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09-19-2006 PCM MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, September 19, 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, Lynn Otteson, Mike Flaata, Farid Currimbhoy, Robert Hantge and Chairman Kirchoff. Absent: None Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated August 15, 2006 Ms. Otteson moved to approve the minutes of August 15, 2006 as submitted. Seconded by Mr. Hantge. The minutes were approved unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF VACATION OF DRAINAGE AND UTILITY EASEMENTS LOCATED BETWEEN LOTS 4 AND 5, BLOCK 1, FAIRWAY ESTATES SECOND ADDITION (1376 AND 1380 HERITAGE AVENUE) Chairman Kirchoff opened the hearing at 5:35 p.m. with the reading of publication # 7499 as published in the Hutchinson Leader on September 7, 2006. Ms. Bowers commented on the request and explained the location of the vacation of easements. She stated the property owners are not planning to expand their home over the line. They are combining the two lots into one lot. She commented on the following staff recommendations: 1. The easement vacation shall be only for the easement between Lot 4 Block 1 and Lot 5, Block 1, Fairway Estates Second Addition, as described on the attached legal description. All remaining easements shall remain in place. 2. The property owners are responsible for any utility relocation costs at their own expense. The additional water and sewer services shall be properly disconnected and removed at the owner's expense. Minutes Planning Commission - September 19,2006 Page 2 Ms. Bowers suggested revising the second recommendation by deleting the second sentence to read: "The property owners are responsible for any utility relocation costs at their own expense." Discussion followed regarding subdividing the property again in the future. Mr. Lofdahl made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 5:39 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Haugen, with the revision of recommendation #2. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting to be held September 26, 2006 in the Council Chambers at 5:30 p.m. b) CONSIDERATION OF A VARIANCE TO INCREASE AMOUNT OF IMPERVIOUS SURFACE IN THE SHORELAND AREA FROM 25% COVERAGE TO 31% COVERAGE LOCATED AT 915-2ND AVE S.W. Chairman Kirchoff opened the hearing at 5:40 p.m. with the reading of publication # 7500 as published in the Hutchinson Leader on September 7, 2006. Ms. Bowers commented on the request and explained the shoreland impervious surface requirement of 25%. She stated the proposal is 31 % and explained the impervious surfaced used to calculate the percentage. She discussed the option of eliminating some of the impervious surface as the garage has not been constructed to date. Staff had concerns and would recommend denial. She reported on some of the staff suggestions to make the 25%. She commented on the variance conditions of finding hardship. Discussion followed on the actual square footage of the lot. Ms. Bowers stated we must go with the survey. Discussion followed on the previous variance request and if the property owner was aware of the coverage requirement. Staff stated he was not at the time of application. Ms. Bowers commented on the reasons for the 25% coverage. Mr. Exner commented on the water run off and impervious surface. He explained the water run off in the shoreland will not go into the stormwater system but into the river. Ms. Bowers reported the DNR shoreland regulations are under the State DNR and the City does not have the right to amend these regulations. Discussion followed on the lot sizes allowed in the shoreland. Mr. Christensen, property owner, submitted his document regarding percentage of coverage on other shoreland properties. The document contained letters from the County Environmentalist and Program Director Minutes Planning Commission - September 19,2006 Page 3 of the Soil and Water Conservation District. He submitted a drawing of the proposed garage. He stated he is willing to create a rain garden to collect drainage. He explained he has changed the garage size to approximately 28'X36'. He commented on the calculations of the lot area. Discussion followed on past review of shoreland coverage. Mr. Christensen stated he is meeting the intent. Ms. Bowers stated using alternative measures such as rain gardens and filters to improve water quality does help the situation. She explained there are other options to the 25% requirement. There was discussion on the use of a 3 car garage and other methods of removing or changing driveways. There was also discussion of no driveway to the 3rd stall. Mr. Christensen stated he would not want to have grass as a driveway. Discussion follow of staging construction until the ordinance is reviewed. Further discussion followed of what is a hardship and meeting the intent of the ordinance. Matt McMillan, 925 - 2nd Ave. S.W., commented on the narrow lots and shared driveways. He stated separate driveways would have created more coverage. This plan will decrease the present congestion to the two lots. He reminded the Commission the area was platted many years ago. Discussion followed on not enforcing the shoreland ordinance over the years. Atty. Sebora stated the Planning Commission may begin enforcement of the ordinance at any time. Mr. Betker, commented on the drainage to the neighboring lot. He suggested moving the garage closer to the road. Mr. Hantge made a motion to close the hearing. Seconded by Mr. Flaata. The hearing closed at 6:35 p.m. Mr. Hantge made a motion to recommend approval of the request to change garage size to 984 sq. ft. with the hardship of unique shaped lot and construct a rain garden to treat runoff. Seconded by Mr. Flaata. The motion carried 6 ayes to 1 nay by Ms. Otteson. Ms. Bowers stated this item will be placed on the City Council regular agenda at their meeting held September 26, 2006 in the Council Chambers at 5:30 p.m. 4. NEW BUSINESS Mr. Currimbhoy was excused at 6:39 p.m. a) CONSIDERATION OF LOT SPLIT REQUESTED BY PAUL BETKER LOCATED AT 250 OTTAWA AVE SE Ms. Bowers commented on the request in the Southwind Addition. She stated the process has been discussed with previous similar lot splits. She reported staff reviewed the lot split submitted and would recommend approval with the following conditions: Minutes Planning Commission - September 19,2006 Page 4 1. The proposed lot splits would meet the standards of the R-2 zoning district, subject to the conditions stated. 2. Moving or removing of services will be at property owner's expense. 3. Separate services are required for each lot. 4. Lots at 50% coverage will not be allowed to add sheds, patios, decks or gazebos. The applicant shall provide written disclosure to the buyers that no additional coverage will be allowed beyond the 50%. 5. At the time of platting, money was escrowed for two trees per lot. However, as money was not provided for the additional twin home lots, the new lot division will require one additional tree per lot at $180.00 per tree, for a total of $360. Mr. Betker, property owner, stated he still has a problem with the tree escrow monies required and he has issues with the process. He explained the second addition will meet the present tree escrow requirement. He stated he would like to see the lot split during the building permit application process. Ms. Bowers stated the requirement is the same as last time and must be approved before construction. Mr. Betker stated the plat was originally approved for twin homes. Mr. Hantge made a motion to recommend approval of the request with staff recommendations. Seconded by Mr.Flaata, the motion carried, 6 ayes to I nay by Mr. Haugen. Ms. Bowers stated this item will be placed on the City Council regular agenda at their meeting held September 26, 2006 in the Council Chambers at 5:30 p.m. 5. OLD BUSINESS None 6. COMMUNICATION FROM STAFF a) Update regarding the Charter School temporary site - Ms. Bowers commented on a temporary location for the Charter School at the Office Max building which would require a conditional use permit. b) Mr. Hantge would like minutes from the staff meetings indicating how staff voted on issues. c) Mr. Haugen suggested we review changing the shoreland ordinance. 7. ADJOURNMENT There being no further business the meeting adjourned at 7:08 p.m.