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07-20-1999 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 20, 1999 CALL TO ORDER 5:30 P.M. The meeting was called to order by Acting Chairman Bill Arndt at 5:30 p.m. with the following members present: Dave Westlund, Jim Haugen, Jeff Jones, Dean Kirchoff, and Jeff Haag. Absent: Dean Wood. Also present: Julie Wischnack, Director of Planning and Zoning; Bonnie Baumetz, Planning and Zoning; Richard Schieffer, City Legal Counsel; John Rodeberg, Director of Engineering; Mark Hensen, Building Official; and Dolf Moon, Director of Parks and Recreation 2. CONSENT AGENDA a) CONSIDERATION OF MINUTES OF REGULAR MEETING DATED JUNE 15, 1999 Mr. Westlund made a motion to approve the minutes. Seconded by Mr. Haag the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RANDY AND EDITH CARLSON TO CONSTRUCT A 26'X 36' POLE TYPE GARAGE LOCATED AT 426 HURON ST. Acting Chairman Arndt opened the hearing at 5:34 p.m. with the reading of publication #6038 as published in The Hutchinson Leader on Thursday, May 6, 1999. Ms. Baumetz explained the applicant is requesting the allowance of a conditional use permit to construct a 26' x 36' pole type garage located at 426 Huron Street SE. The property is zoned R-2 and is approximately 8,712 square feet (.20 acres). The site plan provides the pole building will be 6 feet from the adjoining property line, 10 feet off of the alley, and 30 feet from the south property line. The extra distance on the south line is to allow for a side entrance for the three -car building. The height of the building would not exceed 16 feet, as required by the code. Staff recommends approval of the conditional use permit with the following conditions: 1. The building materials to be similar to the existing duplex. 2. The existing accessory building be removed and be disposed of properly. Mr. Westlund moved to close the hearing, seconded by Mr. Kirchoff, the hearing closed at 5:40 p.m. Mr. Westlund made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Kirchoff. The motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CURTIS AND JANEL REITER TO CONSTRUCT A VETERINARY HOSPITAL LOCATED IN AN I/C DISTRICT AT 760 CENTURY AVE. SW Acting Chairman Arndt opened the hearing at 5:41 p.m. with the reading of publication #6039 as published in The Hutchinson Leader on Thursday, May 6, 1999. Ms. Wischnack said the property owners are requesting a conditional use permit to construct a veterinary hospital at the above listed address. The site is currently vacant. The proposed building is 4,800 square feet. The property is approximately 68,750 square feet or 1.58 acres. The theater is located to the west and Clock Tower Plaza is located to the east. Staff recommends approval of the conditional use permit because it meets the review criteria of Section 6.07 (132). Approval would be with the following conditions: 1. The plan is revised to provide the required setback from the interior property line; an additional tree location; and screening for the northern portion of the property. (A revised plan was submitted July 20, 1999.) 2. A building permit must be acquired for construction of the building. 3. If the building is enlarged or the business expands in the future, parking requirements would need to be reviewed. Curtis Reiter said the plan submitted is the final plan. In the future, they do have plans to sell off 120' for another lot. Mr. Westlund moved to close the hearing, seconded by Mr. Kirchoff the hearing closed at 5:46 p.m. Mr. Haag made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Kirchoff the motion carried unanimously. C) CONSIDERATION OF VACATION OF DEDICATED STREET RIGHT OF WAY LOCATED IN STUCKE'S FIRST ADDITION Acting Chairman Arndt opened the hearing at 5:47 p.m. with the reading of publication #6040 as published in The Hutchinson Leader on Thursday, May 6, 1999. Ms. Baumetz said the request is for the allowance of vacation of platted right of way located in Stucke's 15c Addition. It appears that there was a vacation of this right of way at some point in the past, but there is no documentation of the vacation. The issue arose at the closing for one of the properties. Staff is recommending the vacation procedures be followed again, to provide a reaffirmation of the vacated right of way. The county doesn't have record of vacation. Virgil Antony, 335 Charles Street, asked if the vacation included the 7' strip on his property. Ms. Baumetz said she would research the records and contact him. Mr. Antony was in favor of vacating the 7' strip. Mr. Haugen moved to close the hearing, seconded by Mr. Haag the hearing closed at 5:52 p.m. Mr. Haugen made a motion to recommend approval of the request with staff recommendations. Seconded by Mr. Westlund the motion carried unanimously. 4. NEW BUSINESS a) CONSIDERATION OF FINAL PLAT TO BE KNOWN AS ISLAND VIEW HEIGHTS 4T" ADDITION SUBMITTED BY BILL GILK Ms. Wischnack explained the applicant is requesting the allowance of a final plat to be known as Island View Heights 4th Addition. The preliminary plat provided for 28 — 2 unit structures and 1-3 unit structures. The final plat presents 25 — 2 unit structures (50 units). Since the units have changed, staff has requested final grading information. The location of the units are different than previously presented. Additionally, elevation information must be provided for each unit. A previously constructed storm water pond is located on the southeast portion of the final plat. Staff recommends approval of the final plat with the following conditions: 1. A blanket easement must be granted for Lot 51, for access by the utility companies. 2. Setbacks for the Fourth Addition will be a 20 foot setback from right of way and a 5 foot setback from the interior drainage and utility easement (private street). 3. Final grading information must be submitted to verify elevation information for the proposed units. 4. Verification that the bottom elevations of the storm water pond are at the same level as provided in the grading plans. If the elevations do not match, the extra siltation must be removed. (Applicant stated he was checking 7/6/99.) 5. Sedimentation on the existing streets and in the storm sewers due to construction activities must be remedied and erosion control measures taken to protect existing infrastructure. 6. Adequate access must be maintained during construction for the purposes of entering the property for emergency services. Staff is recommending a 5' setback otherwise the conditions have been met. Staff has verification of elevations, silt fencing is in place and the streets are cleaned. No. 6 is a new condition. Bill Gilk, developer, said this is a twin home development with lots 35' wide 70' deep. They are specially designed with 0" lot line setback. The request for 5' setback has been in the last 30 days. This is a untimely request. He was not notified at the April 191h preconstruction meeting. Mr. Gilk felt it is untimely change after the city has approved 25 twin home sites. It is an added expense to correct a previously agreed upon utility easement. John Rodeberg said there is a potential risk allowing homes to be built very close to the utiltiy line, but not a major concern. If footings on the property within the 5' setback were back dropped it would be a reasonable setback. John Rodeberg said they would go back and address the lots in question on an individual basis. Mr. Haag made a motion to recommend approval of the final plat with condition Item No. 6. Seconded by Mr. Kirchoff the motion carried. Haag, Kirchoff, Jones, and Arndt casting approval votes and Westlund and Haugen disapproval. 5. OLD BUSINESS Accessory building at 546/550 Miller Ms. Wischnack explained the building being constructed is 1,260 sf on a vacant lot. A conditional use permit is required for structures over 1,000 sf. The conditional use permit was reviewed at a public hearing at the Planning Commission on May 18, 1999. No public comment was received. Planning Commission recommended approval. City Council reviewed the information and approved the permit on May 25, 1999. The building permit was approved on June 18, 1999. Complaints were received regarding building size, height, possible siding, height of garage doors, possible use, etc. She also explained the definition of a pole barn as a building with a frame made of wood or metal parts, with metal panels covering three or more sides and without a full foundation. This building contains a full foundation; therefore is not defined as a pole barn, regardless of its exterior materials. Ms. Wischnack explained there are no violations of the code except for Height: 16.5' (6" too high). The size — over 1000 sf. has been approved by the Planning Commission and the City Council. There are no restrictions on garage door height. The applicant has stated it will be used for personal storage. Bruce Briggs, 540 Miller Ave. SW, presented a petition objecting to the construction. He thought it was going to be a garage that fits in the area. He feels construction equipment will be stored in the garage, and doesn't think steel siding is consistent with a garage. He also thought this large building might have an adverse affect on their property values. He doesn't want steel vertical siding. A Bill K., neighboring property owner on Linden Ave., said he sees no problem with steel siding, and feels once grade level is attained this structure follows city code. Bruce Briggs said you cannot change grade level to negatively impact the drainage on neighboring property. Bill Mathews said he is willing adjust the height of the building to 16' by cutting it down at the plate. He also said the steel siding would be bordered at the bottom with a darker colored wainscoating for a more attractive appearance. Bruce Briggs said water run off a huge building as this will cause a problem. Roger Bakken, 750 Lynn Rd., said the city has a drain in the alley to remedy the drainage problem. He has read the notices in the paper and does not have problem with the garage. Dick Schieffer, legal counsel, said the Planning Commission should pass along to the City Council the objections of the neighboring property owners. There has been no request to revoke the permit so the Planning Commission cannot make a recommendation to revoke the permit. Their responsibility is to give an information report to the City Council. Staff should prepare minutes to refect all concerns of the neighboring property owners. Bill Mathews asked the stop work order be lifted, so he can make corrections. Ms. Wischnack said the request for stop work order to be lifted should be in writing. Mr. Hensen, Building Official said the framing inspection will be the point at which the height is reverified. Mr. Westlund made a motion for staff to submit a report including Mc Mathews' resolutions to City Council seconded by Mr. Kirchoff. The motion carried unanimously. 6. COMMUNICATION FROM STAFF a) PRESENTATION BY DOLF MOON, DIRECTOR OF PARK, REC AND COMMUNITY ED, AND JOHN RODEBERG, DIRECTOR OF ENGINEERING, REGARDING FUTURE AND EXISTING TRAILS b) DISCUSSION OF STREET NAME CHANGE ALONG ADAMS ST./HWY 22 John Rodeberg is proposing existing Hwy 22 be changed to County Rd 7 and change Adams Street to Bluff Street. Staff will send out a survey regarding changing Adams Street to Bluff Street. Jeff Haag asked if Lewis Ave. SW could be considered fora one-way west bound street. Mr. Rodeberg said property owners should submit a petition requesting the change. 7. ADJOURNMENT Being no further business the meeting adjourned at 7:47 p.m.