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08-20-1991 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 20, 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, Dean Wood, Clint Gruett, Craig Lenz and Chairman Bill Craig. Absent: Roland Ebent Also Present: Gary Plotz, City Administrator and John Rodeberg, Director of Engineering. 2. MINUTES Mr. Gruett made a motion to approve the minutes of the regular meeting dated Tuesday, July 16, 1991, and the minutes of the special meeting Tuesday, July 23, 1991. Seconded by Mr. Dobratz the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY UNITED BUILDING CENTER FOR BUILDING CONSTRUCTION AT 135 MONROE Chairman Craig opened the hearing at 7:32 p.m. with the reading of publication #4277 as published in the Hutchinson Leader on Thursday, August 8, 1991. The request is for the purpose of considering a conditional use permit to allow the owner to construct a 48' x 96' storage building located at United Building Center. A representative from United Building Center explained the proposal on Erie St. City Administrator Gary Plotz explained staff recommendations regarding storing supplies and sheds now placed outside. There was discussion on the parking requirement of 4 hardsurfaced spaces. Discussion also followed on access to the lot with the possibility of leaving a forklift on the property. City Engineer John Rodeberg explained the standard procedure for parking requirements per use. He stated off-street parking is an issue if the traffic is increased. Mr. Lyke made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 7:44. Mr. Lyke made a motion to approve the Conditional Use Permit noting the requirement for 4 additional parking spaces. Seconded by Mr. Gruett the motion carried unanimously. 1 HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 20, 1991 (b) CONSIDERATION OF PRELIMINARY PLAT OF "CASEY'S COURT" LOCATED ON ROBERTS RD SUBMITTED BY PAUL BETKER Chairman Craig opened the hearing at 7:45 p.m. with the reading of publication #4278 as published in the Hutchinson Leader on Thursday, August 8, 1991. The request is for the purpose of considering a Preliminary Plat submitted by Paul Betker for "Casey's Court" located on Robert's Rd. Gary Plotz, City Administrator, commented on staff concerns with the storm sewer cleaning from Roberts Rd. He commented on the parkland contribution to be paid and the naming of the street in the development. City Engineer Rodeberg stated the utility easements should be 10' between Lots 6 and 7 and 11 and 12. There was discussion on the width of the street. Mr. Rodeberg stated there will be no problem with emergency service in the proposed cul-de-sac. Discussion followed on the street naming process and the city requesting no proper names. Mr. Plotz explained the previous agreement on the payment of the deferred assessments. Discussion followed on the contribution to parkland which will be addressed in the subdivision agreement. Mr. Lenz moved to close the hearing, seconded by Mr. Wood the hearing closed at 7:50 p.m. Mr. Lenz moved to recommend that the preliminary plat be approved as submitted noting staff recommendation of 10' utility easements between Lots 6 & 7 and Lots 11 & 12. Seconded by Mr. Lyke the motion carried unanimously. (c) CONTINUATION OF CONSIDERATION OF VACATION OF PART OF WAGNER ST. IN WAGNER DEVELOPMENT CORP. SUBMITTED BY MARLOW PRIEBE Chairman Craig reopened the hearing at with the reading of publication #4264 as published in the Hutchinson Leader on Thursday, July 4, 1991, and Tuesday, July 9, 1991. The request is for the purpose of considering a petition to vacate 107.29' of Wagner Street from the North line of Goebel Street to the North line of Wagner Development Corporation Plat. City Administrator Plotz commented on the staff recommendations with contingencies of all issues being 2 HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 20, 1991 resolved in Casey's Court at the time of the final plat and subdivision agreement. He explained the positioning of Wagner Street. Mr. Wood moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 8:55 p.m. Mr. Lyke moved to recommend approval to City Council contingent on the final plat and subdivision agreement of Casey's Court being completed. Seconded by Mr. Lenz the motion carried unanimously. (d) CONSIDERATION OF VACATION OF UTILITY AND DRAINAGE EASEMENT IN WAGNER DEVELOPMENT CORP. PLAT Chairman Craig opened the hearing at 7:56 p.m. with the reading of publication #4280 as published in the Hutchinson Leader on Thursday, August 8, 1991 and Tuesday, August 13, 1991. The request is for the purpose of considering a petition to vacate utility and drainage easements on Lot 2 Block 3 and Lot 1 Block 4, Wagner Development Corporation Plat. City Engineer Rodeberg explained the purpose of the vacation of easements. Mr. Lenz moved to close the hearing, seconded by Mr. Dobratz and hearing closed at 8:00 p.m. Mr. Lenz made a motion to recommend approval noting staff recommendation. Seconded by Mr. Lyke the motion carried unanimously. (e) CONSIDERATION OF PRELIMINARY PLAT OF "PRIEBE ADDITION" SUBMITTED BY MARLOW PRIEBE Chairman Craig opened the hearing at 8:01 p.m. with the reading of publication #4279 as published in the Hutchinson Leader on Thursday, August 8, 1991. The request is for the purpose of considering a preliminary plat submitted by Marlow Priebe of "Priebe Addition". There was discussion on the assessments for the property. Mr. Rodeberg explained the water/sewer hookup charge being the responsibility of the developer as well as moving the water main and street replacement costs. Discussion followed on the width of the lots which meet ordinance and are consistent with the lots in the area. City Engineer Rodeberg stated there should be a 10' 3 HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 20, 1991 utility easement between lots 2 and 3. Mr. Gruett made a motion to close the hearing, seconded by Mr. Lenz the hearing closed at 8:06. Mr. Lenz made a motion to approve the preliminary plat noting the 10' easement between lots 2 and 3. Seconded by Mr. Gruett the motion carried unanimously. (f) CONSIDERATION OF VARIANCE REQUESTED BY MARK PLOWMAN FOR GARAGE CONSTRUCTION AT 126 LYNN RD Chairman Craig opened the hearing at 8:09 p.m. with the reading of publication #4281 as published in the Hutchinson Leader on Thursday, August 8, 1991. The request is for the purpose of considering a variance to reduce back and side yard setbacks to 3' and to cement the existing driveway within 2.6' of North property line located at 126 Lynn Rd. Mr. Plotz explained the requirement of hardship and the staff recommendation that because of the substandard lot width the driveway could be cemented to the property line assuming there are no easements. He stated staff feels the garage is not a hardship under State.Statutes. Mr. Rodeberg stated there are no easements in the driveway area to his knowledge. Discussion followed on the large spruce tree and the granting of the driveway variance but not the garage variance. Mr. Lenz stated he feels there are inconsistencies in approving the driveway variance and not the garage variance. He commented on the small lot with not much green space. Mr. Plowman commented on the width of the garage and door placement and that the variance is necessary for ease of using the garage. He mentioned a letter he has from the neighbors to the north of him having no objections. Discussion followed on the norm for this day and age being 2 car garages and the interpretation of the ordinance. Mr. Gruett moved to close the hearing, seconded by Mr. Wood the hearing closed at 8:22 p.m. Mr. Lenz moved to recommend that the driveway variance of 2.6' be approved and the sideyard setback for 3' along with the rear yard for 4' be approve. Being no second Mr. Lyke made a motion to approve the 2.6' driveway setback and deny the 4 HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 20, 1991 garage variance. Seconded by Mr. Dobratz the motion carried with voting as follows: Mr. Wood, Mr. Lyke, Mr. Craig and Mr. Dobratz voting aye. Mr. Lenz and Mr. Gruett voting nay. (g) CONSIDERATION OF VARIANCE REQUESTED BY HUTCHINSON HOSPITAL FOR SIGNAGE Chairman Craig opened the hearing at 8:30 p.m. with the reading of publication #4282 as published in the Hutchinson Leader on Thursday, August 8, 1991. The request is for the purpose of considering a variance to reduce sign setback at 8 locations from 5' to 0' and in some cases encroach into street right of way located at Hutchinson Community Hospital and Medical Center. Mr. Plotz explained the changes of signage due to the construction at the hospital. He commented on staff recommendations for the directional signs for emergency services. Mr. Gib Lehman explained the signage consideration came after the building and most signs are replacing previous signs. Mr. Dobratz moved to close the hearing, seconded by Mr. Lenz the hearing closed at 8:38 p.m. Mr. Gruett made a motion to approve the variance. Seconded by Mr. Dobratz the motion carried unanimously. (h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICHARD DESENS LOCATED NEAR NEW DIMENSION PLATING Chairman Craig opened the hearing at 8:39 p.m. with the reading of publication #4282 as published in the Hutchinson Leader on Thursday, August 8, 1991. The request is for the purpose of considering a conditional use permit to construct a 40' x 60' pole building with slab located at 406 1/2 3rd Ave NW. Mr. Desens explained the property is adjacent to New Dimension Plating and owned by he and his wife. Mr. Plotz explained the property is IC -1 zoned and there are no specific setbacks. He stated the Building Official Jim Marka reviewed the request and states the building setback is sufficient. Mr. Desens explained the property position and the Fi HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 20, 1991 removal of the old building presently used for equipment storage. The hardsurfacing is also being addressed. Mr. Wood moved to close the hearing, seconded by Mr. Lenz the hearing closed at 8:45 p.m. Mr. Lenz moved to recommend approval of the conditional use permit noting staff recommendations and the removal of the old building. Seconded by Mr. Lyke the motion carried unanimously. (i) CONSIDERATION OF VARIANCE REQUESTED BY ROBERT HORNICK LOCATED AT GAS AND GROCERY ON HWY 7 AND HWY 15 Chairman Craig opened the hearing at 8:46 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, Gas and Grocery. Mr. Plotz commented on the revised site plan and the ordinance requirements granting reduction for green space. Mr'. Rodeberg stated the State is presently looking at widening Hwy 15 in 1997. Mr. Plotz explained the Mayor is requesting research on the property to find what has been acted on and granted for the property. Mr. FH Schmeling suggested there should be a curb to alleviate parking on the green space or sidewalk. Mr. Lenz moved to recommend the Public Hearing be continued until September, seconded by Mr. Dobratz and motion carried unanimously. (j) CONSIDERATION OF VARIANCE REQUESTED BY STEVE WADSWORTH FOR CONSTRUCTION OF A HOUSE ON LEWIS AVE Chairman Craig opened the hearing at 9:00 p.m. with the reading of publication #4285 as published in the Hutchinson Leader on Thursday, August 8, 1991. The request is for the purpose of considering a variance to reduce back yard setback from 30' to 0' located at 1209 Lewis Ave. Mr. Plotz commented on the lot and the history of the 6 HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 20, 1991 area. He stated Lot 7 is not buildable and to be sold with Lot 20. Mr. Wadsworth explained the 30' easement to the river for Lots 21 and 22. He state the easement is private not a public access. Mr. Plotz presented the contract for deed on the property noting exhibit A which states the lots must be sold together. Mr. Lyke suggested the City Attorney provide clarification of the meaning of the word "structure" as it relates to this case. Mr. Wood moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 9:15 p.m. Mr. Lyke moved to recommend approval of the variance contingent upon the understanding that Lots 7 and 20 are inseparable and that the restrictions on the contract for deed• are strictly followed. Also, staff recommendations of the 30' easement for Lots 21 and 22 are to be shown on a final drawing. Seconded by Mr. Lenz the motion carried unanimously. 4. NEW BUSINESS (a) CONSIDERATION OF FINAL PLAT OF "LBK ACRE" SUBMITTED BY ARTHUR KROEGER (2MILE RADIUS) HUTCHINSON TWP City Administrator Plotz commented on staff recommendations to approve the plat. Mr. Lyke made a motion to recommend approval, seconded by Mr. Dobratz the motion carried unanimously. (b) CONSIDERATION OF PRELIMINARY PLAT OF "CRAIG'S HOLLOW" SUBMITTED BY CRAIG WHITE (2 MILE RADIUS) HASSAN VALLEY City Engineer Rodeberg commented on the setbacks being sufficient on the proposed preliminary plat. Mr. Wood made a motion to approve the plat, seconded by Mr. Lenz the motion carried unanimously. (c) DISCUSSION OF LOT SPLIT REQUESTED BY JUNE REDMAN, REDMAN REAL ESTATE Ms June Redman commented on the property and the possible 7 HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 20, 1991 proposal of building townhouses on the property which would need a Public Hearing for rezoning. There was discussion on cluster housing which would require a conditional use permit in R-1 or R-2. (d) RECEIPT OF PETITION FROM LAND OWNERS REGARDING HUTCH IRON AND METAL City Administrator Plotz explained that the petition was brought to City Council and at this time there has been no application made by Mr. Freeland on the expansion of Hutch Iron and Metal. Mr. John Thompson concerned neighboring property owner stated he, and other property owners, oppose a scrap metal business in the area. The Planning Commission recommends that Hutchinson Safety Council look at the present situation. Staff will inform the Safety Council of this. (e) DISCUSSION OF PORTABLE SIGNS Mr. Plotz commented on the enforcement of portable signs. Discussion followed on signage and the ordinance. Planning Commission instructed staff to also inform Dale's Auto Sales of his nonconforming sign. 5. OLD BUSINESS (a) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT ON MUNSELL PROPERTY - DANCE STUDIO Mr. Plotz read correspondence from Mr. Munsell on the hardsurfacing difficulty in the property ownership. Mr. Munsell stated he owns the property the building sits on and explained that some properties are in litigation as to ownership. Mr. Rodeberg stated the property is in estate and explained the street width and easement and access. Mr. Lenz moved to continue the review to the September meeting and requested City Attorney Anderson comment on the property, seconded by Mr. Dobratz the motion carried unanimously. 8 HUTCHINSON PLANNING COMMISSION MINUTES AUGUST 20, 1991 (b) CONSIDERATION OF ANNUAL REVIEW OF CONDITIONAL USE PERMIT FOR TEMPORARY BUILDINGS AT HUTCHINSON TECH COLLEGE Mr. Plotz presented a Phase II site plan and explained the progress of the proposals by Super Valu and More 4. 6. ADJOURNMENT There being no further business the meeting was adjourned at 10:15 P.M.