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07-15-1986 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 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: Shu -Mei Hwang, Thomas Lyke, Larry Romo, Marlin Torgerson, Elsa Young and Chairman Ebent. Members absent: Spencer Beytien. Also present: City Administrator Gary Plotz, Director of Engineering Marlow Priebe, City Attorney James Schaefer. 2. MINUTES Mr. Torgerson made a motion to approve the minutes of the regular meeting dated Monday, June 16, 1986. Seconded by Mr. Romo, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY HILLYARD, INC. Chairman Ebent opened the public hearing at 7:35 p.m. with the reading of publication #3574 as published in the Hutchinson Leader on Thursday, July 3, 1986. The request is fora variance to allow the construction of a 50' by 100' building addition 4.7' from the sideyard property line on property located at 425 California Street. Chairman Ebent noted that the planning staff recommendation was to reject the variance as there are various other options for an addition that would not require a variance. Administrator Plotz added that there is still a reasonable use for the property. For example, a 75' by 77' addition would give them more square footage and meet the setback requirements. Attorney Schaefer stated that in discussion with representatives of Hillyard, they expressed their concern about the building department encouraging them to apply for a variance as it was a reasonable request and would be approved. They also stated that the ordinance requirements for a variance will make it very difficult for anyone to obtain a variance in the future. It was pointed out that with the addition as proposed, they would not be able to get equipment around the building without trespassing onto adjoining property. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Romo, the motion carried unanimously and the hearing was closed at 7:45 p.m. Mr. Torgerson made a motion to recommend to City Council the request be rejected as it doesn't meet the statutory test (of reasonable use). Seconded by Mr. Romo, the motion carried unanimously. 1 (b) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY SCHOOL DISTRICT #423 Chairman Ebent opened the public hearing at 8:45 p.m. with the reading of publication #3575 as published in the Hutchinson Leader on Thursday, July 3, 1986. The request is for a conditional use permit to allow the construction and operation of an elementary school and playground on property located in an R-2 zone. Superintendent Glenn Matejka and project architect, Mr. John Korngiebel were present to explain the proposal. Chairman Ebent noted staff concern about an on-site hydrant, emergency vehicle roadway and an on-site drainage plan. Mr. Korngiebel responded that he had spoken to Fire Marshal George Field and had agreed to provide the necessary hydrant as well as put in an entrance at the right rear and provide a paved way to entrances, one on each end, for emergency vehicles. In regard to drainage, Mr. Korngiebel responded that they do not have the site grading plan finished but that the site will drain well. For the hard surfaces a catch basin will be provided and roof drains will tie into the catch basin and storm sewer system. After discussion, Mr. Hwang made a motion to close the hearing. Seconded by Mr. Torgerson, the motion carried unanimously and the hearing was closed at 7:50 p.m. Mr. Hwang made a motion to recommend to City Council approval of the conditional use permit as requested. Seconded by Mr. Romo, the motion carried unanimously. (c) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY MARIE EWALD Chairman Ebent opened the public hearing at 7:50 p.m. with the reading of publication #3577 as published in the Hutchinson Leader on Thursday, July 3, 1986. The request is for a conditional use permit to allow the operation of a boarding and lodging home for the elderly on property located in an R-2 zone. Chairman Ebent noted staff concern about providing a registered land survey showing location of buildings in order to determine if there is room for adequate parking on the site. Mr. and Mrs. Henry Ewald were present to explain the request. They had a survey of the property, but it did not show the location of existing buildings. There was discussion of the parking situation. The five required spaces as shown on the drawing were not acceptable due to the fact that the spaces cannot be stacked behind one another. Two spaces are counted for the double garage and two spaces outside of the garage. Director Priebe explained that without a survey showing existing buildings, it would not be possible to determine where another space might be. Mr. and Mrs. Joe Dansereau, owners of neighboring property at 45 and 47 Northwoods Avenue expressed their concern about the parking, appearancewise. They also were concerned about how the interior 2 would be remodeled to accomodate the residents. Mr. and Mrs. Ewald explained that the State department for licensing boarding and lodging homes had approved this house for 8 people. There would be very little interior remodeling - only that required to meet fire and building codes. Chairman Ebent stated that he had received a call from Mr. Darrell Haugen, neighboring property owner, who had some concern about the proposal. City Administrator Plotz expressed his concern is with the intensity of the land use in an R-2. He stated that based on the drawing provided the lots is less than 10,000 square feet required for a duplex in an R-2 zone. He stated that the other two boarding homes previously approved are located in commercial districts. Mr. Ewald responded that the state would not license this site as commercial. There was discussion of the number of families allowed. City City Attorney Schaefer explained that a family is any number of related persons and up to 5 people if not related. Therefore, this duplex can house up to ten unrelated people. Mr. Rano stated that his concern was the parking. Putting in more parking would not fit in with the character of the neighborhood. There was discussion of granting the permit but stipulating number of residents and/or number of parking spaces, which would limit the number of residents. After further discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mrs. Young, the motion carried unanimously and the hearing was closed at 8:27 p.m. Mr. Torgerson made a motion to reject the request due to the density of use, due to size -of lot and that it also lacks space required for parking. The motion was seconded by Mr. Hwang. Discussion followed. Mrs. Young stated she felt the applicants should be given time to come up with a different plan showing adequate parking, if possible. It was pointed out that they could bring such a plan before the City Council who could overrule the Planning Commission if they felt requirements were met. Mr. Romo stated that he would prefer to approve the permit with limited parking. After disuccsion, the motion passed with Mr. Romo, Mr. Torgerson, Mr. Hwang and Mr. Ebent voting yes and Dr. Lyke and Mrs. Young voting no. (D) CONSIDERATION OF VACATION OF UTILITY EASEMENTS AS PETITIONED BY RICHARD SCHMIDTBAUER (Mr. Romo stated that he would not be taking part in the discussion or action on this request due to interest in property.) Chairman Ebent opened the hearing at 8:30 p.m. with the reading of publication #3578 as published in the Hutchinson Leader on 3 Thursday, July 3, 1986. The request is for the vacation of 6' utility easements lying on each side of the south line of Lot 1 and the north line of Lot 2 and the south line of Lot 2 and the north line of Lot 3 for the entire length of said lots, Block 2, Orchard Park First Addition. Mr. Richard Schmidtbauer was present to explain the request. He stated that these were normal side lot easements; however, Mr. Schmidtbauer had used two lots for multiunit buildings and there was no present or future use for the easements by the utilities.- Director tilities. Director Priebe stated that he had no problem with the vacation.- Mr. acation. Mr. Hwang made a motion to close the hearing. Seconded by Mrs. Young, the motion carried unanimously and the hearing was closed at 8:35 p.m. Mr. Hwnag made a motion to recommend to City Council approval of the vacation of easements as applied for by Mr. Schmidtbauer. Seconded by Mr. Torgerson, the motion carried unanimously. (E) CONSIDERATION OF AMENDMENT TO ZONING ORDINANCE #464 SECTION 7.09 YARD SPACE ENCROACHMENTS Director Priebe stated that the publication was missing a change about easements that had been discussed and recommended that the notice be republished. Mr. Torgerson made a motion to table until August. Seconded by Mr. Hwang, the motion carried unanimously. 4. OLD BUSINESS (a) DISCUSSION OF RENTAL HOUSING REGISTRATION AS REQUESTED BY CITY COUNCIL Chairman Ebent stated that the City Council has requested that the Planning Commission continue to study and pursue a rental housing registration ordinance. During discussion it was pointed out that various cities with similar types of rental housing needs (communities with colleges, for example) should be contacted regarding rental housing registration. It was suggested that the approach be gradual. Administrator Plotz stated that the intent of rental housing registration is for the health and safety of the occupants. It was further pointed out that such registration will also be in the interest of the landlords. After discussion, it was the consensus of the commission to study rental housing registration over the course of the next few months before bringing a recommendation to the City Council. 5. NEW BUSINESS (a) PRESENTATION OF PROPOSED POLICE STATION City Administrator Plotz stated that the proposed police station will be built on a site that adjoins residential property. The 4 ordinance requires a 50' setback from a residential zone. ISD 1423 will apply to rezone a portion of two lots in an adjoining block from R-2 to C-3 to allow for a parking lot. As rezoning these lots would also allow the construction of the proposed police station without a variance, it is the recommendation of City staff to rezone all of the remaining R-2 lots in those two blocks to C-3. Discussion followed. It was the consensus of the commission that there is a definite trend toward commercial for those two blocks. After discussion, Mr. Torgerson made a motion to set a public hearing considering the rezoning of those lots from R-2 to C-3, for August 19. Seconded by Mr. Romo, the motion carried unanimously. (b) DISCUSSION OF EXISTING BOARDING HOME FOR THE ELDERLY/ NO C.U. PERMIT Director Priebe stated that some of the staff are aware of an existing boarding home for the elderly located in an R-2 zone who have not obtained a conditional use permit to allow operation. After discussion, Mr. Torgerson made a motion that the City Attorney proceed with necessary action to bring operation into compliance with City Ordinance. Seconded by Mr. Hwang, the motion carried unanimously. Chairman Ebent stated that he feels there is a lot of "gray area" regarding the requirements for boarding homes for the elderly in residential zones. He asked staff to look into various requirements and come up with some suggestions for making requirements m 6. ADJOURNMENT ore specific. There being no further business, Mr. Romo made a motion to adjourn the meefLng. Seconded by Mrs. Young, the meeting was adjourned at 9:20 p.m. 5