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Home My WebLink About02/27/78 MINUTES OF HASTINGS PLANNING COMMISSION MEETING MONDAY, FEBRUARY ZT, 1978 7:30 P. M. The meeting was called to order at 7:30 P.M. by Cl~irman Stoffel. Members Present: Commissioners Stoffel, Wendler, Legler, Terrell, Gergen, Groth and Kramer Members Absent: Commissioners Murry and Johnson Moved by Commissioner Groth, seconded by Commissioner Wendler to approve the Minutes of the February 13, 1978 Planning Commission meeting. 7 Ayes - 0 Hayes. APPROVAL OF MINUTES The Public Hearing was opened at 7:31 P.M. by Chairman Stoffel. The Zoning Officer referred to the Notice of Public Hearing, the Affidavit of Publication and the Certificate of Mailing; thus the Public Hearing was properly called. Commissioner Wendler recommended that the park dedication requirement take the form of a 60 foot wide strip of land between the city property on the north and Co. Rd. #47 on the south which would cover Mr. Welch's driveway and not have frontage on the River. Sieglinde Terrell, Chairman of the Natural Resources Commission ,stated that this was not park land and should not be used as park dedication. Commissioner Gergen questioned the City's authority in requiring land to be dedicated for city purposes. The Zoning Enforcement Officer explained that when land is required for park dedication, that requirement must be reasonable and not based on arbitrary criteria. He went on to explain that the criteria involved in this situation were city access to the property on the north and the pathway system and the Hastings Park Plan. Gary Seibert, a member of the Natural Resources Commission, stated that the amount of land for park dedication would be the same regardless of which recommendation is accepted. After all people present had an opportunity to be heard on the matter, Chairman Stoffel closed the public hearing at 8:03 P.M. PUBLIC HEARING - PRELIMINARY PLAT - WELCH 1ST ADDITION - NORTH OF CO. HWY #47 & WEST OF THE VERMILLION RIVER - HAROLD AND RUSSELL WELCH Moved by Commissioner Wendler, seconded by Commissioner Legler to approve the preliminary plat with the park dedication requirement to take the form of a strip of land approximately 60 feet wide along the site of Mr. Welch's existing driveway in Lot 4. 5 Ayes - Terrell and Gergen, Nay. Planning Commission Meeting -Z- February 27, 1978 (Continued) Chairman Stoffel opened the Public Hearing at 8:05 P.M. The Zoning Officer referred to the 1Notice of Public Hearing, the A-{fidavit of Publication and the Certificate of Mailing; thus the Public Hearing was properly called. /Vir. Sieben explained that there was a discrepancy in the total lot area between the abstract and the survey£or the property and asked that the public hearing be continued until the next Planning Commission meeting. Chairman Stoffel closed the Public Hearing at 8:14 P.M. PUBLIC HEARING - SPECLAL USE PERMIT - 701 WEST 7TH ST. - AL SIEBEN Moved by Commissioner Wendler, seconded by Commissioner Kramer to reschedule the Public Hearing on the special use permit for the March 13, 1978 Planning Commission meeting. 7 Ayes - 0 Hayes. The Zoning Officer indicated that the items mentioned at the last meeting this site plan was reviewed at had been addressed. He also indicated that approval of the site plan should include special permission for the canopy and the condition that a legal agreement be reached relieving the City of liability and maintenance for the parcel pickup lane located in the public right-of-way. SITE PLAN REVIEW - FAIRWAY FOODS - 315 EAST 2ND ST. - SETTER- HOLM- FAIRWAY Moved by Commissioner Groth, seconded by Commissioner Gergen to approve the site plan with special permission for the canopy and that a legal agreement be reached relieving the City of liability and maintenance of the parcel pickup lan.e in the city right-of-way. 7 Ayes - 0 Hayes. The Zoning Officer indicated that the site plan fell short of the parking requirements by 14 stalls, some dimensions were not sho~vn, and there was some question as to the acceptability of some of the building materials. He also indicated that a representative from Profile Extrusions had met with him and had indicated a willingness to include the additional stalls and add the dimensions in question. Mr. Franz Altpeter, the representative from Profile Extrusions, was at the meeting and explained that the building materials in question would be decorative, concrete blocks. SITE PLAN REVIEW - PROFILE EXTRUSIONS 10TH ST. & PROGRESS DR. Moved by Commissioner Gergen, Seconded by Commissioner Terrell to approve the site plan subject to the developer indicating the dimensions listed and adding 14 parking stalls. ? Ayes - 0 Hayes. The Zoning Officer explained that Mr. Emrick proposed to construct a commercial building consisting of a barber and hairstyling business, small retail section, and upstairs apartments. He indicated that in a C-1 zoning district, a maximum floor area of 6000 sq. ft. is allowed by the zoning ordinance. SITE PLAN REVIEW & VARIANCE - NORTH OF HWY 55 & EAST OF WESTVIEW DRIVE - DENNIS EMPd CK Planning Commission Minutes (Continued) -3- February 27, 1978 Mr. Emrick's building ~ould be a total of 7, 360 square feet andwould therefore require a variance. He also indicated that when the property was rezoned, a condition of that rezoning was that an access easement would be established across the property and that approval of the si~e plan should be conditioned upon the execution of that easement. Moved by Commissioner Kramer, seconded by Commissioner Wendler to approve the site plan subject to the owner establishing an access easement and approving the variance for the maximum allowed floor area of the building. 6 Ayes- Gergen, Nay. The Council decision on the setback violation on 1800 Manor Lane was to have the house moved to a point in conformance with the Zoning Ordinance. Mr. Langenfeld has agreed to move the house, but has now presented a new variance request to leave the garage as it is which would be . 9 feet in violation of the setback requirements. Commissioner Terrell questioned the Planning Conarnission's authority to go against the decision already made by the City Council. Commissioner Groth indicated that this was a new request requiring new consideration. VARIANCE - SETBACK REQUIREMEN TS - 1800 IVL&NOR LANE - FRANK M. LANGENFELD CONST. Moved by Commissioner Wendler, seconded by Commissioner Kramer to approve the variance request. 5 Ayes - Gergen and Terrell, Nay. Commissioner Terrell reported that the Committee had not had a chance to meet on the matter and had no recommendation at this time. There was considerable debate over the possible procedures for allowing the development proposal on this piece of property. COMMITTEE REPORT - DEVELOPMENT PROPOSAL - llTH & PINE STREETS -VILLA DEVELOPMENT CORP. Moved by Commissioner Legler, seconded by Commissioner Wendler to schedule a Public Hearing for the next Planning Commission for public input on the matter. 7 Ayes - 0 1Nayes. Discussion continued after the motion and the Planning Commission felt that the prop osal could be considered as a permitted use under the passage "Similar Uses of a Public Service Nature". The precdding motion was withdrawn. Moved by Commissioner Wendler, seconded by Commissioner Legler to recommend that the Council consider the Villa ]Development proposal a permitted use in an R-Z zone under Section 10. 1Z, Subdivision ZC. 6 Ayes - Groth abstained. Planning Commission Minutes -4- February 27, 1978 (Continued) Moved by Commissioner Wendler, seconded by Commissioner Legler to adjourn at 9:43 P.M. After the meeting had adjourned, the Zoning Officer gave a slide presentation on City Zoning Administration. ADJOURNMENT SLIDE PRESENTATION PB:jj