainage along the south edge of the property. She stated the developer did add catch basins to the plan. Ms. Wischnack stated staff suggested 20' front setback to alleviate some of the drainage concerns. She noted the encroachment of the sidewalks into the easements on the side entry homes and commented on the following staff recommendations: 1. The maintenance agreements (homeowner's documents) be updated to add the conditions of sidewalks may be removed in the side entry units and replacement would be the responsibility of the homeowner's association. (These Minutes Planning Commission - March 15,2005 Page 6 documents must be completed and executed before the City will allow the plat to be filed.) 2. The legal descriptions on the homeowners documents shall be amended to reflect the new plat. 3. The setbacks for the units shall be as follows: Front: 25 feet (20 feet on 3-6, Block 1 and 1-4, Block 2) Side: 8 feet Rear: 10 feet 4. The drainage improvements must be verified with engineering staff prior to landscaping improvements. 5. An irrigation plan drawing shall be provided to the City, after construction. 6. The replatting of the property does not release the developer from previous commitments made during platting. Ms. Wischnack explained the term "as-builts". Mr. Charlie Levis, Farr Development, stated they are excited about the product and would answer any questions from the Commission. Mr. Haugen made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 6:15 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Flaata. The motion carried with Ms. Otteson abstaining. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held March 22, 2005 in the Council Chambers at 5:30 p.m. f) CONSIDERATION OF PRELIMINARY AND FINAL PLAT TO BE KNOWN AS SWMF ADDTION SUBMITTED BY SOUTHWEST MN FOUNDATION LOCATED ON THE SW CORNER OF HWYS 7 AND 15 AND CONTINUATION OF CONDITIONAL USE PERMIT SUBMITED LAST MONTH Vice Chairman Fraser opened the hearing at 6:17 p.m. with the reading of publication #7312 as published in the Hutchinson Leader on March 3, 2005. Mr. Haugen stated he would be abstaining from the vote. Vice Chairman Fraser commented on the ordinance regarding the C5 District and stated discussion on the architectural design would be open for any public present who did not discuss the item earlier. Ms. Ristau, Southwest MN Foundation, commented on their meeting the seven recommendations and stated they have invested in the community with the purchase of this property. Mr. Lee Tollefson, Rafferty, Rafferty, Tollefson Architects, commented on his new presentation for completeness. He stated they are still working with MNDOT to resolve some grading issues and will submit the MNDOT Minutes Planning Commission - March 15,2005 Page 7 grade when they are available. He stated the sewer line will be relocated. The forester is in agreement with the landscaping plan. He explained they are in the process of platting the property to one lot. He commented on the parking which will be 38 stalls with the acquisition of the railroad property from the City. He reported MNDOT would not allow the northern 4 spaces. Mr. Tollefson commented on the building exterior and the angled roof on the entry. He stated the windows on the roof of the building were to bring light into the building and for out of town visitors to locate the building. The windows will be high energy rated windows. Discussion followed on the setback of the building from Hwy 7 after the new construction of the road. Ms. Wischnack stated the plan shows a 26' setback and after the Hwy 7 project the setback could be 11' to 16'. Mr. Flaata questioned the landscaping and tree placement being the same as required for other businesses along 3rd Ave. Ms. Wischnack commented on the requirements for commercial and industrial businesses. She stated screening is reviewed on a case by case basis however the requirement is still one tree per 800 sq. ft. of area. She explained in this case the boulevard tree planting will be extended to 2007 because of the Hwy 7 construction. She explained the differences in screening between the I/C and C5 Districts. Discussion followed on public safety issues. Mr. Hantge stated concern with the proximity to Hwy 7. Ms. Wischnack stated there was some discussion on snow removal. She stated the majority of the building will be away from the setback. Mr. Tollefson stated they adjusted the building from the north to the south and they are more comfortable with the adjustment. Ms. Otteson commented on the traffic at the intersection and the safety of the building being so close to the intersection. Mr. Tollefson stated 100 feet seems a safe distance. Mr. Steve Jensen stated they did meet with the engineers to discuss the safety issues. Mr. Rodeberg stated the building does meet the setbacks from the intersection from a engineering standpoint there doesn't seem to be a problem with the placement of the building. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 6:36 p.m. Vice Chairman Fraser made a motion to recommend approval of the request for Preliminary and Final plat and Conditional Use Permit with staff recommendations removing recommendation number 6. Seconded by Mr. Currimbhoy. Te motion carried 4 ayes, 1 nay (Otteson) 1 abstained (Haugen). Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held March 22, 2005 in the Council Chambers at 5:30 p.m. Minutes Planning Commission - March 15,2005 Page 8 4. NEW BUSINESS a) RECONFIRM PRELIMINARY PLAT AND CONSIDERATION OF THE 102 LOT FINAL PLAT OF SUMMERSET THIRD ADDITION SUBMITTED BY ARNE ESTERBROOKS, DEVELOPERS RESOURCE COMPANY Ms. Wischnack commented on the request to plat and explained the preliminary plat was approved over six months ago (8-24-04) and would need to be reconfirmed. She commented on the staff recommendations as follows: 1. A grading subdivision agreement has been signed and securities are in place. Prior to additional work (i.e. utilities) the subdivision agreement must updated to include the additional construction. 2. Securities for the development grading have been received. Additional escrows and securities will be required prior to construction of utilities. 3. Additional review comments from the City Engineer shall be followed. 4. A Trail Easement must be filed for the 10' bituminous trail extension from Edmonton Avenue. This Trail Easement will cover the Drainage & Utility Easement between Lots 9 & 10. 5. Provide an additional trail easement along Denver Avenue, to increase the separation for the street and the trail. Ms. Otteson made a motion to recommend approval of the final plat with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. Ms. Wischnack stated this item will be forwarded to the City Council consent agenda for their meeting on March 22, 2005 at 5:30 p.m. b) CONSIDERATION OF REVISED 29 LOT FINAL PLAT OF BRIDGEWATER ESTATES THIRD ADDITION SUBMITTED BY GPS DICKINSON Ms. Wischnack commented on staff concerns on South Grade Road and explained that 9th Ave. will extend to Honey Tree Rd. and Willow Street will not access South Grade Road. She explained Honey Tree will also not access South Grade Road in the future. She commented on the finalization by the City Council of a trail on the north side of South Grade Road. She commented on recommendation numbers 3,4,6 and 8 and follows: 3. There are continuing safety issues for people walking in the area. There are open discussion with the developer regarding a trail along the north side of South Grade Road up to the end of the lat in the next phase of construction. This item will be finalized prior to the City Council entering a subdivision agreement. Minutes Planning Commission - March 15,2005 Page 9 4. The revised plat does show revised 6 foot easements along the interior lot lines and they show 12 foot easements along the front and rear lot lines. The City only requires 10 foot easements in the front and rear. This had been changed, but the new drawings (dated February 11 indicate 5 feet again on the side yard drainage areas. This needs to be changed. 6. A subdivider's agreement must be executed and fees paid prior to construction. 8. Provide revised pad elevation and house types signed by new engineer. Ms. Wischnack stated the County Engineer does not want access of Willow or Honey Tree onto South Grade Road for safety reasons. Mr. Exner stated there is a hill on South Grade Road at the access from Honey Tree which is a serious safety problem. Discussion followed on the interior road connections and the proposed trail. Ms. Wischnack stated there is a trail from Roberts and Lakewood in the Subdivision Agreement. Vice Chairman Fraser made a motion to recommend approval of the plat with staff recommendations number 3, 4, 6, and 8. Seconded by Ms. Otteson the motion carried unanimously. 5. OLD BUSINESS None 6. COMMUNICATION FROM STAFF Ms. Wischnack reminded the Commissioners of the upcoming Land Use Workshops. She also commented on the Fall APA Conference in Alexandria. Ms. Wischnack stated the Year End Report is completed and she will distribute them shortly. Elections will be held in April. Discussion followed on the requirement of surveys. 7. ADJOURNMENT There being no further business the meeting adjourned at 7:00 p.m.