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City of Hastings
Planning Commission Minutes – March 22, 2010 Page 1 of 4
Hastings Planning Commission
March 22, 2010
Regular Meeting
Chair Zeyen called the meeting to order at 7:00 p.m.
Roll Call
1.
Commissioners Present: Bullington, Peine, Rohloff, Slaten, Stevens, Vaughan, Zeyen
Commissioners Absent: None
Staff Present: Community Development Director Hinzman, Associate Planner
Kari Barker
Approval of Minutes
2. – March 8, 2010
Motion by Commissioner Vaughan to approve the March 8, 2010, meeting minutes as presented.
Seconded by Commissioner Slaten with the following changes a) Change Chair from McInnis to
Zeyen 2) Slaten abstained from approving the minutes.
Upon vote taken, Ayes 7, Nays 0. Motion carried.
Community Development Director Hinzman requested the variance item be moved to the first item on
the agenda. Planning Commissioners agreed with the request.
OTHER ACTIONS
Klotz, Andrew –
3.Variance #2010-14 – Sideyard Setback Variance to Expand Existing Garage –
th
514 West 5 Street.
Item was tabled at the request of the applicant.
PUBLIC HEARINGS
City of Hastings
4. – City Code Amendment #2010-12 – Transient Merchant Regulations.
Associate Planner Barker presented a staff report.
Chair Zeyen opened the Public Hearing at 7:05. No members of the audience spoke for or against the
issue.
Commissioner Bullington inquired if there had been any complaints regarding the chainsaw carver
business. Community Development Director Hinzman stated he had not received any complaints.
Commissioner Peine inquired about placement of curb cuts and parking stalls. Community
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Planning Commission Minutes – March 22, 2010 Page 2 of 4
Development Director Hinzman stated that the business would not be required to have these items the
first year, but would after being on the site for one year.
Commissioner Peine asked about temporary structures. Community Development Director Hinzman
stated that was covered in 155.07 F and these structures would also be bound by building code.
Commissioner Peine asked about aesthetics regarding the storage structure on the site, to which
Community Development Director Hinzman stated would involve other property maintenance codes.
Chair Zeyen inquired about signage. Community Development Director Hinzman stated that signage
would apply similar to all other businesses. Chair Zeyen stated that there is a conflict between the
amount of time banners are allowed and the length of time merchants are allowed. Community
Development Director Hinzman confirmed that as banners are allowed 90 days in a calendar year,
there would be a time conflict. Chair Zeyen inquired if the storage boxes currently on site for the
chainsaw business would be inspected in the future. Community Development Director Hinzman
stated they would be inspected annually and the permit process would be similar to the process for
Garden Centers.
Commissioner Stevens asked how many extensions would be allowed before the business became
permanent. Community Development Director Hinzman stated there were no time limits currently in
the proposed ordinance.
Commissioner Slaten asked about the current history of the chainsaw business and if there had been
any complaints. Community Development Director Hinzman stated that he had not received any
complaints and that the chainsaw business had been in operation fall to spring last year.
Commissioner Vaughan clarified that the current permit allows 0-14 days and the new permit is 14-
365 days. He asked if the business could change merchandise. Community Development Director
Hinzman stated that if the merchandise changed, the business would need to amend the license.
Commissioner Vaughan asked if the property owner signs off on the permit. He also asked what
would happen if the property owner wanted the business removed from the property, but the business
had a permit from the city. Community Development Director Hinzman stated the property owner
would need to sign off on the permit and that the property rights supersede the city permit.
Commissioner Vaughan stated he would be more comfortable with a middle time option between 14
and 365 days. Chair Zeyen suggested the time period coincide with the length of time banners are
allowed.
Commissioner Peine inquired if 155.03 (C) 17 could be modified to reflect that a change in services
requires a new permit.
Associate Planner Barker inquired when the City Council would review the permit. Chair Zeyen
stated after the fourth consecutive 90 day renewal period, City Council would review the permit and a
re-inspection of the site would be required.
Commissioner Peine stated he was comfortable allowing this type of permit, but does not want to
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Planning Commission Minutes – March 22, 2010 Page 3 of 4
encourage transient merchants.
Commissioner Stevens stated he thought that applicants should be allowed to decide if they want
renewal periods or an application for an entire year.
Commissioner Vaughan inquired if the item could be tabled so that the ordinance could be cleaned up
and returned to the Planning Commission.
Motion by Vaughan to table City Code Amendment #2010-12 – Transient Merchant Regulations.
Seconded by Peine.
Upon vote taken, Ayes 7, Nays 0. Motion carried.
Community Development Director Hinzman summarized the discussion for the item as follows:
1)Permit allowed for 90 days.
2)After one year, the permit would need to be reviewed by the City Council.
3)An annual inspection would be required.
4)Any changes in merchandise sold would require a new inspection.
5)Four 90-day extensions can occur.
6)Sign regulations would follow the current Sign Ordinance.
OTHER ACTIONS
Discuss Fence Ordinance Regulations
5.
Community Development Director Hinzman presented the staff report. He stated he was looking for
direction into if new subdivisions should be regulated by the proposed uniform standards or if existing
subdivisions should be regulated, or both.
Commissioner Peine stated that he thought that there should be two parts- new and existing
subdivisions. He stated that along a new corridor, the fence should be uniform throughout.
Commissioner Peine stated he was against allowing a higher fence.
Commissioner Slaten concurred that new developments should have uniform fences. He further
stated that any time a fence is torn out, that a uniform fence should be encouraged. Commissioner
Slaten stated the main corridors as 42, 46, 47, and 61.
Community Development Director Hinzman stated that initial developments are easier to work with.
He added that it is difficult to institute new rules with existing property owners.
Commissioner Peine stated that maybe when major projects occur, such as widening County Road 46,
that a uniform fence standard could be enacted. Community Development Director Hinzman stated
he would need to find a place in the ordinance for that.
Commissioner Slaten inquired if the code should be changed specifically for properties with
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Planning Commission Minutes – March 22, 2010 Page 4 of 4
backyards to 316 due to the topography of the land. Commissioner Vaughan stated that the structure
in the previous variance application could have acted as a barrier and could have been even higher
than the fence. He stated his opposition to raising the fence height.
Commissioner Slaten asked if there was a differentiation between interior and exterior fences.
Community Development Director Hinzman stated there was not.
Chair Zeyen summarized the position of the Planning Commission, stating that new development and
redevelopment should have uniform standards.
Other Business
6.
Community Development Director Hinzman updated the Commission on upcoming items and past
Council actions.
Planning Commissioner Bullington requested that the City Council reconsider notifying the three
adjacent neighbors to a proposed accessory structure. Motion by Commissioner Bullington to
approve the request to City Council. Seconded by Commissioner Slaten.
7.Adjourn
Motion by Vaughan to adjourn the March 22, 2010, Planning Commission meeting. Seconded
by Stevens.
Upon vote taken, Ayes 7, Nays 0. Motion carried.
The meeting was adjourned at 7:49 p.m.
Next Planning Commission Meeting – Monday, April 12, 2010
Respectfully submitted,
___________________________
Kari Barker, AICP
Recording Secretary