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04-16-1985 PCM cI MINUTES HUTCHINSON PLANNING COMMISSION TUESDAY, APRIL 16, 1985 1. CALL TO ORDER The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Roland Ebent at 7:30 p.m., with the following members present: Marlin Torgerson, Elsa Young, Don Erickson, Larry Homo, Tom Lyke, Shu -Mei Hwang and Chairman Ebent. Members absent: None. Also present: City Administrator Gary Plotz, Director of Engineering Marlow Priebe and City Attorney James Schaefer. 2. MINUTES The minutes of the regular meeting, dated Tuesday, March 19, 1985, were approved as presented upon a motion by Mr. Erickson. Seconded by Mr. Homo, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY QUENTIN LARSON AND DOUG DOBRATZ Chairman Ebent opened the public hearing at 7:32 p.m. with the reading of publication #3398 as published in the Hutchinson Leader on Thursday, April 4, 1985. The request is for a conditional use permit to allow the moving of a house from 613 2nd Avenue SE to 535 Franklin Street South. Director Priebe explained that staff recommended the permit be approved. The proposed use was the same. Mr. Larson and Mr. Dobratz were present to explain the request. They intend to put the house onto a new basement, meeting all building codes and setback requirements. They plan to build a new garage behind the house and do some interior remodeling. They prefer to sell the house, rather than rent it. They stated that they spoke to 7 or 8 neighborhood residents who had no objection to the plan. Mr. John Fox of Four -Square Builders of Glencoe stated that they intend to build a new house for resale on the adjoining lot, and that they would rather see a new home on the lot next door. Mrs. Lucille Arlt was present on behalf of her father, Mr. Hugo Kuester of 506 Main Street South, and herself for her future interest in the property. She felt that the property should be updated and would be happy to see new construction go on that lot. She stated that the house to be moved was small and would not be an improvement to the area. Mr. Melvin Klockman of 545 Franklin Street South was present to state his concern about what type of resident the house proposed to go in might draw. Previous tennants had caused problems for his family. 1 Planning Commission Minutes April 16, 1985 Mr. Erickson asked if moving the house in would increase the drainage problem to the neighbors in the area. Director Priebe stated that it would not increase the problem that already exists. Discussion followed regarding possible solutions to the drainage problem in the area. Mr. Bob Evans of 516 Main St. South was present to state his concern about what new construction on those lots might cause in regard to increased drainage. It was pointed out that the City is presently investigating what can be done to solve the problem. 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 8:01 p.m. Mr. Torgerson made a motion to recommend to City Council approval of the conditional use permit as requested. Seconded by Mr. Romo, the motion carried unanimously. (b) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY LEONARD RIEMANN Chairman Ebent opened the hearing at 8:03 p.m. with the reading of publication #3401 as published in the Hutchinson Leader on Thursday, April 49 1985. The request is for a conditional use permit to allow the operation of a convenience store/gas station on the property located at 640 Hwy 7 East, (the former A & W site). City Administrator Plotz explained that the permit is necessary for any gas station in a C-4 zone. Staff had recommended approval, as they felt it was an appropriate use for the area. Mr. William Haas, local attorney, was present to represent Mr. Riemann, who was also present. Mr. Erickson made a motion to close the public hearing at 8:05 p.m. Seconded by Mr. Torgerson the motion carried unanimously. Mr. Erickson made a motion to recommend to City Council approval of the conditional use permit as requested. Seconded by Mr. Torgerson, the motion carried unanimously. (c) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY LEONARD RIEMANN (SIDEYARD SETBACK REDUCTION) Chairman Ebent opened the public hearing at 8:05 p.m. with the reading of publication #3403 as published in the Hutchinson Leader on Thursday, April 4, 1985. The request is for a variance of 111 to allow the construction of a convenience store/gas station 141 from the west sideyard property line on property located at 640 Hwy 7 East (former A & W site). The construction will be an addition to an existing building on the site. Attorney William Haas, representing Mr. Riemann, stated that to change the building plan to meet the setback requirement of the 2 Planning Commission Minutes April 16, 1985 ordinance would be economically impractical and Mr. Riemann would not be able to proceed with the project. By moving or razing the building, Mr. Riemann would lose some of the equity and would not be able to obtain the necessary financing. It would be difficult to change the interior floor plan of the store as proposed and still make use of the existing building. Alternative building layouts were discussed - none of which were acceptable to Mr. Riemann in terms of economically being able to proceed with the project. Discussion of demonstrated hardship followed. Attorney Haas stated that without the variance, he felt his client would not be able to put his property to a reasonable use (convenience store/gas station, and the alternatives (moving, razing) were economically impractical. Mr. Erickson questioned whether or not Mr. Riemann had created his own hardship. The possibility of changing the west lot line, by detaching the necessary 11' from the neighboring lot and attaching it to the lot in question was discussed. Mr. Riemann is purchasing both lots by contract at this time. He felt that possibility could be pursued. After discussion, Mr. Torgerson made a motion to continue the hearing until the next regular meeting of the Planning Commission, Seconded by Dr. Lyke, the motion carried unanimously. (d) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY LEONARD RIEMANN (FRONTYARD SETBACK REDUCTION) Chairman Ebent opened the public hearing at 8;40 p.m. with the reading of -publication #3402 as published in the Hutchinson Leader on Thursday, April 4, 1984. The request is for a 10' variance to allow the installation of gas pumps 15' from the frontyard property line on the property located at 640 Hwy 7 East (former A & W site). Attorney Haas, representing Mr. Riemann, stated that the hardship demonstated in the first request also applied to this request. He asked if the City was justified in asking him (Mr. Riemann) to move or raze the existing building, and if the City did, it would be an undue hardship. Alternative places for the pumps were discussed, including locating them to the east of the proposed convenience store. A question about the canopy having to meet the setback was raised. Administrator Plotz explained that in the past it had been determined that the canopy did not have to meet the setback requirement. Dr. Lyke raised a question about the required 151 of landscaped area. As it is a ditch and already blacktopped, it was felt that this would not be a problem. If the location were in a residential area, the landscape are would be more of an issue. F Planning Commission Minutes April 16, 1985 Mr. Hwang stated that he felt this hardship is self-created because this is a building that could be moved or razed so the property can be used as proposed. He felt it was a matter of whether or not Mr. Riemann would be willing or able to spend the money to do it. After discussion, Mr. Torgerson made a motion to close the hearing. Seconded by Mr. Homo, the motion carried unanimously and the hearing was closed at 9:10 p.m. Mr. Torgerson made a motion to recommend to City Council approval of the variance as requested. Seconded by Mr. Homo, the motion carried, with Mr. Erickson and Mr. Hwang voting nay. 4. OLD BUSINESS (a) CONSIDERATION OF SITE PLAN REQUIREMENT FOR REZONING Administrator Plotz explained that at the Minnesota Planner's Conference, a panel had discussed the site plan requirement for rezoning. The site plan requirements of various communities vary in complexity and length, but he felt the general consensus of the panel had been in support of the site plan requirement. Discussion followed. Mr. Torgerson stated that he felt a site plan gave the City some latitude in what might go in to a certain area. Mr. Erickson raised a concern about a site plan requirement being such that it might hinder possible development. Director Priebe stated that as newly annexed property comes into the City as R-2, the site plan requirement shouldn't prevent the City from rezoning those areas in accordance with the comprehensive plan. It was also brought out the site plan would be for the initial proposal and request for rezoning and would not be required once the property was rezoned. After discussion, City Attorney Schaefer was asked to prepare a sample amendment to the Zoning Ordinance with the site plan requirement for a rezoning request. (b) DISCUSSION OF SIGN ORDINANCE It was the consensus of the Planning Commission to put discussion of signs that are not conforming to the ordinance (Cameo Cleaners, Hennen Furniture, Century 21) on next month's agenda, to work to finally resolve the issue. (c) DISCUSSION OF CONTINUING EDUCATION FOR PLANNING COMMISSION MEMBERS Dr. Lyke asked about the possibility of continuing education requirement for members of the Planning Commission. Discussion followed. No action was taken. City Attorney Schaefer noted that the zoning ordinance and subdivision ordinance were to be updated and that Planning Commission members should review them to find any contradictions, out-of-date requirements, etc. Director Priebe noted 4 Planning Commission Minutes April 16, 1985 that the subdivision ordinance should also be gone over in detail to get it updated. 5. NEW BUSINESS (a) PRESENTATION BY JOHN KORNGIEBEL REGARDING NEW FIRST STATE FACILITY Postponed to next meeting. (b) CONSIDERATION OF SKETCH PLAN SUBMITTED BY GERALD GASSMAN (WITHIN TWO MILE RADIUS) It was noted that this is a request that had already been approved by the Planning Commission, but the time limit had run out before the applicant had proceeded with the project, so it had to be resubmitted. Mr. Homo made a motion to recommend approval of the sketch plan as submitted. Seconded by Mr. Hwang, the motion carried unanimously. (c) CONSIDERATION OF COMPREHENSIVE PLAN MAP Director Priebe reviewed the comprehensive plan map. He suggested some possible changes on the northeast side of the map due to the ownership and expansion of Hutch Technology, and on the southeast end of the map due to the site for the new waste water treatment plant. After discussion, Mr. Erickson made a motion to continue consideration of the comprehensive plan map until the next regular meeting, when more information regarding waste water treatment plant site will be available. Seconded by Mr. Homo, the motion carried unanimously. W. CONSIDERATION OF FRANK FAY HOTEL REDEVELOPMENT PROJECT City Administator Plotz reviewed the proposed Frank Fay hotel redevelopment project and its relation to the City's comprehensive plan. After discussion, Mr. Homo made a motion to recommend the approval of the concept of the renovation of the Hutch Hotel as proposed in the Frank Fay Hotel Redevelopment project. Seconded by Mr. Erickson, the motion carried unanimously. (e) DISCUSSION OF COMMUNICATIONS REGARDING PLATTING DONE WITHIN TWO MILE RADIUS OF THE CITY Director Priebe explained that recently the County Planning Commission approved a plat (Herb Filk Preliminary Plat) without the approval of the City. The City was awaiting documentation from the township relating their action on the plat. Director Priebe felt that the Planning Board should be made aware of the lack of communciation about such projects between the various governmental units and asked that the Planning Commission send their chairman 5 Planning Commission Minutes April 16, 1985 with Mr. Priebe to speak to them at their meeting on Wednesday, April 24, at 10;00 a.m. Mr. Torgerson made a motion that Director Priebe and Chairman Ebent attend the meeting on behalf of the Planning Commission. Seconded by Mrs. Young, the motion carried unanimously. 6. ADJOURNMENT There being no further business, Mr. Erickson made a motion to adjourn the meeting. Seconded by Mr. Hwang, the motion carried unanimously and meeting was adjourned at 10;45 p.m. C�