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07-18-1989 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 18, 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: Assistant Building Official Don Johaneson and Consulting Engineer Marlow Priebe. 2. MINUTES Mr. Romo made a motion to approve the minutes of the regular meeting dated Tuesday, June 20, 1989. Seconded by Mr. Dobratz the motion carried unanimously. 3. OLD BUSINESS (a) CONSIDERATION TO BEGIN ANNEXATION PROCEEDINGS ON TRACT IN SECTION 1 LYNN TOWNSHIP OFF OF SOUTH GRADE RD. Ron and Evie Hansen commented on the letter they had received from City Attorney Barry Anderson regarding deferred assessments. Discussion followed on deferred assessments. City Attorney Anderson commented on the assessment concern and the SW storm sewer project. City Attorney Anderson suggested to proceed with annexation proceedings and provide a written agreement between Hansens and the City to defer the SW storm sewer assessment until the property is sold, a change in the property or until the present assessment is paid off. Mr. Hansen voiced concern over the Eontirued use of the property as a gravel business that has been "grandfathered -in". Discussion followed on zoning and "grandfathered -in" businesses in inappropriate zones. City Attorney Anderson asked to continue the proceedings until September to provide time for legal research. Assistant Building Official Don Johaneson will research the city ordinances. Mr. Torgerson moved to continue the matter until the September meeting, seconded by Mr. Gruett the motion carried unanimously. (b) CONSIDERATION OF REVISED SITE PLAN SUBMITTED BY ROBERT HORNICK Assistant Building Official Johansen commented on the review of the revised site plan by City Staff. Consulting City Engineer Marlow Priebe explained he has not completed his review of the plan. Discussion followed on the 20 recommendations of the memo dated July 5, 1989, by staff. Consulting Engineer Priebe commented on the need to continue the consideration. Mr. Bob Hornick, property owner, explained the problems with delaying the recommendation for another month. HUTCHINSON PLANNING COMMISSION MINUTES 7/18/89 Mr. Torgerson moved to recommend approval to City Council subject to the revised site plan satisfactorily meeting planning staff criteria according to the staff memo of 7/5/89. Seconded by Mr. Romo the motion carried unanimously. 4. PUBLIC HEARINGS (a) CONTINUATION OF REZONING BURGER KING PROPERTY FROM C-2 TO R-2 Attorney Pete Kasal commented on the Reeses position of the proposal presently before them. Mr. Romo moved to continue the hearing to the August meeting, seconded by Mr. Gruett the motion carried unanimously. (b) CONSIDERATION OF REZONING PROPERTY REQUESTED BY FAITH LUTHERAN CHURCH FROM R-2 TO C-3 Chairman Craig opened the hearing at 7:55 p.m. with the reading of publication #4012 as published in the Hutchinson Leader on Thursday, July 6, 1989. The request is for the purpose of consideringsidering a request by the owner to rezone property located at 4th Ave. SE and Hassan St. from R-2 (Residential district) to C-3 (Central Commercial district). Representatives from Faith Lutheran Church commented on the necessity of a bus garage close to the property line. Discussion followed of the surrounding zoning district. Assistant Building Official Johaneson commented on staff recommending a minimum of 17' setback to Hassan St. Mr. Romo moved to close the hearing, seconded by Mr. Torgerson the hearing closed at 8:00 p.m. Mr. Romo made a motion to recommend approval to City Council subject to a minimum of a 17' setback of the garage to Hassan St. Seconded by Mr. Torgerson the motion carried unanimously. (c) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY NEIL JENSEN FOR A GARAGE ADDITION AT 518 2ND AVE SW Chairman Craig opened the hearing at 8:01 p.m. with the reading of publication #4013 as published in the Hutchinson Leader on Thursday, July 6, 1989. The request is for the purpose of co isn dering a conditional use permit to allow the owner to construct a new 22' x 24' garage over existing foundation on property located at 518 -2nd Ave. SW Consulting Engineer Priebe commented on the proposal to expand existing garage noting it must meet required side setbacks. Mr. Ebent asked to refrain from voting. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the hearing closed at 8:05 p.m. Mr. Torgerson made a motion to recommend approval to the City Council subject to the recommendation of city E HUTCHINSON PLANNING COMMISSION MINUTES 7/18/89 staff to expand the existing garage structure to 24' x 22', except the SW corner which should conform with the setback. Seconded by Mr. Dobratz the motion carried with Mr. Ebent abstaining. (d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF ANDERSON/BEELER ADDITION REQUESTED BY JUNE REDMAN Chairman Craig opened the hearing at 8:06 p.m. with the reading of publication #4014 as published in the Hutchinson Leader on Thursday, July 6, 1989. The request is for the purpose of consideringsidering the platting of a parcel of property to be known as Anderson/Beeler Addition. Consulting Engineer Priebe commented on the previous sketch plan presented. Ms. June Redman explained the sketch had 6 lots the plat is now 8 lots. Discussion followed as to the number and size of lots being large enough for single or twin homes. Mr. Levi Tupa, 522 Graham, stated he was not opposed to the proposal only of neighborhood dogs in the area. Mr. Harlow Stillings commented on having 16 units with a cul-de-sac. Mr. Torgerson suggested an increase of greenspace with 8 duplexes as opposed to 16 single units. Ms. Redman stated there would be 2 lots already sold as single family dwellings if the plat were approved. Mr. Roger Reinhart, 545 Larson, stated he had no problem with the proposal and commented on the benifit to the area. Mr. Wayne Scott, 525 Larson, commented on the .cul -de-sac exit to Roberts Rd. Assistant Building Official Johaneson explained this would be a R-2 (b) zone, requiring an 8' side yard setback. Mr. Ebent stated a neighboring property owner was opposed to the cul- de-sac. Mr. Scott questioned the R -2(b) zoning. Consulting Engineer Priebe explained the reasons for the 8' setback. Mr. Torgerson moved to closed the hearing, seconded by Mr. Romo the hearing closed at 8:20 p.m. Mr. Torgerson made a motion to recommend approval of the preliminary and final plat to City Council. Seconded by Mr. Romo the motion carried unanimously. (e) CONSIDERATION OF REQUEST BY CITY STAFF TO REZONE PROPERTY ON WATER ST. Chairman Craig opened the hearing at 8:21 p.m. with the reading of publication #4015 as published in the Hutchinson Leader on Thursday July 6, 1989. The request is for the purpose of considering a request 3 HUTCHINSON PLANNING COMMISSION MINUTES 7/18/89 by City Staff to rezone property located on Water St. from R-5 (Mobile Home Park) back to R-2 (Multiple family residence). City Attorney Barry Anderson commented on the recommendation to rezone. Mr. Torgerson moved to close the hearing, seconded by Mr. Romo the hearing closed at 8:23 p.m. Mr. Ebent made a motion to recommed approval of rezoning the property from R-5 to R-2. Seconded by Mr. Torgerson the motion carried unanimously. (f) CONSIDERATION OF AMMENDMENT ADDITION TO THE ZONING ORDINANCE REGARDING BED AND BREAKFAST ESTABLISHMENTS The public hearing was withdrawn but discussion took place on the proposed Bed and Breakfast on Adams St. Ms. Linda Heaton, 307 Dale, stated she is the prospective owner of 231 Adams St. Mr. Torgerson stated he is not opposed to the Bed and Breakfast but the city needs an ordinance for such establishments. He explained the Heatons would like to serve meals also, but that there then is a problem with the R-2 zoning. City Attorney Anderson addressed the proposal for a gourmet restaurant. He stated a Bed and Breakfast would not pose a problem but a restaurant included would not -be consistent with the same guidelines. He suggested a conditional use permit for the restaurant site to be included. Consulting Engineer Priebe questioned what the use would be, as a Bed and Breakfast, a restaurant or both. Ms. Heaton stated both would be in one establishment. She explained a Bed and Breakfast Inn would provide more services. City Attorney Anderson stated opposition to an Inn in the R-2 zone. Ms. Heaton explained the service would be by reservation only with a 20 person seating capacity. Discussion followed on the Bed and Breakfast or the Inn. City Attorney Anderson commented on the zoning requirements for eating establishments and suggested a public hearing on the restaurant issue. Ms. Heaton explained the location is appropriate. Discussion followed on the option of rezoning the area. Ms. Heaton explained neighboring property owners seem to be agreeable to the proposal. Assistant Building Official Johaneson suggested rezoning to C-3 to meet the requirements. Discussion followed on the parking requirements and ample parking access from the alley or Adams St. The Planning Commission directed staff to set a public hearing for August 15, 1989 to rezone from R-2 to C-3. 4 HUTCHINSON PLANNING COMMISSION MINUTES 7/18/89 5. ADJOUR14ENT There being no further business the meeting was adjourned at 9:00 p.m.