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09-17-1991 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, September 17, 1991 1. CALL TO ORDER The meeting was called to order by Chairman Bill Craig at 7:30 p.m. with the following members present: E1Roy Dobratz, Tom Lyke, Clint Gruett, Roland Ebent and Chairman Bill Craig. Absents Dean Wood and Craig Lenz Also Present.. Gary Plotz, City Administrator, John Rodeberg, Director of Engineering and G. Barry Anderson, City Attorney. 2. MINUTES Mr. Gruett made a motion to approve the minutes of the regular meeting dated Tuesday, August 20, 1991. Seconded by Mr. Dobratz the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONTINUATION OF CONSIDERATION OF VARIANCE REQUESTED BY ROBERT HORNICK AT QUIK-MART Chairman Craig reopened the hearing at 7:32 p.m. with the reading of publication #4284 as published in the Hutchinson Leader on Thursday, August 8, 1991. The request is for the purpose of considering a variance to reduce front green space from 15' to 0' located at Hwy 15 and Hwy 7, Quik -Mart. City Administrator Gary Plotz explained the request and staff recommendations. Mr. Jim White, J.R.P. Architects, representing Mr. Hornick commented on the proposed development of Hwy 7 and 15. He stated they would like to compromise on curbing using wheel stops in lieu of permanent curbs. Mr. White commented on accesses and the need for different accesses if the property to the West is developed. He presented a new site plan addressing the staff concerns. Discussion followed on the drainage and water and sewer line capacity. City Engineer John Rodeberg stated staff is comfortable with the green space variance and explained the site plan is to be complete and acceptable before a building permit is issued. 1 HUTCHINSON PLANNING COMMISSION MINUTES September.17, 1991 NOTE: The variance is for the gas station only. A carwash will need to come back for other considerations of possible variances or permits. Mr. Ebent made a motion to close the hearing, seconded by Mr. Lyke the hearing closed at 7:49. Mr. Ebent made a motion to approve the variance as provided by the latest site plan and to provide permanent curb not wheel stops. Seconded by Mr. Gruett the motion carried unanimously. (b) CONSIDERATION OF REZONING PROPERTY FROM R-2 TO R-1 IN SCHMIDTBAUERS 4TH ADDITION REQUESTED BY RICHARD SCHMIDTBAUER Chairman Craig opened the hearing at 7:50 p.m. with the reading of publication #4291 as published in the Hutchinson Leader on Thursday, September 5, 1991. The request is for the purpose of considering rezoning of property from R-2 (Multiple Family residence) to R-1 (Single Family residence). Gary Plotz, City Administrator commented on the difference between R-2 and R-1 zoning and more restrictive larger lot requirement. Mr. Richard Schmidtbauer, owner, stated there is a market for single family zoning. Mr. Lyke moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 7:52 P.M. Mr. Lyke moved to recommend approval to City Council. Seconded by Mr. Dobratz the motion carried unanimously. (c) CONSIDERATION OF VARIANCE FOR SIGN REQUESTED BY PHILLIP BURKS LOCATED AT 4 -11TH AVE NE Chairman Craig opened the hearing at with the reading of publication #4292 as published in the Hutchinson Leader on Thursday, September 5, 1991. The request is for the purpose of considering a variance to construct a 4'x4' daycare sign at 4 -11th Ave NE. City Administrator Plotz commented on the staff recommendations and home occupation signs in residential zones. He stated staff is concerned with establishing a precedence for many more home occupation signs. City Engineer Rodeberg suggested there are other options to advertise. 2 HUTCHINSON PLANNING COMMISSION MINUTES September 17, 1991 Mr. Burks, property owner, explained that advertising costs are expensive and the sign is more cost effective. Discussion followed on word of mouth being a way of advertising a daycare. Mr. Ebent moved to close the hearing, seconded by Mr. Gruett the hearing closed at 8:00 p.m. Mr. Ebent moved to recommend denial to City Council. Seconded by Mr. Gruett the motion carried unanimously. (d) CONSIDERATION 'OF VACATION OF ALLEY LOCATED BETWEEN MILWAUKEE AND DIVISION STREET REQUESTED BY WARREN DEMUTH Chairman Craig opened the hearing at 8:01 p.m. with the reading of publication #4294 as published in the Hutchinson Leader on Thursday, September 5, 1991 and Tuesday, September 10, 1991. The request is for the purpose of considering a petition to vacate alley between Milwaukee and Division Street. City Administrator Plotz explained the alley is extra wide at 33'. Normally alleys are 16' wide. City Engineer Rodeberg explained the city has no need for a 33' alley. He stated there is some confusion as to the possibility of that alley being vacated in the past but no record has been found and suggests all but 18' be vacated. There was discussion of the use of this alley. Mr. DeMuth, petitioner, explained the petition and his observation of other garages on the alley. Mr. Rodeberg explained that 18' will address utilities access concerns. Mr. Dobratz moved to close the hearing, seconded by Mr. Ebent and hearing closed at 8:09 p.m. Mr. Gruett made a motion to recommend approval of vacating all but 18' of the alley. Seconded by Mr. Ebent the motion carried unanimously. (e) CONSIDERATION OF VARIANCE FOR GARAGE CONSTRUCTION REQUESTED BY WARREN DEMUTH LOCATED AT 550 BROWN ST Chairman Craig opened the hearing at 8:10 p.m. with the reading of publication #4293 as published in the Hutchinson Leader on Thursday, September 5, 1991. The request is for the purpose of considering a variance to reduce side yard setback for garage construction from 6' 3 HUTCHINSON PLANNING COMMISSION MINUTES September 17, 1991 to 2.7'. Mr. Plotz commented on side yard setback requirements and made reference to the untitled 4' between Lots 1 and 2. He explained that staff looks at setbacks of what the property owner actually owns. Mr. Plotz stated that ease of access in not a hardship under State Statute and the ability to move the garage 6 feet is there. He explained that amending the ordinance is being discussed and on the agenda for this meeting, however, staff must go by the ordinance in place at this time. Mr. Warren DeMuth explained his request and presented photos of the present garage condition and difficulty in accessing the garage. Discussion followed on the accessibility to garages. Neighboring property owners voiced concern over the condition of the present garage. Mr. Ebent made a motion to continue the hearing to next month and directed staff to prepare a proposed amendment to the ordinance regarding garages. Seconded by Mr. Dobratz the motion carried unanimously. (f) CONSIDERATION OF VARIANCE FOR SIGN REQUESTED BY DR. MICHAEL MERCK LOCATED AT REGIONAL EYE SPECIALISTS, 221 FREEMONT AVE EAST Chairman Craig opened the hearing at 8:30 p.m. with the reading of publication #4295 as published in the Hutchinson Leader on Thursday, September 5, 1991. The request is for the purpose of considering a variance to reduce setbacks for sign placement at 2 locations, one from 5' to 3.8' and one will encroach into street right- of-way; also, to increase square footage of sings as they are larger than the allowable square footage. City Administrator Plotz commented on the request and read the owners proposed hardship. He commented on the city staff recommendations being concerned with emergencies and different than the hospital. Dr. Merck, owner, commented that patients do drive with bad eyes and explained the reason for the signs. Mr. Wallyn, owner, explained they see emergency cases on a daily basis. Discussion followed on the signs as being directional. 4 HUTCHINSON PLANNING COMMISSION MINUTES September 17, 1991 There was lengthy discussion on signs in the boulevard and Mr. Plotz read the ordinance regarding directional signage. It was suggested the doctors rezone the property to C-4 to allow for the size of the signs. City Attorney Barry Anderson commented on acting on a variance for placement of the signs and rezone to address size of signs. Mr. Ebent moved to continue coincide with the rezoning, motion carried unanimously. the hearing to next month to seconded by Mr. Gruett the (g) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JUNE REDMAN, REDMAN REAL ESTATE FOR CLUSTER HOUSING LOCATED ON 6TH AVE NE Chairman Craig opened the hearing at 9:04 p.m. with the reading of publication #4296 as published in the Hutchinson Leader on Thursday, September 5, 1991. The request is for the purpose of considering a conditional use permit to allow for the construction of cluster housing located on 6th Ave NE. City Administrator Plotz explained the proposal of multiple housing and what is permitted in R-2 zoning. Ms. Redman explained the history of the property for a lot split, which has already been done. She also explained the cost to replat and resurvey as she understands it. Rod Saar, 595 Peterson Circle, voiced concern with drainage of the property and elevation of the yard. Duwayne Briese, 585 Peterson Circle, explained where his property is and the proposed building placement. Mr. Saar questioned the ordinance permitting such a development. Discussion followed on the unusual size of the lot. Shawn Smithers,262 6th Ave NE, commented on the parking of vehicles and congestion on the street already. Mr. Saar stated he does not want that type of housing in that area. Sharon Neumann, 590 Peterson Cr, suggested a park be placed in the area. 5 HUTCHINSON PLANNING COMMISSION MINUTES September 17, 1991 Discussion followed on the rights of the property owner to develop his property. Mr. Plotz explained the replatting procedure and cost involved. City Engineer John Rodeberg stated a developer must meet city requirements as not to affect the neighboring property owner. Chairman Craig explained the development needs to meet code requirements to build anything. Mr. Plotz explained the concept of cluster housing of private ownership on one lot. Mr. Saar stated the issue is the value of his property and again questioned 'drainage. City Engineer Rodeberg explained the requirements for drainage. Mr. Smithers is concerned with the excessive access to the property and drainage. The neighboring property owners object to cluster housing and asked to change ordinance. City Attorney Anderson commented that this request must be dealt with according to the present ordinance in place. There was discussion on discrimination of property development, prohibition and appropriateness in areas and question of a price tag in this issue. Mr. Lyke commented that the planning commission does have a right, according to ordinance to request a site plan. There was discussion on the requirement of the site plan. Mr. Gruett made a motion to table the hearing and that the developer present a site plan addressing drainage, elevation, parking and covenants. Seconded by Mr. Lyke the motion carried 4 ayes, Chairman Craig voting nay. (h) CONSIDERATION OF VACATION OF EASEMENT REQUESTED BY STEVE WADSWORTH LOCATED ON LEWIS AVE. Chairman Craig opened the hearing at 10:15 p.m. with the reading of publication #4297 as published in the Hutchinson Leader on Thursday, September 5, 1991 and Tuesday, September 10, 1991. The request is for the purpose of, considering a petition to vacate a 195' utility easement located at 1209 Lewis for the purpose of house construction. HUTCHINSON PLANNING COMMISSION MINUTES September 17, 1991 City Administrator Plotz commented on the proposal, explaining Utilities has no objection to the request. Mr. Ebent moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 10:20 p.m. Mr. Ebent moved to recommend approval to City Council. Seconded by Mr. Lyke the motion carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION OF SKETCH AND PRELIMINARY PLAT REQUESTED BY FRED SCHMOLL (2 MILE RADIUS) LYNN TOWNSHIP City Administrator Plotz commented on staff recommendations to approve the plat with no objections. He stated the county will look at soils and drainage. Mr. Schmoll explained the location. Mr. Ebent made a motion to recommend no objection to the plat, seconded by Mr. Gruett the motion carried unanimously. (b) DISCUSSION OF ZONING ORDINANCE AMENDMENT OF REVISED LANGUAGE REGARDING GARAGE REPLACEMENT It was the consensus of the Planning Commission to change the wording of the ordinance. Discussion followed on the words for existing or all garages. City Attorney Anderson commented the City Council needs to know what the Planning Commission wants and needs. After discussion the Planning Commission agreed possibly using existing garages. 5. OLD BUSINESS (a) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT ON MUNSELL PROPERTY - DANCE STUDIO City Attorney Barry Anderson commented on the property owners agreements and explained Mr. Munsell will have to either move the building or buy the property. City Engineer Rodeberg commented on his discussions with Mr. Munsell as to access of property. 1* 7 HUTCHINSON PLANNING COMMISSION MINUTES Septeh ber 17, 1991 (b) UPDATE OF ZONING ORDINANCE City Administrator Plotz stated the zoning ordinance was to be back by the 15th of September. (c) COMMUNICATION FROM STAFF City Administrator Plotz commented on a request for rezoning by the county within the 2 mile radius from agricultural to industrial. Mr. Rodeberg stated the well head protection should be considered by the county. The consensus of the Planning Commission is to recommend the county consider well head protection and requests commercial zoning and industrial zoning be on a conditional use basis. 6. ADJOURNMENT There being no further business the meeting was adjourned at 11:00 P.M.