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05-16-2006 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 16, 2006 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, Mike Flaata, Robert Hantge, Farid Currimbhoy and Chairman Kirchoff. Absent: Lynn Otteson. Also present: Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated April 18, 2006 Mr. Haugen moved to approve the minutes of April 18, 2006 as submitted. Seconded by Mr. Lofdahl. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CROW RIVER BUILDERS TO CONSTRUCT A 11,640 SQ. FT. POLE TYPE STRUCTURE ON PROPERTY LOCATED AT 1135 HWY 7 W Chairman Kirchoff opened the hearing at 5:34 p.m. with the reading of publication #7463 as published in the Hutchinson Leader on May 4,2006. Ms. Baumetz explained that due to denial of an access point by Mn/DOT the driveway will be relocated. A pole type constructed building is allowed only by conditional use. Parking requirements will be met by the applicant. Ms. Baumetz reviewed the building plans of the structure. It was clarified that the parking lot must be paved. She commented on the staff recommendations as follows: 1. Verify condition and capacity of existing storm sewer line. 2. Work with City Forester on landscaping plans. 3. Landscaping may be completed after the Hwy 7 construction is completed. Mr. Hantge questioned why Mn/DOT would not allow a separate access as opposed to sharing with a neighboring property owner. Mr. Exner stated that Mn/DOT explained that it would take approximately one year Minutes Planning Commission - May 16, 2006 Page 2 to build a separate access point and were not in favor of it. He stated maintenance of the sewer line is the responsibility of the property owner Tim Johnson, Crow River Builders, stated that the storm sewer line was put in within the last two years. He stated he has spoken with Applied Kinetics and they have concurred that it is large enough to service both Crow River Builders and Applied Kinetics. Staff is asking that the applicant verify that the line is not plugged or collapsed before paving over it. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Currimbhoy the hearing closed at 5:45 p.m. It was recommended that paving of the parking lot driveway go up to the property line until the Hwy 7 project is complete. Mr. Lofdahl made a motion to recommend approval of the request with staff recommendations, including that the lot be paved as condition #4. 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 22, 2006 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A VARIANCE REQUESTED BY CHRISTIAN CHRISTENSEN TO ALLOW CONSTRUCTION OF A DETACHED GARAGE IN THE FRONT YARD LOCATED AT 915 - 2ND AVE S.W. Chairman Kirchoff opened the hearing at 5:46 p.m. with the reading of publication #7464 as published in the Hutchinson Leader on May 4,2006. Ms. Baumetz explained that the applicant would like to place a garage in the front yard, which requires a variance. The applicant states the hardship to the property are the narrow lot size and no vehicle access to the backyard. Ms. Baumetz explained that she had been contacted by two property owners, one of them having no objections and one property owner having a concern of the size of the garage and setbacks as well as roof water runoff. Staff recommendations are as follows: 1. Removal or moving of services would be at the owner's expense. 2. Tree removal or replacement will be at owner's expense. 3. The garage must not exceed 16' in height. 4. A home occupation is not allowed exclusively in the accessory building. Mr. Lofdahl questioned the possibility of attaching the garage to the house. Christian Christensen, applicant, presented before the Council. Mr. Christensen explained that two bedrooms are against the wall where a Minutes Planning Commission - May 16, 2006 Page 3 garage could be attached and he would like the consistency granted to other applicants for this similar type of situation. Matt McMillain, 929 2nd Avenue, presented before the Planning Commission. McMillain lives next door to Christensen and was in favor of the variance. Mr. Christensen stated that his intention is not to put any additional drainage on his neighbor's property but drain it towards the street or onto the setback area. Mr. Christensen also stated that on-street parking will be reduced if the garage is able to be constructed. Mr. Hantge asked if a survey was going to be required. Ms. Baumetz stated a survey will be required as part of the building permit, at which time drainage could be addressed as well. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:00 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations including a survey requirement and drainage plan. 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 22, 2006 in the Council Chambers at 5:30 p.m. c) CONSIDERATION OF A VARIANCE REQUESTED BY JIM AND KRISTEN KLEIN TO ALLOW CONSTRUCTION OF A SECOND DETACHED GARAGE AND TO REDUCE DRIVEWAY SETBACK TO 0' LOCATED AT 589 HASSAN ST. S.E. Chairman Kirchoff opened the hearing at 6:02 p.m. with the reading of publication #7465 as published in the Hutchinson Leader on May 4,2006. Ms. Baumetz explained that the applicants intend to construct a detached garage and remove a current shed. A variance is required for this item due to the proximity of the property line of the driveway as well as being the second detached garage on the property. Staff's recommendations are as follows: 1. Remove existing shed. 2. Drainage must be directed to the southeast corner of the lot and be contained by the proposed berm. 3. Garage must not be taller than 16'. 4. Home occupations are not allowed exclusively in accessory structures. 5. Removal or moving of services shall be at the property owner's expense. Minutes Planning Commission - May 16, 2006 Page 4 Kristen Klein, property owner, stated that she has trouble staying on the driveway due to the slope and narrowness. She explained that she has spoken with Kent Exner regarding a new driveway, which will address drainage issues. She stated that a new driveway is needed to go with the new garage. Elevation will be raised if a new driveway is approved. Mr. Lofdahl noted that he felt a hardship may lie with the driveway and the location of the garage. His concerns were with allowing construction of a new garage without taking down the current garage, which is over 300 sq. ft. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Lofdahl the hearing closed at 6:17 p.m. Mr. Haugen offered that the one of the garages be reduced in size so that a variance would not be needed. There did not appear to be a hardship for the garage issue. Mr. Hantge suggested expanding the driveway towards the house. Mr. Lofdahl stated he was favorable to expanding the driveway to the property line, but he felt the current garage or proposed garage should be reduced in size. Mr. Flaata made a motion to repave driveway, however not change setbacks according to staff recommendations. Seconded by Mr. Hantge, the motion carried unanimously. Mr. Lofdahl made a motion to deny the variance request for construction of a second detached garage for lack of a hardship. Mr. Hantge seconded. Motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council regular agenda at their meeting held May 22, 2006 in the Council Chambers at 5:30 p.m. d) CONSIDERATION OF A VARIANCE TO REDUCE LOT DEPTH 8' AND A LOT SPLIT LOCATED AT 175 OAK LN S.E. Chairman Kirchoff opened the hearing at 6:34 p.m. with the reading of publication #7466 as published in the Hutchinson Leader on May 4,2006. Ms. Baumetz explained that there is an existing watermain on the property and staff is requesting that the property owner locate it and grant an easement. Staff recommends approval with the following recommendations: 1. Drainage and utility easements must be provided entirely around the lot. 2. The water main must be located and an easement (minimum 20' width on center) provided over the water main. Minutes Planning Commission - May 16, 2006 Page 5 3. No variance will be granted for lot area in the future. 4. No vacation of easements will be granted in the future. 5. Utility services must be separate to each lot. 6. Utility line locations must be verified and if necessary relocated at applicant's expense. The potential buyers of the lot, presented before the Planning Commission. He asked for clarification of the easement requirements. It was clarified that if the watermain runs through the center of the lot, the lot will be deemed unbuildable. Ron Jonas, property owner, presented before the Planning Commission. Mr. Jonas explained that in 1988 this property was granted a lot split and the Jonas' intended to build on this lot. Due to circumstances, the lot split was not recorded and the Jonas' bought the entire property, thinking that the lot split applied. Mr. Jonas stated that the water comes in from the southwest corner of the property. Discussion was held as to whose responsibility it is to locate the watermain. It was noted the only way to locate the watermain is to excavate and Mr. Jonas felt that the City should have had easements granted when the watermain went in. (Lofdahl departed at 6:56 p.m.) Mr. Flaata made a motion to close the hearing. Seconded by Mr. Hantge the hearing closed at 7:00 p.m. Mr. Flaata made a motion to recommend approval of the request with staff recommendations with the hardship being the lot size at the time of platting. Seconded by Mr. Haugen, the motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held May 22, 2006 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS a) CONSIDERATION OF AN 8 LOT SKETCH PLAN TO BE KNOWN AS FAIRWAY ESTATES THIRD ADDITION SUBMITTED BY M & P PARTNERS Ms. Baumetz explained that staff would like Planning Commission's thoughts before platting would proceed. Ms. Baumetz reported staff present at the one stop shop reviewed the sketch plan. They suggested moving the building pads back on lots 3, 4, and 5. The access to those lots is narrow and moving the lots back gives more room for parking and maneuvering on the lot. Lot 8 access will be allowed off Heritage Ave. The cul-de-sac will be public and the island must be removed for snow removal purposes. The request will be a reconfirmation of the preliminary and final plat and PDD. Minutes Planning Commission - May 16, 2006 Page 6 Fees will include escrowing $200.00 per tree, two trees per lot or $1600.00. Engineering fees to be escrowed are 7% minus the grading and a letter of credit for 100% of the grading is required. There is an $800.00 electric territory fee per lot, $215.00 parkland contribution fee and sewer and water access fee of $2720 per lot. These fees are charged at the time of the building permit submittal. The property must be to 6 inches of grade from utilities to bring in lines. The street name on the cul-de-sac must be Heritage Circle or Heritage Court. The maximum width of the driveway within the street right-of-way is 24 feet. Chairman Kirchoff asked if the elevation would be raised in this area. Marty Campion, Otto Associates, presented on behalf of Sam Montgomery. Mr. Campion explained the grading and elevation of the lots. Ms. Baumetz explained that this would be a reconfirmation of the preliminary plat. Discussion was held as to the configuration of the homes on the lots. Concerns were raised regarding Lot 8 and the Outlot A combination. 5. OLD BUSINESS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CHRIST THE KING CHURCH, 1040 SOUTH GRADE ROAD S.W., TO EXPAND THE PARKING LOT AND ADD AN EXIT ONTO SOUTH GRADE RD Ms. Baumetz explained that a rain garden has been added to the plan to address drainage problems. Staff had the following recommendations: 1, The exit in the northwest corner of the lot onto South Grade Road shall be a right-only exit (but full entrance ). 2. All parking area must be paved. 3. No more than four accesses will be allowed on the property. 4. Work with the City Forester in development of the "rain garden". Mr. Exner stated that there are no adjustment rings on the catch basin, but a tile inlet may possibly be placed to alleviate drainage problems. Atty. Dan Prochnow presented before the Planning Commission. Atty. Prochnow stated that he spoke with a neighbor regarding encroachment and he has been advised that an easement will be granted to Christ the King. Atty. Prochnow asked if a rain garden would be necessary if Christ the King would purchase the piece of property from Mr. Bloemke. The consensus of the Planning Commission was that a rain garden may not be necessary if Christ the King owned that property for drainage. Minutes Planning Commission - May 16, 2006 Page 7 Mr. Hantge made a motionto approve with staff recommendations, adding #5 addressing encroachment in writing and #6 that the City will install a tile line. Second by Mr. Flaata, the motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held May 22, 2006 in the Council Chambers at 5:30 p.m. 6. COMMUNICATION FROM STAFF Kent Exner stated that an opportunity has become available to screen some of the storage area near the HATS facility. Exner stated that all of the fill material from the Hwy 7 project will be placed on the HATS property with a 4 - 6' berm being constructed, which will include plantings on top of the berm. It was clarified that this area is outside of the flood plain. Bonnie Baumetz stated that Rebecca Bowers, new Planning Director, will be starting June 12,2006. Dean Kirchoff stated that when Wendy's CUP was approved, a condition placed was that a rain garden be installed. He feels it portrays more of a slew than a rain garden and asked that staff speak with Wendy's management regarding cleaning up of it. Marc Sebora informed the Planning Commission that they should not be searching for a hardship for applicants, as an example for the Klein's consideration that was held tonight. Discussion was held regarding the variance application process and information that is provided to applicants. 7. ADJOURNMENT There being no further business the meeting adjourned at 7:30 p.m.