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Home My WebLink About04/09/79MINUTES OF HASTINGS PLANNING COMMISSION MEETING MONDAY, APRIL 9, 1979 7:30 P.M. The meeting was called to order at 7:30 P.M. by Chairman Latch. Members Present: Commissioners Latch, Murphy, Kramer, Hughes, Bultman, Liska, Gergen and Wendler who arrived at 7:33 P.M. Membe rs Absent: Commis sione r Groth Moved by Commissioner Murphy, seconded by Commissioner Hughes to approve the Minutes of the March 26, 1979 Planning Commission meeting. 8 Ayes - 0 Nayes. APPROVAL OF MINUTES Commissioner Kramer gave the Committee report which indicated that the Committee felt that being the location was on a wide, unimproved street, that it was a side street and therefore did not experience much traffic, that there was a small number of children and those children would be supervised, the Committee felt that the home occupation permit should be granted. Commi- ssioner Kramer went on to explain that two of the Committee members felt that it would not be necessary to require that a fence be constructed in the backyard, while the other Committee member , Commissioner Murphy, felt that a fence would be appropriate. Commissioner Hughes indicated that a neighbor had expressed concern about the safety of the children and liability, and therfore felt that a fence for safety would be appropriate. Various ether Commissioners felt that a fence would be appropriate. COMMITTEE REPORT- HOME OCCUPATION PERMIT - DAY CARE CENTER IN AN R-Z ZONE- MR. & MRS. MICHAEL HOLUB-31Z STATE ST. Moved by Commissioner Murphy, seconded by Commissioner Bultman to approve the home occupation with the condition that the fence be erected this summer prior to any operation as a day care center, and that the Planning Commission recommend to the County that a grant be given to the Holub's for the construction of a fence. Commissioner Gergen commented that he felt that the Planning Commission had no business in making any such recommendation and that the fence should be constructed regardless of whether or not a grant is received. Other Commission members felt that a specific date for the construction of the fence should be indicated. Planning Commission Minutes -Z- April 9, 1979 (Continued) Moved by Commissioner Kramer, seconded by Commissioner Hughes to amend the motion to read: Approve the home occupation permit with a condition that a fence be erected by August 31, 1979 and that the Holub~s may continue to operate the day care center until that time. 7 Ayes - Gergen, Nay. Home Occupation Holub' s (Continued) The vote on the motlonas amended was: 7 Ayes- Ge rgen, Nay. Commissioner Wendler gave the Committee report and indicated that the Committee had met with Mr. Bauer to discuss his p,roposal. The Committee indicated tha~t it would appear to be appropriate to rezone the property to a single family dwelling district, as it would be compatible with the surrounding area and that the property should be R-1 rather than R-Z. At this time, a straw vote was taken which indicated that general agreement with the Committee report. Mr. Bauer will presumably be coming back with a formal reque st. COMMITTEE REPORT- DEVELOPMENT PROPOSAL, REZONING AND PLATTING- SOUTH SIDE OF W. Z3RD ST. - WILLARD BAUER Mr. Fry would like to have an office in his basement HOME OCCUPATION for his use in the sale of fire protection and burglar alarm PERMIT - OFFICE USE- systems. Commissioner Liska asked Mr. Fry if he DALE FRY-Z0g5 MAPLE would be receiving and storing inventory at his home. ST. Mr. Fry indicated that he might have a limited amount of inventory which would be delivered by vehicles no larger than a UPS delivery truck. The Planner indicated that Mr. Fry had stated he did not intend to have a sign on his premises. Mr. Fry confirmed that. Moved by Commissioner Wendler, seconded by Commissioner Murphy to approve the home occupation permit. 8 Ayes - 0 Nayes. Mr. Murphy would like to construct a duplex on each of two lots adjacent to the Midtown Shopping Center which are currently zoned R-3. Based on the information given by Mr. Murphy, the lots are approximately 1000 square feet short of the required minimum lot size for duplexes. Mr. Murphy is requesting variances from that lot size requirement. The Planner reported on the variance request, explaining that the request as presented did not appear to show justification for granting VARIANCES - LOT SIZE REQUIREMENTS FOR CONSTRUCTION OF DUPLEXES IN AN R-3 ZONING DISTRICT-CORNER OF WEST 13TH & EDDY STS. PAUL MURPHY a variance. However,he noted that if the adjacent alley were vacated the request could be considered to be more reasonable. Planning Commission Minutes -3- April 9, 1979 (Continued/ Comrnents from affectgd neighbors are as follows: Variance - Paul Murphy (Continued) Iqame Mr. Dick Holmes Nancy Julius Paul Murphy Mrs. Clement Warner Mr. Bill Martin Comment Mr. Holmes stated that he felt the neighbors generally be in opposition to anything other than single family homes, that he objected to the magnitude of the variance request, and questioned if duplexes would be compatible to the single family homes that comprise the majority of the surrounding neighborhood. He noted that it was his understanding that the property immediately west of the proposed sites was zoned R-Z. The Planner stated that according to the zoning map, the entire block was zoned i{-3. Ms. Julius questioned if garages were included in the proposal or required by the City. The Planner responded that garages were not required by the City code but that each of the structures were proposed to have two (Z) garage stalls. Ms. Julius then asked if Mr. Murphy was building for himself or if he was building to sell the units. Mr. Murphy explained that he would be building the structures to sell, but that in most cases with duplexes, the owner lives in one of the units and rents the other half out. Mr. Murphy also indicated that he felt that it would be difficult to sell the lots if they were rezoned for single family use being that they were adjacent to the Midtown Shopping Center. Mrs. Warner stated that there were already a number of multiple family dwellings in this neighborhood and that additional ones would result in a concentration that would be too high for the neighborhood. Mr. Warner stated that he did not believe the Planning Commission should grant a variance of the magnitude requested. Mr. Martin stated that believed the lots were 140 feet deep rather than the 132 feet as indicated by Mr. M~rphy. · Planning Commission Minutes -4- April 9, 1979 Commissioner Gergen stated that he did not feel that the City should vacate the alley. He felt that the alley should be retained in case it's ever needed. Variance - Paul Murphy (Continued) Chairman Latch referred the matter to the Wendler Committee for further study. Mr. Kasel wouldllike to remove his existing garage, replace the foundation and replace the existing structure in the same location. That location is one to two feet from the rear property line and the same on the side. Commissioner Kramer indicated that there are other structures in line with Mr. Kasel's garage and that a similar request had been granted recently in that area. VARIANCE - REAR AND SIDE YARD SETBACK FOR REMODELING OF GARAGE IN AN R-Z ZONING DISTRICT 1Z1 EAST ~TH ST. - PAUL KASEL Moved by Commissioner Kramer, seconded by Commissioner Wendler to approve the variance request. because it %vas not the new construction but a partial remodeling, that there are other structures located in line with Mr. Kasel's garage, that relocating the garage to conform would create a hardship due to the location of the driveway and yard areas, and that it would be consistent with past actions. 8 Ayes - 0 Nayes. Moved by Commissioner Wendler, seconded by Commissioner Kramer to adjourn at 8:30 P.M. 8 Ayes - 0 Nayes. ADJOURNMENT