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02-18-1985 PCM cMINUTES HUTCHINSON PLANNING COMMISSION MONDAY, FEBRUARY 18, 1985 1. CALL TO ORDER The regular meeting of the Hutchinson Planning Commission was called to order by Chairman Larry Romo at 7:30 p.m., with the following members present: Marlin Torgerson, Elsa Young, Roland Ebent, Don Erickson, Tom Lyke, Shu -Mei Hwang and Chairman Romo. Members absent: None. Also present: City Administrator Gary D. Plotz, Building Official Homer Pittman, Fire Marshal George Field and City Attorney James Schaefer. 2. MINUTES The minutes of the regular meeting, dated Tuesday, January 15, 1985, were approved as presented upon a motion by Mr. Torgerson. Seconded by Mr. Erickson, the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONTINUATION OF REZONING REQUEST AS SUBMITTED BY ROBERT HORNICK (C-2) Chairman Romo reconvened the hearing at 7:30 p.m. with the reading of publication #3361 as published in the Hutchinson Leader on Thursday, January 3, 1985. The request is to rezone property located at 29 4th Ave. N.W. and a portion of the lot located at 402 Main St. North, from R-2 to C-2 for the purpose of providing a parking lot to the adjoining Gas Hutch. Mr. Hornick also proposes some upgrading and expansion of the present station. There was no one present regarding the request. As there had been no change from an earlier request which the Planning Commission had recommended be rejected, it was the consensus of the Commission to proceed. Dr. Lyke made a motion to close the public hearing at 7:32 p.m. Seconded by Mr. Erickson, the motion carried unanimously. Mr. Erickson made a motion to recommend to City Council that the rezoning as requested be rejected. Seconded by Mr. Torgerson, the motion carried unanimously. (b) CONTINUATION OF REZONING REQUEST AS SUBMITTED BY ROBERT HORNICK (IC -1) Chairman Romo reconvened the hearing at 7:32 p.m. with the reading of publication 43364 as published in the Hutchinson Leader on Thursday, January 3, 1985. The request is to rezone property lcoated at 35 4th Ave. N.W. from R-2 to IC -1. There was no one present regarding the request. In discussion at the previous hearing, it was determined that zoning this one lot IC -1 would be spot zoning, and the Planning Commission would prefer to consider IC -1 zoning for both areas. Mr. Torgerson made a motion to close the hearing at 7:35 p.m. Seconded by Mrs. Young, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council that the request be rejected. Seconded by Mr. Erickson, the motion carried unanimously. (c) CONSIDERATION OF VARIANCE AS REQUESTED BY ROBERT MCGEE Chairman Romo opened the hearing at 7:35 p.m. with the reading of publication #3378 as published in the Hutchinson Leader on Thursday, February 7, 1985. The request is for a 7.81 variance to allow the construction of a proposed upper level onto an existing basement foundation, with an attached 18' by 25' garage and a front porch, 81 from the frontyard property line, on property located at 173 5th Ave. N.E. It was determined that the average frontyard setback for that area is 15.81. City Administrator Plotz stated that the Planning Commission had previously approved a sideyard variance for the same structure. At the time of that request, the survey did not show the garage extending to the front or the front porch. When staff was made aware of those plans, it was determined another variance is required. Mr. Robert McGee was present to explain the request. He raised a question about the necessity of the variance. There was discussion about whether or not the "street line" was to be used or the "property line". Building Official Pittman maintained that the variance was necessary because of the the average setbacks of the surrounding homes. It was also noted that there was an unusually long boulevard in this area - 221. Mr. Ebent raised a question about adequate parking. It was decided parking was available. After discussion, Mr. Torgerson made a motion to close the hearing at 7:44 p.m. Seconded by Mr. Hwang, the motion carried unanimously. Mr. Torgerson 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 CONDITIONAL USE PERMIT AS REQUESTED BY FARID CURRIMBHOY (MONTESSORI SCHOOL/DAY CARE CENTER) Chairman Romo opened the heairng at 7:45 p.m. with the reading of publication #3379 as published in the Hutchinson Leader on Thursday, February 7, 1985. The request is for a conditional use permit to allow the operation of a Montessori School/Day Care Center in the lower level of a proposed duplex on property located at 504 East Highland Drive in an R-2 zone. City Administrator Plotz explained that this was similar to the request considered at the January meeting, but was for a different location. He also noted that the new plan had one less classroom so less parking was required. Mr. Farid Currimbhoy was present to state that he had spoken to the neighboring property owners and their only request was for a "slow" traffic sign to be erected to protect neighborhood children as well 2 as those who might be attending the school. He further explained that after the project received City approval, it must still be approved by the Department of Human Services. Mrs. Lyle Emme, 524 Highland Park Drive, stated that as neighbors, they would have no objection to the proposed school/day care operation. Mr. Ebent asked about the difference between a nursery school and a day care center regarding "home occupation" and what is allowed by our ordinance. City Attorney Schaefer responded that "home occupation" is defined as something that is "incidental to the residence and occupies a certain percentage (25%)." He further stated that as this proposal is for the lower level to be occupied as a nursery school and the upper level a home, it was not incidental to the residence. Nursery schools and day care operations are required to meet the same safety requirements by the State. A difference is that the nursery school may require more certified personnel. After discussion, Mr. Erickson made a motion to close the hearing at 7: 50 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. (e) CONSIDERATION OF AMENDMENT TO SUBDIVISION ORDINANCE 4466, SECTION 4.25 Chairman Romo opened the hearing at 7:55 p.m. with the reading of publication 443380 as published in the Hutchinson Leader on Thursday, February 7, 1985. The proposal is to amend Subdivision Ordinance #466 Section 4.25, to increase the numbers of days al- lowed before a final plat must be filed with the register of deeds after it has been approved by City Council. After discussion, Mr. Torgerson moved to close the hearing at 7:57 p.m. Seconded by Mrs. Young, the motion carried unanimously. Mr. Torgerson made a motion to recommend to City Council approval of changing the 90 days to 270 days as proposed. Seconded by Mr. Ebent, the motion carried unanimously. 4. OLD BUSINESS (a) REVIEW OF SITE PLAN REQUIREMENT FOR REZONING REQUESTS Mr. Gunnar Isberg, Planning Consultant from Northfield Minnesota, presented alternative approaches for requiring site plans as part of the development process as it relates to rezoning. He supplemented his presentation with written handouts detailing the alternatives and answered questions of those in attendance. After the discussion, it was the consensus of the Commission that they would like to study the alternatives as presented before making a recommendation to the City Council. 3 5. NEW BUSINESS (a) ELECTION OF OFFICERS Chairman Larry Romo nominated Mr. Roland Ebent as Chairman, Mr. Shu -Mei Hwang as Vice -Chairman and Mrs. Elsa Young as Secretary of the Planning Commission for 1985. Dr. Lyke made a motion that nominations be closed. Seconded by Mr. Erickson, the motion carried unanimously. Dr. Lyke made a motion that the board cast a unanimous vote for the ballot as presented. The motion was seconded by Mr. Erickson, and unanimously carried. (b) CONSIDERATION OF PRELIMINARY PLAT OF "HASSAN HEIGHTS" (Within two mile radius of City) City Administrator Plotz explained that as requested by the Director of Engineering, the City had recently been requiring official word from the Town Board where the proposed plat is located before taking any action. Mr. Torgerson made a motion to continue this request until the next regular meeting of the Planning Commission. Seconded by Mr. Hwang, the motion carried unanimously. 6. ADJOURNMENT There being no further business, Mr. Torgerson made a motion to adjourn the meeting at 9:35 p.m. Seconded by Mrs. Young, the motion carried unanimously. ti 4