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04-17-2007 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, April 17, 2007 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Lynn Otteson at 5:30 p.m. with the following members present: Christie Rock, John Lofdahl, Jim Haugen, Chris Kovacic, Mike Flaata, Farid Currimbhoy and Chairman Otteson. Absent: Also present: Rebecca Bowers, Planning Director, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator. 2.PLEDGE OF ALLEGIANCE 3.OATH OF OFFICE AND INTRODUCTION OF NEW PLANNING COMMISSIONER CHRIS KOVACIC 4.CONSENT AGENDA a) Consideration of Minutes dated March 20, 2007 Lot Split b) located at 200 Ottawa Ave. S.W. submitted by Paul Betker Lot Split c) located at 205 Ottawa Ave. S.W. submitted by Paul Betker Lot Split d) located at 210 Ottawa Ave. S.W. submitted by Paul Betker Lot Split e) located at 215 Ottawa Ave. S.W. submitted by Paul Betker Lot Split f) located at 225 Ottawa Ave. S.W. submitted by Paul Betker Lot Split g) located at 260 Ottawa Ave. S.W. submitted by Paul Betker Lot Split h) located at 270 Ottawa Ave. S.W. submitted by Paul Betker Mr. Flaata moved to approve the consent agenda as submitted. Seconded by Mr.Currimbhoy. The consent agenda was approved unanimously. 5.PUBLIC HEARINGS PRELIMINARY AND FINAL PLAT a) TO BE KNOWN AS FIRST ADDITION TO RAVENWOOD WEST SUBMITTED BY RAVENWOOD POND HOMEOWNERS ASSOCIATION Chairman Otteson opened the hearing at 5:35 p.m. with the reading of publication #7561 as published in the Hutchinson Leader on April 5, 2007. Ms. Bowers commented on the request for a preliminary and final plat to divide Outlot A, which is the pond area, and add property to the seven property owners to the west of the outlot. The homeowners would like to disband the association. She explained there would be an easterly portion added to the Ravenwood South subdivision. She stated the newly Minutes Planning Commission – April 17, 2007 Page 2 platted area would be an easement area. She also explained no construction is allowed in the airport zone. Staff would recommend approval with the following recommendations: 1. No structures of any kind shall be placed or constructed within the drainage and utility easement area or Outlot A. 2. The resolution shall be recorded on Outlot A in order to assure future developers and/or property owners are aware of conditions and restrictions. 3. Existing drainage and utility easements must remain in place. 4. Pond maintenance access must be provided from Blue Jay Drive. The applicant must provide a 20-foot drainage and utility easement over the stormwater pipe from the pond to Blue Jay Drive. 5. Property owners are responsible for maintenance of their entire lot and pond. 6. Property owners are encouraged to consider the planting of native grasses and low maintenance plantings in the area of easement up to the pond. Ms. Bowers explained number 5 should not include the wording “the pond”. She explained the city is responsible for maintenance of the pond. Discussion followed on the planting of native grasses around the pond. Ms. Bowers stated staff is working on education for City residents regarding the best plantings for pond areas. There was also discussion on the option uniform plantings along the pond area across the 7 lots. Bruce Naustdal, 1175 Dale Street S.W., commented on the request and changes from the past. He stated there are presently plantings around the pond. He stated there is not association money to do uniform plantings. Ms. Bowers explained it will be difficult to enforce uniform plantings if neighbors do not agree. Discussion followed on what can be planted in the easement area. Anita Leipke, 1235 Dale St. S.W., asked if there are any regulations for placing rock along eroding areas by the pond. Mr. Exner commented on the protection of everything in the high water level area. He explained the City needs to have a policy to protect the ponds. He stated staff will look at writing a policy. Mr. Exner stated trees and shrubs must be set back from the high water level of the pond. Discussion followed on who pays for the dredging of the ponds in the City. Ms. Rock asked what the stormwater utility fees are used for that are collected from all city residents. Mr. Exner stated the fees collected will not cover the entire costs of dredging the ponds. Discussion followed regarding the mitigation of erosion into the pond. Mr. Exner recommended a 25’ buffer strip around the perimeter of ponds with native grasses. He reported a stormwater management ordinance is in place. Mike Leipke, 1235 Dale Street S.W., commented on the quality of homes along the pond and stated residents will take care of their property. He explained the homeowners have pride in their property. Minutes Planning Commission – April 17, 2007 Page 3 Mr. Haugen made a motion to close the hearing. Seconded by Mr. Lofdahl. the hearing closed at 5:56 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations deleting the words “the pond” in number 5. Seconded by Mr. Lofdahl. The motion carried unanimously. Ms. Baumetz stated this item will be placed on the City Council consent agenda at their meeting held April 24, 2007, at 5:30 p.m., in the Council Chambers. VARIANCE b) TO ALLOW TWO DETACHED GARAGES ON A LOT LOCATED AT 1410 JEFFERSON STREET S.E. Chairman Otteson opened the hearing at 5:58 p.m. with the reading of publication #7572 as published in the Hutchinson Leader on April 5, 2007. Ms. Bowers commented on the property which is a large two acre lot with a more rural development feel. It was annexed recently by the City. She explained the new garage would conform to the setback. The existing garage is non-conforming to the north property line. The existing non- conforming garage will be removed. Ms. Bowers explained the location of the new garage. She explained staff has reviewed the variance request and determined that there could be a finding of undue hardship and uniqueness due to the large size of the property (2 acres), extremely deep lot, and recent annexation. She explained the undo hardship and reported this is a reasonable request. Staff would recommend approval with the following recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the very large size and depth of the property, replacement of an existing non-conforming garage, and recent annexation into the City. The circumstances were not created by the property owner and the variance would not alter the essential character of the locality. 2. The applicant shall identify the existing private storm tile line prior to construction on site. The building must not encroach over the private storm tile line. 3. The existing detached garage in the rear yard must be removed prior to final inspection of the new garage. 4. Moving or relocating of any services are at property owner’s expense. Ms. Bowers commented on the past approvals of second garage variances. Mr. Zumach, 1410 Jefferson Street S.E., commented on his reasons for the replacement of the second garage and the change in the north property line. He explained he wants to make his property look nice. He stated this will not be a pole shed. He has talked to the neighbors. Mr. Exner stated there is sufficient access to the pond. Minutes Planning Commission – April 17, 2007 Page 4 Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:07 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations noting the hardship and uniqueness due to the large size of the property, extremely deep lot, and recent annexation status. Seconded by Mr. Flaata, the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held April 24, 2007 in the Council Chambers at 5:30 p.m. CONDITIONAL USE PERMIT c) TO ALLOW FIREWORKS TENT SALES LOCATED IN WALMART PARKING LOT AT 1300 HWY 15 SOUTH Chairman Otteson opened the hearing at 6.09 p.m. with the reading of publication #7573 as published in the Hutchinson Leader on April 5, 2007. Ms. Bowers explained the request which is a yearly request. She commented on the location of the tent and the site plan. She commented on the dates of tent display. Staff recommends approval with the following recommendations: 1. Display must be kept secured. 2. Signage requires a separate permit. 3. Access must be from the internal parking lot. 4. The permit is allowed from June 18, 2007 to midnight July 9, 2007. The police and fire departments have had no problems with the tent sales. Ms. Bowers stated the tent is manned 24 hours to avoid problems. Mr. Haugen made a motion to close the hearing. Seconded by Ms. Rock the hearing closed at 6:12 p.m. Mr. Currimbhoy made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held April 24, 2007 in the Council Chambers at 5:30 p.m. VARIANCE d)TO ALLOW A 19’ CORNER SIDE YARD SETBACK WHERE 25’ IS REQUIRED FOR AN ADDITION TO A NON-CONFORMING TH HOUSE AT 340 – 5 AVENUE S.W. Chairman Otteson opened the hearing at 6:13 p.m. with the reading of publication #7574 as published in the Hutchinson Leader on April 5, 2007. Ms. Bowers commented on the request and explained the proposed construction. She stated the existing home is non-conforming. The new addition will be approximately 19 feet from the corner side property line. She commented on the large boulevard which is unique to the property. She explained the property’s unique conditions and the request is reasonable. She stated no reasonable addition could be made without a Minutes Planning Commission – April 17, 2007 Page 5 variance. Staff recommends approval of the request with the following recommendations: 1. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness due to the small lot size, existing nonconforming setback due to construction prior to modern zoning regulations, large boulevards, and small rear yard that would not allow a reasonable addition within current regulations. The circumstances were not created by the property owners and the variance would not alter the essential character of the locality 2. The property owner shall verify the location of the private tile line prior to construction on site. 3. Relocation of any services will be at the property owner’s expense. 4. The driveway shall be paved with the construction of the garage. 5. Drainage shall be contained on-site and may not affect neighboring properties. 6. The lot coverage may not exceed 50% of the total area of the lot. th Jim Lowinske, 340-5 Ave. S.W., stated he does plan on cementing the driveway in the future. The entire house will be remodeled and resided, new windows, etc. He has no issues with the paved driveway recommendation. Discussion followed regarding the average setbacks of the properties along Grove Street. Ms. Bowers stated no site lines will be affected to the intersection with this addition. Mr. Flaata made a motion to close the hearing. Seconded by Mr. Currimbhoy, the hearing closed at 6:20 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations noting the hardship of the small lot size, the existing non-conforming setback due to construction prior to modern zoning regulations, the large boulevard and the small rear yard that would not allow a reasonable addition within current regulations. Seconded by Mr. Flaata , the motion carried unanimously. Chairman Otteson stated this item will be placed on the City Council consent agenda at their meeting held April 24, 2007 in the Council Chambers at 5:30 p.m. AMENDMENT e) TO ZONING ORDINANCE ADDING WIND ENERGY CONVERSION SYSTEM LANGUAGE Chairman Otteson opened the hearing at 6:21 p.m. with the reading of publication #7575 as published in the Hutchinson Leader on April 5, 2007. Ms. Bowers presented the ordinance. She stated it is based on a model ordinance and explained it is technical and the moratorium will end the end of June. She explained she will write another energy ordinance for other alternative energy options. She explained the definitions, application procedures, zoning districts permitting the turbines and setback requirements. She commented on the logic for R1 and R2 Minutes Planning Commission – April 17, 2007 Page 6 permitting the turbines to allow schools, churches or other larger uses that are allowed in the residential districts to use wind turbines. Discussion followed on what size lot would allow a wind turbine. There was discussion regarding the correct definition of substation KV or KW. Staff will research and correct if necessary. Ms. Bowers stated there may be changes to the ordinance in the future. There was discussion on the standards to be used. Mr. Currimbhoy made a motion to close the hearing. Seconded by Mr. Haugen the hearing closed at 6:44 p.m. Mr. Lofdahl made a motion to recommend approval of the request with the correction noted if needed. Seconded by Mr. Haugen, the motion carried unanimously. This item will be placed on the City Council consent agenda at their meeting held April 24, 2007 in the Council Chambers at 5:30 p.m. 6.NEW BUSINESS 7.OLD BUSINESS a) Update on Hwy 7 Study Area Project Ms. Bowers updated the Planning Commission on the City Council action regarding the reduced study area and the 6 month length of the moratorium. She reported the second reading will take place next week. She stated Landform Consulting was selected as the consultant. She explained the next step will be to set up meetings. She asked for two Planning Commission volunteers to serve on the advisory panel. She explained the up front involvement will be 4 meetings over 6 months plus two open houses. Chris Kovacic and Lynn Otteson volunteered to serve on the committee. Jim Haugen volunteered to be the City Council representative. Ms. Bowers stated the kickoff meeting will be held the end of April or beginning of May. b) Annual Planning, Zoning and Building Report by Rebecca Bowers Ms. Bowers gave the annual report. c) Shoreland Management seminar – Chair Otteson commented on the seminar she attended given by the Government Training Services. 8.COMMUNICATION FROM STAFF 9.ADJOURNMENT There being no further business the meeting adjourned at 7:10 p.m.