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10-16-1984 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, October 16, 1984 1. CALL TO ORDER The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Larry Romo at 7:30 P.M., with the following members present: Marlin Torgerson, Elsa Young, Roland Ebent, Thomas Lyke, Shu -Mei Hwang, and Chairman Romo. Members absent: Don Erickson. 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 September 18, 1984, were approved as presented on a motion by Mr. Ebent. Seconded by Dr. Lyke, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY GORDON HEDLUND Chairman Romo opened the hearing at 7:32 p.m. with the reading of publication #3318 as published in the Hutchinson Leader on Thursday, October 41 1984. The request is for a conditional use permit to allow the expansion of a mobile home park (Country Club Terrace - Phase Two). Director Priebe explained that this was a revised portion of an overall plan for Country Club Terrace. Staff recommended the permit be approved contingent upon 104 of the land being designated for park land, as per City Ordinance. Director Priebe explained that Mr. Hedlund had not provided 104 on the proposed layout as the playground area already designated in the mobile home park was not used. City Administrator Plotz noted that for less than 104 to be required a variance would be necessary. Mr. Torgerson made a motion to close the hearing at 7:40 p.m. Seconded by Mrs. Young, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of the conditional use permit contingent upon 104 of both phases of Country Club Terrace being designatd for park land. Seconded by Dr. Lyke, the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY KENNETH NORTON Chairman Romo opened the hearing at 7:42 p.m. with the reading of publication #3317 as published in the Hutchinson Leader on Thursday, October 4, 1984. The request is for a conditional use permit to allow the moving of a house from 515 1st Ave. N.E. to property located at 216 Huron Street, located in an IC -1 zone and the flood fringe district. Chairman Romo noted staff recommendation to approve with contingencies and that the DHR has stated the basement or first floor must be at or above the I Planning Commission Minutes 10/16/84 , regulatory flood protection elevation (10.41 feet). Fill material must be in accordance with applicable standards contained in Hutchinson Zoning Ordinance 464 Section 8.11. Mr. Kenneth Norton questioned having to meet flood fringe requirements. He had removed a house from the lot and there had been no problems with water in the basement. Director Priebe explained that there were things that could be done to protect the structure from ground water, but that they would have to be determined by the State Building Department. In response to the staff recommendations, Mr. Norton responded that the house would be made a uniform color. He asked when water and sewer would be made available by the City. Director Priebe responded that it would be at least next summer. Mr. Norton replied that he would like to hook up to the present sewer line and wondered if it would be possible for him to privately hire someone to extend the water line to the house. Director Priebe explained that it would have to be requested of the City Council, but was possible. He questioned the advisablility of hooking up to the existing sewer line because of the poor condition of the line and noted that if Mr. Norton was allowed to hook up to the existing sewer it should only be temporary. In reference to staff recommendation that the house must meet building code requirements in 6 months, Mr. Ebent asked how this could be possible if sewer and water would not be available until summer. It was determined that this 6 month requirement could be extended upon request. It was also noted that rather than have the house demolished if code was not met, the house could also be moved. Mrs. Young made a motion to close the hearing at 8:05 p.m. Seconded by Mr. Torgerson, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of the conditional use permit as requested contingent upon the following: 1. The house must meet building code requirements within 6 months after the house is moved, or the house must be moved or demolished. 2. The house must meet requirements of the State Building Code for houses located in the Flood Fringe District. 3. The exterior of the house must be the same (uniform) color. 4. The house may be hooked up to the existing sewer line temporarily until such time as a new sewer line is extended and made available to the property. 5. Water and sewer will be extended to the property as per Council determination. Seconded by Mr. Hwang, the motion carried unanimously. (c) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY ROBERT MCGEE Chairman Homo opened the hearing at 8:07 p.m. with the reading of publication ;3322 as published in the Hutchinson Leader on Thursday, October 4, 1984. The request is for a 3' variance to allow the construction of a double garage 3' from the sideyard line on the property located at 173 5th Ave. N. E. The supporting materials for Mr. McGee's request did not clearly show the dimensions and the proposed plan. Mr. McGee was not present to answer any questions about the request. 2 Planning Commission Minutes 10/16/84 Chairman Romo stated that there was a double garage behind the house. He questioned the need for two double garages for a single family residence. Director Priebe recommended that a survey of the lot showing the existing structures be required before a determination be made. It was the consensus of the Planning Commission that the hearing be continued until the November 20th meeting. (d) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY VICKI HOEFT Chairman Romo opened the hearing at 8:15 p.m. with the reading of publii�cation #3323 as published in the Hutchinson Leader on Thursday, October 4, 1984. The request is for a conditional use permit to allow the moving of a house now located at 29 Fourth Ave. N.E. to the property located on CarlleStreet described as the South 75' of North 1501 of Lot 9 Bloch 4, N 1/2 City. Director Priebe explained that the proposal meets, all setback requirements and that City water and sewer are available. It was the consensus of the Planning Commission that the houselfit well into the area. Mr. Torgerson made a motion to close the hearing at 8:19 p.m. Seconded by Mrd. Hwang, the motion carried unanimously. Mr. Ebent made a motion to re'pommend to City Council approval of the conditional use permit to allow' the moving of the house to the Carlisle Street location. Seconded by Mrs. Young, the motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR SIGN VARIANCE AS SUBMITTED BY B & F INVESTMENTS (CENTURY 21) Chairman Romo opened the hearing at 8:20 p.m. with the reading of publication # 3324 as published in the Hutchinson Leader on Thursday, October 4, 1984. i The quest is for a sign variance to allow a 101 by 111 sign to be plac d on an existing signboard above the roof line of the building located at 305 Main Street South. Mr. and Mrs. Larry Fraser were present to explain the request. Mr. Fraser stated that the sign was already in place on the signboard that was actually a part of the roof of the old Yetzer building. He stated that they need a sign to advertise their business and felt that in essence all they were doing was changing the lettering on the signboard. Mrs. Connie Fraser stated that there was some updating to do on the building in the futuo,,e, but for now she felt putting the sign somewhere else on the building might not be as attractive as using the present signboard. Mr. Fraser further explained that they have bought the building contract for deed and the owner is not in favor of having the existing board removed. Mr. lorgerson read from Ordinance 464 siting that any non -conforming sign',must be made conforming upon change of ownership or use of the property. He felt that by granting the variance as requested, the Planning Commission would be setting a precedent. Discussion followed 3 Planning Commission Minutes 10/16/84 ' regarding nonconforming signs. Mr. Hwang stated that he felt the ordinance was very straight forward about what it required and that the ordinance should be followed. Mrs. Young stated her agreement. Chairman Homo indicated he felt there was some gray area about the existing signboard. After discussion, Mr. Torgerson made a motion to close the hearing at 8:45 p.m. Seconded by Mrs. Young, the motion carried unanimously. Mr. Hwang made a motion to recommend to City Council the request for a sign variance be denied in accordance with the City Ordinance. Seconded by Mrs. Young, the motion carried unanimously. (f) CONSIDERATION OF REQUEST FOR VARIANCE AS SUBMITTED BY ERICKSON OIL PRODUCTS, INC. Chairman Homo opened the hearing at 8:05 P.M. with the reading of publiccation #3325 as published in the Hutchinson Leader on Thursday, October 4, 1984. The request is for a 121variance to allow the construction of an Erickson Station Store 38' from a residential zone on the property located at 11 Fourth Ave. N.E. Mr. Clare Erickson of Erickson Oil Products, Inc., was present to explain that Erickson's had been granted a 25' variance on July 22, 1980. The project was not done. Now they have submitted a new design which would give them more room so only a 12' variance is required. Mr. Richard Anderson was present to inquire about how the proposal will affect his access to the driveway to his home which is located behind the present Erickson Station. He stated that he has an easement which allows him access and use of that driveway. After looking at the plans that Mr. Erickson had, he felt it would be impossible to use the driveway in the winter. Chairman Homo pointed out to Mr. Anderson that the easement is a legal question between Mr. Anderson and Ericksons. Granting the variance would not supercede the easement. Mr. Torgerson made a motion to close the hearing at 8:55 p.m. Mrs. Young seconded the motion and it unanimously carried. Mr. Torgerson made a motion to recommend to City Council approval of the variance as requested, with the understanding that Erickson's work out access and egress with the affected property owners. Seconded by Mr. Hwang, the motion carried unanimously. (g) CONSIDERATION OF CONDITIONAL USE PERMIT AS REQUESTED BY PAUL BETKER Chairman Homo opened the hearing at 8:57 p.m. with the reading of publication #E3326 as published in the Hutchinson Leader on Thursday October 4, 1984. The request is for a conditional use permit to allow the construction of a twin home in an R-1 zone, located on the property on the corner of School Road North and Polling Oaks Lane. Chairman Homo noted that 4 Planning Commission Minutes 10/16/84 staff'recommended that the permit be denied as the proposed plan did not meet setback requirements for an R-1. (Mr. Torgerson asked to relinquish his seat on the Planning Commission to become a part of the audience as he was affected by the request and formally notified. His seat was so relinquished for this hearing.) Mr. Paul Betker was present to explain that he intends to build an attractive home, one side facing Roling Oaks Lane and one side facing School Road. Mr. Marlin Torgerson was present to state that all the homeslIon the north side of Rolling Oaks Lane, bordering the park are single family, facing south. He stated he objected to a multiple family dwelling and the front yard setback proposed. Mr. Jarvis Watnemo, property owner to the West of the proposal stated that his house', was setback 901. He also objected to the setback proposed. I Director Priebe noted that Mr. Betker had been sold a nonconforming lot. I He owns an area 260' by 1001. He will need Council approval to split'la lot, but at this point, that would be separate from this request. After much discussion, Mr. Ebent suggested that the 260' be divided into three lots; the first would be 100 feet deep and the other two 80'd ep. He proposed that the twin home be constructed so that it is set biek 62 feet from Rolling Oaks Lane. Mr. Betker argued that that would'ileave him with an 80' lot that would be difficult to sell. He wouldl prefer to make the lots so that the twin home would be set back 50' from Rolling Oaks Lane. The property owners present stated that they Mould be much more open to a 62, setback than the 25' in the proposal or the 50' that Mr. Betker proposed . Mr. Ebent made a motion to close the hearing. Seconded by Mrs. Young, the motion carried unanimously. Mr. Ebent made a motion to deny the conditional use permit as requested, but would also recommend that he (Mr. $etker) work with the neighbors and come up with a 3 lot layout of the 260' and bring it before the City Council. Seconded by Mr. Hwang; the motion carried unanimously. 4. OLD (a) CONSIDERATION OF FINAL PLAT OF ORCHARD PARK FIRST ADDITION Director Priebe explained that there had been no changes from the preliminary plat that had been approved. Dr. Lyke 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 HELLAND'S SIXTH ADDITION Director Priebe explained that there had been no changes from the preliminary plat that had been approved. 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. 5 Planning Commission Minutes 10/16/84 (c) CONSIDERATION OF FINAL PLAT OF LAKEWOOD TERRACE FOURTH ADDITION Director Priebe explained that there had been no changes from the preliminary plat that had been approved. Mr. Torgerson made a motion to recommend to City Council approval of the final plat as submitted. Seconded by Dr. Lyke, the motion carried unanimously. (d) CONSIDERATION OF FINAL PLAT OF BETHKE'S ROLLING GREENS THIRD TOWNHOUSE ADDITION Director Priebe explained that there had been no changes from the preliminary plat that had been approved. Mr. Torgerson made a motion to recommend to City Council approval of the final plat as submitted. Seconded by Mrs. Young, the motion carried unanimously. 5. NEW BUSINESS (a) CONSIDERATION OF ANNEXATION AS PETITIONED BY DENNIS ALBERTSON Director Priebe explained the request. He noted that it would come into the City as R-2 and that the owner intended to rezone to commercial, on which there would be a hearing. Mr. Torgerson made a motion to recommend to City Council proceeding with the annexation as proposed. Seconded by Mrs. Young, the motion carried unanimously. (b) CONSIDERATION OF POSSIBLE CHANGE IN ZONING ORDINANCE REGARDING MANUFACTURED HOMES Director Priebe explained that the State has determined that a City can no longer exclude "manufactured homes" if they meet H.U.D. requirements from particular zones. The alternative is to make changes in the zoning that would apply to both stick built and manufactured homes, that manufactured homes would not be able to comply with. Examples from various cities were given and discussed. Director Priebe further explained that we must also change any part of the ordinance that discriminates against manufactured homes. After discussion, Mr. Torgerson made a motion to use a minimum width requirement of 241. Seconded by Dr. Lyke, the motion carried unanimously. Director Priebe further explained that a hearing would have to be held on any such changes. It was the consensus of the Planning Commission that appropriate changes be made and a hearing be held at the regular meeting of the Planning Commission on November 209 1984. (c) CONSIDERATION OF ADDING REQUIREMENTS FOR ACCESSORY BUILDINGS IN R-1 AND R-2 ZONES Director Priebe explained that in our previous ordinance there had been specific requirements for accessory buildings. He suggested that this be added to the present ordinance for R-1 and R-2 zones, changing Ci Planning Commission Minutes 10/16/84 setback as per our present ordinance. After discussion, Mr. Ebent made a motion to have the necessary changes made and to set a public hearing on the amendment for the regular meeting of the Planning Commission on November 20, 1984. Seconded by Mr. Torgerson, the motion carried unanimously. 6. ADJOURNMENT There being no further business, Mrs. Young made a motion to adjourn the meeting. Seconded by Mr. Ebent, the motion carried unanimously and the meeting was adjourned at 10:30 p.m. 7