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06-20-1989 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 20, 1989 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, Clint Gruett, ElRoy Dobratz, Marlin Torgerson, Larry Romo and Chairman Craig. Members absent: Tom Lyke. Also present: Building Official Jim Marka and Consulting Engineer Marlow Priebe. 2. MINUTES Mr. Romo made a motion to approve the minutes of the regular meeting dated Tuesday, May 16, 1989. Seconded by Mr. Dobratz the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DALE RANNOW TO CONSTRUCT A 24' X 24' GARAGE IN FLOOD FRINGE Chairman Craig opened the hearing at 7:31 p.m. with the reading of publication #3998 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for the purpose o co isn Bering a conditional use permit to allow the owner to construct a 24' x 24' detached garage in flood fringe on property located at 135 Glen St. N. Mr. Dale Rannow, 135 Glen St. N, commented on his proposal. Building Official Jim Marka explained the alternatives to flood proofing with the slab being at a resonable grade and concrete walls. He stated that the State of Minnesota approved the request verbally but stipulated a garage door on both sides to stabalize and ezualize pressure if there is a flood. Discussion followed on the alternatives. There was discussion on the possibility of placing 2 walk thru doors on one side instead of another garage door. Chairman Craig made a motion to close the hearing, seconded by Mr. Torgerson the hearing closed at 7:41 p.m. Mr. Torgerson made a motion to recommend approval to City Council contingent upon receiving proper approval from the DNR and State Building Division. Seconded by Mr. Romo the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY JEFF MUNSELL TO MOVE IN A MODULAR UNIT FOR A DANCE STUDIO. Chairman Craig opened the hearing at 7:42 p.m. with the reading of publication #3999 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for a condition use permit to allow the owner to install a UBC Modular Unit for a dance studio located on f.. property located at Florida ST. off Hwy 7 West. Mr. Jeff Munsell provided additional sketches and explained the application for the modular unit. Chairman Craig read a letter dated 6/19/89, from Mr. Richard Danielson concerning the request and his 1 PLANNING COMMISSION MINUTES 6/20/89 comments of upgrading Florida St. Building Official Marka commented on the temporary aspect of the conditional use permit. Consulting Engineer Marlow Priebe suggested placing the improvement of Florida St. on the 1990 schedule. Discussion followed on the request of Mr. Danielson and hearings to be held. Mr. Munsell addressed the Florida St. entrance to the studio as being the best enterance but there could be an alternative access. He explained the proposal to anchor the building on concrete but that the building structure was classified temporary. Discussion followed concerning the easement on the abstract for the 30' right-of-way on Florida St. It is not a platted right-of-way. Building Official Marka commented on the renewal each year unless the project becomes permanent. Discussion followed on establishing the permanency of the structure. Chairman Craig proposed not to deal with the Florida St. improvement at this time. There was discussion of the access to Hwy. 7. Mr. Ebent moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 8:02 p.m. Mr. Ebent made a motion to recommend approval subject to city staff's 5 recommendations being satisfied as follows: 1. 50' setback from all residential districts. 2. 12 month renewal. 3. Provide copy of right-of-way easement as shown on abstract. 4. Hard surfaced parking lot is required at the time of renewal. 5. Structure is considered temporary. Seconded by Mr. Torgerson the motion carried unanimously. (c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY DAN HUDSON, "SUBWAY" RESTAURANT, TO CONSTRUCT A DRIVE-THRU WINDOW Chairman Craig opened the hearing at 8:03 p.m. with the reading of publication #4000 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for the purpose of co ism Bering a conditional use permit to allow the owner to construct a drive-thru pick-up window at Subway on Hwy 7 W. Mr. Dan Hudson, representing Subway, 204 Hwy 7 West, commented on the type of business being fast food thus needing a drive-thru window explaining the handicap accessible ramp and step as the window site which will eliminate the parking of cars encroaching on the street right-of-way. Consulting Engineer Priebe commented on the right-of- way. Discussion followed on the problems of use of the drive-thru window and the intersection proximity. Mr. Torgerson commented on future development of Water ST. and the right-of-way. Mr. Hudson stated he does understand the risk of future improvements to the street. •� 2 PLANNING COMMISSION MINUTES 6/20/89 Mr. Romo moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 8:20 p.m. Mr. Romo made a motion to recommend approval to City Council subject to City Attorney Barry Anderson providing a draft agreement between the city and Mr. Hudson guaranteeing no expressed or implied committment on the city's bejalf concerning the right-of-way for the drive-thru traffic encroachment should a street improvement project on Water St. eliminate accessn to his drive-thru pick-up window. Seconded by Mr. Gruett the motion carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LANCE HEATON FOR A BED AND BREAKFAST INN ON 231 ADAMS ST. Chairman Craig opened the hearing at 8:21 p.m. with the reading of publication #4001 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for the purpose of const Bring a conditional use permit to allow the prospective owner to provide a Bed and Breakfast Inn on property located at 231 Adams St. Mr. Lance Heaton, 307 Dale, commented on the proposed purchase of the property for a Bed and Breakfast Inn and explained that three or four rooms would be for rent 1 to 3 nights with meals provided only to guests. A future option may be to have an Inn as in a restaurant. Discussion followed of the zoning district. Mr. Russell Meade, present owner of the property, commented on visiting several Bed and Breakfasts and all were in residential areas. Discussion followed on the necessity of adopting an ordinance to accomodate and address Bed and Breadfast establishments in Hutchinson. Mr. Ebent moved to continue the hearing and recommend that City Attorney Anderson draft an ordinance for presentation at the July meeting. Seconded by Mr. Torgerson the motion carried unanimously. (e) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE FOR AN ADDITION TO ACME CARWASH AT 690 SO. GRADE RD. Chairman Craig opened the hearing at 8:22 p.m. with the reading of publication #4002 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for the purpose of- const ering a conditional use permit to allow the owner to construct a 25' x 120' automatic carwash bay with dryer on property located at Acme Carwash, 690 South Grade Rd. Mr. Tom Ludowese explained the two sketches presented in the packet. The east side addition would be a better location but there is room on the west side. Building Official Marka commented on the position of the Mall owners. Attorney Dan Prochnow, representing Mr. Ludowese, commented on the problems with acquiring additional land to construct the addition on the east side of the building and stated that the west side would comply with the limited warranty deed. 3 PLANNING COMMISSION MINUTES 6/20/89 City Attorney Anderson commented on municipal law as to stacking of cars, stating there would be no problem in this case. Discussion followed on the ingress and egress to the east of the present building. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the hearing closed at 8:52 p.m. Mr. Torgerson made a motion to recommend approval to the City Council. Seconded by Mr. Gruett the motion carried unanimously. (f) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY DAVE ROSSMAN FOR AN ADDITION TO GARAGE AT 604 HASSAN Chairman Craig opened the hearing at 8:53 p.m. with the reading of publication #4003 as published in the Hutchinson Leader on Thursday, June 8, 1989. The request is for the purpose of const ering a conditional use permit to allow the owner to construct a 12' x 20' addition unto existing garage on property located at 604 Hassan. Mr. Dave Rossman explained his request. Building Official Marka commented on the use of Ivy Lane as an alley. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the hearing closed at 8:55 p.m. Mr. Romo made a motion to recommend approval to City Council. Seconded by Mr. Dobratz the motion carried unanimously. (g) CONSIDERATION OF REQUEST BY CITY STAFF TO REZONE PROPERTY AT 402 MAIN, 35 -4TH AVE. NW AND 29 -4TH AVE. NW FROM C-2 TO R-2. Chairman Craig opened the hearing at 8:56 p.m. with the reading of publication #4004 as published in the Hutchinson Leader on Thursday June 8, 1989. The request is for the purpose o -co-ns-tering a request by City Staff to rezone property located at 402 Main N., 35 -4th Ave. NW and 29 -4th Ave. NW from C-2 (Commercial District) back to R-2 (Multiple family residence). Mr. Robert Hornick, owner of the property, commented on the progress of the Burger King, finance and development and stated he is opposed to the rezoning. He presented a site plan for the property. City Attorney Anderson commented on the changes in the new plan. Mr. Hornick explained the site plan and the square footage of the building. Mr. Torgerson commented on the removal of the fire hydrant and Consulting Engineer Priebe explained the cost of removal would be up to the developer. Mr. Kale Danberg, Building Expertise, provided a schedule of the building for the convenience store/carwash. Discussion followed on the carwash addition. Mr. Marka stated the carwash required a conditional use permit. 4 PLANNING COMMISSION MINUTES 6/20/89 Mr. Wayne Thompson, representing Burger King, commented on the proposal for Burger King and the timetable and setbacks they have had. he stated there are lease agreements for the land and are prepared to complete the project this year. He commented on the site changes and property owners access and that the parking lot and privacy fence buffers the neighbor to the west. Consulting Engineer Priebe commented on the county tile location and requested surveys showing the tile location. Mr. Thompson stated the construction could begin in August with local contractors hired for the work. Discussion followed on the various kinds of order takers. City Attorney Anderson commented on light shielding referring to discussions and promises to shield from neighboring property owners. Mr. Thompson stated there is no problem with the shielding. Mr. Craig Reese read a letter by Attorney Ron McGraw to the City Attorney and City Council and questioned the timetable and issue of assurances. Ms. Peggy Reese read a letter received by Mr. Hornick to themselves concerning the driveway easement. Building Official Marka commented on the accesses and curbcuts. Mr. Reese commented on their correspondence and proposal to Mr. Hornick. Building Official Marka stated the city controls buffers at the time of the building permit issuance and considers the suggestions of neighboring property owners. City Attorney Anderson explained the order of filling the excavation and that the developers have not followed through to the expectations of the planning commission and city council. He commented on the city position being restricted because of litigation with the Reeses on the property. Mr. Torgerson commented on the recent progress and suggested to continue the hearing until the July meeting. Mr. Thompson commented on the issues of the past 18 months which held up the Burger King development. Now they have control of the property and Burger King can act on their building. The convenience store does need resolving before the Burger King can begin. The building could be up in 45 to 70 days. City Attorney Anderson interpreted the ordinance as the developer has come back with a new site plan as requested. Attorney McGraw stated they will respond to any agreements and there If would be written agreements. Mr. Torgerson moved to continue the hearing until July 18, 1989, and leave the zoning C-2 for the present. Seconded by Mr. Romo the motion 5 PLANNING COMMISSION MINUTES 6/20/89 carried unanimously. Mr. Thompson, explained the situation Burger King is faced with in respect to the ingress and egress to Hwy 15 and he will talk to the Reeses concerning the access to Hwy 15 and try to resolve issues. 4. NEW BUSINESS (a) CONSIDERATION OF APPROVAL FROM PLANNING COMMISSION TO ADOPT THE FLOOD PLAIN ORDINANCE WITH THE CODIFICATION Mr. Torgerson moved to recommend approval, seconded by Mr. Romo the motion carried unanimously. (b) REVIEW OF CONDITIONAL USE PERMIT GRANTED TO TIH FOR PORTABLE TRAINING UNITS. (ANNUAL REVIEW) Mr. Torgerson moved to recommend approval, seconded by Mr. Romo the motion carried unanimously. (c) DISCUSSION REQUESTED BY JIM MARKA OF FLOOD DAMAGE REDUCTION GRANT Building Official Marka explained the flood damage reduction grant and noted an upcoming county meeting. Consulting Engineer Priebe will research the file and communicate by the end of August. (d) DISCUSSION REQUESTED BY JIM KELLY AND JOHN ROBINSON FOR A PHOTOFINISHING BUSINESS ON PROPERTY ALONG HWY 7 Withdrawn. 5. OLD BUSINESS (a) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS ON TRACT IN SECTION 1 LYNN TOWNSHIP OFF OF SOUTH GRADE RD. Consulting Engineer Priebe stated the property is surrounded by city limits and explained that since the school was annexed there is an overlap. He also stated that the zoning map has been corrected. Ms. Evie Hansen addressed and presented their written concerns. Mr. Ron Hansen commented on the discussion with Fire Marshal George Field on the removal of the overhead gas tanks but not the #2 diesel tanks which could remain in the area. He also commented on deferred assessments. Mr. Priebe explained past procedure of deferred assessments and commented on the present deferred assessment situation. Discussion followed on Hansens six written concerns. Mr. Priebe commented that the annexation should begin since the , property is an island surrounded by city. M 2 PLANNING COMMISSION MINUTES 6/20189 Mr. Torgerson made a motion to delay the annexation one month to answer all questions of the Hansens. Seconded by Mr. Romo the motion carried unanimously. (b) BRW UPDATE (1) CONSIDERATION TO PROCEED WITH BRW COMPREHENSIVE MAPS WITH REVISIONS Building Official Marka suggested that Consulting Engineer Priebe meet with Mr. Bill Weber, the County Engineer and himself to review the maps. (2) REVIEW SCOPE OF SERVICES OF APPROVED CONTRACT BY BILL WEBER FOR THE ZONING ORDINANCE. The review of scope of services will begin step by step by staff and Mr. Weber. 6. ADJOURMENT There being no further business the meeting was adjourned at 10:45 p.m. 7