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07-19-1983 PCM cMINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, JULY 19, 1983 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: Ted Beatty, Elsa Young, Don Erickson, Shu -Mei Hwang, Tom Lyke (8:10 P.M.), and Chairman Romo. Members Absent: Roland Ebent. Also present: City Engineer Marlow V. Priebe, Fire Marshal George Field and City Attorney James Schaefer (8:25 P.M.). 2. MINUTES The minutes of the regular meeting dated Tuesday, June 219 1983, were approved as presented on a motion by Mr. Erickson. Seconded by Mr. Beatty, the motion carried unanimously. 3. PUBLIC HEARINGS z (a) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY EUGENE HAVELKA Chairman Romo opened the hearing at 7:31 P.M. with the reading of publication No. 3093 as published in the Hutchinson Leader on Thursday, July 7, 1983. The request is for a variance to allow the construction of a 241 by 241 garage 3' from the sideyard property line on the property located at 550 Franklin Street South. The garage will replace present garage which now stands 1.5' from the property line. City Engineer Priebe explained that the staff recommended approval of the request based on the fact that the owner is making the situation better with the 3' reduction rather than the 4.5'- reduction that now exists. He also stated that he thought the garage doors will face the west. At the present time the garage doors face the .south. Discussion revealed that if the 6' setback were met, the garage would be in line with the house. There was no one present to state any hardship caused by meeting the 61 setback. Mr. Erickson made a motion to close the hearing at 7:37 P.M. Seconded by Mr. Ebent, the motion carried unanimously. Mrs. Young made a motion to recommend to City Council that the request for the variance be denied, as there was no hardship to the applicant shown. Seconded by Mr. Beatty, the motion carried unanimously. The secretary was instructed to contact the applicant with the decision and inform him that if he has any further information that would reveal a hardship, he should appear before Council at the next meeting. Planning Commission Minutes - July 19, 1983 Page 2 (b) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT SUBMITTED BY MERLIN EGGERSGLUESS Chairman Romo opened the hearing at 7:40 P.M. with the reading of publication #3094 as published in the Hutchinson Leader on July 7, 1983. The request is for a conditional use permit to allow the moving in of a 14• by 24, garage which will be placed to the right of existing garage on the property located at Route 3, 945 Luedtke Lane. Mr. Eggerslguess was present to explain the request. The moved in structure has been painted and situated so that it conforms with the rest of the buildings on the property. City Engineer felt that if the building were to be used for storage only, it should be moved to the rear of the property. Mr. Eggersgluess responded that he intended to use it also as a single car garage. After discussion, Mr. Beatty made a motion to close the hearing at 7:44 P.M. Seconded by Mrs. Young, the motion carried unanimously. Mr. Beatty made a motion to recommend to City Council approval of the conditional use permit as requested. Seconded by Mrs. Young, the motion carried unanimously. (e) CONSIDERATION OF A REQUEST FOR A CONDITIONAL USE PERMIT AS SUBMITTED BY PURE CULTURE PRODUCTS Chairman Romo opened the hearing at 7:45 P.M. with the reading of publication #3095 as published in the Hutchinson Leader on Thursday, July 7, 1983• The request is for a conditional use permit to allow the installation of a product storage tank on the property located at 35 Adams St. The request is necessary because the property is located in an IC -1 zone. City Engineer Priebe explained the request. Fire Marshal Field explained that he felt Pure Culture Products should submit the findings of the PCA stating that the emissions from Pure Culture Products are not harmful to the public. Fire Marshal Field is the one who takes the complaints from the public about the foul odor and feels he needs this statement to respond to them. Mr. Rainwater, manager of Pure Culture Products, has promised to submit such a statement, but as yet has not done so. After disuession, Mr. Erickson made a motion to close the hearing at 7:49 P.M. Seconded by Mr. Beatty, the motion carried unanimously. Planning Commission Minutes - July 19, 1983 Page 3 Mr. Erickson made a motion to recommend to City Council approval of the conditional use permit as requested, contingent upon DNR approval and receipt of a statement from the PCA stating there is no harmful effect caused by the emissions from Pure Culture Products. Seconded by Mr. Beatty, the motion carried unanimously. (d) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY GEORGE THELEN dba GEORGE'S FOOD AND FUEL Chairman Homo opened the hearing at 7:50 P.M. with the reading of publication #3097 as published in the Hutchinson Leader on Thursday, July 79 1983. The request is for a variance to allow the elimination of the landscape area in front of the business and to convert it to blacktop parking spaces on the property located at 600 Adams St. S. City Engineer was present to explain staff's recommendation to require adherance to the ordinance requiring landscape area in the front of the business. Following discussion, Mrs. Young made a motion to close the hearing at 7:55 P.M. Seconded by Mr. Erickson, the motion carried unanimously. Mr. Beatty made a motion to recommend to the City Council that the request for the variance be denied. Seconded by Mr. Erickson, the motion carried unanimously. (e) CONSIDERATION OF REQUEST FOR PRELIMINARY AND FINAL PLAT AS SUBMITTED BY ANTHONY MACHTEMES Chairman Homo opened the hearing at 7:56 P.M. with the reading of publication #3096 as published in the Hutchinson Leader on Thursday, July 7, 1983• The request is for the purpose of platting a parcel of property to be known as Mac's Bluff Addition. City Engineer Priebe was present to answer any questions about the plat, as was Mr. Machtemes, applicant. Mr. Gerald DeLeeuw of 815 Spruce Street was present to ask questions about the proposed plat. His questions were regarding property abutting plat, and how drainage water would be handled. Mr. Priebe explained that with storm sewer lines that would developed along with plat and with the County tile, drainage should be adequately handled. Mr. Beatty mentioned he had been questioned about what would happen to trees in the area. Mr. Priebe explained that those trees needed to be removed for building on the property would probably be removed, but those near the property line would probably be left. Planning Commission Minutes - July 19, 1983 Page 4 Mr. Erickson made a motion to close the hearing at 8:09 P.M. Seconded by Mr. Beatty, the motion carried unanimously. Mr. Beatty made a motion to recommend to the City Council approval of the preliminary and final plat as proposed. Seconded by Mr. Erickson, the motion carried unanimously. This approval is subject to the approval of annexation due to be heard August 4, 1983 at 10:00 a.m. (f) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY CHARLES AND JACQUELINE MILLER Chairman Romo opened the hearing at 8:10 P.M. with the reading of publication #3098 as published in the Hutchinson Leader on Thursday, July 1(.- 1983. The request is for a variance to allow the reduction of the sideyard setback from 61 to 41 for the purpose of installing a below grade swimming pool on the property located at 486 Shady Ridge Road. The location of the pool is necessary because of underground utility lines already in place. Mr. Tom Barrick was present to represent the applicant. He explained that in order to meet the sideyard setback requirements, utility lines for some distance would have to be moved. City Engineer pointed out that the staff recommendation was based on the fact that the structure was below grade. After discussion, Mr. Beatty made a motion to close the public hearing at 8:15 P.M. Seconded by Mrs. Young, the motion carried unanimously. Mrs. Young made a motion to recommend to City Council approval of the variance as requested. Seconded by Mr. Beatty, the motion carried unanimously. 4. Old Business None. 5. New Business (a) REVIEW OF COMPLAINT ABOUT DOG KENNEL AT 574 MADSEN Mr. and Mrs. Dale Miller of 583 Milwaukee Ave. were present to explain their complaint about a dog kennel located at 574 Madsen Ave. Mr. and Mrs. Miller claim that there are as many as 11 dogs in the kennel at one time. It appears the owner is raising the dogs and selling the pups. There have been two large litters since November of last year. The dogs make a lot of noise and there is an offensive odor coming from the kennels. Planning Commission Minutes - July 19, 1983 Page 5 City Engineer Priebe explained that staff has been unable to find in the zoning ordinance any regulations relating to the complaint. After discussion, Mr. Erickson made a motion to recommend to the City Council that they review the complaint and investigate what can be done about it. Seconded by Mr. Beatty the motion carried unanimously. (b) REVIEW OF REQUEST TO RESPOND TO POSSIBLE REZONING City Engineer Priebe explained that he had received a request about possibly rezoning a lot to R-4 to allow the moving in of a mobile home. It was his opinion that this would be " spot zoning " and should be avoided. It was the concensus of the Planning Commission that to zone an area to suit one individual lot would be spot zoning, as it would not be adjacent to the same type of zoning: It is their recommendation to not pursue the request for rezoning. (c) SLIDE PRESENTATION A slide presentation about subdivisions and platting was viewed. 6. ADJOURNMENT There being no further business, Mr. Beatty made a motion to adjourn the meeting at 8:45 P.M. Seconded by Mrs. Young, the motion carried unanimously and the meeting was adjourned.