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05-20-1986 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, May 20, 1986 1. CALL TO ORDER The meeting was called to order by Vice -Chairman Shu -Mei Hwang at 7:30 p.m., with the following members present: Spencer Beytien, Thomas Lyke, Marlin Torgerson, Elsa Young and Vice -Chairman Hwang. Members absent: Roland Ebent and Larry Romo. Also present: City Administrator Gary Plotz, Director of Engineering Marlow Priebe and City Attorney James Schaefer. 2. MINUTES Mr. Beytien made a motion to approve the minutes of the regular meeting dated April 15, 1986. Seconded by Mr. Torgerson, the motion carried unanimously. 3. PUBLIC HEARINGS (A) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY GERALD BLOCK Vice -Chairman Hwang opened the public hearing with the reading of publication #3549 as published in the Hutchinson Leader on Thursday, May 8, 1986. The request is or a conditional use permit to allow the operation of a convenience store/gas station and car wash in a C-4 zone. Mr. Block was present to explain the request. He presented a drawing showing the parking plan for the site. Discussion followed. It was determined that 12 spaces are necessary for the car wash and 8 for the convenience store/apt. units. Director Priebe noted that the plan must show traffic flow and that the cars must be able to maneuver easily. Mr. Block was directed to rework the plan for traffic flow and parking before consideration by the City Council. After discussion, Mr. Torgerson made a motion to close the hearing at 7:49 p.m. Seconded by Mr. Beytien, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of the conditional use permit, with the stipulation that the applicant reorganize traffic patterns for the car wash so it is acceptable to staff. Seconded by Dr. Lyke, the motion carried unanimously. (B) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY DAVID MCGRAW Vice -Chairman Hwang opened the public hearing at 7:50 p.m. with the reading of publication #3551, as published in the Hutchinson Leader on Thursday, May 8, 1986. The request is for a 3' variance to allow the construction of a single family residence 3' from the sideyard property line. PLANNING COMMISSION MINUTES - MAY 20, 1986 Mrs. Carl Nelson, future owner of neighboring property was present to state her objection to the request. Vice -Chairman Hwang read a letter from Mr. and Mrs. Nelson stating their objection to the request. Mrs. Nelson later asked about fire equipment being able to get between the two homes (proposed and existing house to the east). Mr. Ron McGraw, representing applicant David McGraw, was present to state that the home previously on the property was destroyed by fire and although the proposed building requires a variance, it is an improvement (over previous and existing situations). He also stated that it is a square-shaped lot which doesn't allow much for construction of one-story homes; the proposal meets all other requirements; and there is an existing driveway and curb cut off Fifth Avenue that would be used for the proposed house. He further explained that the proposed house is not for the present owner but for a propective owner of the property. Mr. Mike Schmidt, 512 Lynn Road, asked what the hardship was stated his objection to the request. Mr. McGraw stated that the hardship was that they would not have a buyer for the property. There was discussion of an existing garage on the property. It was deter- mined that the existing garage would not remain on the property. (A conditional use permit to move the garage to another site was approved April 22, 1986.) Mr. Dallas Hansen, person interested in purchasing lot and building proposed house, stated his concern was that he would like to use existing driveway, and with the six foot setback, there would be too much swing to get into the garage. He stated that it would also involve moving a large tree. Dr. Lyke asked if there had been any consideration of an L-shaped house. Mr. Torgerson read conditions for granting a variance from the ordinance. He stated that although changing a curb cut could be an economic consideration, the ordinance prohibits using economics as the only basis for granting a variance. Administrator Plotz explained that the staff recommended the request be denied based on the fact that the property could be put to a reasonable use without the variance, by using a different layout. After discussion, Dr. Lyke made a motion to close the hearing. Seconded by Mr. Torgerson, the motion carried and the hearing was closed at at 8:05 p.m. Dr. Lyke made a motion to recommend that the request for a variance be denied. The motion was seconded by Mr. Beytien. Motion carried unanimously. Discussion followed. Dr. Lyke amended his motion to include "based on the fact that we didn't feel the test of reasonable use was met and that the property could be put to another use." The motion to amend was seconded by Mr. Torgerson and carried unanimously. (C) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY JON OTTESON Vice -Chairman Hwang opened the public hearing at 8:10 p.m. with the PLANNING COMMISSION MINUTES - MAY 209 1986 reading of publication #3552 as published in the Hutchinson Leader on Thursday, May 8, 1986. The request is for a conditional use permit to allow the construction of a 14' by 20' addition to an existing, nonconforming garage located at 558 Hassan St. S. Mr. Otteson was present to explain that the request is for an addition that will allow him to park a full size car in the existing garage and add a workshop/storage area. He stated that the entire structure will be resided and a new roof will be put on it. Other options would require him to remove a large oak tree and would cause a safety problem with backing into the alley blindly (neighboring garage would block view). City Administrator Plotz explained that this request also requires a variance. Staff recommended approval based on the fact that other options are not reasonable. A 6' setback would require the person to back into the alley blindly. As it is planned, they are coming in at an angle. Mrs. Young noted that he is not building a whole new structure, but adding to an existing structure. Director Priebe explained that the because the structure was built in accordance with the ordinance in effect at the time, the conditional use permit is allowed. Administrator Plotz added that because it is an existing structure, it should not be automatic. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mrs. Young, the motion carried unanimously and the hearing was closed at 8:15 p.m. Mr. Torgerson made a motion to recommend to City Council approval of the conditional use permit as the existing garage was nonconforming when it was built. Seconded by Mr. Beytien, the motion carried unanimously. (D) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY JON OTTESON Chairman Hwang opened the public hearing at 8:15 p.m. with the reading of publication #3553 as published in the Hutchinson Leader on Thursday, May 8, 1986. The request is fora .3 rearyard-- variance and a 3.7' sideyard variance to allow the construction of a 14' by 20' addition to an existing, nonconforming garage. Dr. Lyke questioned the reasons given to show hardship, noting trouble reconciling siting an oak tree as a hardship. He questioned whether or not a variance is necessary. He further stated that as the ordinance provides for a conditional use permit to expand an existing, nonconforming structure that was built in compliance with the 1962 ordinance, the present setback require- ments don't apply. Director Priebe responded that if in the request to expand, the expansion can be done without violating present setback require- ments, a variance is not required. He stated that the conditional use permit allows the expansion. The expansion is then reviewed to see if it meets present setback requirements. If not, a variance is required. K PLANNING COMMISSION MINUTES - MAY 20, 1986 Dr. Lyke made a motion to table consideration of the request until the City Administrator can find out if the request can be granted with just a conditional use permit. The motion died for lack of a second. City Attorney Schaefer explained that there is a difference in talking about a hardship for an existing building rather than a building for a vacant lot, as what you can do with an existing building is much more limited. After discussion, Mrs. Young made a motion to close the hearing. Seconded by Mr. Torgerson, the motion carried unanimously. Mr. Torgerson made a motion to recommend approval of the variance as the existing garage is nonconforming, the owner did not create the hardship and other alternatives are not reasonable because of the safety factor. Seconded by Beytien, the motion carried, with Dr. Lyke voting nay. (E) CONSIDERATION OF PRELIMINARY PLAT AS SUBMITTED BY HARLOW STILLINGS Vice -Chairman Hwang opened the hearing at 8:37 p.m. with the reading of publication #3554 as published in the Hutchinson Leader on Thursday, May 8, 1986. The request is for const eration o a preliminary plat to be known as STILLINGS-HOEFT ADDITION, which is located on the south end of Graham Street and west end of Milwaukee Avenue. Mr. Stillings was present to explain the request. Driector Priebe stated that he had not met with Mr. Stillings regarding improvements. He told Mr. Still ings that he has the option of hiring a private engineer and contractor to do the improvements or the City will be able to look at doing them in 1987. He stated that the City could not do them before that time. Director Priebe submitted a certification that the Preliminary Plat as submitted meets the requirements of the Subdivision Ordinance, as per Preliminary Plat Data. He noted that prior to the final plat, a subdivision agreement must be executed and parks and playground contribution must be paid. Dr. Lyke expressed concern from the Utilities Commission regarding platting such a small piece of property. He asked if there was a larger, overall plan for the area. Director Priebe responded that there is a plan of which the Utilities Commission could be given a copy. Dr. Lyke stated there was no objection from the Utilities Commission. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mrs. Young, the motion carried unanimously and the hearing was closed at 8:39 p.m. Mr. Torgerson made a motion to recommend to City Council approval of the preliminary plat, as it has met all the requirements. Seconded by Dr. Lyke, the motion carried unanimously. 4 PLANNING COMMISSION MINUTES - MAY 209 1986 (F) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE #E464, SECTIONS 6.03, 6.05, and 6.08 Vice -Chairman Hwang opened the public hearing at 8:40 p.m. Dr., Lyke made a motion to waive reading of the publication notice #3555. Seconded by Mr. Torgerson, the motion carried unanimously. City Administrator Plotz explained that the amendment is a result of a follow up of what is now State law. City Attorney Schaefer explained that the amendment will make it more difficult to justify the granting of a variance, and noted that the language was pulled directly from State Statute. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Dr. Lyke, the motion carried unanimously. Mr. Torger- son made a motion to recommend to City Council approval of the amendment as proposed. Seconded by Dr. Lyke, the motion carried unanimously. 4. OLD BUSINESS (A) REVIEW OF COMPREHENSIVE PLAN Director Priebe explained that he had attended the Park Board meeting on May 7, where the Park Board reviewed the plan regarding future park land. He further reported that they have no recommendations for change at this time, but will review the map again and make recommendations each year before the Planning Commission reviews the plan. After discussion, Mr. Torgerson made a motion to recommend to City Council approval of the Comprehensive Plan. Seconded by Dr. Lyke, the motion carried unanimously. 5. NEW BUSINESS (A) CONSIDERATION OF FINAL PLAT OF HELLAND'S SEVENTH ADDITION Director Priebe submitted certification that the final plat meets all the requirements of the Subdivision Ordinance as per "Final Plat Procedure". He noted that there were no changes from the preliminary plat as previously approved by the commission and counicl. Mr. Torgerson made a motion to recommend to City Council approval of the final plat, as it has been certified by the Director of Engineering. Seconded by Mrs. Young, the motion carried unanimously. (B) CO & DERATION OF PRELIMINARY PLAT SUBMITTED BY GERALD GASSMAN TO COUNTY (WITHIN TWO MILE RADIUS) Mr. Gassman was present to explain that he is platting approximately 7 acres into 3 sections. The name of the plat is TARADIDDLE ACRES. He also presented a map of how the property would be subdivided if it ever came into the City. 5 PLANNING COMMISSION MINUTES - MAY 20, 1986 Director Priebe stated that there drawn up prior to the approval of address how improvements will be contribution in the event of the should be a subdivision agreement the final plat, which will hand 1 ed -and parks and p 1 ayground property comes into the City. Mr. Hwang read letter of approval from Acoma Township. Mr. Torgerson made a motion to recommend to City Council approval of the preliminary plat, subject to subdivision agreement being drawn up prior to approval of the final plat. Seconded by Dr. Lyke, the motion carried unanimously. (C) CONSIDERATION OF PRELIMINARY PLAT SUBMITTED BY GEORGE HERBERT TO COUNTY (WITHIN TWO MILE RADIUS) Mr. George Herbert was present to answer any questions about the request. Letters from the Hutchinson Town Board appro ing the plat and MnDot stating that only one entrance will be al lowfto David Lee Acres and that access will have to be off Herbert Drive were presented. Director Priebe asked who would be responsible for moving the access. Mr. Herbert responded that he would. Director Preibe stated that he would like reference to that and a reasonable time frame for moving the access in the subdivision agreement to be drawn up before approval of the final plat. Mr. Herbert also explained that the County would like the proposed street names changed. After discussion, Mr. Torgerson made a motion to recommend to City Council approval of the preliminary plat upon completion of a subdivision agreement. Seconded by Mrs. Young, the motion carried unanimously. (D) CONSIDERATION OF REZONING OF TARADIDOLE ACRES AS SUBMITTED TO COUNTY (WITHIN TWO MILE RADIUS) (Agricultural to Rural Residential) After discussion, Dr. Lyke made a motion to state that the Planning Commission has no objection to the rezoning as submitted. Seconded by Mr. Beytien, the motion carried unanimously. (E) CONSIDERATION OF REZONING OF NORTHVIEW ACRES AS SUBMITTED TO COUNTY (WITHIN TWO MILE RADIUS) (Agricultural to Rural Residential) After discussion, Dr. Lyke made a motion to state that the Planning Commission has no objection to the rezoning as submitted. Seconded by Mr. Beytien, the motion carried unanimously. (F) PRESENTATION BY SUPERINDENT OF SCHOOL DISTRICT #423 GLENN MATEJKA Superintendent Matejka pre s he site plan for the proposed education building. He lane ite, parking plans and expansion plans as shown on the drawing. 6 PLANNING COMMISSION MINUTES - MAY 202 1986 6. ADJOURNMENT There being no further business, Mr. Beytien made a motion to adjourn the meeting. Seconded by Mrs. Young, the motion carried unanimously and the meeting was adjourned at 9:25 p.m. NOTE: THE NEXT REGULAR MEETING OF THE PLANNING COMMISSION WILL BE ON MONDAY, JUNE 16 AT 8:00 P.M. IN COUNCIL CHAMBERS AT CITY HALL. VA