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HomeMy WebLinkAbout10/11/78MINUTES OF HASTINGS PLANNING COMMISSION MEETING WEDNESDAY, OCTOBER 11, 1978 7:30 P.M. The meeting was called to order at 7:30 P.M. by Chairman Stoffel. Members Present: Commissioners Stoffel, Murphy, Kramer, Wendler, Legler, Liska, Latch and Gergen Members Absent: Commissioner Groth MoVed by Commissioner Murphy, seconded by Commissioner Wendler to approve the Minutes of the September 25, 1978 Planning Commission meeting. 8 Ayes - 0 Nayes. APPROVAL OF MINUTES Chairman Stoffel opened the Public Hearing at 7:31 P.M. The Planner reported that on file were the Notice of Public Hearing, the Affidavit of Publication, and the Certificate of Mailing. Thus, the Public Hearing was properly called. PUBLIC HEARING- SPECIAL USE PERMIT- PRE-SCHOOL KINDERGAR- TEN - 1501 BRITTANY RD. MR. & MRS. JAMES TANNER Dick Wise Comments Mr. Wise stated that he was opposed to the Tanner's request as he was concerned about the increased traffic and the residential nature of the neighborhood. Chairman Stoffel asked Mr. Wise if he was aware that the schobl was presently being conducted in St. Phillip's Church, which is adjacent to the lot under consideration. Mr. Wise indicated that he was aware of that fact. Don Forbes 1521 Brittany Road Mr. Forbes stated that he was also opposed to the Tanner's school because of the anticipated traffic increase. The Planner explained that he had also received a call from a Mr. Rick Cobian, a nearby neighbor also opposed to the school because of increased traffic. Chairman Stoffel, at this point, read a letter from the Tanner's explaining the nature of the pre-school kindergarten. Carrie Ling Mr. Ling stated that he was opposed to the 1531 Brittany Road school due to ~raffic increases. Planning Commission Minute s - 2- October 11, 1978 (Continued) Public Hearing - Tanner's (Continued) He also stated that his wife worked nights and was concerned that there might be noise which would keep her awake during the day. Mother of pre-school child One of the mothers whose child is presently enrolled in the Tanner's school stated she did not feel that the traffic would be much of a problem as the mothers tend to car pool to bring their children to the Tanner's. James Tanner Mr. Tanner stated that under the state law licensing Mrs. Tanner, the school would be limited to 10 children given the space available at the proposed location. Commissioner Wendler Commissioner Wendler asked how many children per day would be at the Tanner's. Mr. Tanner Mr. Tanner stated that there would be a maximum of 10 children in the morning and 10 children in the afternoon. Mr. Tanner also indicated that presently the recess would be 10 minutes. Commissioner Liska Commissioner Liska asked if the school was a year round school. Mr. Tanner The school presently coincides to the regular school calendar, but Mrs. Tanner had discussed the possibility of conducting a summer art school. After all people present had an opportunity to be heard on the matter, Chairman Stoffel closed the Public Hearing at 8:47 P.M. Moved by Commissioner Murphy, seconded by Commissioner Wendler to approve the special use permit with the condition that before any outside activity takes place, a privacy fence around the backyard shall be constructed. The term privacy fence shall not include open or chain link fences. Commissioner Latch suggested amending the motion to include a monitoring period of one year in order to determine if the traffic would have a detrimental affect on the neighborhood. Commissioners Murphy and Wendler accepted the amendment. 8 Ayes - 0 Mayes. P. lanoin~ Gomrnis sion Minutes - 3- October 11, 1978 ,~%, on~ retie ¢i) The Planner gave the Staff report which indicated that there should be better detail and elevations showing the drainage swale on the northeast portion of the property, the drainage problem in the proposed loading dock, a variance would be required for the loading dock length, and that the utilkty easements for utility relocation and additional land purchase would have to be accomplished. Commissioner Wendler gave the Committee report and indicated he had discussed the matter with Master, Inc. He stated that Master, Inc. was aware of the drainage situation and the proposed loading dock, that they would have to deal with that problem, that the drainage swale would have to be included in the final construction drawings, that the loading dock length appeared sufficient to meet the needs of Master, Inc., and that he felt that the design of the proposed building exterior met the intent of the setback requirements. SITE PLAN REVIEW & VARIANCE - SIDEYARD SETBACK FOR CONSTRUC- TION OF ADDITION TO BLDG EAST SIDE OF TYLER ST. D~TW~.EIN iST & glND STS. MASTER, INC. An adjacent land owner, Paul Birchen, asked what would happen to the Water presently flowing off the parking lot as he was concerned it might he diverted to his property. Mr. Dick Fuchs, the architect for Master, Inc., stated that the construct ion of the building should not change the amount of water going on to Mr. Birchen's property. Representatives of Master, Inc. indicated that 1Viinnegasco had agreed to relocate an existing gas line from the alley to the cer~er median of the parking lot. The Planner stated that an easement for that gas line would have to be nego tiated through the City HRA and Milton Setterholm, who would be buying the parking lot. The Planner also stated that if the loading dock was constructed as presently proposed, the City ~ouldnot be responsible for any drainage problems that might occur. Moved by Commissioner Wendler, seconded by Commissioner Kramer to approve the site plan and variance for the sldeyard setback and loading dock length conditioned upon Planning Cornrnis sion review and approval of the details of the drkinage swale and loading dock when the construction drawings were prepared. 7 Ayes - Murphy abstained. Dr. Humbert proposes to construct a small dental building in an R-Z zoning district. The Planner indicated that variances were requested for the front yard setback, the sideyard setbacks, the lot width, and a parking lot sideyard setback. The Planner explained that the variances were a result of a commercial use in a lot that was platted for a residential use. SITE PLAN REVIEW & VARIANCES - BUILDING EXPANSION & PARKING LOT - 106 WEST 6TH ST. DR. M.C. HUMBERT Planning Commission Minutes -4- October 11, 1978 (Continued) He went on to state that the variance request seemed reasonable as the building could not be effectLv'e a~ a smaller size. The architect, Planning Commission members, and other members of the audience stated that they felt it would be better to not have a rear parking lot setback and curbing as the parking lot entered into a City alley and movement and snow removal would be difficult. Cornrnissioner Murphy stated that he felt an approval of the site plan should inalude a motion to restrict parking on 6th Street in order to help the traffic flow in the 6th St. area. Other Conlrnission members felt that that would put a hardship on other commercial and residential uses in the area. Moved by Commissioner Kramer, seconded by Commissioner Wendler to approve the variance request including a rear setback variance with striping instead of the required curbing or landscaping. The site plan approval was not included in the motion. 8 Ayes - 0 1Nayes. Mr. Denn proposes to conduct a mail order home occupation in his brother's home. The Planner indicated that Mr. Denn had permission from his brother to operate the business in his home, and that since the business would not involve any Site visits as Mr. Denn did not handle the product. Some Commission members were concerned about the possibility of illegal or inappropriate products being sold with City permission. Commissioner Latch stated that he did not feel that it was the City's responsibility to enforce laws other than City ordinances. Moved bM Commissioner Kramer, seconded by Commissioner Wendler to approve the home occupation permit. 8 Ayes - 0 1Nayes. The Planner presented a proposed ordinance amendment expanding the permitted driveway entrance width. Commission members asked that an additional statement allowing driveways up to 50 feet in width for industrial or heavy commercial Uses upon Special permis sion by the Administrative official. Dr. Humbert (Cont.) HOME OCCUPATION PERMIT - MAIL ORDER BUSINESS - 1617 SPRING ST. - WM. DENN ORDINANCE REVIEWS Moved by Commissioner Kramer, seconded by Commissioner Murphy to approve the ordinance amendment as discussed. 8 Ayes - 0 Hayes. · lmlanning Commission MinuteS ~Cont. } -5- October 11, 1978 Moved by Commissioner Murphy, seconded by Commissioner Kramer to adjourn at 9:Z0 P.M. 8 Ayes - 0 NaMes. ADJOURNMENT