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07-21-2015 PCMMINUTES HUTCHINSON PLANNING COMMISSION Tuesday, July 21, 2015 5:30 p.m. 1. CALL TO ORDER 5:30 P.M. The July 21, 2015 Planning Commission meeting was called to order by Chair Hantge at 5:31 p.m. Members in bold were present Chair Hantge, Commissioner Kirchoff, Commissioner Johnston, Commissioner Norton, Commissioner Arndt, Commissioner Wick, and Commissioner Fahey. Also present were Dan Jochum, City Planner and Kyle Dimler Planning and Building Specialist. 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED JUNE 16, 2015 Motion by Commissioner Arndt, Second by Commissioner Wick to approve. Approved unanimously. 4. PUBLIC HEARINGS A. CONSIDERATION OF A VARIANCE TO REDUCE THE NORTHERN SIDE - YARD SETBACK FOR AN ACCESSORY STRUCTURE BY 38 INCHES ON THE PROPERTY LOCATED AT 107 MARK DR. NE, RONALD & JEANIE KALENBERG, APPLICANTS Chair Hantge announced the agenda item. Mr. Dan Jochum, City Planner addressed the Commission. Mr. Jochum reviewed the Staff Report concerning the application, which was included in the Planning Commission's packet. Mr. Jochum reviewed the statutory requirements of a variance application meeting 3 specific practical difficulties in order for it to be approved for the Commission. Mr. Jochum presented Staff s review of the variance 3 -part test concerning the application to determine if there is a practical difficulty in the applicant's request. Minutes Hutchinson Planning Commission July 21, 2014 Page 2 Mr. Jochum stated Staff does believe it is a reasonable use to have a detached garage on a residential lot. Mr. Jochum noted Mr. Kalenberg's difficulty with complying with the zoning ordinance is the property owner's preference of where to locate the proposed structure on his property and not a unique attribute of the piece of property itself. Mr. Jochum stated Staff does not believe that reconstructing the garage in the same location would change the essential character of the locality. Chair Hantge asked when the existing garage was constructed. Mr. Kalenberg stated the garage was likely constructed in 1968 with the development of the house on this lot. Mr. Jochum also noted that there a number of similar non -conformities elsewhere in the City as well. Commissioner Fahey asked how far the garage is currently from the house. Mr. Kalenberg stated the garage is currently 40" from the house and he is proposing to move the garage 60" from the house on his property. Chair Hantge asked if Staff believed there would be any legal ramifications if the Commission determined the layout of the lot is in fact a practical difficulty. Mr. Jochum stated that it is the Commission's decision to recommend approval or denial based upon Staff s findings in the Staff Report and the Commission would need to articulate why it believes there is a practical difficulty with the subject property. Commissioner Fahey asked Mr. Jochum if he had any standard conditions that the Commission could include in the Commission's decision to approve, should they choose to do that. Mr. Jochum noted the Commission would need to articulate why it believes the applicant's request is a practical difficulty and that the difficulty is particular to this property. Motion by Commissioner Kirchoff, Second by Commissioner Arndt to close the public hearing at 5:59 p.m. Commissioner Fahey motioned to approve the applicant's request as a practical difficulty because the Commission believes requiring the garage to comply with the current zoning setback requirements and causing the garage to overlap the house would be creating a hardship for the applicant to maneuver vehicles due to the layout of the existing property. Minutes Hutchinson Planning Commission July 21, 2014 Page 3 Second by Commissioner Kirchoff. Motion approved unanimously. This item will be on the City Council's consent agenda for July 28, 2015 at 5:30 p.m. Motion to close hearing — Motion to approve with staff recommendations — Motion to reject 5. UNFINISHED BUSINESS Mr. Jochum noted staff is still working on ordinance revisions regarding dynamic signs pertaining to religious and institutional uses. Mr. Jochum also noted staff is continuing to work on development of the Interim Use Permit proposal for the Commission's consideration. 6. NEW BUSINESS 7. COMMUNICATION FROM STAFF A. Upcoming Meetings Mr. Jochum noted that one application has been submitted for the August Planning Commission meeting. The application is for an annexation on North High Dr. NW just west of the Deer Park Apartments. 8. ADJOURNMENT Motion by Commissioner Arndt, Second by Commissioner Wick to adjourn the meeting at 6:05 p.m. Unanimously approved.