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09-15-2009 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, September 15, 2009 Hutchinson City Council Chambers 1.CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members present: Chris Kovacic, Christie Rock, Jim Fahey, Chad Czmowski, Dave Johnston and Chairman Lofdahl. Absent: Farid Currimbhoy Also present: Gary Plotz, City Administrator, Kent Exner, City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated August 18, 2009. Mr. Kovacic moved to approve the consent agenda as submitted. Seconded by Ms. Rock. The consent agenda was approved unanimously 4.PUBLIC HEARINGS a) VARIANCE TO INCREASE LOT COVERAGE IN SHORELAND AREA FROM 25% TO 28% FOR ADDITION TO EXISTING HOUSE AT 1880 WEST SHORE DRIVE S.W. REQUESTED BY JEREMYAND STACY CROSBY, PROPERTY OWNERS Chairman Lofdahl opened the hearing at 5:32 p.m. with the reading of publication #7771 as published in the Hutchinson Leader on September 3, 2009. st Mr. Plotz explained the staff reviewed the proposed variance at the August 31 staff meeting. He noted staff discussed calculation of that portion of the lot that is not in the shoreland area and also, if the 10’ x 10’ deck would be included in the calculation. He reported the staff recommendation was to deny the request for lack of hardship and the fact the property can be used in a reasonable manor. Mr. Plotz stated staff is researching the questions of the property owner and a number of staff questions with the DNR Hydrologist for a definition of the shoreland area regulations and, to date, have not received an answer. He reported staff concerns setting precedence if approving this variance when future requests are made. He explained the history of similar variances. Discussion followed on calculating the property out of the shoreland area. Atty. Sebora reminded the commission that our ordinance is modeled after the DNR guidelines. There was further discussion on the uniqueness of this property. Mr. Fahey stated this is not a waterfront property. Properties to the west are not as impacted by the ordinance and impact is minimal. Mr. Exner explained the intent of the ordinance. He reminded the commissioners the ordinance is to draw the line somewhere. Mr. Exner stated the systems have been designed to handle more than 25% lot coverage and he explained the DNR arrived at this percentage for the best management practices. Discussion followed on the compacted soils in the area which happens during construction. Jeremy Crosby, 1880 West Shore Drive S.W., commented on the drainage and the placement of the drainage pipes which take 50% of the water west from the back of the lot. He explained Minutes Planning Commission – September 15, 2009 Page 2 the uniqueness of the property is the corner which is not in the shoreland area. He noted asking for the variance as the correct way to follow procedures. Mr. Crosby explained he did receive prices for a rain garden and is willing to add a rain garden if the commissioners would recommend to do so. Mr. Cmowski made a motion to close the hearing. Seconded by Mr. Fahey the hearing closed at 5:53 p.m. Mr. Johnston made a motion to recommend approval of the request. Seconded by Mr. Cmowski. Ms. Rock cautioned the Commissioners that it sets a precedence. Mr. Fahey explained he understands the staff has to follow the rules. Mr. Kovocic stated the recommendations as 1. Undue hardship has been met. 2. The property is unique as there is a drainage pipe in the rear yard directing drainage to the west away from the lake. The motion carried 4 ayes, 2 nays and 1 absent. Roll call vote: Aye: Fahey, Cmowski, Johnston and Kovacic; Nay: Rock and Lofdahl; Absent: Currimbhoy. Chairman Lofdahl stated this item will be placed on the City Council regular agenda at their meeting held September 22, 2009, in the Council Chambers at 5:30 p.m. b) CONDITIONAL USE PERMIT TO ALLOW REPLACEMENT OF A GARAGE AT A RESIDENCE IN THE C-3 ZONING DISTRICT AND A VARIANCE TO ALLOW A 3.5 FOOT SETBACK FROM THE RESIDENTIAL ZONING BOUNDARY WHERE 10 FEET IS REQUIRED AT 246 FRANKLIN STREET S.W. REQUESTED BY JIM AND JENNIFER MILLER, PROPERTY OWNERS Chairman Lofdahl opened the hearing at 5:59 p.m. with the reading of publication #7771 as published in the Hutchinson Leader on September 3, 2009. Mr. Plotz explained the request to remove an existing garage and replace the garage with a 688 sq. ft. garage at 246 Franklin Street S.W. The property is a residential use in the C3 (Central Commercial District). He reminded the commissioners the City Code allows the following single family residences applying for additions, decks, garages, remodeling, or other single-family related uses by conditional use permit in the C-3 District. A conditional use permit is also required to move a building onto the lot. The second part of this request is to grant a variance to allow the new garage to remain at 3.5 feet from the westerly property line which abuts a residential district. The zoning ordinance requires a 10 foot setback from a residential district, zero setback from an interior lot line abutting a commercial district and 20 foot accessory building setback from a street right of way. The Park Towers property is the R-4 district to the west across the alley from this property. Mr. Plotz reported the property owner stated the hardship as the difficulty in accessing the garage if it were to be 10 feet into the property. Mr. Plotz commented on the following recommendations: 1. The proposal would meet the standards in the Zoning Ordinance, with the exception of the building setback for which a variance is requested. 2. A moving permit is required to move the building onto the lot. 3. The standards for granting a variance have been met, including the finding of undue hardship and uniqueness. The characteristics of the property were not created by the applicant and the proposed garage would not alter the character of the locality. 4. If relocation of utility service is necessary it will be at the property owner’s expense. 5. The expansion of the alleyway entrance must meet City standards and will be at the property owner’s expense. Discussion followed on the dimensions of the existing garage and the garage to be moved to the lot. Minutes Planning Commission – September 15, 2009 Page 3 rd Mr. Miller, 246 Franklin Street S.W., explained that he will not be widening the driveway from 3 Ave. The garage being moved in will not require widening the driveway. He stated this garage is 4 feet longer than the existing garage. Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 6:09 p.m. Mr. Fahey asked if the City needed a wider alley entrance. Mr. Exner stated the City would rather not have the driveway widened. Mr. Fahey made a motion to recommend approval of the request for a conditional use permit and variance with staff recommendations 1-4 deleting number 5 regarding the expansion of the alleyway entrance. Seconded by Mr. Kovacic, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held September 22, 2009, in the Council Chambers at 5:30 p.m. c) PRELIMINARY AND FINAL PLAT OF HUTCHINSON MANUFACTURING SECOND ADDITION AND VACATION OF EASEMENT TO VACATE THE PREVIOUSLY PLATTED EASEMENT IN HUTCHINSON MANUFACTURING ADDITION REQUESTED BY TOM DAGGETT, PROPERTY OWNER Chairman Lofdahl opened the hearing at 6:13 p.m. with the reading of publication #7771 as published in the Hutchinson Leader on September 3, 2009. Mr. Plotz explained the proposed preliminary and final plat is a two lot plat. The proposed Lot One, Block One is 4.44 acres and Lot Two, Block One is 10.29 acres. The lots meet the requirements for the Light Industrial district. He stated the vacation of easement is to remove the previously platted easement and include a drainage and utility easement along the easterly property line of Lot One. He explained the purpose of the plat is to allow a 60 foot setback on the east side of the proposed building. Staff recommends approval of the plat with the following conditions: 1. The final plat shall be recorded at the McLeod County Recorder’s Office within 270 days of approval. Mr. Tom Daggett, property owner, asked about the easement to be vacated. Mr. Plotz explained the easement to be vacated was a previously platted easement along the lot line. Now there will be new lot line with new easements platted on both sides of the new lot line requiring vacation of the old easement. Mr.Fahey made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed at 6:17 p.m. Ms. Rock made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Kovacic, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held September 22, 2009, in the Council Chambers at 5:30 p.m. d) CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A 24’ X 24’ STORAGE GARAGE ON SCHOOL PROPERTY AT 1200 ROBERTS ROAD S.W. REQUESTED BY BRIAN MOHR, BUILDING AND GROUNDS SUPERINTENDENT, ON BEHALF OF SCHOOL DISTRICT 423, PROPERTY OWNER Chairman Lofdahl opened the hearing at 6:18 p.m. with the reading of publication #7771 as published in the Hutchinson Leader on September 22, 2009. Minutes Planning Commission – September 15, 2009 Page 4 Mr. Plotz commented on the request noting aconditional use permit is required in the R-2 zoning district for schools and related facilities. The proposal is to construct a 24’ x 24’ storage garage on the high school property near the tennis courts and other storage buildings. There is an existing storage building that will be demolished located near the practice fields. The new building will look identical to the existing storage building near the tennis courts. Staff recommends approval with the following recommendations: 1. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. Building code requires the new building must be located at least 6 feet from the existing storage garage. Mr. Johnston made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 6:20 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Johnston, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held September 22, 2009, in the Council Chambers at 5:30 p.m. e) PRELIMINARY PLAT OF LES KOUBA RIVERVIEW ADDITION SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY Chairman Lofdahl opened the hearing at 6:21 p.m. with the reading of publication #7771 as published in the Hutchinson Leader on September 3, 2009. Mr. Plotz commented on the request to combine several lots into one lot. He also commented on the roadway that was not platted previously. This lot will be one marketable lot. When platted, the lot will be approximately 3 acres. Platting the properties into one lot will remove interior lot lines and clean up property line issues. The properties were previously owned by Cenex, Mrs. Wright and former railroad property. Discussion followed on the possibility of rezoning the property in the future. Mr. Seppelt, EDA Director, explained the use will most likely be a commercial use. The one lot plat will bring it into a marketable property. He explained the property is in the shoreland district and the 25% lot coverage requirement will apply. He stated this will remain one large lot. It is in the flood plain and shoreland. Discussion followed on the Hwy 7 plan. Mr.Seppelt added the use would possibly be more like the nature of the businesses to the east. Discussion followed on the River area uses. Mr. Fahey made a motion to close the hearing. Seconded by Mr. Johnston the hearing closed at 6:28 p.m. Mr. Fahey made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Rock, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held September 22, 2009, in the Council Chambers at 5:30 p.m. 5.NEW BUSINESS a) FINAL PLAT OF PARK TOWERS ADDITION SUBMITTED BY HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY Mr. Plotz stated there are no changes from the preliminary plat. The final plat is consistent with the approved preliminary plat and contains one lot. Minutes Planning Commission – September 15, 2009 Page 5 Staff recommends approval of the final plat with the following condition: 1. Maintain green space in the southeast corner of the plat. Ms. Rock made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Fahey, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held September 22, 2009, in the Council Chambers at 5:30 p.m. 6.OLD BUSINESS None 7.COMMUNICATION FROM STAFF a) UPDATE ON 2009 WORK PLAN Mr. Plotz commented on the on-going activities which are being kept up. He read through the future activities. Mr. Exner commented on the transportation plan which is from 1998. He stated the parks and trails plan is also outdated. Mr. Plotz commented on the possibility of hiring a consultant to help with writing the plan. He explained this will probably be on hold until there is a new director of planning and zoning. b) DISCUSSION OF AMENDING THE PORTABLE/TEMPORARY AND BANNER SIGN ORDINANCE There was discussion on enforcing the portable sign ordinance and the banner sign ordinance. Staff was directed to come back to the board with possible new language next month. c) SPECIAL MEETING TO REVIEW PAN O GOLD SITE PLAN REVIEW. Mr. Plotz explained there has been a request for a special meeting to review a site plan for the potential Pan-O-Gold site at 336 Michigan Street S.E. There will be a quorum for the meeting on Tuesday, October 6, 2009. th d) Ms. Baumetz stated at this time, there are no items for the October 20 meeting. However, the th deadline is September 16. e) Atty. Sebora commented on the possibility of the orderly annexation agreement discussions coming back to the Joint Planning Board. He commented on the orderly annexation past history. 8.ADJOURNMENT There being no further business the meeting adjourned at 6:56 p.m. with a motion by Mr. Kovacic and seconded by Mr. Johnston.