HomeMy WebLinkAboutPCMinutes-20101011City of Hastings
Planning Commission Minutes –October 11, 2010 Page 1 of 3
Hastings Planning Commission
October 11, 2010
Regular Meeting
Chair Zeyen called the meeting to order at 7:00 p.m.
Roll Call
1.
Commissioners Present: Zeyen, Peine, Stevens, Bullington, Slaten, Vaughan
Commissioners Absent: Rohloff
Staff Present: Associate Planner Justin Fortney
Community Development Director John Hinzman
Approval of Minutes – September 27, 2010
2.
Motion by Commissioner Slaten to approve the September 27, 2010, minutes. Seconded by
Commissioner Vaughan.
Upon vote taken, Ayes 6, Nays 0. Motion carried.
PUBLIC HEARINGS
City of Hastings –
3.Ordinance Amendment #2010-46 – Zoning Ordinance Non-Conformities.
Community Development Director Hinzman presented the staff report.
Chair Zeyen opened and closed the public hearing 7:10 p.m. No members of the public spoke to
the issue.
Commissioner Bullington said he has concerns with the variances not coming to the Planning
Commission or City Council for review. He added that it seems we are trying to go around the
Supreme Court ruling by calling this something different. He stated he has a problem with
avoiding public involvement.
Commissioner Slaten asked if the city attorney has reviewed the proposed ordinance amendment
to determine if it is acceptable. Hinzman said the City attorney has reviewed it and found it to be
consistent with the recent court findings.
Zeyen asked what the statistics for denial of variances are. Hinzman said about one or two each
year.
Commissioner Stevens commented that if we make this change the Commission will not be able
to review theses cases and the only risk for approving a variance comes if the City is challenged.
City of Hastings
Planning Commission Minutes –October 11, 2010 Page 2 of 3
Hinzman said this is being proposed in part from the recent court ruling and in part from a
customer service standpoint. The typical variance this proposal addresses has not been
controversial and takes only minutes at public meetings with little or no discussion.
Bullington said approving this proposal would make for a lack of official input. He added that it
is called a variance because it is not normal and that is the reason the Supreme Court looked at it
like this.
Zeyen asked if this issue could be looked at by the Planning Committee of the City Council.
Hinzman responded that it could and added that anytime there are many variances to a code, it is
clear that the affected parts of the code need to be amended.
Hinzman said the Supreme Court said that Cities should look at amending their codes rather than
using variance to make exceptions.
A commissioner asked what other cities are doing in response to the court decision. Hinzman said
some cities are developing a variance process that is called something other than a variance and
some are moving setbacks to the subdivision ordinance. Hinzman added that proposals like these
are not seen as appropriate fixes to the issues because they could still be challenged and are not
getting at the root of the problems of the codes.
Commissioner Vaughan asked what the process is for changing a code. Hinzman responded that
it would be reviewed by the Planning Commission and receive two hearings at City Council
meetings. Vaughan asked if there is an easy fix to the code to fix this issue. Hinzman responded
that this proposal before you will fix the issue for the largest number of the variance we see and
that have little controversy. Vaughan added that the Commission will lose the ability to get
feedback from neighbors.
Slaten asked if the amendment could be brought-up again in the future, say in six months after
their action tonight. Hinzman said yes, there is no waiting period for staff to bring back an
ordinance amendment, but in the mean time virtually no variance will be allowed.
Motion by Bullington to deny the proposed ordinance amendment. Seconded by Vaughan.
Motion passed.
Upon vote taken, Ayes 4, Nays 2 (Zeyen and Peine). Motion carried.
OTHER ACTIONS
Plasticprinters.com –
4.Site Plan #2010-49 – Expansion to Existing Building – 741 Spiral Blvd.
Staff Report by Justin Fortney.
Associate Planner Fortney presented the staff report.
City of Hastings
Planning Commission Minutes –October 11, 2010 Page 3 of 3
Vaughan asked if the parking in the back of the building is required. Fortney said it is not striped
or required and is just utility vehicles.
Bullington asked if there is access between the rear of the property to the property to the west.
Luke Lingle, applicant, said no.
Bullington asked the applicant if he had talked to the owners of the adjacent properties about the
proposed addition. Lingle said he owns the building to the east and the building owner to the west
should be impressed with the aesthetics of the addition.
Motion by Vaughan to approve the Site Plan Review. Seconded by Slaten.
Upon vote taken, Ayes 6, Nays 0. Motion carried.
Other Business
5.
Planning Director Hinzman updated the Commission on upcoming items and previous City
Council actions.
Adjourn
6.
Motion by Vaughan to adjourn the October 11, 2010, Planning Commission meeting.
Seconded by Stevens.
Upon vote taken, Ayes 6, Nays 0. Motion carried.
The meeting was adjourned at 7:35 p.m.
Next Planning Commission Meeting – Monday, October 25, 2010
Respectfully submitted,
___________________________
Justin Fortney
Recording Secretary