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04-19-1994 PCM c1. 2. 3. MINUTES ��� HUTCHINSON PLANNING COMMISSION Tuesday, April 19, 1994 CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Clint Gruett at 5:30 p.m. with the following members present: Dean Wood, Glenn Matejka, Bill Craig, Roger Gilmer, April Brandt (6:35 p.m.) and Chairman Gruett. Absent: Craig Lenz Also Present: Building Official Jim Marka, City Engineer John Rodeberg, City Attorney Barry Anderson, City Administrator Gary Plotz, Mayor Marlin Torgerson, Director of H.C.D.C. Richard Lennes and GIS Coordinator Larry Huhn. CONSIDERATION OF MINUTES DATED MARCH 15 1994 Mr. Craig made a motion to approve the minutes dated March 15, 1994, seconded by Mr. Wood the motion carried unanimously. PUBLIC HEARINGS a) CONTINUATION OF CONSIDERATION OF CONDITIONAL USE PERMIT AND LOT SPLIT REQUESTED BY JAY FREEDLAND, HUTCHINSON IRON AND METAL, FOR THE RELOCATION OF SCRAP IRON YARD IN I-2 DISTRICT LOCATED ON ARCH STREET Chairman Gruett reopened the hearing at 5:35 p.m. with the reading of publication #4632 as published in the Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a condition use permit requested by Jay Freedland, Hutchinson Iron and Metal, to move scrap yard business to property in I-2 (Heavy Industrial District) located on Arch Street. Building Official Jim Marka commented briefly on the requirement of an E.A.W. (Environmental Assessment Worksheet). He stated the option is open. Mr. Marka commented on his meeting with Mr. Freedland and the neighboring property owners to review the site plan and the staff recommendations. Jay Freedland, Hutchinson Iron and Metal, explained the answers to staff recommendations and commented on the wetlands. He stated the N.P.D.E.S. permit requirements will and must be met. There was discussion on the N.P.D.E.S. permit and some of the requirements of the state such as a complete site plan. Mr. Craig commented on the delineation of wetlands being made by a registered engineering firm. Mr. Marka commented on the fact Mr. Paul Melchoir, McLeod County Environmentalist, has conservatively staked out the wetlands. HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 City Engineer John Rodeberg stated the N.P.D.E.S. permit required by the state is very thorough. Discussion followed on the gate size and type of construction. Atty. Jim Digiovoni, representing the Wetherall's, stated his concern with the city granting a variance on a lot split that creates a second nonconforming lot. He also commented on the conditional use permit and the ditch through the property. Atty. Digiovoni stated the site plan presumed the ditch may be filled. Jim Marka commented on his concerns with the berm and barrier. He stated in his conversations with Mr. Melchoir a fence or plantings may be placed as a barrier in the wetland. John Rodeberg stated the Soil and Water Conservation Board makes these decisions and Mr. Melchoir reports to the board. Atty. Digiovoni debated the filling of wetland swale. He stated his clients do not want the facility in this area and asked the planning commission not to overlook any wetland delineation. There was discussion on the zoning of the property as I- 2, Heavy Industrial. Mr. Craig stated there are many issues. The issue of the neighbors position, the issue of environmental protection and the issue of legal protection. Mr. Lee Stritesky, representing his father Allan Stritesky, a neighboring property owner to the southwest of the property, commented on the berming as a visual barrier to the north and east but not the south and west. He asked if it would be possible for the city to look into providing a boundary around all industrial property. Building Official Marka commented on discussions regarding boundary screening. Mr. Lennes, H.C.D.C., stated he supports a screening of trees along the boundary of the industrial area for further development. Mr. and Mrs. Steve Eggert, 1105 Arch Street, asked if this is the complete site plan as laid out. Discussion followed on the changes that may occur on the plan. Mary Anne Wetherall, 1145 Arch Street, voiced concerns with the easterly berm in the wetland. Mr. Freedland commented trees could be planted in that area. Mr. Marka stated the staff has additional recommendations however, conceptually they would recommend approval of the request. 2 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 Mr. Craig moved to close the hearing, seconded by Mr. Gilmer the hearing failed to close due to further discussion. Mr. Mel Kobow, Hassan Valley Township Supervisor, stated the township board would like to see the planning commission consider the residents. Mr. Lee Stritesky commented on the zoning of the property 17 or 18 years ago. Ms. Brandt explained this is a growing community and the commission will do the best job it can for the community to look forward. City Attorney G.Barry Anderson stated there have been changes in the past in that area. He commented the city must deal with the issues. The hearing closed at 6:40 p.m. Mr. Craig commented on the neighbors concerns and stated this business may not be as ominous as it appears and is a suitable business choice. He then attempted to make a motion however discussion again followed. Atty. Digiovoni commented on a site plan prepared by a registered engineer should come back to the planning commission and city council. Discussion followed on the berm and plantings. City Attorney Anderson stated the requirement is an 8' barrier, the ordinance does not specify number, size or kind of plantings. This question could be possibly answered by the city forester. Mr. and Mrs. Morris Fischer, 1150 Arch Street, stated they would like to see a 4' berm and 4' plantings on the higher ground. Mr. Craig made a motion to approve in concept the request contingent on satisfactory site plan designed and signed by a licensed professional engineer, wetlands are to be delineated, all NPDES requirements must be met and confirmed, consult with city forester on plantings to be placed in the wetland and comply with all staff recommendations, the final site plan is to come before the planning commission once more to be approved prior to issuance of building permit. Seconded by Mr. Gilmer the motion carried unanimously. 3 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 b) CONTINUATION OF CONSIDERATION OF VARIANCE REQUESTED BY JAY FREEDLAND HUTCHINSON IRON AND METAL, FOR REDUCTION OF LOT DEPTH IN I-2 DISTRICT Chairman Gruett reopened the hearing at 7:08 p.m. with the reading of publication #4633 as published in the Hutchinson Leader on Thursday, March 3, 1994. The request is for the purpose of considering a variance to reduce lot depth from 600' to the "mean" average located in the I-2 district on Arch Street requested by Jay Freedland, Hutchinson Iron and Metal. City Attorney G. Barry Anderson stated the hardship was not from the proposed use but the ordinance itself. Building Official Jim Marka stated none of the I-2 lots presently in the city meet the 600' requirements. City Atty. Anderson stated the ordinance gives the owner restrictive use and in this case unusable. Mr. Marka state the intent of the ordinance was for newly developed industrial lots. Mr. Anderson commented on other alternatives the developer could use such as condominium agreement or lease agreement. Atty. Jim Digiovoni stated many ordinances contain strict requirements and 600' is common in platting new lots. There was discussion of nonconforming lots created by the ordinance. Mr. Gilmer moved to close the hearing, seconded by Mr. Craig the hearing closed at 7:26 p.m. Mr. Gilmer made a motion to recommend approval of the variance to reduce lot depth from 600' to the "mean" average and the lot split. Seconded by Mr. Craig the motion carried unanimously. NOTE: The hardship being the irregular lot shape limited by physical barriers (ex. railroad tracks, roadway, wetlands). "The intent of the revision to the Hutchinson Zoning Ordinance in February, 1992, was to be for new plats and not to limit developability of existing parcels or limit potential lot splits. A consensus was reached that the 600' lot depth would be investigated and very likely amended to a dimension more realistic with Hutchinson's existing parcels zoned I-2." Also noted that the acreage density exceeds 5 acres and the development could proceed via condominium agreement or a leasing agreement. c) CONTINUATION OF CONSIDERATION OF VARIANCE AND LOT SPLIT REQUESTED BY JOHN MILLER LOCATED ON SHADY RIDGE ROAD 4 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 Chairman Gruett reopened the hearing at 7:27 p.m. with the reading of publication #4598 as published in the Hutchinson Leader on Thursday, December 9, 1993. The request is for the purpose of considering a variance to reduce front yard setback from 30' to 8' and side yard setback from 120' to 80' located on Shady Ridge Road and also a lot split on the property. Building Official Marka stated Mr. Miller has provided all staff requirements. Mr. Craig moved to close the hearing, seconded by Mr. Matejka the hearing closed at 7s28 p.m. Mr. Craig made a motion to recommend approval of the variance subject to the following staff recommendations: 1) a hook up fee may be required depending upon the original assessment fee, confirm with City Engineer Rodeberg. 20 The basement floor must be at elevation of 1046.5' or higher and recertified prior to occupancy. 3) Record easement prior to request for building permit. Seconded by Mr. Matejka the motion carried unanimously. d) CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY LARRY GAUGER TO REPLACE EXISTING DETACHED GARAGE WITH 24' X 30' ATTACHED GARAGE LOCATED AT 247 STH AVE NW Chairman Gruett opened the hearing at 7:29 p.m. with the reading of publication #4647 as published in the Hutchinson Leader on Thursday, April 7, 1994. The request is for the purpose of considering a conditional use permit to replace an existing detached garage with a 24' x 30' attached garage located at 247 -5th Ave NW. Building Official Jim Marka commented on Section 8.05 in the Zoning Ordinance regarding replacement of existing garages. He stated typically replacement would be detached garages this is an attached garage 3' from the property line. Staff recommends approval of the request. Mr. Craig moved to close the hearing, seconded by Mr. Wood the hearing closed at 7:31 p.m. Mr. Matejka made a motion to recommend approval of the request with staff recommendation of a 3' setback. Seconded by Mr. Gilmer the motion carried unanimously. 4. OLD BUSINESS a) REVIEW OF COMPREHENSIVE PLAN SCHEDULE AND UPDATE Building Official Marka presented the plan schedule. Discussion followed on the approach to have groups in the community review and comment. 5 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 5. NEW BUSINESS (a) CONSIDERATION OF HUNTERS RIDGE FINAL PLAT City Engineer John Rodeberg stated this is the first phase of the Hunters Ridge plat across from the West Elementary School. Mr. Craig made a motion to approve the final plat with staff recommendations regarding street names, parkland contribution and subdivision agreement, seconded by Ms. Brandt the motion carried unanimously. (b) CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT ON DALE STREET FOR CONSTRUCTION OF FOUR PLEX REQUESTED BY KEVIN COMPTON Building Official Jim Marka stated the staff recommends approval of a 6 month extension. Ms. Brandt made a motion to recommend approval of the 6 month extension, seconded by Mr. Craig the motion carried unanimously. (c) CONSIDERATION OF PETITION BY GREG MARTIN TO BEGIN ANNEXATION PROCEDURE OF 1.6 ACRES LOCATED ON NORTH HIGH DRIVE IN HUTCHINSON TWP. Mr. Marka explained the problem of septic failure on the property and stated the owner would like to hook up to city service before the annexation is complete. He commented on the approximate cost of hooking up to services and the fact he has met with Mr. and Mrs. Martin. Mr. Craig made a motion to recommend approval of the annexation and permit the owner to hook up to services prior to annexation. Seconded by Ms. Brandt the motion carried unanimously. (d) DISCUSSION OF CONDITIONAL USE PERMIT REQUEST BY TOM LUDOWESE FOR ADDITION TO ACME CARWASH LOCATED AT 690 SOUTH GRADE RD. Jim Marka commented on the several requests by Mr. Ludowese and stated the last request was the least desired by staff with a 0' setback. Mr. Tom Ludowese, Acme Carwash, stated he would like to resubmit a conditional use permit with the automatic bay on the west with exit to the east. He stated there would be a controlled intersection in the parking lot. It was the consensus of the planning commission to place the public hearing on the May agenda. 6 HUTCHINSON PLANNING COMMISSION MINUTES APRIL 19, 1994 (e) CONSIDERATION OF EXTENSION OF CONDITIONAL USE PERMIT REQUESTED BY TOM LUDOWESE FOR ADDITION TO ACME CARWASH AS GRANTED 10/26/93. Mr. Craig made a motion to approve the 6 month extension with the following staff recommendations. Install flammable wastetrap, sludge and grit container, provide curb on east side and extend hard surface on exit driving area north side of lot line. Seconded by Mr. Matejka the motion carried unanimously. (f) COMMUNICATION FROM STAFF 1) Update of N.W. Annexation in Acoma Twp Mr. Jim Marka commented on meetings he has had with the townships regarding orderly annexation and urban boundary. He stated he will proceed in drafting a letter to Acoma residents affected by the proposed annexation. 2) Discussion of sign submitted by Dean Limoges, Morningside Estates Mr. Dean Limoges commented on the scaling down of his sign from 12' to 8'. Discussion followed as to location of the sign. It was the consensus of the planning commission to construct the sign. Mr. Craig moved to approve, seconded by Mr. Wood the motion carried unanimously. 3) Discussion of placing street sign at HTI entrance Building Official Jim Marka commented on the confusion of residents and visitors to find the street, West Highland Park Drive (entrance to HTI). He asked if the planning commission would be in favor of requesting a street sign to mark the street/entrance. Mr. Gilmer made a motion to approve the request, seconded by Ms. Brandt the motion carried. Mr. Craig abstained from voting. 6. ADJOURNMENT The meeting adjourned at 8:30 p.m. 7