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10-16-2012 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 16, 2012 Hutchinson City Council Chambers 1. CALL TO ORDER 5:30 P.M. The meeting was called to order by Vice Chairman Dave Johnston at 5:30 p.m. with the following members present: Raymond Norton, Bill Arndt, Dean Kirchoff, Jim Fahey, Christie Hantge and Vice Chairman Dave Johnston. Absent: Chairman John Lofdahl 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 August 21, 2012 Mr. Kirchoff moved to approve the consent agenda as submitted. Seconded by Mr. Norton. The consent agenda was approved unanimously 4. PUBLIC HEARINGS a) CONDITIONALUSE PERMIT TO ALLOW A 528 SQ. FT. ADDITION TO A 948 SQ. FT. GARAGE FOR A TOTAL SQUARE FOOTAGE OF 1476 SQ. FT. LOCATED AT 22 MCLEOD AVENUE N.E. Vice Chairman Johnston opened the hearing at 5:31 p.m. with the reading of publication #7957 published in the Hutchinson Leader on October 3, 2012. Mr. Jochum explained the property owner is requesting a conditional use permit to allow a 528 square foot addition to an existing 948 square foot garage, for a total of 1476 square feet. Allowable lot coverage is 50 %. Approximate lot coverage with the garage addition is 37 %. He reminded the commissioners that garages over 1,000 sq. ft. require a conditional use permit. He reported the garage addition will be used as storage of vintage cars. The building meets the setbacks. Mr. Jochum explained a conditional use permit shall be granted only if evidence is presented to establish the following: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Mr. Jochum reported that staff discussed concerns with larger garages located on city lots. He explained a conditional use permit must list reasonable conditions and cannot be denied. Minutes Planning Commission — October 16, 2012 Page 2 Staff finds that the request would meet the requirements of granting a conditional use permit Section 154.170) and recommends approval subject to the findings and conditions listed in the draft Resolution, including these specific conditions: 1. If a building permit is not applied for within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void. 2. A home occupation is not allowed exclusively in accessory building. 3. The exterior of the proposed garage shall be consistent with the exterior of the home. 4. The garage must be accessed by a concrete or bituminous driveway. 5. The garage must not exceed 16' in height. 6. The building may not be pole constructed. 7. Drainage must not affect the neighboring properties. 8. All other applicable zoning regulations must be followed. Mr. Linus Svoboda, 39 -5th Ave. N.E., neighboring property owner stated he would support the garage request. Mr. Fahey made a motion to close the hearing. Seconded by Mr. Kirchoff, the hearing closed at 5:35 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff recommendations. Seconded by Ms. Hantge, the motion carried unanimously. Vice Chairman Johnston stated this item will be placed on the City Council consent agenda at their meeting held October 23, 2012, in the Council Chambers at 5:30 p.m. 5. NEW BUSINESS a) DISCUSSION ON THE ORDINANCE ALLOWING GARAGES OVER 1000 SQ. FT. BY CONDITIONAL USE PERMIT Mr. Jochum explained there has been some discussion recently on Section 154.026 - Accessory Buildings, in the Zoning Ordinance. The ordinance states: "No accessory building or garage per single- family homes shall occupy more than 25% of a rear yard, nor exceed 1,000 square feet of floor area. Garages which exceed the aforementioned maximum may be allowed with a conditional use permit'. There have been several conditional use permit requests in recent months for garages over 1,000 square feet. Does the City want to allow additions to garages or new garages over 1,000 square feet? Is a 1,000 square foot garage sufficient for the vast majority of residential storage needs? Mr. Jochum reported staff consensus was to limit the size of garages within the City limits to 1,000 square feet and not have a conditional use permit process for garages larger than 1,000 sq. ft. in a city lot environment. He explained that home occupations cannot use the garage exclusively for the business. Discussion followed on garage height and the necessity to have large garages. Staff was asked if there was research of other communities on their ordinance regarding larger garages. There was discussion on the number of city lots that would accommodate larger garages and meet the lot coverage requirements. Mr. Jochum stated that the City Council will also discuss this item. Mr. Jochum explained staff would like feedback. Commissioners were in agreement that larger garages are becoming necessary. The consensus of the commissioners was to allow the larger garages by conditional use permit if they can meet the zoning and lot coverage requirements. Minutes Planning Commission — October 16, 2012 Page 3 b) PLANNING COMMISSION MEMBER AS PART OF THE AIRPORT COMMISSION Mr. Jochum explained the City Code does state that a member of the Planning Commission be appointed to the Airport Commission. John Olson, airport manager, explained there is a separate zoning ordinance for the airport. The City Code does require that a Planning Commission member sit on the Airport Commission. He commented on the need for the Airport Commission to include a Planning Commissioner. He reported there is a cross wind runway proposed for the airport which will include many discussions regarding planning. He reviewed the commitment of one meeting a month which is the 3 d Thursday at the airport at 5:30 p.m. He stated staff is included in the development of the airport. Discussion followed noting a Joint Planning Board member could be included on the Airport Commission. There was further discussion to delete the requirement from the ordinance and modify the ordinance language. 6. OLD BUSINESS Mr. Jochum commented on the draft of the housing study. He reported the comprehensive plan is on hold for now while the downtown plan is being completed. 7. COMMUNICATION FROM STAFF 8. ADJOURNMENT There being no further business the meeting adjourned at 6.07 p.m.