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HomeMy WebLinkAbout01/26/04 1 HAST/mas PLANNma COMlMISSION January 26, 2004 Regular Meeting 7:00 pm Vice Chair Hollenbeck called the meeting to order at 7:01 pm. 1. Roll Call Commissioners Present: Alongi, Hollenbeck, Schmitt, Truax, and Twedt. Commissioners Absent: Greil Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson. 2. Approve January 12, 2004 Planning Commission Minutes Motion by Commissioner Truax, seconded by Twedt to approve the minutes of the January 12, 2003 Planning Commission as presented by staff. Motion passed unanimously. 3. City of Hastings - City Code Amendment #2004-02 - Home Occupation Ordinance. Planner Jenson presented a brief background and summarized the reasons for amending the ordinance. Vice-Chair Hollenbeck opened the public hearing at 7:03 pm. Bill Sylvander, 200 6th St W, expressed a number of concerns regarding the proposed new language. Among these concerns were that the proposed language stated regulations when the current language is standards, and he questioned if the public hearing could go forward. Director Hinzman stated that semantics will be reviewed with the City Attorney, but that it did not invalidate the public hearing. Mr. Sylvander stated that all of the current regulations are incorporated into the proposed language, and gave examples where he feels the proposed ordinance is redundant. He added that stating specific examples in the ordinance is ridiculous and leaves the staff and the ordinance open to criticism. For example, it states that manufacturing/warehousing businesses are not permitted, and Mr. Sylvander argued that all businesses are manufacture and/or warehouse items. He also added that he feels the parking regulations under the Type I home occupation is unrealistic. He feels that the proposed ordinance is just a masking of the existing ordinance, and that he's had a home occupation for 24 years, feels that the existing code has worked just fine, and that the proposed ordinance is not necessary. He distributed to the Planning Commission the current home occupation regulations with notations as to where that portion of the current regulation falls into the proposed regulations (attached). Harvey Jones, 1131 Southview Drive, speaking on behalf of Mary Anderson, who resides at 1501 4th St E., explained that Ms. Anderson's primary concern is regarding the provision of not allowing home occupations to operate out of a garage. Ms. Anderson has a 3 stall garage, part of which was remodeled to allow her to operate her pet grooming business. Mr. Jones stated that they were also concerned that there is no grandfathering provisions under the ordinance, and that he isn't sure that the City has the right to change the rules in 2 order to put people out of business. He would like to see a grandfather clause added for existing businesses. Director Hinzman stated that past interpretation has been that this use is acceptable. Dan Rother, 1505 Brooke Court, stated that he understands this language is intended to keep large retail uses out of neighborhood districts. He suggested larger sign allowances, perhaps being able to place them in the front yard and to be lit. He also asked what is considered to be acceptable neighborhood traffic, as he sees that many daycares generate large amounts of traffic yet are not licensed by this code. He also feels that the existing code has been working. Jackie Boler, 402 7th St W, stated that the City Attorney should be reviewing the language to ensure proper wording, and asked for a list of all the comments provided thus far. Rick Hermann, 214 6th St E, expressed concern regarding the provision that prohibits trucks larger than a single axle to make deliveries to the home. Stated that his business receives a delivery 1-2 times per month via semi-trailer. He is a neighbor to Caturia-Schmidt Funeral Home as well as St. Elizabeth Ann Seton School, which regularly receives deliveries via semi-trailer. Mike Dolan, 1221 Southview Drive, stated that he doesn't have a home business, but that he would like to see enhanced regulations for better enforcement. He has a neighbor that has regular employee parking, storage of equipment, etc. He added that grandfathering isn't bad, but it should be acknowledged that businesses do expand and there should be periodic reviews and neighborhood notification to ensure that businesses are still complying with the regulations. He feels that existing home occupations may like the existing regulations due to the lackness within the ordinance. Hearing no further public comment, Vice-Chair Hollenbeck closed the hearing at 7:42 pm. Commissioner Alongi asked about standards versus regulations. Director Hinzman stated there is no intent, it's simply a matter of semantics. Commissioner Alongi stated that he takes exception to the accusation that there is ill intent behind the proposed language changes, and he reviewed the reasons for modifying the code. Director Hinzman stated that current language needs to be clarified into more measurable standards. There is no intent to make criminals out of residents. The City Council has requested the changes to allow for notification. Commissioner Alongi stated that he lived near Ms. Anderson and didn't realize that she had a home occupation. He stated that he understands the reason for limiting larger vehicles in residential areas - they don't stop as quickly as smaller vehicles and many roads have weight limits which these semi-trailers may easily exceed. Mr. Hermann stated that St. Elizabeth Ann Seton School and UBC are regularly serviced by semi-trailers. Commissioner Schmitt stated that another reason may be the turning radius need for the larger vehicles, and semi-trailers not being able to make those turns. Mr. Hermann suggested that the language be modified to address large vehicles that impede traffic. Commissioner Twedt stated that the City doesn't have a home occupation "police" force, and he suggested perhaps some language that would automatically trigger a review should a certain number of complaints be received about a specific business. 3 Director Hinzman stated that the application for this license would be reworked to gather a greater amount of information regarding the business to allow Staff to better judge should a complaint be received about the validity of such a complaint. Commissioner Twedt stated he wanted to avoid a situation where one neighbor constantly complains about another just to cause problems. He also asked about grandfathering clauses. Director Hinzman stated that he was checking with the City Attorney on that issue, but generally any intensification of a use is a violation of the ordinance. Commissioner Twedt stated that some home occupations may have made significant investment in the home, business, and/or equipment. Sees Type I & Type II as progression of businesses. Mr. Dolan asked if a business could be sold to someone else who could come in to operate the business. Commissioner Twedt stated that currently #11 of the ordinance states that only persons residing on the premises are permitted to be employed by the home occupation. Mr. Rother asked how the City differentiated parking of home occupations from that of regular residential uses. Commissioner Truax stated that the current ordinance isn't enforceable enough, which is the reason for the proposed changes. As for the grandfathering, he feels that with an annual license, the use can only be grandfathered in until the next renewal period, as the license will expire on a certain date and after that point the license must be renewed. He stated that he likes the one year 'probationary' period, as long as there is notification when the City Council reviews the item for the 3 year license. Mr. Sylvander stated that he doesn't feel anyone will fall under the Type I regulations. He questioned whether a Type IA would be added so that a business could go from invisible, to visible, to more visible. Director Hinzman stated that Mr. Sylvander was making interpretations that don't exist. Vice-Chair Hollenbeck asked what the options were for action. Director Hinzman stated that the Commission could recommend approval to the City Council, could recommend denial of the ordinance, or table the item until modifications could be made prior to bringing it back before the Planning Commission. Commissioner Alongi asked that issues relating to garage uses and traffic issues be examined. Commissioner Twedt asked that when the item was brought back it would be another public hearing. Director Hinzman summarized the issues: terms relating to garages, transferability, traffic levels, trucks in neighborhoods, enforceability, how will it be determined that a home occupation is exceeding standards, and a way to keep one neighbor from constantly complaining about another as a way to cause problems for a home occupation. Vice-Chair Hollenbeck asked about those that are currently not in compliance. Director Hinzman stated that having a better, more detailed application would allow staff to better make that determination. Commissioner Schmitt expressed concern about the limitation on the number of business, simply from a technical standpoint of certain businesses being incorporated, yet still being a 4 very invisible use. He also added that perhaps a business could have 1-2 employees without violating the intent of the ordinance. Planning Commission Action: Commissioner Alongi moved and Commissioner Twedt seconded the motion to table the home occupation ordinance amendment to allow Staff time to amend the language in accordance with comments received. The item will come back to the Planning Commission for another public hearing with notification of all current home occupation licensees. Upon vote taken: Ayes: 5, Nays: O. Motion passed. 4. Other Business Director Hinzman stated that 3 applications had been received for the vacant Planning Commissioner vacancy. The interviews are planned for prior to the next City Council meeting. Director Hinzman also recapped the previous City Council meeting, as well as the Freitag development proposal. He also reminded Commissioners of the open house for the Downtown Development on Thursday, January 29th, 2004 at City Hall. Adjournment With no further business, the meeting was adjourned at 8:21 p.m. Respectfully submitted, Kristine Jenson Recording Secretary