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HomeMy WebLinkAbout11/28/88HASTIi'~GS PLAN!~I~!G ~H~]ISSIO?,I November 28, 19SS The regular meeting of the Hastings Planning Commission was called to order at 7:30 P.t4. Members Present: Chairman Folch, Cc~nmissioners Ditty, Kaiser, Anderson, Dredge, Zender and Voelker Hembers Absent: Commissioners Featherstone and Krook. Staff Present: Planning Director Harmening and Planning Intern Jorgenson Commissioner Kaiser moved, seconded by Commissioner Dredge to approve the minutes of ~.~nday November 14, 1988. MINUTES Upon vote taken, Ayes, 7; Nayes, O; ~4inutes approved. Chairman Folch opened the public hearing at 7:33 p.m. There being no comment from the audience Chairman Folch closed the public hearing at 7:34 p.m. Planning Director Harmening reviewed with the Planning Commission the requested minor subdivision. In this case Dr. Robert Gahnz requests is to attempt to resolve a structural encroachment on an adjacent parcel. Following a rec~nt survey it was determined that a structure on one of the parcels encroached on the other parcel by 2'7". The applicant is requesting the realignment of the lot tine to resolve the problem. ~UBLIC HEARING-MINOR SUBDIV.-LOTS 2 & 3, BLK 15 TOt~N OF HASTINGS-GAHNZ The Planning Commission reviewed the application and following discussion a motion was made by Commissioner Zender and seconded by Commissioner Kaiser to approve the minor subdivision. Upon vote taken, Ayes, 7; Nayes, O; Motion passed. Planning Director Harmening outlined to the Commission the conditions that prompted a desire by the City to have an ordinance which would outline when the city would be able to order a traffic study, as the result of various land use proposals. PUBLIC HEARING- ORDINANCE ON TRAFFIC STUDIES Chairman Folch opened the public hearing at 7:37 p.m. There being no comment from the audience Chairman Folch closed the public hearing at 7:38 p.m. Following discussion by the Ccmmission a motion was made by Commissioner Dredge and seconded by Commissioner Ditty to recommend to the City Council, the passing of the ordinance as written. Upon vote taken, Ayes, 6; Nayes, O; Voelker abstained. Planning Director Harmening detailed to the Commissioners a variance request by J. !~ichael Gegen of 222 I~. 13th St. The request is the result of a desire by Hr. Gegen to construct a 24 x 9 three season porch mm existing home. The home previously had a porch located in the same location Hr. Gegen proposed. This porch was VARIANCE REQUEST- 222 W. 13~ ST. LOT 5, BL!< B7 TO~iN ~ ~ARTINGS-J.MICHAEL GEGEN subsequently removed from the property by another owner. The applicant indicated that the home is located 19' frcm the front property line. The home is located in a R-3 zoning district which requires a 25' minimum front yard setback. Adjoining properties do not appear to meet the 25t minimum and, as such, in accordance with Section 10.23 Footnote B of the City Code, the minimum front yard setback shall be the average setback of the area structures. In this case it appears that this average would be approximately 15' to 20'. City Code further states that in no case shall the front yard setback be less than 15'. It is in this area of the zoning ordinance to which this variance application applies. Planning Director Harmening further stated that the homes location in a R-3 zone and Its use as a single family dwelling would technically make the subject property an existing non-conformity and that city codes states that non-conformities should not be enlarged or extended. However, Harmening stated that it was staffs opinion that not allowing possible improvements to be made to such a structure due to the non-conforming status does not meet the intent of the zoning code based upon the following arguments: Ae The use of the property for single family purposes is a tess intensive use than is generally permitted in the R-3 zone. It is felt circ~nstances would be different if a non-conforming multi-family structure were proposed to be added onto in a single family zone. Theoretically the subject property is large enough to acc~mdate a possible conversion to a duplex which is permitted in an R-3 zone. C. The homes in the area of the suh.!~c~ p-~,~rtv are generally single family in nature. It was staffs recommendation to the Commission that they review the variance and determine if agruments presented by ~r. Gegen, who was present to address pertinent questions, meet any or all of the requirements for the granting of a variance. Following considerable discussion by the Commissioners a motion was made by Commissioner Ditty and seconded by Commissioner Anderson to approve the variance upon the basis that special conditions and circumstances were apparent in this case as the proposed three season porch was proposed to be constructed in the same location as a previous porch which had been a conforming structure when originally constructed. Upon vote taken, Ayes, 3; Nayes, Zender, Folch, Kaiser and Voelker. ~otion failed. Following additional discussion a motion was made by Cc~nmissioner 2ender and seconded by Commissioner Kaiser to deny the variance request because it does not meet any of the established criteria for the granting of variances and that approval would set a precedence for similar cases in the future. Upon vote taken, Ayes, 4; Nayes, Anderson, Ditty and Dredge. Motion passed. Planning Intern Jorgenson indicated that Allen Messner was requesting a home occupation permit to allow him to operate a home improvement business out of his home located at 709 ~. 11th St. Jorgenson reviewed the application with the Commission. The applicant indicated that 100 sq.ft. out of a total of 1050 sq. ft. within the home would be used for the purpose of the occupation. Messner further stated that the homes use would be for office and phone service only and that materials and equipment related to the occupation would be stored elsewhere. In addition it was indicated that fifteen vehicle trips a week would result from the conduct of the home occupation and that no additional parking requirements would result from the occupation. HOME OCCUPATION PEF~HIT-ALLEN L. ~4ESSNER 709 ?~. 11TH ST.- HOME HOI'4E I HPROVEHENT CONTRACTOR Based upon the information provided a motion was made by Commissioner Kaiser and seconded by Commissioner Voelker to approve the permit subject to Mr. Messner complying with all the standards pertaining to home occupations. Upon vote taken, Ayes, 7; Nayes, O; D~otion passed. Planning Director Harmening detailed to the Commission the proposed new language to deal with corner side setback requirements. The ordinance is the result of a desire by staff to eliminate ambiguities that exist in the language of the current ordinance. CORNER SI DE SETBACK ORB I NANCE Following discussion a motion was made by Commissioner Kaiser and seconded by Commissioner Ditty to recommend the adoption of the new language. Upon vote taken, Ayes, 7; Nayes, 03 Motion passed. The Planning Director updated the Planning Commission on recent City Council action and office zoning committee actions. OTHER BUSINESS/ UPDATES There being no further business or updates a motion was by Commissioner Kaiser and seconded by Commissioner Zender to adjourn the meeting at 8:20 p.m. November 28, 1988. ADJOURNMENT Upon vote taken, Ayes, 7; Nayes, O; ~,~eting adjourned.