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06-16-1992 PCM cMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 16, 1992 1. CALL TO ORDER The meeting was called to order by Chairman Clint Gruett at 7:30 p.m. with the following members present: ElRoy Dobratz, Tom Lyke, Craig Lenz, Bill Craig, Roland Ebent and Chairman Gruett. Members Absent: Dean Wood Also Present: Gary Plotz, City Administrator, John Rodeberg, City Engineer, and G. Barry Anderson, City Attorney. 2. MINUTES Mr. Lenz made a motion to approve the minutes of the regular meeting dated Tuesday, May 19, 1992. Seconded by Mr. Dobratz the motion carried unanimously. 3. PUBLIC HEARINGS (a) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2" Chairman Clint Gruett opened the hearing at 7:31 p.m. with the reading of publication #4389 as published in the Hutchinson Leader on Thursday, June 4, 1992. The request is for the purpose of considering a preliminary and final plat to be known as "HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2." City Administrator Gary Plotz commented on the plat and City Engineer John Rodeberg explained the location of the platted area and the need to vacate all right of ways in the plat. Mr. Plotz commented on the staff recommendation of approval. Mr. Dobratz moved to close the hearing, seconded by Mr. Lenz the hearing closed at 7:35 p.m. Mr. Dobratz made a motion to recommend approval to city council. Seconded by Mr. Ebent the motion carried unanimously. (b) CONSIDERATION OF VACATION OF ALL RIGHT-OF-WAYS WITHIN THE HUTCHINSON DOWNTOWN REDEVELOPMENT PLAT NO. 2 Chairman Gruett opened the hearing at 7:36 p.m. with the reading of publication #4390 as published in the Hutchinson Leader on Thursday, June 4, 1992, and Tuesday, June 9, 1992. The request is for the purpose of considering a request by city staff to vacate all right of ways within "Hutchinson Downtown Redevelopment Plat No. 2". HUTCHINSON PLANNING COMMISSION MINUTES 6/19/92 City Administrator Plotz explained the vacating of right of ways to facilitate the parking lot and commented on staff recommendation of approval. Mr. Lenz moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 7:37 p.m. Mr. Lenz made a motion to recommend approval to city council. Seconded by Mr. Dobratz the motion carried unanimously. (c) CONSIDERATION OF REZONING FROM I/C TO C-3 REQUESTED BY ERICKSON'S DIVERSIFIED FOR FESTIVAL FOODS STORE Chairman Gruett opened the hearing at 7:38 p.m. with the reading of publication #4391 as published in the Hutchinson Leader on Thursday, June 4, 1992. The request is for the purpose of considering a request by Erickson's Diversified to rezone property from I/C (Industrial/Commercial District) to C-3 (Central Commercial) located in the "Hutchinson Downtown Redevelopment Plat No. 211. City Administrator Gary Plotz explained the rezoning of Festival Foods Store area and Simonson's Lumber. He stated Simonson's was called on the request. City Engineer Rodeberg commented on extending the C-3 district and stated setbacks would remain the same. Mr. Ebent moved to close the hearing, seconded by Mr. Craig the hearing closed at 7:40 p.m. Mr. Ebent moved to recommend approval to city council. Seconded by Mr. Craig the motion carried unanimously. (d) CONSIDERATION OF CONDITIONAL USE PERMIT FOR CONSTRUCTION OF FESTIVAL FOODS STORE IN THE FLOOD PLAIN Chairman Gruett opened the hearing at 7:41 p.m. with the reading of publication #4392 as published in the Hutchinson Leader on Thursday, June 4, 1992. The request is for the purpose of considering conditional use permit requested by Erickson's Diversified for the construction of a Festival Foods Store in the flood plain. City Administrator Plotz explained the flood fringe in this area is not as much problem as it was on the Shopko site. HUTCHINSON PLANNING COMMISSION MINUTES 6/19/92 Mr. Tim Nelson, Everest Group, commented on the flood fringe and how it cuts through the building. Mr. Nelson then made a presentation regarding the proposed building. He stated the parking calculation will be met without the need of a variance. Mr. Plotz commented on the parking requirements. Mr. Nelson explained this store exterior will be similar to the Shopko store. He also presented a drawing of the store and commented on the landscaping. There was discussion on the truck entrance and exit from 1st Ave. to Washington Ave. Mr. Plotz commented on the Elks relocation to Hwy 7 E. with no immediate plans for a new location at this time. Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 7:51 p.m. Mr. Craig made a motion to recommend approval of the conditional use permit. Seconded by Mr. Dobratz the motion carried unanimously. (e) CONSIDERATION OF REZONING FROM R-2 TO C-2 REQUESTED BY PETE KASAL LOCATED ON SOUTH GRADE RD Chairman Gruett opened the hearing at 7:52 p.m. with the reading of publication #4393 as published in the Hutchinson Leader on Thursday, June 4, 1992. The request is for the purpose of considering a request by Mr. Pete Kasal to rezone property from R-2 (Multi -family Residence) to C-2 (Automotive/Service Commercial District) located in "Plaza Heights" on South Grade Road. City Administrator Gary Plotz commented on the site being proposed to be rezoned and explained the background and history of the area. He also commented on the Restrictive Covenants regarding the rezoning in 1982. City Attorney G. Barry Anderson stated it is his opinion there are not restrictive covenants in the traditional sense and stated in his opinion the document is an agreement between the owner and the city but was not recorded by the owner at the time. He commented this would be a policy call for the planning commission and city council. Mr. John Korngiebel commented on the proposal and the placement of the building on the lot. HUTCHINSON PLANNING COMMISSION MINUTES 6/19/92 Mrs. Lucille Dufresne, 1000 Sunset St., stated she is concerned with the rezoning and the type of building. Mrs. Valerie Doering, 954 Steven St., asked why Mr. Lipke would promise with a covenant and now how could this be changed. She also stated concern with the area being zoned commercial. City Attorney Anderson state the covenant did not apparently do what it was intended to do. Mr. Pete Kasal, explained the development of the property and how the building would look residential but would be a buffer between the commercial and residential area. He commented on the sketches submitted by the city and stated that restrictive covenants are generally recorded with the county which was not done in this case. Mr. Kasal stated the staff originally suggested approval of the project. Mrs. Edna Loncorich, 835 Chicago, voiced concern with commercial lots and asked about other commercial lots. Discussion followed on the increase of traffic. Mr. Ebent commented he asked the staff to research the issue and explained the agreement could carry weight. He commented on the office building being a buffer zone. Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 8:23 p.m. Mr. Craig made a motion to deny the request based on the restrictive covenant being a "good faith document". Seconded by Mr. Ebent the motion carried unanimously. (f) CONSIDERATION OF VACATION OF UTILITY EASEMENT SUBMITTED BY PETE KASAL LOCATED IN PLAZA HEIGHTS ON SOUTH GRADE RD Chairman Gruett opened the hearing at 8:24 p.m. with the reading of publication #4394 as published in the Hutchinson Leader on Thursday, June 4, 1992 and Tuesday, June 9, 1992. The request is for the purpose of considering a petition to vacate 135' utility easement located in "Plaza Heights". Mr. Craig moved to close the hearing, seconded by Mr. Lenz the hearing closed at 8:25 p.m. Mr. Craig made a motion to reject the request based on the outcome of the rezoning request. Seconded by Mr. Dobratz the motion carried unanimously. HUTCHINSON PLANNING COMMISSION MINUTES 6/19/92 (g) CONSIDERATION OF VARIANCE REQUESTED BY PETE KASAL FOR CONSTRUCTION OF OFFICE BUILDING ON SOUTH GRADE RD Chairman Gruett opened the hearing at 8:26 p.m. with the reading of publication #4395 as published in the Hutchinson Leader on Thursday, June 4, 1992. The request is for the purpose of considering a variance requested by Mr. Pete Kasal for reduction of setback to construct a 40' x 88' office building on South Grade Rd. Mr. Lenz moved to close the hearing, seconded by Mr. Dobratz the hearing closed at 8:27 p.m. Mr. Lenz made a motion to reject the request. Seconded by Mr. Dobratz the motion carried unanimously. (h) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY RICHARD LENNES TO MOVE HOUSE ON TO PROPERTY LOCATED AT 506 GLEN ST S Chairman Gruett opened the hearing at 8:28 p.m. with the reading of publication #4396 as published in the Hutchinson Leader on Thursday, June 4, 1992. The request is for the purpose of considering a conditional use permit requested by Mr. Richard Lennes to move a house on to property located at 506 Glen St S. City Administrator Gary Plotz commented on the proposal of moving the house. Mr. Plotz stated the staff recommended approval. Air. Dick Lennes stated the present house is not habitable and will be removed. His intention is to move the new house on to the property and add an addition to the house with an attached garage. There was discussion of the existing garage to be removed after the construction and remodeling in complete. Mr. Lennes requested the decision on the curb cut be made after the construction of the garage is complete. City Engineer Rodeberg stated that would be permitted. Mr. Ebent moved to close the hearing, seconded by Mr. Craig the hearing closed at 8:33 p.m. Mr. Ebent made a motion to recommend approval based on the understanding the present garage be removed after the project is completed and prior to sale of the property. Seconded by Mr. Craig the motion carried unanimously. Mr. Lyke commented on the removal of a gas line as requested by Hutch Utilities. HUTCHINSON PLANNING COMMISSION MINUTES 6/19/92 (i) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY CHAD UECKER TO MOVE A 1970 TRAILER HOME IN COUNTRY CLUB TERRACE Chairman Gruett opened the hearing at 8:34 p.m. with the reading of publication #4397 as published in the Hutchinson Leader on Thursday, June 4, 1992. The request is for the purpose of considering a conditional use permit requested by Mr. Chad Uecker to move a 1970 Artcraft trailer home on to property in Country Club Terrace Lot 46. City Administrator Plotz commented on the request as it relates to older trailer homes and the staff recommendations being building code issues. City Engineer John Rodeberg stated the items discussed by staff are to bring the home to building code. Discussion followed on the egress windows. Mr. Bill Block, owner of the mobile home park, stated his concern with the zoning ordinance regulating the trailers in the park. City Engineer Rodeberg explained the issues are for health and life safety and the city has the right to address those issues. City Attorney Anderson commented on the rights of the city and the owner and the ruling of the zoning ordinance. Mr. Block stated he would allow this home in his park. Mr. Craig moved to close the hearing, seconded by Mr. Ebent the hearing closed at 8:45 p.m. Mr. Craig made a motion to recommend approval of the request contingent on the building code issues being met. Seconded by Mr. Ebent the motion carried unanimously. (j) CONSIDERATION OF REZONING FROM R-2 TO C-4 REQUESTED BY CHARLES PEARSON FOR A CARWASH AT 902 HWY 15 S Chairman Gruett opened the hearing at 8:46 p.m. with the reading of publication #4398 as published in the Hutchinson Leader on Thursday, June 4, 1992. The request is for considering a request by Mr. Charles Pearson to rezone property from R-2 (Multi -family Residence) to C-4 (Fringe Commercial) for the construction of a carwash located on Hwy 15 S. City Attorney Gary Plotz commented on the request and the history of the lot to be rezoned. He explained City Staff interpreted this as spot zoning which is not allowed. HUTCHINSON PLANNING COMMISSION MINUTES 6/19/92 Mr. Myron Fischer, 325 Hwy 15 S, voiced his concern with no site plan being presented and possibly should be developed with a more residential use such as a condo. Mr. Gordon Bauer, 844 Brown St., voiced objection to a carwash in a residential area. Mr. Dick Jensen, 216 Lynn, commented on the concerns of the neighborhood safety and the drainage problems which now exist. Mr. Joe Schulte, Realtor for the project, questioned spot zoning when commercial is across the road. Mr. Plotz commented on the zoning across the street as being R-3 not commercial zoning. There was discussion on spot zoning in the city and not intentionally creating spot zoning. Marlow Priebe, former city engineer, commented on the history of zoning in the city and the zone on this property being returned to residential at such time the Coca Cola property use changed. Mr. Gerald Henning, 824 Brown St., is concerned with the increased traffic and traffic hazard of a carwash in a residential neighborhood. Mr. Craig moved to close the hearing, seconded by Mr. Ebent the hearing closed at 9:04 p.m. Mr. Craig made a motion to deny the request. Seconded by Mr. Lenz the motion carried unanimously. (k) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LOUIS BRUNNER TO CONSTRUCT A BUILDING ON KOUWE ST AND HWY 7 W Chairman Gruett opened the hearing at 9:05 p.m. with the reading of publication #4399 as published in the Hutchinson Leader on Thursday, June 4, 1992. The request is for the purpose of considering a request by Mr. Louis Brunner for a conditional use permit to construct a 40' x 80' multi-purpose warehouse and office building located on 4th Ave NW. City Administrator Gary Plotz commented on the site plan and the elevation of the property. He stated staff recommends continuing the hearing to the July meeting and requested Mr. Brunner bring in a professional site plan. HUTCHINSON PLANNING COMMISSION MINUTES 6/19/92 Mr. Louis Brunner explained the request and the access to the property and excavating. He agrees to continuing the hearing to July. City Engineer John Rodeberg stated this is a unique lot. Mr. Lenz moved to continue the request until the July meeting, seconded by Mr. Craig the motion carried unanimously. (a) DISCUSSION OF PRELIMINARY AND FINAL PLAT OF "FAIRGROUNDS ADDITION" SUBMITTED BY MCLEOD COUNTY AGRICULTURAL ASSOC. City Administrator Gary Plotz commented on the request being made for both preliminary and final plat. There are drainage easements to be addressed. He presented the plat and a sketch of the area. (b) DISCUSSION OF REZONING FROM R-1 TO I/C PROPERTY ANNEXED BY MCLEOD COUNTY AGRICULTURAL ASSOC. TO BE PLATTED "FAIRGROUNDS ADDITION" City Engineer John Rodeberg commented that the most appropriate zoning would be I/C as transitional. City Administrator Plotz explained both the rezoning and platting are contingent on the annexation. John Korngiebel stated the access would be from the north. (c) DISCUSSION OF PRELIMINARY PLAT SUBMITTED BY DEVELOPERS DIVERSIFIED City Administrator Gary Plotz commented on the platting of the property north of the mall. A representative of Developers Diversified presented the plat and explained the purchase of land and the development of the land. (d) DISCUSSION OF STORAGE BUILDING ON TEXAS AVE WITHIN C-4 DISTRICT City Administrator Gary Plotz stated staff has no comment except the zoning ordinance has been changed and now does not allow for mini -storage. Mr. Barton explained the proposal and commented on the buildings and security. HUTCHINSON PLANNING COMMISSION MINUTES 6/19/92 (e) DISCUSSION OF SKETCH BETWEEN MCDONALD DR. AND ROBERTS RD SUBMITTED BY GARY HASSE, BETTER BUILT HOMES City Engineer John Rodeberg explained the proposal for single family homes in the $75,000 to $85,000 range on Jackson St. He stated Mr. Hasse plans to bring in a plat of the area which should be easy to develop. (f) DISCUSSION OF PLACING 1992, 28'X64' MANUFACTURED HOME ON 498 CALIFORNIA ST City Administrator Plotz commented on the foundation of the manufactured home and the interpretation of the zoning ordinance as to a permanent foundation. The home owner is requesting a pier foundation. Mr. Craig made a motion to direct staff to obtain legal advise regarding the zoning ordinance pertaining to permanent foundations on manufactured homes moved to residential lots. Seconded by Mr. Lenz the motion carried unanimously. (g) COMMUNICATION FROM STAFF City Administrator Gary Plotz commented on an item from the county regarding a conditional use permit for a pallet company on Hwy 22 S in Hassan valley within the 2 mile radius. Mr. Lenz made a motion to approve with no objection to the county, seconded by Mr. Craig the motion carried unanimously. 5. OLD BUSINESS NONE There being no further business the meeting was adjourned at 10:15 p.m.