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HomeMy WebLinkAbout09/22/86 HASTINGS PLANNING COMMISSION Monday, September 22, 1986 The regular meeting of the Hastings Planning Commission was called to order at 7:30 p.m. Members Present: Commissioners Stevens, Dredge, Folch, Kaiser, Conzemius, Anderson, Voetker, and Chairman Simacek. Members Absent: Commissioner Ditty Staff Present: Planning Director Harmening Commissioner Anderson corrected the September 8, 1986 Planning C~mmission minutes by indicating that he had been in attendance at the start of the meeting rather than at the time indicated in the minutes. With this correction a motion was made by Commissioner Kaiser,seconded by Commissioner Dredge, to approve the September 8, 1986 Planning Commission Minutes. Voice vote carried unanimouslyt The Planning Director informed the Planning Commission that Mr. Dachel owns a lot 44' x 140' in size or 6,160 sq.ft, in area. Mr. Dachels property is zoned R-2. The R-2 zone requires that lots for single family homes have a minimum width of 50 feet and a minimum area of 7,000 sq.ft. Mr. Dachels lot is considered to be a nonconforming lot as it does not meet the Citys lot size requirements. Harmening noted that Section 10.06, Subdivision 2 of the Hastings Zoning Code states that "In any district in which single family dwellings are permitted, a single family dwel ling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Chapter if the area of said lot is at least 7,000 square feet, notwithstanding limitations imposed by other provisions of this Chapter. Such lot must be in separate ownership, and not of continuous frontage with lots in the same ownership. This provision shall apply even though such lot fails to moet the requirements for area or width, or both that are generally applicable in the district, provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations of the district in which such lot is located". Harmening indicated that Mr. Dachels lot does not meet the 7,000 sq.ft, test as stated. Therefore, Mr. Dachel is requesting a variance to the above stated Section to allow him to demolish a part of his home and add a porch and also build a 24' x 24' detached garage in the rear of the property. According to the drawing Mr. Dachel provided it appeared the proposed structures met the required setbacks and that the garage would gain access off of an existing alley. Harmening indicated that Mr. Dachels lot was part of the original plat for the city and had been subdivided into its present size in 1868. MINUTES 86-7 VARIANCE REQUEST-MR. BERNARD DACHEL- 412 E. 5TH St. Mr. Dachel was in attendance and answered questions of the Planning Commission. Commissioner Stevens did not feel that Dachels request met the code criteria for the granting of variances. After discussion a motion was made by Commissioner Conzemius, seconded by Commissioner Folch, to recommend approval of the variance due to the following reasons: 1. That special conditions and circumstances exist which are peculiar to this situation. 2. That 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 the zoning ordinance. 3. That the special conditions and circumstances in this case do not result from the actions of the applicant due to the fact that the lot in its current condition was created in 1868. This motion was subject to a condition that a survey be completed by Dachel prior to building permit issuance such that the setbacks for the proposed structures were correct. Upon vote taken, Ayes, 6; Nayes, Commissioner Stevens~ Commissioner Voelker abstained. The motion was declared approved. Hastings Construction was requesting site plan approval and a building height variance from the required limit of 35 feet to 36 feet to allow the construction of a 24 unit condominium along Lyn Way located just north of the Valley Manor Apartment Recreation Center and west of the Vermillion State Bank. Planning Director Harmening indicated that the proposed building is the same, in terms of visual appearance, as the condo building currently in place which is located west of the subject site. Harmening also indicated that members of the Planning Commission may have recalled that in the Fall of 1985 the city approved a replatting of the Valley Manor Ist Addition to Valley Manor 2nd Addition, approved a rezoning of the Valley Manor 2nd Addition plat from R-2 and R-3 to R-4 Medium Density Residence, approved a concept plan for the entire Valley Manor 2nd Addition Condominium Development, and provided specific site plan approval for the recently constructed condo building. With respect to the site plan Harmening indicated that staff had met with the Developer and had worked out details of the site plan. Harmening further indicated that essentially the site plan now before the Planning Commission met zoning requirements and appeared acceptable to staff with respect to fire protection, storm water disposal, parking lot screening,etc. Other items which Har~ning discussed with the Planning Commission included: Fire hydrant - Harmening indicated that the Developer had agreed to extend a water main from Lyn Way into the lot and place a hydrant adjacent to the northeast corner of the proposed building. Staff has suggested, primarily to ensure adequate maintenance, that the Developer dedicate the watermain and hydrant to the City and provide an easement SITE PLAN & 86- 8 VARIANCE REQUEST-24 UNIT CONDQMINIUM-LOT 4,BLK 1,VALLEY MANOR 2ND ADDN. HASTINGS CONST. C~PANY for the watermain and hydrant location such that the city had accessibility. Existing easement - Harmening further indicated that the site plan illustrates the location of a sewer and storm sewer easement between the two westerly garage buildings and also on the south side of the condo building. Although the easements exist in part for the utility locations Harmening noted that the City and Developer consider the storm sewer and sanitary sewers in these easements as private and owned by the Developer. Harmening indicated that at some point in the future the Developer and city should discuss the possibility of dedicating these utility structures to the City. With respect to the variance request Harmening again indicated that the developers were requesting that the City provide a variance to allow them to construct the condo at a height of 36 feet at the very peak of the roof. It was noted that although the Developer could probably redesign the roof to meet the 35 foot roof requirement, the 36 foot roof will provide for a 4:12 roof pitch which is a desirable pitch from a weathering standpoint, water drainage, etc. Harmening also noted that the existing condo building, which received site plan approval in the Fall of 1985, also has an elevation at the roof peak of 36 feet. In addition, the condo building along Whispering Lane also has a height of 36 feet at the roof peak. Harmening indicated that staff is of the feeling that the 36 foot height appears functional and does not appear to create any great problem or detriment to the surrounding property. After discussion a motion was made by Commissioner Kaiser, seconded by Cemmissioner Anderson, that the site plan be approved subject to the following conditions: A. That the 24 unit condominium and accessory items such as the garages, open parking, landscaping, drainage, etc. be completed pursuant to the revised site plan dated 9/18/86. Upon request for occupancy of the building all uncompleted items contained within the site plan shall be addressed pursuant to the escrow requirement contained within the site plan review provisions of the Cttys zoning ordinance (Section 10.24). B. That the watermain extension and hydrant be installed by the Developer pursuant to City specifications and, upon completion, dedicated to the City along with an easement. The exact location of the watermain and related easements are to be rechecked to ensure ease of maintenance of the hydrant and water line by the City. The Developer is required to provide the necessary survey work and related easement document preparation. Upon vote taken, Ayes, 8~ Nayes, O. After further discussion a motion was made by Commissioner Stevens, seconded by Commissioner Conzemius, that the variance be granted to allow a maximum building height of 36 feet at the roof peak versus the City requirement of 35 feet as the proposed height has been permitted on at least two separate occasions which has provided evidence that the building height is functional and is desirable from a roof pitch perspective and is not a detriment to the surrounding properties. Upon vote taken, Ayes, 8; Nayes, O. Planning Director Harmening indicated that the Development Agreement between Mr. Grund and the City of Hastings regarding the Three Rivers Mobile Home Park Oevelopment stipulates that only wood sided homes can be brought into the park. The Planning Commission reviewed a letter and related exhibits from ~Ir. Grund which requested that the City reconsider this requirement. In this case Mr. Grund was requesting that homes within the park be allowed to have vinyl siding. Harmening noted that this matter was discussed by the Council at its last meeting. At the Council meeting the City Council requested that the Planning Commission provide them with a recommendation on this request after the Planning Commission had received comment from the property owners in the area of the Three Rivers Mobile Home Park. Harmaning noted that he had mailed a notice to all of the property owners along Malcolm Avenue inviting them to make comment on Mr. Grunds proposal. Comments received from the audience regarding this matter were as follows: Kevin Kehn, 3200 Malcolm Avenue - Mr. Kehn discussed matters pertaining to the Development Agreement between the City and Three Rivers. Mr. Kehn questioned why Mr. Grund was always requesting changes to the agreement. Mr. Kehn also presented thoughts on the proposed siding which pertained to the propensity for the vinyl siding to be shiny. Ken Grund was also in attendance and provided comments on vinyl siding and answered questions of the Planning Commission. After considerable discussion a motton was made by Commissioner Kaiser, seconded by Commissioner Anderson, to recommend to the City Council that the Development Agreement be amended to allow horizontal vinyl lap siding which shall be Iow gloss with a wood grain texture/embossing. Upon vote taken, Ayes, 7; Nayes, Commissioner Voelker. The Planning Director reviewed with the Planning Commission the second draft of a proposed manufactured home park ordinance. Members of the Planning Commission discussed with Mr. Grund matters pertaining to the proposed ordinance. The Planning Commission also provided Planning Director Harmening with comments and suggestions on modifications to the ordinance. The Planning Commission tabled further action on the proposed ordinance until the Planning Cemmissions next meeting such that Harmening could implement the suggested changes made by the Planning Commission. Planning Director Harmening indicated that the Committee of the Planning Cemmission had not yet met to study the sidewalk plan due to the fact that the Committee was waiting for the School District to name a representative to the committee. Harmening indicated that Oave Tanner of the School Board had been designated as the representative of the School District to serve on the committee. Chairman Simacek requested that the REQUEST FOR A~NDMENT TO DEVELOPmeNT AGREEMENT-VINYL SIDED HOMES IN THE THREE RIVER MOBILE HOME PARK-KEN GRUND PROPOSED MANU- FACTURED HOME PARK ORDINANCE SIDEWALK PLAN committee members get together after the meeting to establish a date for the committees first meeting. Planning Director Harmening updated the Planning Commission on recent actions taken by the City Council. Planning Director Harmening informed the Planning Commission of the potential for changes to the Municipal Planning Legislation. A motion was made by Commissioner Kaiser, seconded by Commissioner Dredge to adjourn the meeting at 9:00 p.m. Upon vote taken, Ayes, 8; Nayes, O. OTHER BUSINESS ADJOURNMENT