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06-16-1998 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 16, 1998 CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Dean Wood at 5:30 p.m. with the following members present: Bill Arndt, Dave Westlund, Jeff Haag, Jim Haugen, Joe Drahos, Jeff Jones and Chairman Wood. Also present: Bonnie Baumetz, Planning and Zoning, and G. Barry Anderson, City Attorney. 2. CONSENT AGENDA a) Consideration of minutes of regular meeting dated May 19, 1998. b) Consideration of lot split located at 855/865 Cleveland Ave. requested by David Butler. Mr. Haugen made a motion to approve consent agenda items. Seconded by Mr.Westlund the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF ANNEXATION BY ORDINANCE OF APPROXIMATELY 40 ACRES REQUESTED BY BERNHAGEN FAMILY, JIM MARKA, AND MARV HAUGEN LOCATED IN HUTCHINSON TWP. Chairman Wood opened the hearing at 5:31 p.m. with the reading of publication #5178 as published in The Hutchinson Leader on Thursday, June 4, and Tuesday, June 9, 1998. The request is for the purpose of considering a petition for annexation by ordinance of a 39.92 acre parcel located in Sections 31 and 32, Hutchinson Township. Ms. Baumetz explained a petition by 100% of the property owners for annexation has been received. The property abuts the city and is less than 60 acres. Annexation will be by ordinance. After approval by the Planning Commission and City Council it will be sent to the municipal board. Mr. Bemhagen explained the property will become available for development after annexation. The DNR wet land areas will remain as wetlands. The property will be annexed into the city as R-1 zoning district. The adjoining property owners present were concerned how the land is going to be developed, how it is going to effect their property values, and what effect development may have on their wells. Barry Anderson, City Attorney said these concerns are well founded. These are items that will be handled at the time of platting of the property. Abutting property owners will be notified at that time. Mr. Arndt moved to close the hearing, seconded by Mr. Jones the hearing closed at 5:40 p.m. Mr. Arndt made a motion to recommend approval of the request with staff recommendations. Seconded by Mr.Haugen, the motion carried unanimously. b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY BEN HANSEN TO MOVE A HOUSE ONTO PROPERTY IN THE FLOOD FRINGE LOCATED AT 1330 HWY 7 WEST. Chairman Wood opened the hearing at 5:44 p.m. with the reading of publication #5179 as published in The Hutchinson Leader on Thursday, June 4, 1998. The request by Ben Hansen is for the purpose of considering a request to move a house onto property in the flood fringe located at 1330 Hwy. 7 West. Ms. Baumetz explained Mr. Hansen would like to move a mobile home into the flood fringe area. The planning staff is asking Mr. Hansen submit a copy of the private easement agreement with Mr. Jim Reid, neighboring property owner. Mr. Hansen said he had the understanding it was a public easement, and he has spoken with Cal Lee, Hutchinson Telephone Co., and Don Nelson, Hutchinson Utilities neither one has objections with encroachment into the easement. A letter was noted from Robert Collett, Area DNR Hydrologist, stating the applicant raise the structure on fill. Fill must extend 15 feet beyond outside limits of the structure. Fill shall be properly compacted and slopes protected by vegetation, rock, or other means. Manufactured homes must be securely anchored to a foundation that resists floatation, collapse and lateral movement. Mr. Mark Hensen, City Building Inspector, said he had talked with Mr. Nelson, Hutchinson Utilities, Mr. Nelson also told him there were no objections to encroaching into the easement. Mr Hensen said the survey shows floor elevation minimum 1046.4. The house will be 8" higher than the requirement for the 100 year flood. Mr. Weslund moved to close the hearing, seconded by Mr. Jones the hearing closed at 5:55 p.m. Mr. Westlund made a motion to approve the request with staff recommendations and recommendations stated in the letter from Robert Collett, DNR Hydrologist, seconded by Mr. Jones the motion passed. C) CONSIDERATION OF VARIANCE TO REDUCE SIDE YARD BUILDING SETBACK REQUESTED BY CROW RIVER PRESS LOCATED ON SHADY RIDGE ROAD. Chairman Wood opened the hearing at 5:56p.m. with the reading of publication #5180 as published in The Hutchinson Leader on Thursday, June 4, 1998, The request is to reduce the building set back from 25' to 19'9" located at 170 Shady Ridge Rd N.W. Mr. Mark Theis, Crow River Press, said they are requesting a variance to provide for a fourth dock. All trucks will be maneuvering on their property. The variance will be to reduce the setback into the easement 63". Mr. Haag moved to close the hearing, seconded by Mr. Arndt the hearing closed at 6:05 p.m. Mr. Westlund made a motion to recommend approval of the request with staff recommendations, seconded by Mr. Drahos, the motion passed. Mr. Haugen abstained from voting. d) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE SECTION 10.14 REGARDING BANNER SIGNS. Chairman Wood opened the hearing at 6:06 p.m. with the reading of publication #5159 as published in The Hutchinson Leader on Thursday, June 4, 1998. The request is for the purpose of considering an amendment to City Code Chapter 11, Zoning Ordinance #464, Section 10.14 regarding signs in the C-3 District and Banners in the Main Street Area. Ms. Baumetz explained the change in the ordinance the Downtown Design Review Committee has recommended. Sharon Grunhagen, owner of Vacuum Gallery, felt the downtown businesses would police themselves. She doesn't want to take their banner down in 14 days. Lee Gruenhagen said small businesses on main street are completing with Kmart and WalMart, they need banners to bring in business. The Commissioners felt banners should be monitored. Barry Anderson suggested the banner amendment be referred back to staff. Mr. Drahos moved to close the hearing, seconded by Mr. Westlund the hearing closed at 6:35 p.m. Mr. Haag made a motion to recommend approval of Section 10.14 (4)(b) with balance of ordinance (4) (d) and (5) (k) referred back to staff. Seconded by Mr. Haugen the motion carried unanimously. 4. NEW BUSINESS a) Consideration of resolution for orderly annexation of approximately 73 acres located in Lynn Twp. requested by Ryan Companies U.S. Inc. Mr. Baumetz said all property owners have petitioned for annexation. Development will be retained to the northerly portion with no development planned for the southerly portion. Mr. John Payton, RLK, explained the preliminary site plan. Storm water will be maintained on site. Mr. Payton said 29.1 acres will be developed at this time. Doug Johnson, Lynn Township Official, asked if 40 acres of undeveloped land remain agriculural and the taxes stay in the township. Barry Anderson recommended the township officials confer with the city council regarding the loss of tax base. Mr. Arndt made a motion to recommend approval with staff recommendations. Seconded by Mr. Haugen the motion carried unanimously. b) Consideration of resolution to amend comprehensive land use map. Mr. Haag made a motion to recommend approval with staff recommendations. Seconded by Mr.Arndt the motion carried unanimously. C) Discussion of request by Roger Kiernan for outdoor display of automobiles in the C-3 District. Mr. Ron McGraw, legal council for Mr. Kleman, explained Mr Kleman's request to park 2 or 3 cars outside with 4 -sale signs on them. Mr. Anderson recommended the commission refer back to staff to amend the ordinance of the C-3 district to allow for outdoor car sales with a conditional use permit. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF Staff received approval of the new format of the memos to Planning Commission and finding of facts. 7. ADJOURNMENT There being no further business the meeting adjourned at 7:25 p.m.