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10-18-2005 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 18, 2005 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: John Lofdahl, Jim Haugen, Lynn Otteson (5:55 p.m.), Robert Hantge and Chairman Kirchoff. Absent: Farid Currimbhoy and Mike Flaata Also present: Julie Wischnack, AICP, Planning Director, Kent Exner, City Engineer and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated September 20, 2005 Mr. Haugen moved to approve the minutes of September 20, 2005 as submitted. Seconded by Mr. Hantge. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF A VARIANCE TO REDUCE DRIVEWAY SETBACK FROM 5 FEET TO 0 FEET TO ADDRESS DRAINAGE PROBLEMS LOCATED AT 145 _10TH AVE. N.E. Chairman Kirchoff opened the hearing at 5:33 p.m. with the reading of publication # 7387 as published in the Hutchinson Leader on October 6, 2005. Ms. Wischnack explained the request and commented on the drainage problems in the area. She stated the gravel from the driveway erodes onto the street. She explained she and Kent Exner met with the neighbor to the South to discuss the drainage running across the street. She explained the area wasdeveloped in two stages and the street was constructed in two stages. Mr. Exner stated there is a pavement management plan proposed in 3 to 5 years for that street. Ms. Wischnack explained there are tight elevations to meet the drainage requirements. She commented on the rear yard coverage being at 16%. She commented on the staff recommendations as follows: 1. The boulevard tree must not be disturbed. Work with the City Forester to determine location. Minutes Planning Commission - October 18, 2005 Page 2 2. Keep driveway 1 foot from the fence at all places. 3. Provide five spot elevations along the driveway prior to pour, to make sure the northern section of the driveway will accept water rather than retain water. 4. The City Engineer must complete an inspection, before the driveway is poured. 5. Moving or removal of utilities is at the property owner expense. 6. The driveway must be jointed in the front to allow for ease of replacement if there is street reconstruction. Mr. Exner stated the driveway construction will be inverted to provide drainage. Discussion followed on the depth of the invert on the driveway. There was also discussion on the elevations of the properties and the placement of catch basins and potential water flow. Mr. Exner stated it is critical the elevations are met on the site. Discussion followed on the neighbor's concerns including both the gravel washing onto the street and the water draining across the street. Mr. Exner stated the water problem will not be addressed until the street is reconstructed. Bev Zumach, 146 _10th Ave. N.E., explained the water sits in the street and does not run to the catch basin. She stated she has lived there over 38 years and this was not always a problem. She stated it needs to be fixed. She stated the drain needs to be on the north side of the street. She also questioned the garage permit issued to Mr. Goranson. Angie Zumach, Ms. Zumach's daughter, asked if the drains could be placed on the north side of 10th Ave. Discussion followed on the hook up of drainage. Mr. Exner explained the street must be reconstructed. Mr. Exner stated he spoke with the neighbor on the east side of Mr. Goranson. He understood the neighbor is in favor of the driveway and feels it will be an improvement. The neighbor is concerned with the depth of the "v" and the width of the driveway not being wide enough. Discussion followed on the many drainage problems in the neighborhood. Mr. Goranson, property owner, stated he understands the drainage problem on the street and explained the water placement on the property prior to the garage being built and after. He stated he would also like to see the road reconstructed sooner than 5 years. Discussion followed on the low spot in the road and if anything could be temporarily done to fix the problem. Mr. Exner stated he will discuss the problem with John Olson, Public Works Superintendent. He explained this is not an easy fix. Ms. Angie Zumach asked who pays to reconstruct the road. Minutes Planning Commission - October 18, 2005 Page 3 Mr. Exner stated this is termed street maintenance and the City pays 50% and the property owners 50%. Ms. Wischnack stated the storm sewer and utility funds pay the City portion. Discussion followed on cost to property owners. Ms. Bev Zumach asked where a new catch basin would be placed. Mr. Exner stated possibly on the North side of the street. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:08 p.m. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations noting the hardship of the drainage in the area. Seconded by Mr. Haugen. The motion carried 3 ayes to 1 nay (Mr. Hantge) and Ms. Otteson abstaining. Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held October 25, 2005 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A VARIANCE REQUESTED BY PAUL BETKER TO INCREASE TWIN HOME LOT COVERAGE TO 40% ON LOT LOCATED AT 265 OTTAWA AVE. S.E. Chairman Kirchoff opened the hearing at 6: 1 0 p.m. with the reading of publication # 7388 and #7389 as published in the Hutchinson Leader on October 6, 2005. Ms. Baumetz commented on both items band c explaining the lot coverage issue for twin homes and the Planning Commission's decision in the past not to amend the Ordinance to increase lot coverage. She commented on staff recommendations as follows: 1. The original grading plan and drainage between structures must be followed. 2. There would be no further consideration of coverage variances to this property. Mr. Lofdahl stated the lot sizes should be increased if the homes are to be constructed larger. Mr. Betker explained the need for increased size of houses. He stated the lot sizes were increased in this development. Discussion followed on amending the ordinance to 40%. Mr. Lofdahl asked if there needed to be footings on the front porch areas. Mr. Betker stated frost could be a problem. Discussion followed on developer's pushing the limits if the ordinance were to be changed. There was also discussion regarding the hardship definitions. Minutes Planning Commission - October 18, 2005 Page 4 Mr. Hantge made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 6:40 p.m. Mr. Lofdahl made a motion to recommend to deny due to lack of hardship. Seconded by Mr. Hantge. There was discussion regarding the precedent set in approving previous variances. Discussion followed on the need to amend the ordinance or require replatting. Chairman Kirchoff called for the motion. The motion to deny failed with 1 aye and 4 nays. Chairman Kirchoff called for a new motion. Mr. Hantge made a motion to recommend approval of the request with staff recommendations and based on the hardship of the discrepancies when the land was platted and the footprint of the building. Seconded by Ms. Otteson. The motion carried 4 ayes to 1 nay (Mr. Lofdahl). Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held October 25, 2005 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A VARIANCE REQUESTED BY PAUL BETKER TO INCREASE TWIN HOME LOT COVERAGE TO 39% ON LOT LOCATED AT 240 OTTAWA AVE. S.E. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Lofdahl the hearing closed at 6:45 p.m. Mr. Hantge made a motion to recommend approval of the request with staff recommendations based on the hardship of the discrepancies when the land was platted and the footprint of the building. Seconded by Ms. Otteson. Discussion followed on revisiting the ordinance. The motion carried 4 ayes to 1 nay (Mr. Lofdahl). Ms. Wischnack stated this item will be placed on the City Council regular agenda at their meeting held October 25, 2005 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF A REQUEST TO ANNEX 5.9 ACRES OF ROAD RIGHT OF WAY (5TH AVE. S.E. FROM THE CITY LIMITS TO HWY 22) OWNED BY MCLEOD COUNTY AND THE STATE OF MINNESOTA Chairman Kirchoff opened the hearing at 6:50 p.m. with the reading of publication #7390 as published in the Hutchinson Leader on October 6, 2005. Ms. Wischnack explained the annexation by ordinance proposed by the City to annex approximately 5.5 acres of road right of way. She explained the County constructed the road and the City maintains the road. She stated the annexation would make State Aid Funding available to the City. Charles Fry, husband of Eunice Decker an abutting property owner, asked who made the request to annex. Ms. Wischnack stated the County and State signed the petition at the City's request. Mr. Fry stated Ms. Decker owns abutting property and he has concerns with the annexation and the County officials. Chairman Kirchoff stated it is good to hear the opinion of the property owner but it is hard to follow Mr. Fry's reasoning for his concerns. Minutes Planning Commission - October 18, 2005 Page 5 Mr. Exner explained the County funded the road and the City funds the maintenance of the road. The City is asking to add the road to the State Aid system. He explained State Aid funding to cities and stated the City of Hutchinson is short of the allocated amount of State Aid roads to collect the State Aid dollars. Discussion followed on the funding from the State gas tax. Ms. Wischnack explained the notification process for the annexation which is only the street right of way. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 7:05 p.m. Mr. Hantge made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Lofdahl. The motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held October 25, 2005 in the Council Chambers at 5:30 p.m. e) CONDERATION OF AMENDMENT TO THE CITY CODE SECTION 154 TO ADD LANGUAGE REGARDING TUBE TRUSS BUILDINGS Chairman Kirchoff opened the hearing at 7:06 p.m. with the reading of publication # 7391 as published in the Hutchinson Leader on October 6, 2005. Ms. Wischnack commented on the proposed language to add to the City Code. Mr. Hantge made a motion to close the hearing. Seconded by Ms. Otteson the hearing closed at 7:08 p.m. Ms. Otteson made a motion to recommend approval of the request as written. Seconded by Mr. Lofdahl, the motion carried unanimously. Ms. Wischnack stated this item will be placed on the City Council consent agenda at their meeting held October 25, 2005 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS None 5. OLD BUSINESS None 6. COMMUNICATION FROM STAFF Ms. Wischnack commented on the Orderly Annexation agreement progress. Mr. Exner stated MNDOT is working on getting Hwy 7 signage for the buildings. Minutes Planning Commission - October 18, 2005 Page 6 Mr. Hantge asked if the 10th Avenue reconstruction could be moved up on the schedule. There was discussion on the timeline for moving the pawn shop. Ms. Wischnack commented on the public parking lot signage. She also commented on the new street lights stating the short poles should be here next week and the taller poles in November. Ms. Wischnack explained Mr. Freeland states he is working with the County Rail Authority in regard to moving the building however this has not been confirmed and no moving permit has been issued. 7. ADJOURNMENT There being no further business the meeting adjourned at 7:20 p.m.