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HomeMy WebLinkAbout02/10/86MINUTES OF HASTINGS PLANNING COmmISSION Monday, February 10, 1986 The Regular meeting of the Hastings Planning Cou~nission was called to order at 7:30 p.m. Members Present: Commissioners Ditty, Stevens, Dredge, Folch, Kaiser, Conzemius Anderson, Voelker and Chairman Simacek. Members Absent: None. Staff Present: Planning Director Harmening. Mayor Stoffel swore in new Planning Commission Member Susan Dredge for a two year term. Crmm~ssioner Folch moved, seconded by Cc~m~ssioner Kaiser, to approve the January 27, 1986 minutes. Voice vote carried unanimously. APPROVAL OF MINb~ES Tom Montgomery, Assistant City Engineer, presented and reviewed with the Planning Conm~ssion the proposed 1986 street and utility improvement projects. The estimated total cost for all of the proposed 1986 improvements is $1,976,812.00. The Planning Con~ission discussed general matters pertaining to the projects and acknowledged receipt of the report. REPORT ON PROPOSED 1986 IMPROV~4E57f PROJECTS The Planning Director reviewed with the Planning Conmission the request made by Mr. Hughes for a sideyard setback variance to the R1 setback requirements. In this case the applicant has a lot 75' x 130' in size. Currently a home is situated on the lot such that all necessary setbacks have been met. In this case the applicant has an attached garage on the north side of his home which is located 7' from the interior side lot line. The applicant is proposing to convert the existing attached garage into family living space and constructing a new 22' x 24' attached garage directly to the west or street side wall of the proposed new living space. The proposed new garage would have a front setback of 28' and an interior side setback of 7', beth of which are acceptable. The existing garage, which is proposed to be converted into living space, will continue to have an interior side setback of 7' which does not meet the 10 foot setback requirement for the living area of the home. Therefore the applicant has requested a 3 foot setback variance. 86-1 VARIANCE REQUEST-GARY HUGHES, 1475 BRITTANY ROAD- S IDEYARD SETBACK The Planning Director informed the Planning Co~nission that the applicant has presented arguments, which were made available to the Planning Co~mission members, to address the required "tests" or standards as necessary for the granting of variances. The Planning Director indicated that it appeared the applicants situation and related arguments did not meet the standard for the granting of variances. The applicant indicated disagreement with staffs interpretation of the matter and maintained that the arguments mede were relevent and adequate. The applicant also maintained that the variance would not be detremental to the neighborhood. Conmissioners Stevens and Voelker expressed concern with the possible precedence which may be set by the granting of a variance such as this due to the fact that in beth the R-1 and R-2 zones an attached garage is allowed to come closer to the property lines than the living portion of the house. The Planning Director indicated that the primary reason for the larger set back require- ment for the living area of homes was related to concerns pertaining to -2- noise, privacy, {{re, and other sa£ety concerns. After further discussion Con~Y~ssioner Stevens moved, seconded by Conn~ssioner Voelker to recomnend denial of the variance due to the setting of a poor precendence if the variance was granted and due to other reasons which are outlined below. Upon vote taken Con~issioners Stevens, Dredge, Folch, Kaiser and Simacek voted in favor of said motion; Con~issioners Ditty, Conzemius and Anderson voted against said motion, whereupon said motion was declared approved. Other reasons for the denial of the variance were as follows: That special conditions and circumstances do not 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. That literal interpretation of the City Code would not deprive the applicant of rights co~nonly enjoyed by properties in the same district under the terms of the zoning ordinance. C. That the special conditions and circumstances result frc~ the actions of the applicant. Do That granting the variance request will confer on the applicant special priveleges that are denied by the zoning ordinance to other lands, structures, or buildings in the same district. The Planning Director reviewed the permit request made by the applicant. Mr. Chapin is requesting a Home Occupation Permit for his home to allow him to conduct a towing service. Chapin recently bought Skip's Towing Service. Currently, with the exception of two rigs, Chapin is storing his tow trucks in his impound lot. Chapin proposes to keep one 1975 One ton tow truck on his premises and stored in his garage when not in use. Chapin also takes calls at his home and dispatches vehicles as needed. Mr. Chapin intends to eventually move his full operation to the impound lot but still store a truck at his home when not in use and take phone calls. Mrs. Henrietta Baldwin, 320 W. 4th St., was present and presented concern regarding possible noise and clutter problems. Planning Co~n~ission also received a note sent by a property owner at 3]8 W. 4th St. which expressed opposition to the applicants proposal. Mr. Chapin presented a letter signed by neighbors in the area which expressed approval of the proposal. After further discussion Conmlissioner Dittymoved, seconded by Cor~nissioner Voelker to recommend approval of the Home Occupation Permit for a 90 day period subject to the conditions outlined below. After the 90 day period the operation will be reviewed to determine compliance with the conditions. Upon vote taken Conn~ssioners Ditty, Stevens, Simacek, Conzemius and Voelker voted in favor of said motion; Con~nissioner Dredge, Folch, Kaiser and Anderson voted against said motion, whereupon the motion was declared approved. HOME OCCUPATION PERMIT REQUEST- DAVE CHAPIN, 401 WEST THIRD STREET- TOWING SERVICE The conditions set forth for the approval of the Home Occupation Permit were as follows: A. Only one tow truck is permitted to be parked on the premises at any one time. Bo During anytime the one tow truck is on the premises it mst be parked entirely within the garage on the premises. The tow trucks may not be parked or stored on the street. c. No repair work on the one tow truck shall occur on the premises or street. D. No impounded or towed vehicles may be brought to the premises or stored on the street at any time for any period of time. Not more than one tow truck may be present on or near the premises at any time. Other tow trucks may not congregate on or near the premises at any one time. Fo The one permitted tow tr~ck must be in a mechanical condition, particularly with regard to the muffler system, such that it does not disrupt the neighborhood at any time. G. Any violation of the provisions, which are a condition of permit approval will subject the Home Occupation Permit to possible revokation. Mr. Richard Anderson is requesting a Home Occupation Permit to allow him to conduct a limousine service out of his hc~e. According to Mr. Anderson he will be using a 1985 Chrysler Limo to provide transportation for individuals to and frc~airports. Anderson intends to use a 144 sq. ft. room within his home, of a total of 2,700 square feet, for the purpose of receiving phone calls from individuals requesting transportation. After discussion a motion was made by Cc~nissioner Conzemius, seconded by Commissioner Anderson to recc~nend approval of the Home Occupation Permit subject to the Limo being parked in the garage when not in use. Ayes, 9; Nayes, 0. Planning Director Harmening reviewed with the Planning Conm~ssioner the application made by Mike Williams, pursuant to Section 10.24 of the Hastings City Code, for site and building plan approval for the 9 remaining proposed four plex structures in the Whispering Meadows Plat. The location of the site is adjacent to the intersection of Pleasant Drive and Whispering Lane. The Planning Director noted that the City recently gave site plan approval for the construction of one four plex on lot 3 within this plat. Williams indicated that the construction schedule proposed for the remaining four plexes would hopefully allow all the buildings to be under construction yet this year. The Planning Director noted that several of the structures, particularly along Pleasant Drive, are proposed to face into the development with the rear side of the buildings facing the street. HOME OCCUPATION PERMIT REQUEST- RICHARD ANDERSON, 1420 18TH COURT- LIMOUSINE SERVICE SITE PLAN REVIEW- LOTS 1-2,4-8, BLOCK 1, WHISPER- INGMEADOWS- MIKE WILLIAMS -4- The Planning Commlss{on reviewed %he require~ exhibi%s as provided by Mr. Williams. Cxx~nissioner Voelker expressed concern with the plans to face some of the homes into the develot~nent. Chairman Simacek discussed concerns with developers changing their development plans. After discussion, Comnissioner Folch moved, seconded by Comnissioner Kaiser, to recc~nend approval of the site and building plans for the nine remaining four plexes subject to the conditions outlined below. Upon vote taken Commissioners Ditty, Stevens, Dredge, Folch, Kaiser, Anderson and Simacek voted in favor; Con~issioner Voelker voted against said motion; Con~issioner Conzemius abstained, whereupon the motion was declared approved. The conditions outlined for approval of the site plan are as follows: The develol]nent of the property in question is to be undertaken and completed, including the locations of the structures and garages, parking areas, garbage containers and screening, utilities, tree plantings, grading and drainage, etc. exactly as illustrated on the plans submitted with the site plan review application. B. That the proposed garbage dumpsters be set on a concrete slab and be enclosed and screened on all sides with opaque screening. That a hedge or other attractive screening at least three feet in height be installed along the eight open parking stalls which serve the three attached four plexes on lot 8, block 1, Whispering Meadows. Do Final construction plans for the sewer and water utilities to be submitted to the city and other required agencies for approval. All manholes to be raised to finished grades. The existing drainage ditch/swale on the north and east side of the plat shall be graded to the contours as shown on the site plan. ~%e top surface of the entire swale to be covered with black dirt and sodded. F. As the four plex units on each lot are near or at completion of their construction top soil and sod shall be placed on the entire lot. G. Adequate erosion control measures shall be implemented as needed, to the city's satisfaction, during construction within the plat. That the developer provide the city, for its' approval, a time table which illustrates the schedule for the installation for the sewer and water utilities and the regrading of the existing drainage swale. It is also requested that the developer provide the city with an estimated construction schedule for the dwelling units. I. The provisions in the developers agreement between the applicant and the city dated June 19, 1985 are still in force and applicable. -5- A motion was made by Cor~missioner Ditty, seconded by Con~issioner Conzemius, to call a Public Hearing for February 24, 1986 to review a special use permit to allow mobilehome sales in a C-2 district at a site located at the intersection of Hwy 61 & 316. Upon vote taken, Ayes, 9; Nayes, 0. A motion was made by Co~nissioner Kaiser, seconded by Commissioner Anderson to call a Public Hearing for February 24, 1986 to review a request made by A1 Sieben for approval of a rezoning from Agriculture to R-3 PRD and a preliminary plat for Siebens 3rd Addition. Upon vote taken, Ayes, 9; Nayes, 0. The Planning Director and Planning Co~nission discussed the following items; A. Revisions to the Mobilehcme Park Ordinance. B. Revisions to the Home Occupation Ordinance criteria. Chairman Simacek appointed a con~ttee consisting of Commissioners Kaiser, Dredge, Folch, and Simacek to study possible changes to the ordinance. C. Discussed Special Use Permits. D. Discussed possible other uses for large historic structures. The Chairman requested that the Planning Cor~mission r~mbers think about other possible uses. The Planning Director informed the Planning Commission of recent City Council actions. Cc~missioner Folch moved, seconded by Co~missioner Stevens, to adjourn the meeting at 9:30 p.m. Ayes, 9; Nayes, 0. ORDER PUBLIC HEARING-SPECIAL USE PERMIT-MOBILE- HGME SALES AT HWY 61 & 316- RON BECt~ER ORDER PUBLIC HEARING-REZ ONING AND PRELIMINARY PLAT-SIEBENS 3RD ADDITION-AL SIEBEN OTHER BUSINESS ADJO~