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09-18-1984 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, September 18, 1984 1. CALL TO ORDER The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Larry Homo at 7:30 P.M., with the following members present: Marlin Torgerson, Roland Ebent, Don Erickson, Tom Lyke, Shu - Mei Hwang, and Chairman Homo. Absent: Elsa Young. Also present: City Administrator Gary D. Plotz, Director of Engineering Marlow V. Priebe and City Attorney James Schaefer. 2. MINUTES The minutes of the regular meeting dated August 21, 1984, were approved as presented on a motion by Mr. Erickson. Seconded by Dr. Lyke, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT SUBMITTED BY QUINTIN GRUIS Chairman Homo opened the hearing at 7:32 pm. with the reading of Publication #3307 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for a conditional use permit to allow the operation of a boarding house for the elderly on the property located at 125 Water Street. Following discussion, Mr. Erickson made a motion to close the hearing. Seconded by Mr. Torgerson, the motion carried unanimously and the hearing was closed at 7:36 pm. Mr. Ebent made a motion to recommend to City Council approval of the conditional use permit as requested subject to required State licensing and building and fire inspection. Seconded by Mr. Torgerson, the motion carried unanimously. (b) CONSIDERATION OF VARIANCE AS SUBMITTED BY HARVEY KEMPER Chairman Homo opened the hearing at 7:36 p.m. with the reading of publication #3306 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for a variance to allow a shed to be placed 2' from the sideyard line on the property located at 637 Bluff Street. Mr. Harvey Kemper was present to explain the request. The shed was formerly located on City property adjacent to Mr. Kemper's property. In a written statement to the Planning Commission, Mr. Kemper stated tree removal, contour of the land and the need for room for a future driveway as reasons for not meeting the 6' setback requirement. 1 Planning Commission Minutes 9/18/84 Mr. Mark Guggemos, who recently purchased the property adjoining Mr. Kemper's from the City, was present. He stated that his main objection was that no official survey of the property had been made and he wondered how Mr. Kemper could accurately place the building 2' from the property line without a survey. Director Priebe noted that a further permit for moving and placement of the shed would be necessary and a survey would then be required. After further discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Ebent, the motion carried unanimously and the hearing was closed at 7:48 p.m. Mr. Torgerson made a motion to recommend to City Council approval of the variance as requested contingent upon parcel survey being made. Seconded by Mr. Hwang, the motion carried unanimously. (c) CONSIDERATION OF PRELIMINARY PLAT OF "HELLAND'S SIXTH ADDITION" Chairman Homo opened the hearing at 7:49 p.m. with the reading of publication #3308 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for the platting of a parcel of land to be known as HELLAND'S SIXTH ADDITION. Mr. William Helland was present to state that he felt development of the area was going as planned and he hoped for it to continue. Director Priebe explained the overall plan in regard to layout and services. Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Erickson, the motion carried unanimously and the hearing was closed at 7:51 P.M. Mr. Torgerson made a motion to recommend to City Council approval of the preliminary plat as submitted. Seconded by Mr. Erickson, the motion'carried unanimously. (d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "CALIFORNIA SECOND ADDITION Chairman Homo opened the hearing at 7:52 p.m. with the reading of publication #3309 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for the replatting of Lots 1-6, Block 3, California Addition to 11 smaller lots to be known as CALIFORNIA SECOND ADDITION. Director Priebe was present to explain the request. He noted that an application to rezone the newly platted area from R-3 to R-4 to allowed "manufactured homes" had also been submitted. After discussion, Mr. Erickson made a motion to close the hearing. Seconded by Mr. Torgerson, the motion carried unanimously and the hearing was closed at 7:55 p.m. Mr. Erickson made a motion to recommend to City Council approval of the preliminary and final plat as submitted. Seconded by Mr. Hwang, the motion carried unanimously. Planning Commission Minutes 9/18/84 (e) CONSIDERATION OF REQUEST FOR AMENDMENT TO THE ZONING ORDINANCE (MAP) AS SUBMITTED BY JOHN MILLER Chairman Homo opened the hearing at 7:55 p.m. with the reading of publication #3310 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is to rezone Lots 1-6, Block 3, CALIFORNIA ADDITION from R-3 to R-4 to allow the placement of "manufactured homes" on the lots. After discussion, Mr. Torgerson made a motion to close the hearing at 8:00 p.m. Seconded by Mr. Hwang, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of the request to rezone as submitted. Seconded by Mr. Erickson, the motion carried unanimously. (f) CONSIDERATION OF PRELIMINARY PLAT OF "LAKEWOOD TERRACE FOURTH ADDITION" Chairman Homo opened the hearing 4t 8:01 p.m. with the reading of publication #3311 as published in the Hutehinson'Leader on Thursday, September 6, 1984. The request is for the platting of 16 lots to be known as LAKEWOOD TERRACE FOURTH ADDITION. Director Priebe explained the layout submitted as well as the overall plan for the area. After discussion, Mr. Ebent made a motion to close the hearing. The motion was seconded by Mr. Hwang and discussion followed. Dr. Lyke, representing the Hutchinson Utilities Commission commented that they would like an understanding that when it is requested that lines be moved, the cost will be the property owner's responsibility. Director Priebe noted it could be part of the subdivision agreement. The motion to close the hearing then carried unanimously. Mr. Ebent made a motion to recommend to City Council approval of the preliminary plat as submitted, with the stipulation that owners will be required to pay for the cost of moving any utility lines when there are no easements given. Seconded by Dr. Lyke, the motion carried unanimously. (g) CONSIDERATION OF VARIANCE SUBMITTED BY ERLAND JABLINSKI Chairman Homo opened the hearing at 8:10 p.m. with the reading of publication #3312 as published in the Hutchinson Leader on Thursday, September 6, 1984. The request is for a 32' variance to allow the construction of a mini -warehouse 18' from the rearyard property line on the property located on Michigan Street. Director Priebe explained that Mr. Jablinski had been given a building permit for the mini -warehouse. At the time, staff did not realize that it did not meet the required 50' setback. The error was not discovered until Mr. Jablinski had poured a concrete floating slab for the building. At that time Mr. Jablinski was instructed to stop building and apply for a variance. 3 Planning Commission Minutes 9/18/84 Mr. Jablinski was present to state that he had expected to have the building up by this time and he already had renters for the building. Besides his investment already in the slab, he was also losing rent money. When questioned about the room between the buildings (there are mini -storage buildings already on the property), Mr. Jablinski responded that he did not want the cars to be able to back up to the building, but�have to drive along side. He noted that if they were to drive around the building, the 18' would provide enough room. Mr. Vic Swanson, adjoining property owner, was present. He stated that there were those interested in his property that would also like to put their business as close to the back line as possible. He later stated that if a chain-link fence was required on the west line, he would be in agreement with the variance. When asked if he intended to put in any more buildings, Mr. Jablinski responded that he could put in one smaller building. Mr. Jablinski was asked how he would have proceeded without the variance. He responded he would have had to build a two level building because of the elevation of the land. Other comments: The slab is a 24' by 70' floating slab, 4" thick, reinforced around the perimeter -- not suitable for a driveway. Mr. Jablinski stated he couldn't afford additional land. This type of use normally wouldn't require 50' ... the 50' setback was intended for more industrial types of businesses. Had the building not already been started, it was the consensus of the Planning Commission that the variance would not have been granted. Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Erickson, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of the variance with the stipulation that a chain-link fence be put up on the west line, noting this should not set a prece dent but that it was granted because of unusual circumstances -by staff error. The motion was seconded by Mr. Erickson. Discussion followed. Mr. Torgerson amended the motion to include that the City stand the cost of the chain link fence. The amendment was seconded by Mr. Erickson. The amended motion failed with Mr. Erickson, and Mr. Torgerson and Chairman Romo voting "yes" and Mr. Hwang, Dr. Lyke and Mr. Ebent voting "no." Mr. Erickson made a motion to deny the variance understanding the liability the City has to the property owner as to relocation and rental losses. Seconded by Dr. Lyke, the motion carried unanimously. 4. Old Business (a) CONSIDERATION OF FINAL PLAT OF HANSON'S SUBDIVISION OF PETERSON ESTATES (WITHIN TWO MILE RADIUS) Mr. Dennis Kahl, representing the owners of the property to be 4 Planning Commission Minutes 9/18/84 platted, submitted written approval of the final plat by the Hassan Valley Town Board. There were were no changes from the previously approved sketch plan and preliminary plat. Mr. Torgerson made a motion to recommend to City Council approval of the final plat as submitted. Seconded by Mr. Hwang, the motion carried unanimously. (b) CONSIDERATION OF FINAL PLAT OF DAVID LEE ACRES (WITHIN TWO MILE RADIUS) The preliminary plat of DAVID LEE ACRES was recommended for approval by the City with the stipulation that the land remain residential/agricultural zoning, and that access to Lot 2 and the plat itself be,approved by the State Highway Department. Mr. Jim Reid presented a permit from the State Highway Department allowing Mr. Reid to widen the driveway (access to Lot 2) and stated that Mr. R.E. Novotny of that department confirms their approval of the plat. Mr. Reid also submitted a statement from the Hutchinson Town Board stating their approval of the final plat. Mr. Tom Sharstrom and Mr. Tom Compton were present to ask the Planning Commission to reconsider their stipulation that the property must remain agrigultural or residential. Mr. Sharstrom had received a building permit from the Hutchinson Township Board to allow the construction of a plumbing business on one of the lots to be platted. They will be asking the County to rezone the front portion of Lot 2 to allow commerical use. After discussion, Dr. Lyke made a motion to recommend to City Council approval of the final plat with the stipulation that it remain agricultural or residential, noting that the recommended zoning is in concert with the City's Comprehensive Plan. Seconded by Mr. Erickson, the motion carried unanimously. (c) CITY REQUESTED ANNEXATIONS Director Priebe explained that the City received a letter from the State Municipal Board acknowledging the city's request to annex road right of ways. The roadway that is surrounded by 60% of the City could be annexed by ordinance. Director Priebe recommended proceeding with that annexation. The second request is not surrounded by 60% City and would require a hearing by the Municipal Board and an annexation election by the City. Director Priebe recommended that this request be dropped at his time. 5. New Business None. 6. Adjournment There being no further business, Mr. Ebent made a motion to adjourn the meeting. Seconded by Mr. Hwang, the motion carried unanimously and the meeting was adjourned at 9:25 p.m. 5