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07-16-1991 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 16, 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: Roland Ebent, ElRoy Dobratz, Tom Lyke, Dean Wood, Clint Gruett, Craig Lenz and Chairman Bill Craig. Absent: None Also Present: Gary Plotz, City Administrator, John Rodeberg, Director of Engineering and City Attorney Barry Anderson 2. MINUTES Mr. Ebent made a motion to approve the amended minutes of the regular meeting dated Tuesday, June 18, 1991. Seconded by Mr. Gruett the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF VACATION OF STREET REQUESTED BY MARLOW PRIEBE Chairman Craig opened the hearing at 7:32 p.m. 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 by the owner to vacate 107.29' of Wagner Street from the North line of Goebel Street to the North line of Wagner Development Corporation Plat. Marlow Priebe commented on the proposal and agreed with staff regarding the platting of the property to the North and asked to continue the hearing until the vacant property is platted. Mr. Wood moved to continue the hearing pending the submittal of a plat on the property to the North, seconded by Mr. Lenz the motion carried unanimously. Mr. Priebe also presented a sketch of his lots proposed to be a Registered Land Survey. (b) CONSIDERATION OF VARIANCE REQUESTED BY DON HANTGE FOR GARAGE CONSTRUCTION AT 928 2ND AVE SW Chairman Craig opened the hearing at 7:36 p.m. with the reading of publication #4265 as published in the Hutchinson Leader on Thursday, JuLY 4, 1991. The request is for the purpose of considering a Variance to allow the I HUTCHINSON PLANNING COMMISSION JULY 16, 1991 owner to reduce front yard set back 5' from 25' to 20' located at 928 2nd Ave SW. Gary Plotz, City Administrator, commented on staff recommendation and the lack of hardship as reviewed by staff. Discussion followed on State Statutes. Mr. Hantge explained the proposal and the fact that he would be 31' from the street to the garage. Discussion followed on 2 car garages and the average setbacks of the homes along 2nd Ave. Mr. Lyke moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 7:46 p.m. Mr. Ebent moved to recommend denial to City Council due to lack of hardship. Seconded by Mr. Lyke the motion carried unanimously. (c) CONSIDERATION OF REZONING FROM R-2 TO C-4 ALONG HWY 7 EAST REQUESTED BY CITY STAFF Chairman Craig opened the hearing at 7:47 p.m. with the reading of publication #4266 as published in the Hutchinson Leader on Thursday, July 4, 1991. The request is for the purpose of considering a request by the City Staff to rezone property from R-2 (residential) to C-4 (commercial) located on Hwy 7 E. Mr. Ebent stepped off the commission as a neighboring property owner. City Administrator Plotz commented on the expansion of the area and requested that City Attorney Barry Anderson comment on the concerns raised by neighboring property owners. Mr. Russell Christensen, 326 Hwy 7 E, is concerned with the use of his property if the area is rezoned commercial. His concern would be in the event his house is destroyed. City Attorney Anderson stated that this is a legitimate concern and added the city can not deprive the use of an owners property if there is more than 50% of the house destroyed. City Administrator Plotz commented on the difference in set backs between C-4 and R-2. Property owners can come in for a variance if the house would be destroyed. City Attorney Anderson explained that a request for an expansion could be more of a problem. Discussion followed on the present footage requirement in Commercial zones which would be conforming now. Would rezoning mean the lots would be non -conforming? Mr. HUTCHINSON PLANNING COMMISSION JULY 16, 1991 Plotz stated the new ordinance would grandfather -in the present lots. City Engineer John Rodeberg stated the city can not create non -conforming lots. Discussion followed on the handling of reshingling or adding accessory buildings. Attorney Anderson stated he would research the question of accessory buildings in a non -conforming lot. Attorney Anderson explained that the present property owners could sell their property as is and discussion followed on the market value of the area lots. Mr. Lenz moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 8:09 p.m. Mr. Lenz moved to recommend approval to City Council. Seconded by Mr. Gruett the motion carried unanimously. (d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT" SUBMITTED BY CITY STAFF Chairman Craig opened the hearing at 8:10 p.m. with the reading of publication #4267 as published in the Hutchinson Leader on Thursday, July 4, 1991. The request is for the purpose of considering a preliminary and final plat of "Hutchinson Downtown Redevelopment Plat" submitted by City Staff on behalf of ShopKo. City Administrator Plotz commented on the plat, explaining Lot 1 is sold to ShopKo and Lots 2 and 3 remain city property. He commented on the dike and the fence in the right of way. The DNR has reviewed the plat and approves of it. City Engineer Rodeberg commented on the flood plain line the setback from the line. He stated the city has developed an Emergency Flood Warning Plan which the DNR agrees to. City Attorney Anderson commented on the environmental issues and monitoring of test wells. Discussion followed on alterations to Firemans Park and traffic flow by the bridge. Mr. Lenz moved to continue the hearing to a special meeting at 5:00 p.m. on Tuesday, July 23, 1991. Seconded by Mr. Lyke the motion carried unanimously. 3 HUTCHINSON PLANNING COMMISSION JULY 16, 1991 4. NEW BUSINESS (a) CONSIDERATION OF FINAL PLAT OF "HOUKS SECOND SUBDIVISION" SUBMITTED BY GALEN HOUK, HWY 7 E (2 MILE RADIUS) City Administrator Plotz stated the staff is concerned the plat includes a 200' front setback which will be included in the subdivision agreement. Mrs. Houk stated there was no problem with that agreement. Mr. Lenz made a motion to approve the plat subject to staff recommendations of a 200' front setback as to be stated in a subdivision agreement, seconded by Mr. Gruett the motion carried unanimously. 5. OLD BUSINESS (a) ZONING ORDINANCE UPDATE City Administrator Plotz stated that Jim Marka has heard from Mr. Weber and at this time the Ordinance is still being looked at. (b) COMMUNICATION FROM STAFF 1) City Engineer John Rodeberg commented on an upcoming variance proposal by Mr. Steve Wadsworth on Lewis Ave. 2) City Administrator Gary Plotz commented on a letter received by Mr. Richard Danielson concerning the dance studio on the Jeff Munsell property. City Attorney Barry Anderson the hardsurfacing requirement has been delayed due to a question of ownership of the property. 3) There was favorable discussion on the possibility of having a workshop on variances for the Planning Commission and City Council. Staff will research the possibility further. 6. ADJOURNMENT There being no further business the meeting was adjourned at 9:00 P.M. 4