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06-17-2014 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 17, 2014 5:30 p.m. 1. CALL TO ORDER 5:30 P.M. Chair Christie Hantge called the meeting to order at 5:30 p.m. Members present: Jim Fahey, John Lofdahl, Bill Arndt, Dean Kirchoff, Raymond Norton and Dave Johnston. Also present was Dan Jochum, Planning Director, Marc Sebora, City Attorney and Interim City Administrator, Kyle Dimler, Planning and Building Specialist. 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED May 20, 2014 Motion by Commissioner Lofdahl, second by Commissioner Johnston to approve minutes as presented. Approved unanimously. 4. PUBLIC HEARINGS A. CONSIDERATION OF VARIANCE TO ALLOW 50% LOT COVERAGE ON A SHORELAND PROPERTY LOCATED AT 1260 7TH AVE. NW Chair Hantge opened the public hearing at 5:33pm. Planning Director, Dan Jochum, presented to the commission. Mr. Jochum described the location and current condition of the subject lot. Mr. Jochum shared the applicant's request to approve the proposed 50% lot coverage, although as designed, the proposed structure and impervious surfacing would create 43% lot coverage. Mr. Jochum stated that the lot is in an R-1 zoning district and is within 1,000' of a river placing it in the Shoreland Management area. Mr. Jochum shared with the Commission that variances are only to be permitted (a) when they are in harmony with the general purposes and intent of the ordinance and (b) when the variances are consistent with the Comprehensive Plan. Mr. Jochum also explained that variances may be granted when the applicant establishes that there are practical difficulties in complying with the zoning ordinance. "Practical difficulties," as used in connection with the granting of a variance, means that (a) the property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (b) the plight of the landowner is due to circumstances unique to the property not created by the landowner; and (c) the variance, if granted, will not alter the essential character of the locality. Minutes Hutchinson Planning Commission June 17, 2014 Page 2 Mr. Jochum shared that staff recommend approval of this request as (a) Construction of a single-family dwelling in an R-1 zoning district is a reasonable use of the land (b) The subject lot is unique because it is the last remaining lot in its development to be built on. Further, the development was originally platted in 1979 and the Shoreland Management Ordinance was not adopted until 1989 and (c) the essential character of the neighborhood would be altered more if this last lot is required to conform to the ordinance as only one of ten neighboring lots currently complies with the lot coverage requirements. Commissioner Lofdahl stated he would be in favor of requiring the applicant to mitigate lot coverage in excess of the allowed 25%, possibly via rain gardens, pervious paving, etc. Commissioner Lofdahl also stated it is his understanding that a variance is not to be issued to circumvent the requirement of an ordinance. City Attorney, Marc Sebora, clarified that the issuance of a variance may not necessarily circumvent the purpose or intent of the ordinance. Mr. Jochum referenced an ordinance stating lots platted prior to 1989 would not be required to meet the lot coverage areas. Mr. Sebora affirmed this to be the intent of the ordinance. Chair Hantge asked if there would ramifications from the MN DNR which the City ought to consider if the variance were to be approved. Mr. Jochum stated he is familiar with one municipal court case in which the court ruled that the local authority having jurisdiction is able to grant variances but not able to change the ordinance itself. Mr. Sebora stated he had reviewed the letter submitted by the MN DNR addressing this variance request. Mr. Sebora shared the DNR's main concern was run off water entering the municipal storm sewers and he believed the applicant's proposed design plans appear to minimize this impact. The Commission discussed the proposed roof slope direction, proposed lot coverage of 43% as designed, and neighboring lot drainage direction and slope. Chair Hantge noted discussion appeared to indicate a split vote of the Commission. Commissioner Fahey moved to close the public hearing, second by Commissioner Arndt. Public hearing closed at 6:21pm. Motion by Commissioner Fahey, second by Commissioner Arndt to approve the variance request with staff recommendations. Commissioner Lofdahl dissented. Chair Hantge stated the request will not appear on the City Council consent agenda at the June 24, 2014 meeting due to the lack of a unanimous vote. Motion to close hearing — Motion to approve with staff recommendations — Motion to reject Minutes Hutchinson Planning Commission June 17, 2014 Page 3 5. NEW BUSINESS 6. OLD BUSINESS 7. COMMUNICATION FROM STAFF A. Planning Director, Dan Jochum shared that there is one application submitted for the July Planning Commission meeting. B. City Attorney, Marc Sebora shared the City Council has recently held discussions regarding possible ordinances to allow micro -breweries and tap rooms in the City. Mr. Sebora stated he has had preliminary discussions with Mr. Jochum to consider appropriate zoning districts that may be proposed for this use. 8. ADJOURNMENT Motion by Commissioner Fahey, second by Commissioner Arndt to adjourn the meeting. Motion approved unanimously. Meeting adjourned at 6:32pm.