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HomeMy WebLinkAbout08/14/95Hastings Planning Commission Minutes of August 14, 1995 The regular meeting of the Hastings Planning Commission was called to order by Commissioner Reinardy at 7:00 p.m. Commissioners Present: Reinardy, Flom, Bateman, Bolesworth, Harrington and Onnen Commissioners Absent: Schommer Staff Present: City Planner Czech and City Administrator Osberg MINUTES Commissioner Reinardy called for additions or corrections to the meeting minutes of July 17, 1995. There being no additions or corrections the minutes were approved. Commissioner Schommer joined the meeting at 7:02 p.m. HOME OCCUPATION -1322 WEST 22NDSTREET Czech reviewed staffs July 24, 1995 memorandum to the Planning Commission concerning a request by Robert Elon Zetwick for approval of a home occupation permit to allow a siding business at 1322 West 22nd Street. Richard Rosenquist a resident at 1321 West 22nd Street was present at the meeting and indicated that he had concerns regarding the proposed home occupation permit. Mr. Rosenquist said that he lived across the street and observed early morning noise associated with the business. Mr Rosenquist also stated that parking of vehicles on the street created problems for mail delivery to his mailbox. Mr. Rosenquist submitted eight photographs that were included in the planning file as exhibit "A". Barb Zetwick a resident at 1322 West 22nd Street and the location of the home occupation permit was present at the meeting. Ms. Zetwick indicated that there is no longer trailer parking on the street and that traffic has diminished. Ms. Zetwick acknowledged that they are beginning to comply with the home occupation standards after being made aware of said standards by a Community Service Officer with the Hastings Police Depa,hnent. Commissioner Bateman moved, Commissioner Harrington made a second, to recommend approval of the home occupation permit at 1322 West 22nd Street subject to the applicant complying with all home occupation standards including, but not limited to, a basic fire protection inspection by the Fire Marshall. Upon votes taken, Ayes, 7; Nays, 0. SETBACK VARIANCE-706 EAST FIRST STREET SETBACK VARIANCE-216 EAST 2ND STREET Czech reviewed staffs August 2, 1995 memorandum to the Planning Commission concerning a request by Harold Iverson for approval of a 35 foot rear yard setback variance to allow him an addition to his home zero feet from the property line. Commissioner Onnen moved, Commissioner Bateman made a second, to recommend approval of a 35 foot rear yard setback variance based on findings that the applicant has satisfied the variance criteria as follows: That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, slractures, or buildings in the same district. The literal interpretation of the City Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, s~'uctures, or buildings in the same district. No non- conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. Upon vote taken, Ayes, 7; Nays, 0. Czech reviewed staffs August 8, 1995 memorandum to the Planning Commission concerning a request by Ronald Craft for approval of a 20 foot rear yard setback variance to allow a garage facing the alley right of way to be located zero feet from the property line. The Planning Commission discussed issues relating to the proposed setback variance including, but not limited to, the need for a survey and maneuvering area for vehicles. Commissioner Schommer moved, Commissioner Flom made a second, to recommend denying a 20 foot rear yard setback variance based on findings that the applicant has not satisfied the following variance criteria: That special conditions and cimumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. SITE PLAN- REGINA MEDICAL CENTER ADDITION- 1175 NININGER ROAD The literal interpretation of the City Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. That the special conditions and circumstances do not result from the actions of the applicant. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non- conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance ora variance. Upon vote taken, Ayes, 6; Nays, 1 (Bateman). Czech reviewed staWs August 4, 1995 memorandum to the Planning Commission concerning a request by Regina Medical Center for site plan approval of a 12,000 square foot surgical cemer addition. The Planning Commission discussed several issues relating to the site plan, including, but not limited to, traffic on First Street and County Road 42, emergency access, heliport relocation, and utilities. Dick Fuchs, a representative of the Regina Medical Center, was present at the meeting and addressed issues raised by the Planning Commission including traffic improvements on site and associated with the County Road 42 reconstruction project. Lynn Olson a representative of Regina Medical Center was presem at the meeting and addressed questions raised by the Planning Commission including traffic circulation and clarified the ownership of the Hastings Family Practice and River Valley Clinic properties. Commissioner Schommer moved, Commissioner Harrington made a second, to recommend approval of the site plan subject to the following conditions: 1. That the proposed structure and accessory items including, but not limited to, building materials and landscaping shall be completed pursuant to the approved site plan. Upon request for occupancy of the building, all uncompleted items contained within the site plan shall be addressed pursuant to the escrow requirements of Chapter 10, Section 10.24. ADULT ENTERTAIN- MENT BUSINESSES- REGULATORY OPTIONS 2. That Regina Medical Center understands and agrees to install and pay for water service improvements to the satisfaction of the Uniform Fire Code and Hastings Fire Marshall. The water service improvements shall be completed before or during the County Road 42 street reconstruction projects. 3. Subject to approval by the City Attorney, Regina Medical Center shall record with Dakota County a joint parking agreement between 1175 and 1285 Nininger Road. In the alternative, the two parcels shall be combined under one tax parcel. Upon vote taken, Ayes, 7; Nays, 0. City Administrator Osberg reviewed, at length, the City of Hastings Adult Entertainment Businesses Regulatory Options report dated August 1995. Mr. Osberg also reviewed a report by the Attorney Generals Working Group on the Regulation of Sexual Orientated Businesses dated June 6, 1989. Mr. Osberg emphasized that the city is not trying to prevent such uses from locating in the city but that the city is attempting to minimize the adverse secondary effects of adult entertainment businesses. Mr. Osberg reviewed the documented impacts of adult entertainment businesses and summary of studies from other cities including Minneapolis, St. Paul, Indianapolis, Phoenix and Los Angeles. Mr. Osberg also reviewed the concentration of sexually oriented businesses and relating neighborhood case study. Mr. Osberg also reviewed legal considerations, definition of adult entertainment businesses and regulatory mechanisms including zoning, licensing and location standards. Mr. Osberg summarized the report including eight findings suggesting that the City of Hastings use a "Detroit" approach as opposed to a "Boston" approach. Commissioner Bolesworth moved, Commissioner Bateman made a second, recommending that the city adopt the following: Acknowledge receipt and acceptance of the report (City of Hastings Adult Entertainment Businesses Regulatory Options August 1995). Adopt findings of the report, as outlined in the summary section. Direct city staff to begin the process of preparing the necessary amendments to the zoning ordinance that will allow for the location of adult entertainment businesses and commercial districts in the City of Hastings. Upon vote taken, Ayes, 7; Nays, O. Czech reviewed City Council action pertaining to planning matters. UPDATES/ OTHER BUSINESS ADJOURN- MENT Czech reviewed City Council actions relating to planning related matters. Commissioner Reinardy thanked Commissioner Onnen for chairing the previous meeting. There being no further business Commissioner Onnen moved, Commissioner Bolesworth made a second, to adjourn the meeting at 9:00 p.m.