HomeMy WebLinkAbout06/26/95HASTiNGS PLANNiNG COMMISSION
Minutes of June 26, 1995
The regular meeting of the Hastings Planning Commission was called to order by Commissioner
Reinardy at 7:00 p.m.
Commissioners Present: Schommer, Flom, Bolesworth, Harrington, Onnen and Reinardy
Commissioners Absent: Bateman
Staff Present:
City Planner Czech
MINUTES
Commissioner Reinardy called for additions or corrections to the meeting
minutes of June 12, 1995. There being no additions or corrections the
minutes were approved.
VARIANCE
(SIGN SIZE)-
1450 W.4TH
STREET
Czech reviewed staffs June 9, 1995 memorandum to the Planning
Commission concerning a request by Shepherd of the Valley Lutheran
Church for a 10.16 square foot sign size variance at 1450 West 4th Street.
The Planning Commission discussed issues relating to the request
including, but not limited to, sign size and location.
Greg Collins with Shepherd of the Valley Lutheran Chumh was present at
the meeting and discussed with staff and the Planning Commission issues
relating to the sign.
Upon further review of the sign proposal, there was discussion as to
whether the sign may meet the minimum 24 square foot requirement. The
sign application had no scale and the size could not be determined at the
meeting. The applicant indicated that they would recalculate the size of the
sign and report to staff.
Commissioner Flom moved, Commissioner Harrington made a second, to
recommend denial of a 10.16 square foot sign size variance for property at
1450 West 4th Street based on findings that the applicant did not satisfy the
following variance criteria:
That special conditions and circumstances 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.
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.
VARIANCE
(SETBACK)-
1470
BRITTANY
ROAD
That the special conditions and cimumstances 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 of a variance.
Upon vote taken, Ayes, 6; Nays, 0.
Czech reviewed staffs June 13, 1995 memorandum to the Planning
Commission concerning a request by C.A. Schumacher for a two foot rear
and side-yard setback variance for an accessory structure at 1470 Brittany
Road.
Commissioner Harrington moved, Commissioner Flom made a second, to
recommend denial ora two foot rear yard setback variance for an accessory
structure at 1470 Brittany Road based on findings that the applicant did not
satisfy the following variance criteria:
That special conditions and circumstances 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.
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 of a variance.
Upon vote taken, Ayes, 6; Nays, 0.
Commissioner Bolesworth moved, Commissioner Onnen made a second, to
recommend denial of a two foot side-yard setback variance for an accessory
structure at 1470 Brittany Road based on findings that the applicant did not
satisfy the following variance criteria:
PUBLIC
HEARING-
PRELIMINAR
Y/FINAL
PLAT-CARI
PARK 5TH
ADDITION-
WEST 36TH
STREET
That special conditions and circumstances 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.
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 of a variance.
Upon vote taken, Ayes, 6; Nays, 0.
Czech reviewed staffs June 21, 1995 memorandum to the Planning
Commission concerning a request by Builders Development, Incorporated
for approval of a preliminary/final plat called Carl Park 5th Addition.
Czech introduced the following exhibits to be included with the Planning
Commission packet:
Exhibit "A": A letter dated June 26, 1995 from Lynn Allen of 474
Tiffany Drive.
Exhibit "B": A letter dated June 26, 1995 from Fritz Van Nest of
Builders Development, Incorporated.
Exhibit "C": A revised lot layout for Lots 1-20, Block 1, Cari Park
5th Addition Preliminary Plat.
Exhibit "D": A petition dated June 22, 1995 from several property
owners in Cari Park.
Commissioner Onnen declared a conflict of interest and excused herself
from the Planning Commission.
Commissioner Reinardy opened the public hearing at 7:20 p.m.
Patty Gjelhaug of 3650 Sirett Court provided the Planning Commission
with a copy ora petition dated June 22, 1995 that was entered into the
record as exhibit "D". Miss Gjelhaug indicated that she was concerned with
the proposed development and asked why some people in Carl Park did not
receive notice.
Jenny Hemlem of 370 Tiffany Drive said she was overwhelmed by all the
twinhomes and was concerned about resale values.
Kim Dylla of 3690 Sirett Court said she agreed with the others opposed to
the development of more twinhomes because it is hard to sell single family
homes.
Sandy Caturia of 3670 Sirett Court indicated that she had spoken with
Councilmember Kent Warner and she said that Mr. Warner shared their
concerns about more twinhome development in Cari Park.
John C onzemius identified himself as a farmer south of the subject property
(the property owner of the northwest 1/4 of southwest 1/4 of Section 3,
Township 114, Range 17) and asked that trees and fences stay back fi.om
his property so that he can control weeds.
Char King of 424 Tiffany Drive said she was concerned that there were
more twinhomes than single family homes and asked about maintenance of
the pond in Cari Park.
Paul Greten identified himself as a property owner west of Highway 61 (the
south V2 of northeast 1/4 of Section 4, Township 114, Range 17) and said
he is concerned about cars parked and kids playing in the street and asked
why ponds are necessary.
Pam Onnen of 3644 James Court said she is against more twinhome
development and is concerned about property values and population.
Mark Holm of 413 Tiffany Drive said that he is concerned about traffic on
36th Street and Tiffany Drive.
Jim Schmitz of 365 Tiffany Drive said he was concerned about the number
of cars on 36th Street.
Ronald Chapin of 345 Tiffany Drive expressed concerns about the
proposed development.
Sue Eggert of 360 Tiffany Drive said that she has concerns that there was
no new park and that there are too many kids.
Gary Becker of 409 Tiffany Drive asked about the proposed pond and said
he was concerned about the number oftwinhomes.
Debbie Otto of 290 Tiffany Drive said that she was concerned about the
upkeep of property and the number of units.
Char King of 424 Tiffany Drive said that her builder did not tell her about
the future development.
Darren Hemlem of 370 Tiffany Drive said that he was never notified about
the last development.
Mike Wemer of 2025 Highland Drive asked the developer if there was a
homeowners association and that he would like to see one along with
maintenance free siding.
Rick Sather of Sather and Bergquist, the consulting planner and engineer
for the project, indicated that there would be no homeowners association
but rather each unit would be platted on its own individual lot with
restrictive covenants.
Jeri Orres said she would like to see more single family homes.
There being no further comments from the audience the public hearing was
closed at 7:52 p.m.
The Planning Commission discussed with staff and Rick Sather a variety of
issues including, but not limited to, city code requirements, park area,
traffic issues, other housing developments that have units that look the
same and how much government interference is appropriate in a private
development.
Commissioner Bolesworth moved, Commissioner Harrington made a
second, to recommend approval of the preliminary/final plat for Cari Park
5th Addition subject to the following conditions:
That the final plat hardshells conform with the preliminary plat
called Carl Park 5th Addition.
That the developer shall pay $49,300 for cash instead of parkland
before the City signing any fmal plat.
The developer shall pay $15,660 in interceptor sewer charges before
the City signing any fmal plat.
Before issuing any building permits, the developer shall provide a
certified survey that the entire site has been graded pursuant to the
approved grading plan.
UPDATES/
OTHER
BUSINESS
ADJOURN-
MENT
in Tom Montgomery's June 21, 1995 memorandum concerning the
Carl Park 5th Addition Preliminary Plat.
That the developer shall use maintenance free siding on all
twinhorne units.
The developer shall reduce the right of way and street width as
determined by City Council or as deemed appropriate by staff.
That the developer shall plant two trees per unit (58 units total) with
1 tree in the front yard and 1 "boulevard" tree planted between the
curb and front property line. The species type and size as
determined by City Council or City Staff.
Upon vote taken, Ayes, 4; Nays, 1 (Flom).
Commissioner Onnen rejoined the Planning Commission.
Czech reviewed City Council actions pertaining to planning matters.
There being no further business Commissioner Schommer moved,
Commissioner Flom made a second, to adjourn the meeting at 8:36 p.m.