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05-17-2011 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 17, 2011 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: Christie Rock, Chad Czmowski, Dean Kirchoff, Dave Johnston and Chairman Lofdahl. Absent: Jim Fahey and Chris Kovacic Also present: Dan Jochum, Planning Director, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator 2.PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA a) Consideration of Minutes dated April 19, 2011 Mr. Johnston moved to approve the consent agenda as submitted. Seconded by Mr. Czmowski, the consent agenda was approved unanimously 4.PUBLIC HEARINGS a) CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO ALLOW CONSTRUCTION OF A HOUSE WITH ZERO SETBACK TO THE FRONT AND REAR PROPERTY LINES WITH 16” GABLE OVERHANGS INTO COMMONS AREA AND TO BUILD AN ACCESSIBLE EGRESS STAIR OFF THE DECK INTO THE SIDE SETBACK AT 1189 OAKWOOD COURT N.W. Chairman Lofdahl opened the hearing at 5:34 p.m. with the reading of publication # 7875 as published in the Hutchinson Leader on May 4, 2011. Mr. Jochum explained the property owners are requesting an amendment to the planned development district to construct a new home in Fairway Estates Second Addition. He explained the amendment is to allow zero-foot front and rear setbacks, where a 5-foot setback was specified on the approved development plans. He noted the gable overhang will encroach into the association common space. The applicant is also requesting a 4 foot accessible egress stair off the deck into the 5 foot side setback on the west side of the home. He reported the east side is proposed to meet the 5 foot setback and the west side will have a 1 foot setback at the deck stairs. The lots in this development are surrounded by commonly-owned open space, which is managed by the association. There have been similar amendments approved to allow for setback reductions in this development. He understands the homeowners association had no problem with the request. Dick Lennes, 1175 Oakwood Court N.W., Homeowners Association representative on the architect design review committee, reported the plan is in compliance with the design review regulations for the development. He stated the Homeowners Association reviewed the request at their annual meeting and there were no negative comments. They recommended approval. Mr. Jochum reported that staff considered the potential impacts to adjacent properties. There is a large amount of open space on the west side of the subject lot between it and the next home, thus there doesn’t appear to be an issue with reducing the setbacks. He noted the home to the Minutes Planning Commission – May 17, 2011 Page 2 east also has reduced front and rear setbacks to zero feet. There appears to be adequate drainage occurring and the deck stairs in the setback area do not appear to cause a drainage impact. He stated staff recommends approval of the request with the following conditions: 1. The proposal would meet the standards for granting a conditional use permit, subject to the conditions stated. 2. The deck will be built with accessible stairs per City of Hutchinson Building Code. 3. A building permit survey will be required at the time of building permit application to verify elevations and ensure positive drainage. Discussion followed on the percentage of impervious coverage in the development. Mr. Jochum reported it appears to be under 50% coverage. Mr. Johnston made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at 5:45 p.m. Ms. Rock made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Kirchoff , the motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their meeting held May 24, 2011, in the Council Chambers at 5:30 p.m. 5.NEW BUSINESS a) CONSIDERATION TO SPLIT LOT 1, BLOCK 1, HAHC ADDITION AT 1555 SHERWOOD STREET S.E. REQUESTED BY HUTCHINSON SENIOR CARE SERVICES This item was withdrawn by the applicant. 6.OLD BUSINESS a) DISCUSSION OF SEXUALLY ORIENTED BUSINESS ORDINANCE REGARDING % OF BUSINESS DEVOTED TO SEXUALLY ORIENTED MATERIALS Mr. Jochum explained the City Council directed staff to research the percentages found in the definition of “sexually oriented businesses” to determine if the percentages should be changed and if there should be a maximum square footage allowed for these businesses. He commented on the present ordinance. Staff researched other ordinances and commented on the City of New Prague ordinance which is similar to our ordinance. New Prague has recently amended some of their ordinance. Staff will prepare an amendment to the ordinance for the June agenda. 7.COMMUNICATION FROM STAFF a) UPDATE ON VARIANCE REGULATIONS Mr. Jochum commented on the amendment to the State statute regarding variances which was signed into law by the Governor. He explained the term “hardship” has been eliminated and changed to “practical difficulties”. The term “practical difficulties” was defined. He explained the new language may be more flexible to grant variances. Atty. Sebora commented on the impervious surface coverage and variances. Mr. Jochum commented on the use of mitigation such as rain gardens in the case of impervious surface coverage. Discussion followed on the DNR having one year to approve the new stormwater language the City has adopted. We will amend our variance ordinance next month. Minutes Planning Commission – May 17, 2011 Page 3 b) Mr. Jochum invited the Planning Commissioners to the Comprehensive Plan public meeting on th May 25, from 5:30 -7:30. He explained there will be a short presentation after which there will be opportunity for the public to voice opinion. 8.ADJOURNMENT There being no further business the meeting adjourned at 6:05 p.m.