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HomeMy WebLinkAbout07/23/79 MINUTES OF HASTINGS PLANNING COMMISSION iViIEETING MONDAY, JULY 2.3, 1979 7:30 P.M. The meeting was called to order at 7:36 P.M. by Chairman Latch. Members Present: Commissioners Latch, Gergen, Liska, Bultman, Wendler, Kramer, and Murphy. Members absent: Commissioner Hughes and Freiermuth Moved by Commissioner Wendler, seconded by Commiss [one r Murphy to approve the Minutes of the July 9th, 1979 Planning Corrnission meeting. 7 Ayes - 0 Naye s. Chairman Latch opened the Public Hearing at 7:37 P.M. The Planner indicated that on file were the Notice of Public Hearing, Affidavit of Publication, and the Certificate of Mailing. Thus, the Public Hearing was properly called. The Planner went on to explain that the request would be in keeping with the current Comprehensive Plan. However, he suggested that in order to better assure that the proposed development would occur if the rezoning was approved, that the Planning Commission recommend the Council not take final action on the rezoning request until the Planning Corrnission has acted on the preliminary plat and site plan. He also noted that one property owner had telephoned his office indicating a favorable reaction to the rezoning request. Mrs. Betty McCoy, a resident on Z2nd Street, stated that she was opposed to the request, indicating that she expected the development to result in increasing traffic difficulties, and that the traffic and noise of that many units adjacent to the property would be an annoyance. Mr. McCoy stated that he felt that Cannon Street should have a storm sewer when upgraded, if upgraded, for this development. Mr. Dick Fuchs, the architect for the developer, stated that the development was being designed so as to minimize traffic conflicts. A Mr. Birchen, indicating that he was representing Mr. Paul and Bill Birchen, stated that they would like to go on record as being in favor of the proposed development. After all people present had an opportunity to be heard on the matter, Chairman Latch closed the Public Hearing at 7:50 P. M. APPROVAL OF MINUTES PUBLIC HEARING - REZ ONING REQUEST FROM C-5 TO R-3 FOR THE PURPOSES OF A TOWNHOUSE DEVELOP- MENT AT 23RD AND CANNON ST. - FRANK M. LANGENFELD & SONS · Planning Commission Minutes -Z- 3uly 23, 1979 (Continue d) Moved by Cbmmissioner Kramer, seconded by Commissioner Wendler to approve ~he rezoning request from C-5 to R-3 for the property indicated, with the recommendation that the Council not take final act[on on the rezoning request until after the Planning Commis sion has made it's recommendation on the preliminary plat and site plan. 7 Ayes - 0 l'qayes. Mr. Rohr proposes to move a building from the Veterans Home property to a lot on Eas~ 3rd St. and on the north side of Lake Isabel. The Planner noted that the structure would appear to be compatible with the rest of the structures in the neighborhood, but explained that the lot did not have direct access onto 3rd Street. Mr. Rohr's site plan indicated a proposed extension of East 3rd St. to provide access to the lot in addition to alley access on the north. The Planner recommended approval of the access, but recommended that it be considered a private drive to the lot from where the street presently ends. He also recommended that Mr. Rohr provide some kind of warning and or barrier to protect against automobiles going off the drive, and into Lake Isabel. Moved by Commissioner Murphy, seconded by Commissioner Bultman to approve the house moving permit, the use of the portion of the East 3rd Street right-of-way for private access to the property and that some safety device be provided. 7 Ayes - 0 Nayes. Mr. Sellner's home presently sits four feet from an interior side property line. Mr. Sellner's variance request would allow him to add an addition to the rear of the house which would also be four feet from the side property line. The side setback requirement is seven feet. Moved by Commissioner Kramer, seconded by Comm [ss ioner Wendler to approve the variance request, as it appeared to be an undue hardship to require the setback required by the zoning ordinance, and that it would appear to be in the public interest. 7 Ayes - 0 Nayes. Rezoning Request - F. M. Langen£eld & Sons (Continue d) MOVING A BUILDING PERMIT - GEROLD ROHR- EAST 3RD ST. BETWEEN FRANKLIN AND WASHING- TON STREETS VARIANCE - SIDEYARD SETBACK REQUIREMENTS FOR HOUSE ADDITION - 1618 FOREST ST. - PATRICK SELLNER Planning Commission Minutes -3- July 23, 1979 (Continued) Mr. Seliner would like a home occupation permit to conduct a small sign and hand lettering occupation in a proposed garage addition at a home at 931 West 15th Street. Mr. Sellner proposes to purchase the property. HOME OCCUPATION PERMIT - SMALL SIGN LETTERING BUSINESS- 931 WEST 15TH STREET- JOHN SELLNER Mr. Sellner indicated that after discussing fire code requirements with the Fire Marshal, he found that it would not be feasible for him to operate this occupation in the basement of the home, and therefore would like special consideration in order to operate out of the garage. The Planner explained that the zoning ordinance specifically prohibits home occupations conducted out of "accessory buildings", and that in his interpretation, the only way this could be allowed would be by an ordinance amendment. Councilman Stoffel was in the audience, and stated that the City had previously granted a home occupation permit to one individual for a home occupation in an accessory building. Several Planning Corn mission members raised questions on just what an accessory building was, and whether an attached garage would be considered an accessory building. Moved by Commissioner Liska, seconded by Commissioner Murphy to direct the ]Planner to discuss the definition of the accessory building with the City Attorney and to research any past home occupations granted for accessory buildings. 7 Ayes - 0 Nayes. The Hopkins's wouldliketo have a home occupation permit for giving private swimming and diving lessons in a private pool which they propose to construct in their backyard. The Hopkins's have a statement signed by 11 neighbors indicating no opposition to their request. HOME OCCUPATION PERMIT- PRIVATE SWIMMING AND DIVING LESSONS - 134Z WEST 17 TH ST. - MR. & MRS. JOHN HOPKINS The Planner suggested that this occupation might also be considered as an operationinoratan "accessory structure". Mrs. Hopkins stated that she did not feel this could be considered an accessory structure. Mr. Hopkins indicated that the sessions would consist of five to six persons and that the occupation would only be conducted during the summer months. He also stated that a good share of the students would be coming by foot or by bicycle. Moved by Commissioner Liska, seconded by Commissioner Bultman to refer the matter to a committee for further research. 7 Ayes, 0 Nayes. Chairman Latch referred the matter to the Liska Committee. Commissioner Gergen asked to be excused from the committee, as he is an acquaintance of Mr. Hopkins. Chairman Latch appointed Commissioner Bult'aaaaa ~:o take his place. · [Planning Commission Minutes (Continued) -4- July 23, 1979 The Planner presented review comments on Denmark Township's Critical Area Plan as prepared by Loucks and Associates. The two comments suggested were that Hastings recommend a five acre lot size for re s idential development without public utilitie s instead of the three as proposed by Denmark's plan. Also suggested would be to make a negative comment on Denmark Township's identification of the penninsula between Conley Lake and the Mississippi River as a dredge spoiled disposal site, as it would be in conflict with the findings of Hastings Critical Area Plan. COMMENT ON DENMARK TOWlNSHIP CRITICAL AREA PLAN AND OR DINAN CE Moved by Commissioner Wendler, seconded by Commissioner Murphy to recommend that the Council forward those comments to Denmark Township. The Planner explained that the recent information regarding the State statute which specifies that day care centers are to be considered as permitted single family residential uses when serving ten or fewer children was unusual and unclear. He suggested that the Planning Commission recommend that the Council authorize the City Attorney to request an Attorney General's opinion on the scope and limitation of the State statute. RECOMMENDATION TO PURSUE CLARIFICATION OF STATE STATUTE PERTAINING TO DAY CARE IN' SINGLE FAMILY ZONING DISTRICTS Moved by Corm[ssioner Kramer, seconded by Commissioner Murphy to accept the Planner's recommendation and request that the suggested action be taken. 7 Ayes - 0 Naye s. Moved by Commissioner Wendler, seconded by Commissioner Kramer to adjourn at 8:59 P.M. 7 Ayes - 0 Nayes. ADJOURNMENT