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10-18-1983 PCM cMINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, OCTOBER 189 1983 1. CALL TO ORDER The regular meeting of the Hutchinson Planning Commission was called to order by Vice -Chairman Roland Ebent at 7:30 P.M., with the following members present: Don Erickson, Shu -Mei Hwang, Thomas Lyke, Elsa Young (7:45 p.m.), and Chairman Ebent. Members absent: Ted Beatty and Larry Romo. Also present: City Engineer Marlow V. Priebe, City Administrator Gary D. Plotz, Fire Marshal George Field and City Attorney James H. Schaefer. 2. MINUTES The minutes of the regular meeting dated September 201, 1983, were approved as presented upon motion by Mr. Erickson. Seconded by Dr. Lyke, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF REQUEST FOR AMENDMENT TO THE ZONING ORDINANCE AS SUBMITTED BY GORDON HEDLUND Vice Chairman Ebent opened the hearing at 7:31 P.M., with the reading of Publication #3156 as published in the Hutchinson Leader on Thursday, October 69 1983. The request is to rezone the property located at California Street from R-3, Mulitple Family Residence Zone, to R-5, Mobile Home Park Zone. City Engineer Priebe was present to explain that the request will allow the property owner to expand the Mobile Home Park already there. It was noted that the 271 strip will allow for larger mobile homes in the existing park. Mr. Hedlund will present a new proposed layout for this area if the rezoning is permitted. Dr. Lyke made a motion to close the hearing at 7:33 P.M. Seconded by Mr. Erickson, the motion carried unanimously. Dr. Lyke made a motion to recommend to City Council approval of the request for rezoning the property listed from R-3 to R-5. Seconded by Mr. Hwang, the motion carried unanimously. (b) CONSIDERATION OF REQUEST FOR A CONDITIONAL USE PERMIT AS SUBMITTED BY SLYTER BUILDERS FOR KENNETH BAUMANN Vice Chairman Ebent opened the hearing at 7:34 P.M. with the reading of Publication #3157 as published in the Hutchinson Leader on Thursday, October 6, 1983• The request is for a conditional use permit to allow the construction of an 181 by 241 addition to an existing, non -conforming garage on Planning Commission - Minutes October 18, 1983 Page 2 the property located at 115 5th Ave. N. W. City Engineer Priebe noted that the existing garage conformed to the former ordinance requirements for a 3' setback. Mr. Slyter and Mr. and Mrs. Baumann were present to explain the request. Mrs. Baumann stated that they felt the addition would accomodate their storage and garage needs in a way that would be the most conducive to the neighborhood. It was pointed out that putting the addition in a different place would require the removal of a nice maple tree and it would make access into the garage difficult. Fire Marshal Field asked if the addition would make the structure larger than the ordinance allows. After discussion, staff was directed to locate this stipulation in the ordinance and the hearing remained open. After reviewal, City Engineer stated that there was a requirement of this type in the former ordinance. When the ordinance was reviewed and updated in 1974, it appears this requirement was dropped. When comparing structure size to total square feet in the lot, the structure meets the requirements of the ordinance. After discussion, Mrs. Young made a motion to close the hearing at 8:08 P.M. Seconded by Mr. Erickson, the motion carried unanimously. Mr. Erickson made a motion to recommend to City Council approval of the conditional use permit as requested. Seconded by Mrs. Young, the motion carried unanimously. (c) CONSIDERATION OF A REQUEST FOR A VARIANCE AS SUBMITTED BY SLYTER BUILDERS FOR KENNETH BAUMANN Vice -Chairman Ebent opened the hearing at 8:10 P.M. with the reading of Publication #3160 as published in the Hutchinson Leader on Thursday, October 6, 1983. The request is for a variance to reduce the sideyard setback from 6' to 3' to allow the construction of an 18' by 24' addition to an existing, non -conforming gargage, on the property located at 115 5th Avenue N.W. This request was considered during the discussion for the conditional use permit for the same structure. Mr. Erickson made a motion to close the hearing at 8:11 P.M. Seconded by Mrs. Young, the motion carried unanimously. Mr. Erickson made a motion to recommend to City Council approval of the variance as requested. Seconded by Mrs. Young, the motion carried unanimously. (d) CONSIDERATION OF FINAL PLAT FOR ROLLING GREENS SECOND TOWNHOUSE ADDITION AS SUBMITTED BY BETHKE CONSTRUCTION, INC. Planning Commission - Minutes October 18, 1983 Page 4 to the request submitted and approved in October of 1982. There was a problem with obtaining the Certificate of Title, so the_Dermit was not recorded and the structure was not started within the six month time frame, so a new request was required. He stated that the school will comply with any and all contingencies to the permit as stated previously. After discussion, Dr. Lyke made a motion to close the hearing. Seconded by Mr. Erickson, the motion carried unanimously. Mrs. Young made a motion to recommend to City Council approval of the conditional use permit, subject to the same contingencies as stated before. Seconded by Mr. Erickson, the motion carried unanimously. (g) CONSIDERATION OF REQUEST TO AMEND ZONING ORDINANCE - SECTION 41 AS SUBMITTED BY STAFF Vice -Chairman Ebent opened the hearing at 8:12 P.M. with the reading of publication #3161 as published in the Hutchinson Leader on Thursday, October 6, 1983. The request is to amend the ordinance by adding the following definition to Zoning Ordinance #464, Section 4: Definitions: KENNEL ANY PREMISES USED BY A PERSON, FIRM, PARTNERSHIP, OR CORPORTATION ENGAGED IN THE BUSINESS OF BREEDING, BUYING, SELLING OR BOARDING DOGS. City Administrator Plotz explained that the wording had been changed as discussed at the September 20 meeting. The change was prompted by a complaint about a dog kennel in a residential zone. City Attorney Schaefer commented that the City Council may go on to establish further requirements in a separate dog ordinance, but Zoning Ordinance amendments must go through the Planning Commission. After discussion, Mr. Hwang made a motion to close the hearing. Seconded by Dr. Lyke, the motion carried unanimously. Dr. Lyke make a motion to recommend to City Council adoption of the new definition of "kennel", and that the definition be added to the zoning ordinance. Seconded by Mr. Hwang, the motion carried unanimously. There was a question from the audience about if this referred to veterinarians. City Attorney Schaefer responded that holding a dog after treatment would not be considered "boarding". 4. Old Business (a) CONSIDERATION OF FINAL PLAT FOR "SOUTH GRADE ROAD SUBDIVISION" SUBMITTED BY ED HOMAN, COUNTY ZONING ADMINISTRATOR Planning Commission - Minutes October 18, 1983 Page 5 City Engineer Priebe commented that this final plat was the same as the sketch plan and preliminary plat considered and recommended for approval at the previous meetings. It was referred to the Planning Commission as it is outside City limits but within the two-mile radius. Mr. Priebe commented also that it conforms with the City's Comprehensive Plan. It was rezoned to Rural Residential. After discussion, Dr. Lyke made a motion to recommend to City Council approval of the final plat as submitted. Seconded by Mr. Erickson, the motion carried unanimously. 5. NEW BUSINESS City Engineer Priebe commented about Land Use Planning workshops _ offered by the State in early December. He noted that they are often worthwhile for planning commission members. He plans to attend. City Administrator Plotz noted that funds are budgeted for that purpose. Anyone interested in attending should contact Mr. Plotz. 6. ADJOURNMENT There being no further business, the meeting was adjourned at 8:20 P.M. upon motion by Mr. Erickson. Seconded by Dr. Lyke, the motion carried unanimously.