04-15-1986 PCM cMINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, April 15, 1986
1. CALL TO ORDER
The meeting was called to order by Chairman Roland Ebent at 7:30 p.m.,
with the following members present: Spencer Beytien, Thomas Lyke, Larry
Romo, Marlin Torgerson, and Chairman Ebent. Members absent: Shu -Mei
Hwang and Elsa Young. Also present: City Administrator Gary Plotz,
Director of Engineering Marlow Priebe and City Attorney James Schaefer
(8:00 p.m.)
2. MINUTES
Mr. Romo made a motion to approve the minutes of the regular meeting
dated March 20, 1986. Seconded by Mr. Torgerson, the motion carried
unanimously.
3. PUBLIC HEARINGS
(a) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY MARK
GILHOUSEN
Chairman Ebent opened the public hearing at 7:31 p.m. with the
reading of publication #3534 as published in the Hutchinson Leader
on Thursday, April 3, 1986. The request is for a con i ionaT use
permit to allow the moving of a 19' by 18' garage onto property
located at 330 Fifth Ave. SIJ.
Mr. Gilhousen was present to explain that he intended to move his
existing garage and turn it 90 degrees so it would open into the
backyard for storage. He would then move the.other garage to the
location of the existing garage and use it as a garage.
Mr. Torgerson made a motion to close the hearing. Seconded by Mr.
Romo, the motion carried unanimously and the hearing was closed at
7:33 p.m. Dr. Lyke made a motion to recommend approval to City
Council. Seconded by Mr. Torgerson, the motion carried unanimously.
(b) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY GERALD
BLOCK AND LEONARD RIEMANN
Chairman Ebent opened the public hearing at 7:33 p.m. with the
reading of publication #3535 as published in the Hutchinson Leader
on Thursday, April 3, 1986. The request is for a conditional use
permit to allow the operation of a gas station/convenience store in
a C-4 zone.
Mr. Leonard Riemann was present to explain that Mr. Block was not
interested in pursuing the request, and that he wanted to be
regarded as the applicant. City Administrator Plotz stated that
Mr. Riemann had signed the application as the owner of record and
it was the opinion of the City Attorney that Mr. Riemann could
continue as the the applicant.
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It was also noted that this same request had been approved
previously, but had to be resubmitted as the 6 month time limit had
expired before the project was started. The previous proposal had
also required a variance, but that was no longer necessary as Mr.
Riemann intends to put the gas pumps on the side and meet all
setback requirements.
Mr. Torgerson made a motion to close the hearing. Seconded by Dr.
Lyke, the motion carried uanimously and the hearing was closed at
7:37 p.m. Mr. Romo made a motion to recommend to City Council
approval of the conditional use permit. Seconded by Mr. Torgerson,
the motion carried unanimously.
(c) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY FARID AND
NAKED CURRIMBHOY (MONTESSORI SCHOOL)
Chairman Ebent opened the hearing at 7:37 p.m. with the reading of
publication #3538 as published in the Hutchinson Leader on
Thursday, April 3, 1986. The request is for a conditional use
permit to allow the operation of a Montessori Preschool and Day
Care Center in the lower level of a proposed duplex to be located
at 504 E. Highland Park Drive.
Mr. Currimbhoy was present to explain that this was the same
request that had been approved a year ago and that it had to be
resubmitted because the 6 month time limit had expired before the
project was started.
Mr. Tom Wahl, 514 E. Highland Park Drive, asked if this was not a
business being allowed in a residential zone. It was explained
that a school is allowed in an R-2 zone with a conditional use
permit.
Mr. Torgerson made a motion to close the hearing. Seconded by Dr.
Lyke, the motion carried unanimously and the hearing was closed at
7:40 p.m. Mr. Torgerson made a motion to recommend to City Council
approval of the conditional use permit. Seconded by Dr. Lyke, the
motion carried. Mr. Romo abstained due to his firm's involvement
in the project.
(d) CONSIDERATION OF PRELIMINARY PLAT OF 'SCHMIDTBAUER THIRD ADDITION'
AS SUBMITTED BY RICHARD SCHMIDTBAUER
Chairman Ebent opened the public hearing with the reading of
publication #3536 as published in the Hutchinson Leader on
Thursday, April 3, 1986. The request is for the approval of a
preliminary plat to be known as 'SCHMIDTBAUER'S THIRD ADDITON'.
(This plat was submitted as Anderson Addition, but the name had to
be changed as there is another Anderson Addition in McLeod County.)
Director of Engineering Preibe submitted a certificate stating that
the plat meets all the criteria of a preliminary plat. He
explained improvements that were already in and those that would
have to be put in. It was noted that Mr. Schmidtbauer made a land
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contribution when Schmidtbauer's First and Second Additions were
platted that would meet parks and playground contribution.
City Administrator Plotz asked that the subdivision agreement be
submitted with the final plat.
Dr. Lyke asked about gas and electric service. Mr. Schmidtbauer
responded that there is already gas serving the property. McLeod
County Coop is providing the electrical service, but that the City
is willing to serve the property if the McLeod County Coop no
longer wants to.
Mr. Romo made a motion to close the hearing. Seconded by by Mr.
Torgerson, the motion carried unanimously and the hearing was
closed at 7:47 p.m. Mr. Torgerson made a motion to recommend to
City Council approval of the preliminary plat as submitted.
Seconded by Mr. Romo, the motion carried unanimously.
(e) CONSIDERATION OF REZONING AS REQUESTED BY CITY STAFF (WASTEWATER
TREATMENT PLANT SITE, PLUS)
Chairman Ebent opened the public hearing at 8:48 p.m. with the
reading of publication 13537 as published in the Hutchinson Leader
on Thursday, April 3, 1986. The request is to rezone property—
located
ropertylocated along Hwy 22 South from C-2 and R-2 to I-1 (Limited
Industrial). (This includes City Garage and Armory sites.)
Mr. Wayne Oliva, adjoining property owner and respresentative of
the Hassan Valley Town Board, stated his concern about the whole
area becoming industrial. He stated that, as there are some
residences in the area at the southern most end of the rezoning,
including his own, that he would prefer to see that area remain
residential. Discussion followed. Director Priebe stated that the
comprehensive plan shows this area as becoming industrial. He also
stated that there are already industrial or commerical type
businesses in the area. City Administrator Plotz commented that
the Hutchinson Community Development Corporation is looking at
developing the area and marketing it as industrial sites. Mr.
Olivia stated that he didn't think it would be necessary for the
whole area to be industrial and that the southern end should remain
residential.
Mr. Torgerson recommended that a specific area be described as
remaining residential and be prepared before the council considers
the rezoning at their next regular meeting.
After further discussion, Mr. Torgerson made a motion to close the
hearing. Seconded by Mr. Romo, the motion carried unanimously and
the hearing was closed at 8:20 p.m. Mr. Torgerson made a motion to
recommend to City Council approval of the rezoning to I-1. He
further recommended that the City take a look at the SE boundary for
consideration as remaining R-2. Seconded by Dr. Lyke, the motion
carried unanimously.
4. OLD BUSINESS
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(a) REVIEW OF COMPREHENSIVE PLAN
Director Priebe reviewed the comprehensive map and how it is being
updated. He recommended that the Park and Recreation Board review
the plan in relation to the existing parks and anticipated park
lands. Mr. Ly 1 e Block of the Park Board was present. He stated
they would meet on May 7 and review the Comprehensive Plan Map.
Mr. Torgerson made a motion to have Park and Recreation Board
review Comprehensive Plan Map and relay recommendations to the
Planning Commission before their next meeting. Seconded by Mr.
Beytien, the motion carried unanimously.
5. NEW BUSINESS
(a) CONSIDERATION Of REQUEST FOR TEMPORARY SIGN AS SUBMITTED BY
JERRY BROWN
Administrator Plotz explained the request for a non -flashing,
portable sign to be used for Brown Greenhouse from April 24 to May
24.
Mr. Torgerson made a motion to recommend to City Council approval
of the temporary sign as requested. Seconded by Mr. Romo, the
motion carried unanimously.
(b) CONSIDERATION OF SETTING DIFFERENT MEETING DATE FOR JUNE
In order to allow staff to travel to the League of Cities
Convention on June 17, staff requested the meeting date be changed.
Mr. Torgerson made a motion to change the June regular meeting date
and time from Tuesday, June 17 at 7:30 P.M. to Monday, June 16 at
8:00 p.m. Seconded by Mr. Romo, the motion carried unanimously.
(c) CONSIDERATION OF SKETCH PLAN AS SUBMITTED BY ALTON ALBRECHT TO
COUNTY (WITHIN TWO MILE RADIUS)
Mr. James Slyter, developer of the proposed site, was present to
explain the proposed sketch plan. He stated that the Township had
discussed the plat and have some stipulations regarding drainage in
the area. (Letter from Hassan Valley Town Board was submitted.)
Director Priebe expressed his concern about the roadway on - -
southside of Lots 15 and 16 as it would become part of the future
"ring road" as shown on the comprehensive plan. He recommended
that the City obtain a 50' easement along south side of Lots 8-13,
and a 30' easement along the north side, so that the ring road
could be extended someday. He noted that the lots are oversized
for City lots, but must be 1 acre to meet County requirements.
Lots 13 and 14 don't appear to be an acre. If they are not, they
will have to be changed.
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After discussion, Mr. Torgerson made a motion to City Council that
the Planning Commission had no objection to the Sketch Plan as
presented, with the stipulation that the City obtain a 50' easement
along the southside and a 30' easement on the north side for future
roadway, and that a subdivision agreement be submitted. Seconded
by Dr. Lyke, the motion carried unanimously.
(d) REVIEW OF VARIANCE PROCEDURE
Administrator Plotz explained that he had recently attended a
workshop regarding variances. He reported that the law regarding
variances had changed in 1982, and that a variance can only be
given for a hardship - "practical difficulty" as stated in the
City's Zoning Ordinance is no longer allowed. Financial hardship
cannot be the only reason for granting a variance. Health reasons
are no longer sufficient. Administrator Plotz recommended that the
Planning Commission consider changing the Ordinance (page 22 -
Section "c") to bring it up to date.
Administrator Plotz further explained a new procedures cover sheet,
an evaluation worksheet and variance application form that would be
helpful to both the applicant and staff when considering a variance.
Administrator Plotz •also stated that the City Zoning Ordinance
requires public hearing notification to property owners within
500'. The State requires only 350' for a rezoning and leaves it up
to the City to determine the distance for other types of hearings.
He recommended that the City change their notification requirement
to 350' for all public hearing notifications.
After discussion, Mr. Romo made a motion to have the City Attorney
draw up necessary revisions and hold a public hearing regarding the
revisions at the next meeting. Seconded by Mr. Torgerson, the
motion carried unanimously.
Mr. Torgerson made a motion to proceed with new application form,
cover sheet and evaluation form as presented. Seconded by Mr.
Romo, the motion carried unanimously.
6. ADJOURNMENT
There being no further business, Mr. Beytien made a motion to adjourn
the meeting. Seconded by Mr. Torgerson, the motion carried unanimously
and the meeting was adjourned at 9:15 p.m.
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