HomeMy WebLinkAbout07/13/87July 13, 19!37
Tile ,Regular :ueeth}, oF tl:e 2l~stin:ss Planning Ca:~mission ~,es called to order ~t 7:~0 p.~.
}I~nbers present: Co~nissioner Stevens~ Dredge,
~,~lo~r~ Anderson, Voe!ker and
~ctinl~ Chairnail ?olch.
Absent: Co!~missioners Ditty,s~nacek~" and Conzemius
Staff Present: Pla~nin,% Director Thomas Han~mnin% nnd Planning intern Steve Bjork.
A ~tion was made by Cmmnissioner {(aiser, seconded by
Commissioner Stevens to approve the June 22, 1937 Planninz
Ccamission minutes. Upon voteta~.en,' '- Ayes, 6; Nayes, O.
Acting Chain~mn Folch opened the Public Hearing at 7:35 p.m.
Planning Director Uar~nins indicated that Davies Excavating
was requestinE a ne~ special use pernit to allow an expansion
to be made to the east side of their existing gravel pit alon%
East loth Street. The size of the expansion area is approximately
7.5 acres. Harmening explained to the Planning Co.~nission and
the audience matters pertaining to recent city action regardinS
work which Davies had started in tlne expansion area without
the proper per.,~its. Harmening further indicated that a prinary
issue with respect to the Davies operation pertained to concerns
the County and State had re~arding the impact the existing
and proposed pit may have on ground water conditions in the area.
Area residents have also expressed concerns regarding ground
water impacts. Harmening indicated that Davies had employed a
hydrologist and geologist to work with the city, County and
State to address t~e hydrology issues. Hani~ening further
indicated that a~o this point in time no information or data
had been developed for review by the City, County or State.
PUBLIC !IEAR!UG-SPECI~L USE
PE ~IIT-GRAV~ HIN!UG
OPERATIO!I-CS~%H 54-DAVIES
EXCAVATIUG
Comments which were received ~ ,~
· ro~l the audience included:
Sue Sandkamp - Hs. Sandkamp asked various questions regarding the
process for reviewing the special use permit as related to ~n~
study being done by the i~ydrole~is~. Planning Director Harmening
answered her question.
The ~ being no further comments from tine audience Actin!z CnaL nan
Folch closed the public hearinz at 7:3~ p.m.
After discussion a motion was ~lade by Cmm,~issioner Stevens,
seconded by Ccm~issioner Kaiser, to table this .rotter and continue
the public hearing until all necessary hydrologic infor,mtion
had been developed and provided for review. Upon vote taken,
Ayes, ~; !.Iayes, O.
Acting Chairman Folch opened ti~e public hearing at 7:50 p. ~.
Planning Director !tarmenin~ indicated that on Lot 9, Bloc: 2
constructed. At the ti:ne the building permit application had
been made ~ site plan was provided which il~ustragad the ho3~
meeting the proper setbacks. Also, during the tim that footing
inspections were .~ade the buildin{ departaent {as shown st,:es
Jhich ~{ere supposed go represent the pro?try corners. Based
on these stakes the building department interpreted that the
ho.lie ;let the DropeF setbacks. Recently, ~ n~ survey was made
of the area and it was found that the home was constructed
over the c~m~mn lot line of Lots ~ ~ 9 ~ich also ~eant fi~at
the hose was constructed over a 10 foot drainage and utility
easement lo,ted on the cm~nmon lot line. Mike Williams, Fee
Owner of Lot 9, and Art Kruger, Fee %{ncr of Lot S were
r~uesting that the city approve a minor subdivision as per a
survey which had been made. Harmening indicated that the survey
illustrated a ne,{ lot line wl~ich was proposed to only be realigned
around the house itself. The 7 foot side setback would appear
to be nat by the new b~n~ry line but the required 33 foot
rear setback would not be met. Hmtnening further indicat~ that
in staffs opinion ~e proposed minor subdivision was not
acceptable fr~n the perspective that it did not meet the rear
yard setback nor did it provide for a clean and easily discernable
boundary between the two lots as well as clearly and easily
described legal descriptions. Harmening also indicted that
the proposed minor subdivision did not exemplify good planning
and subdivision techniques particularly in light of ~e fact
that Lot ~ as well as most of the rmnaininZ area had not yet
~en developed. Harmening also noted that prior to the
submission of the proposed minor subdivision he had informed
~ue applicant that the proposal ~ffnich was now before the city
would not be acceptable. Hannening also provided a drawing of
a minor subdivision ~ich had ~en proposed by staff. !n ~dnis
case the staff proposal shifted the lot line 14 feet into Lot 8
and ran par~lel with the existing lot line for the entire
length of the lot. The 14 foot adjustment assayed that the
h~se encroad~ed by 7 feet on Lot 8 and provided for the
r~uir~ minim~n setback of 7 feet. Harmening also noted that
the City Council would be conducting the r~uired public hearing
on the utility and drainage easement question during the Councils
July 20th '.~eting. Har~ning indicted tlnat it did not spear
that the easement was needed nor would it appear that a n~
ease:~nt would be r~uired to be dedi~ted. Cmnments receiv~
from the audience included:
Art Kruger - ~lr. Kruger felt ti~at the city was i~olding up the
process and that the proposed minor subdivision was not a bi%
problan and should approved by the city as proposed by the applicants.
Hike [illiams - !Ir. Uilliams explained the process of ti~e nista{e
regarding the building placement and ra~uested approval of the
minor subdivision. Hr. Uilliams also offered an alternate suggestion
which he r~uested the Planning Cmm~ission consider, in this
case ~r. Williams indicated that it was critical that as much of
the original frontage of Lot ~ (which was owned by ~rt [(ru2er) be
maintained due to the fact that it would be very difficult to fit
a home which was proposed to be built by Mr. Kruger on Lot ~ if
Lot 3 was shortened by 14 feet for the entire length of the lot.
PUBLTC
ADDTTTUU - ~I~(E
~Ir. !lilliai~s offered an alternate proposal which in this case
would ~naintain the same proposed lot linc fro,'a the ri1~ht of way
bhat it r~n parallel wit~u the e×isting lot line 14 feet from
the existing lot line to the rear of ti~e lot. The Plannin5
Com:~ission found this to be generally acceptable.
As there was no further co;~nents Actin] Ch~ir~nan Foich
closed ~he public hearing a~ ~:00 p.~.
After discussion a motion was made by Canmissioner Stevens,
seconded by Ccr0~missioner Anderson, to not approve the minor
subdivision ss originally proposed but to table the matter
until a n~ proposal was presented ~ich met city requirements
and was in line with the alternate proposal made by Mr. Wii!i~s.
Upon vote tn!mn, Ayes, 6; Nayes, 0.
Planning Director !lannenin~z indicated that during the ~on~h
of June the Planning Department had conducted inspections
of 20 boise occupations. Of the 20 i~spected 4 were found to be
in violation of the hm~e occupation standards or previous
stipulations for approval. During the Councils July 6 meeting
the Council chose not to rene~ these four permits. City Council
had requested that the Planning C~nission review the four
permits and make a recanmendation re!~arding action to be taken.
The four home occupations reviewed by the Plannin~ Camnission
were as follows:
R~/I~'I OF HOME OCCUPATIOU
V IOLAT IOL'S
1. Rachel Foster, ~0~ W. 5th St. - Beauty Shon - Harmening
indicated ti]at as a condition for approval the City Council
required that Foster provide one additional off street parkin~
space. Ha~neninc noted tha~ the additional parking had not yet
been cc~mpleted. Harmening also noted t/nat no parking complaints
inad been registered with the city. Rachel Foster was in attendance
and provided the Planning Cmi~mission with a sketch outlining her
intentions to expand the parking. Foster indicated that she could
have the parking expansion completed within three wee',:s. After discussion
a ~notion was nade by Co~mnissioner Anderson, seconded by C~.mnissio.~er
Dredge to recmmmnd that Fosters hame occupation be approved
subject to Foster i~aving the required off street psrking installed
within four weeks. Upon vote taken, Ayes, 8; .~ayes, 0.
2. Sheila Hublev, 1104 V, 3rd St. - Beauty Shop- Har. neninz noted
that as a condition for approval the City Council r~uired that
Hubley widen the driveway to provide additional off street parking.
The driveway had not yet been uidened. Ha~;]ening noted that
parking complaints had not been registered with the city.
Hubleys were in attendance and provided the Pisnnin~ Com,]ission
with an alternate sketch for widening the driveway from ~4nat had
originally been proposed. Hubley indicated that the driveway
could be widened within about three to four weeks. After discussion
a motion was nade by Co~%nissioner ~(aiser, seconded by Cammissioner
Anderson to rec~nmend that the Hubley ho. ne occupation be approved
subject to !tubley installing the required off street parking within
four weeks.
3. Andy [<limek. 924 ?i. 14th Street - wood c~rvin~ - ~r. [Ian. nenins
indicated that Up. ~limek had called hi~,~ and indicated th~% he
taken by the Plannin~ C~nission on this ~na'ote~.
4. [Iirella U, aurus, 92'] U, 14th St, - Upho!ster¥ b~siness -
Harmenin% indicated that ?,aurus was conducting this business
in an attaci~ed ~arage. This action was in violation of the
home occupation standards. Haurus was not in atte~ance to
discuss this with the Planning Co~nission. After discussion
a motion was made by Cmmnissioner Kaiser, seconded by
Caamissioner Voelker to table this ~mtter and request that
Maurus be in attendance at the next meeting such that the
Planning C~i~nission could fully understand the Haur~s situation.
Planning Director Harmening indicated ti~at Jerome Murtaugh
was requesting that the City of Hastings grant him a
variance from the side yard corner lot setback r~uiranents.
Tne Murtaughs live at the corner of 14th St. and the
unimproved Prairie Street right of way. Har~,mning noted that
in Hay, 19~7 tine Murtaughs and Mrs. Philip Jesme requested
that the City Council vacate all of the Prairie Street
right of way located between 14th St. and the Hastings Senior
High property. The Council felt it would be appropriate to
vacate the entire street since a storm sewer line and walkway
was in place on the property. The Council chose to vacate
only the 11 feet on the east and west sides of the property
with the understanding that the Murtaughs would need a
future setback variance.
As a result of this vacation, the Hurtaughs now own the eleven
feet on tine east side of Prairie Street. Prior to this action
the Murtaugh home was $.79 feet from the lot line. With the
acquisition of the 11 feet tine home is now at 19.79 feet frmn
the lot line. The Murtaugi~s are now proposing to build a 10
foot addition on the west side of their home. This would
result in the home being 9.79 feet fro~ ti~e lot line. The
zoning ordinance requires a 15 foot setback on corner lots.
Therefore, the ~.Iurtaughs were requesting a variance of 3.21
feet from the required 15 feet.
After discussion a motion was made by Co~nissioner Stevens,
seconded by Cc~nissioner Kaiser to recanmend approval of the
variance due to the special conditions and circ~nstances
associated with this case based in part on the fact that
Prairie Street would not be improved for street purposes.
Plannin~ Director Har:nening india~ted that Hastings
Construction was requestin] that the Planning Comnission
order a public hearing to consider the replat of a portion
of the Dakota View 1st Addition Plat which was approved in
the Winter/Spring of 1957. The portion tTnich was proposed
for replatting was the Pringle Court Cul de sac. In this
case the Developer w~s proposing to replat the ct~l-de-sac
to provide for 24 twin home units rather than the 16 units
which were previously approved.
VARI~aDICE R~UEST-StDE YARD
COR[,IER LOT SETBACK - JERRY
~JRTAUGH, 948 W. 14%~ ST.
ORDER PUBLIC HEARIUG
DAKOTA VIE/ 2[~D ADDITiOU
!IA'~T I?~GS ~STRUCTiO'.'I
The Planning Director and the Piano,ins Commission di.scwssed
in iength ~natters pertaining to ~he proposed devel0~nent
as related to the R-1 standards, the Cmnprehe:~sive Pla.~, and
the planned residential develo[~nent process. !tar.lening noted
that the Developer was proposin~ lots which would only encompass
the actual location of the immea. ~armenin2 i~dicated that this was a very
common practice in t~in ho~ne and t~,~nhome develo_n,~enta. Due to
the proposed platting arrangemet~t Harnening noted that it was
difficult to project whether the deveio.unent net the minimm~
requir~ents for the R-1 Zone. Harmening indicated that the
Comprei~ensive Plan requires that single family areas not be
developed at a density greater than 3 to 4 units per acre.
Based on this density requir~nent, which was consistent with
the R-1 zonin~ standards, Harmening noted that only 22 units
would appear to be eligible for this cul de sac under a PRD
basis. ~erefore two units would have to be dropped from the
original proposal.
After discussion a motion was ~ade by Cmnmissioner Dredge,
seconded by C~mnissioner Kaiser to order that the required
public hearing on the proposed preliminary plat be held at
7:30 p.n. on July 27, 1987 subject to ~he Developer revising
the preli:.ninary plat to illustrate o~y 22 units. The Developer
was to have the revised preliminary plat to the Piannin~ Director
by noon of July 20. Upon vote taken, ~Jes, 5; ~layes, 0.
~e Planning Director indicated Phat !(eh Grund, ~nree Rivers
Mobile H~ne Park, was requesting tha~ thc Planning Commission
order a p~blic hearing on the proposed rezoning from Ag to R-5
of 11.26 acres of land located directly west of the existing
~ree Rivers ~.]obile 'dome Park. The Planning Director discussed
matters pertaininS to the previous history of the Three Rivers
Mobile Home Park and the originally proposed Sonden !~obile Ho. ne
Park. Planning Director also discussed mat~ers pertaining to the
Comprehensive Plan, screening and buffering, and the proposed
fire lane. After discussion a motion was made by Canmissioner
Anderson, seconded by Cmm~issioner Stevens, to order a public
hearing on this matter for 7:30 p.m. on July 27, 19~7. Upon
vote taken, Ayes, ~; Nayes, 0.
OR~ER PUBLIC HEARI~.IG-
R~ONZ.UG-~O TO R-5 -
PROPERTY ~DJACE?~T TO THE
~REE RIVERS MOBILE !t9~E
PAR!(-!~I GRUi~D,
RIVERS MOBILE HOHE
Planning Director Harmening and Planning Intern Bjork provided
the Plannin~ Ccnzmissio~ with information pertaining to the
city's planning and zoning fees as relata~d to fees charged in
o~her cm'nn~nities. Harnening also discussed ~tters pertaining
to the expenses the city incurred with respect to processing
various types of planning and zoning applications. Har~ning
suggested that the Planning Co~znission consider having a public
hearing on the potential for raising plam~ing and zoning fees
such t~at local developers and interested persons could provide
cmn.,~ent. After discussion, a motion was nade by Cmm~issioner
Anderson, seconded by Cm~znissioner Kaiser to order a public
hearin~ be held on this ~mtter for the Ptannia~ Cm-.~nissions
August 10, 19~7 meeting. Upon vote taken, Ayes, 6; i~ayes, 0.
DISCUSBIOU 0~ PLA~tII~'IG ~2!D
ZO~II~!G ~ES
oeeu~tio'ns i~dthin the City of [{astinjs. C~missioner REPORT
Xaiser also provided a preliminary statanent re%ardinz i~o:ne
occupations as prepared by the C~'nmittee studying home occupations.
NO further action was taken by the Planning Coh~:nission.
Plannin,~ Director Har, aenins u!}dahed the Planning n '~': ~ ~'
on recent actions t~keu by the City Council and on the proposed
Hastings ~totel.
O~:,~R BUSI l:.~o/U DAT:~
There being no further business a :notion was m~de by Canmissioner
Kaiser, seconded by Cmm~issioner Dredge to adjourn the neetin's
2~ ' , Jayeo, O.
at 9:-~ p.m..Jpon vote taken, Ayes, 5 ....
ADJOUR.I: