08-20-1985 PCM cPlanning Commission Minutes - 8/20/85
Minutes
Hutchinson Planning Commission
Tuesday, August 20, 1985
1. CALL -TO -ORDER
The meeting was called to order by Chairman Roland Ebent at 7:30 p.m.,
with the following members present: Marlin Torgerson, Elsa Young, Don
Erickson; Shu -Nei Hwang, Larry Romo and Chairman Ebent: Members absent:
Thomas Lyke. Also present: City Administrator Gary D: Plotz, Director of
Engineering Marlow Priebe and City Attorney James Schaefer.
2. MINUTES
The minutes of the regular meeting dated Tuesday, July 16, 1985, were
approved as presented on a motion by Mr. Torgerson. Seconded by Mr.
Romo, the motion carried unanimously.
3. PUBLIC HEARINGS
(a) CONSIDERATION OF VACATION OF EASEMENT AS PETITIONED BY PAT SPAUDE
Chairman Ebent opened the public hearing at 7:35 p.m. with the
reading of publication #3444 as published in the Hutchinson Leader on
Thursday, August 8, and Tuesday, August 13, 1985. The petition s
for the vacation of a 6' by 130' utility easement on property
described as Lot 2, Block 2, Helland's Third Addition.
Chairman Ebent explained that the Planning Commission had recommended
approval of the vacation of Park Lane as petitioned by Mr. Spaude in
February of 1985. This created a new lot line and new utility
easements along that line were established. The existing utility
easement was overlooked at the time and Mr. Spaude cannot proceed
with his building plans until the easement is vacated.
Mr. Erickson made a motion to close the hearing. Seconded by Mr.
Torgerson, the motion carried unanimously and the hearing was closed
at 7:38 p.m. Mr. Torgerson made a motion to recommend to City
Council approval of the vacation as requested. The motion was
seconded by Mr. Hwang. Discussion followed regarding plans for a
future street behind the lots in question. City Administrator Plotz
explained that it was his understanding that there would be another
street between 7th and 8th avenues rather than a central green area
as once planned. The motion to recommend approval of the petition to
vacate the easement carried unanimously.
(b) CONSIDERATION OF VACATION OF STREET AS PETITIONED BY PURE CULTURE
PRODUCTS
Chairman Ebent opened the public hearing at 7:40 p.m. with the
reading of publication #3445 as published in the Hutchinson Leader on
Thursday, August 8, and Tuesday, August 13, 1985. The request is to
vacate the Washington Street right of way 39' south of the north
property line of property abutting Lots 4, 5, 6, 7, 8, 9 and 10 of
Planning Commission Minutes - 8/20/85
Block 46 North 1/2 City.
Staff recommended approval as the remaining 60' is adequate for a
street.
Mr. Torgerson stated that he had received notice from the Hutchinson
Utilities Company that they would like an easement for a 6" gas main
located southwest of the spur track; other than that, they have no
objections to the request.
Administrator Plotz explained that the request is to provide room for
a loading dock for unloading raw materials. The new loading area
would be a much safer area than they have at present as the material
is flammable (alcohal).
Chairman Ebent stated his concern about the fairness of granting such
a vacation. He felt that it would be more fair to grant a 19.5'
vacation, leaving the 60' required for a street and 19.5' for the
property owners to the south, in the event that they might ask for a
vacation. He also stated his concern about traffic going west on
Washington driving into the wrong lane of oncoming traffic.
Director Priebe stated that the street is used mainly by Pure Culture
Products and Hutch Agri -Tech. There is only one residence on the
south side of the street. Mr. Romo stated that he had no problem
with the request because of the location. Mr. Erickson asked if a
site plan could be provided.
After discussion, Mr. Torgerson made a motion to close the hearing.
Seconded by Mr. Erickson, the motion carried unanimously and the
hearing was closed at 7:54 p.m. Mr. Romo made a motion to recommend
to City Council approval of the vacation as requested, contingent
upon the 6" easement for the gas main and any other necessary
easements (railroad and/or City) provided, and upon a site plan of
the proposed loading dock being provided for the City Council
meeting. Seconded by Mr. Torgerson, the motion carried, with
Chairman Ebent voting "no".
(c) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY GAIL PLAISANCE
Chairman Ebent opened the hearing at 7:55 p.m. with the reading of
publication #3446 as published in the Hutchinson Leader on Thursday,
August 8, and Tuesday, August 13, 1985. The request is for a 19'
variance to allow the construction of an attached double garage with
living area 6' from the rearyard property line, and a variance to
allow a 7' by 20' deck on the north side of the existing house on
property located at 509 Linden Avenue.
Mr. Gail Plaisance was present to explain that since he had discussed
this with the Planning Commission (June meeting), the contractor had
recommended that living space be added above the proposed garage.
Other than that, the request was what had been discussed previously.
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PLANNING COMMISSION MINUTES - 8/20/85
Chairman Ebent explained that this situation was unusual due to the
fact that the rearyard appeared as a sideyard. Mr. Romo commented
that he thought 31' was a large garage. It was noted that the length
wasn't affected by the variance because the required 6' on the
sideyard was allowed.
City Administrator Plotz stated that the staff recommendation was
based upon the fact that the variance would allow the site to be more
aesthetically pleasing. During discussion it was noted that by
forcing a detached garage on the property by denying the variance
would be defeating the purpose of having a more attractive site. The
variance would not create a safety or health hazzard.
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 8:07 p.m. Mr. Romo made a motion to recommend
to City Council approval of the variance as requested. Seconded by
Mr. Hwang, the motion carried unanimously.
(d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "SHADY HAVEN" AS
PROPOSED BY RICHARD AND LINDA MARTIN
Chairman Ebent opened the hearing at 8:05 p.m. with the reading of
publication #3447 as published in the Hutchinson Leader on Thursday,
August 8, and Tuesday, August 20, 1985, The propose pat is located
on the west side of Shady Ridge Road and is described as "That part
of the South Half of the South Half of Government Lot 2, Section 35,
Township 117 North, Range 30 West of the Fifth Principal Meridian,
described as beginning at the southeast corner of said Government Lot
2; thence northerly along the east line of said Government Lot 2 to
the northeast corner of said South Half of the South Half; thence
South 88 degrees 07 minutes 43 seconds West, along the south line of
the plat of SHADY RIDGE as said plat is monumented, to the easterly
shore line of Campbell Lake (the north line of said South Half of the
South Half is assumed to have a bearing of South 89 degrees 37
minutes 37 seconds West): thence southerly, along said shore line,
to the south line of said Government Lot 2; thence easterly along
said south line, to the point of beginning.
Richard Martin was present to explain the proposal. He explained
that the unusual contour of the property (ravines, low spots, etc.)
allowed for only three building sites. He was aware of Director
Priebe's memo outlining requirements for the subdivision agreement
that will be required and stated they would be in compliance with
those requirements.
Mr. Ebent read a letter from the Utilities Commission asking for 10'
utilities easements on all lot lines. It also stated that after the
utilities are installed, if any lot lines change, the developer would
bear the cost of moving utilities. Mr. Martin stated that they would
provide the 10' easements as requested.
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 8:09 p.m. Mr. Torgerson made a motion to recommend to
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PLANNING COMMISSION MINUTES - 8/20/85
City Council approval of the preliminary and final plat with the 10'
utility easements as requested, and contingent upon the subdivision
agreement including the recommendations as per Director Priebe's
memo. Seconded by Mr. Erickson, the motion carried unanimously.
(e) CONSIDERATION OF VARIANCE AS REQUESTED BY SUMIKO NELSON
Chairman Ebent opened the hearing at 8:10 p.m. with the reading of
publication #3448 as published in the Hutchinson Leader on Thursday,
August 8, and Tuesday, August 13, 1985. The request is for a 13.25
variance to allow the construction of an attached double garage 6'
from the frontyard property line on property located at 476 Bluff
Street North.
Chairman Ebent read staff's recommendation for approval based upon
unusual circumstances (steep hill), excessive boulevard width, and
the fact that there are no long range plans for sidewalk. Mr.
Torgerson commented that he had gone to look at the site and noted
the very high hill and the fact that most of the garage would not be
seen. He noted that this is the only lot served from the Bluff
Street side and that the other homes get to their garages from the
alley.
Chairman Ebent noted his concern that the Commission may be setting a
precedent by granting a variance to allow a garage 6' from the
frontyard property line. It was noted that similar variances have
already been granted.
Mr. Romo stated that he felt the situation was unique because of the
steep hi 11. He al so stated that the wide boul evard woul d al 1 ow
enough room for off-street parking.
Julie Schaefer was present to state that the existing situation would
have to be corrected as the wall was giving way to allow rain and
snow to run down into the house. She stated that maintenance was
a problem for her mother, Mrs. Nelson. They did not feel that put-
ting the garage in the back was a solution.
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 8:20 p.m. Mr. Romo made a motion to recommend
to City Council approval of the variance as requested. Seconded by
Mr. Torgerson, the motion carried unanimously.
4. OLD BUSINESS
(a) CONSIDERATION OF SKETCH PLAN AS SUBMITTED BY GEORGE HERBERT TO THE
COUNTY (WITHIN THE TWO MILE RADIUS)
Director Priebe explained that he recommended approval of the concept
of the sketch plan as it had been changed and was now being
presented. He stated that when the Preliminary Plat is presented
with more detail and contours they will be better able to review the
possible water problems in the area. He noted that it would be
some time before this would come into the City, but that roadway
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PLANNING COMMISSION MINUTES - 8/20/85
costs could be extensive.
After discussion, Mr. Torgerson made a motion to recommend approval
of the preliminary sketch plan, with all stipulations as listed by
Director Priebe. Seconded by Mr. Erickson, the motion carried unani-
mously.
(b) REVIEW OF MILLER TOWNHOUSE THIRD ADDITION
Director Priebe presented the layouts of this P.U.D. as it was
progressing. He noted some minor changes, as in the number of Units
per building (2 rather than 3).
5. NEW BUSINESS
(a) CONSIDERATION OF FINAL PLAT OF HASSAN HEIGHTS (WITHIN TWO MILE
RADIUS)
Director Priebe stated that they had completed the subdivision
agreement with Mr. Herb Filk (developer) and it would be recorded
with the final plat. He noted that this is the first such
subdivision agreement with a developer outside the City limits.
Mr. Torgerson made a motion to recommend approval of the final plat
as presented. Seconded by Mr. Hwang, the motion carried unanimously.
(b) DISCUSSION OF SIGN REQUEST BY HENNEN FURNITURE
City Administrator Plotz explained that Hennen Furniture had
requested to put up a sign on their property on the south end of the
City (near the Prairie House south) advertising their downtown
business. As per City sign ordinance, the City had denied the
permit. He further explained that the letter from Hennen Furniture
explaining the request was to make the Planning Commission aware of
their disagreement with the policy.
(c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUEST AS SUBMITTED TO THE
COUNTY BY JIM HEIKES (within two mile radius)
Director Priebe explained that Mr. Heikes is requesting a
conditional use permit to allow retail sales (furniture) in the B-1
Highway Business District. The land use is compatible with what the
City projects would happen in that area (C-4).
After discussion, Mr. Erickson made a motion to recommend that the
City state they have no objection to the land use (retail sales) as
proposed. Seconded by Mrs. Young, the motion carried unanimously.
(d) REVIEW OF PROPOSED PLANNING COMMISSION BUDGET FOR 1986
City Administrator Plotz presented the budget as proposed. After
review, Mrs. Young made a motion to accept the proposed budget.
Seconded by Mr. Romo, the motion carried unanimously.
(e) REVIEW OF SECTION FIVE (5) SUBDIVISION ORDINANCE #466
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PLANNING COMMISSION MINUTES - 8/20/85
Director Priebe presented suggested changes for Section five.
5. ADJOURNMENT
There being no further business, Mr. Torgerson made a motion to adjourn
the meeting. Seconded by Mrs. Young, the motion carried unanimously and
the meeting was adjourned at 9:07 p.m.
M