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.