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HomeMy WebLinkAbout03/22/04 HASTINGS PLANNING COMMISSION March 22,2004 Regular Meeting 7:00 pm Vice-Chair Hollenbeck called the meeting to order at 7:03 pm. 1. Roll Call Commissioners Present: Alongi, Truax, Hollenbeck, Schmitt, Mcinnis Twedt, Greil Commissioners Absent: Staff Present: Planning Director John Hinzman, Planning Intern Courtney Wiekert Associate Planner Kris Jenson Staff Absent: 2. Approve February March 8, 2004 Planning Commission Meeting Motion by Commissioner Truax, seconded by Mcinnis to approve the minutes of the March 8, 2004 Planning Commission as presented by staff. Motion passed unanimously. 3. City of Hastings - City Code Amendment #2004-02 - Home Occupation Ordinance. Planning Director Hinzman presented a brief background and summarized the ordinance draft. He stated that the draft was written from comments taken from the public hearing in January. He also summarized the draft that was written by the City Attorney. Vice Chairperson Hollenbeck opened the public hearing at 7:11 pm. Patrick Moseng, 413 E. 18th Street, asked for clarification on the Type II licensing regarding the need to notify neighbors if no one is complaining. He also asked to clarify how they would notify the neighbors, how many they needed to notify and if one neighbor made a complaint, would they be unable to receive a permit. Director Hinzman stated that the City would notify the neighbors if a permit was being requested. He stated that the City would work with the home occupant first if any complaints were brought to their attention. Complaints would also be measured by the validity of the comments and that many other factors, such as the history of the Home Occupation, would weigh the results to determine if the permit should be revoked or permitted. Tim Mellesmoen, 827 ih Street West, stated he is currently a Type I license, but would like to know what terms would change him into a Type II license. He asked that if he decided to hold a meeting every week, in which a few cars would be parked in front of his house, would that be a violation to the ordinance. Commissioner Truax stated the Type I visitor was not clear and that it needed to be addressed. Commissioner Mcinnis suggested increasing the traffic generated from 1 car per day to 2 vehicles per day. It would allow 10 vehicles one day or night per week. Commissioner Alongi suggested the ordinance should address how many vehicles are parked in front of house at one time. Commissioner Schmitt clarified that the Type I license was more invisible to the neighbors. Director Hinzman clarified that the traffic for a Type II license was to be no greater than would normally be expected in a residential neighborhood. Commission Alongi suggested the Type I and Type II licenses be identified clearly with signs, traffic and parking regulations. Mary Anderson, 1501 4th Street East, thanked the Comm issioners and stafffor revising the ordinance. She believes that the revision is needed since the city is growing. She also suggested that revisions were made on Type II (4k), Reconsideration of a denied license. She believed that the section was restrictive and could put home business out of work. She was also unsure about the majority vote and believed it could be a long process. Commissioner Alongi clarified that Director Hinzman does assist those seeking a Home Occupation Permit, prior to receiving the permit. Director Hinzman clarified that the city would work with Home Occupiers on the process and that there is enough opportunity to work on any issues in order to receive a perm it. Mr. Moseng asked about the process of receiving and renewing of the permits. Director Hinzman stated renewing the permit would likely not be discussed by the City Council unless one of the Council members wished for a discussion. He clarified that the renewal would be brought to a council meeting, but they would just vote on the renewal. Mr. Moseng asked about clarifying on the need for a fire inspection. Director Hinzman stated that the fire inspection was needed to ensure fire safety and that it was not set to be a fire code inspection. He stated that it would not be an extensive inspection similar for commercial buildings. Commissioner Truax added the fire inspection was to ensure the Home Occupation did not make any major alterations to their home. Ms. Anderson speaks on behalf of Harvey Jones, who resides on 1311 Southview Drive, explains that he is concerned about the level and extent of vested rights that an existing home occupation permit holder has, if the ordinance changes. She also wanted clarification on renewable permits and the grandfather provisions. Director Hinzman stated the legalities of the extent of vested rights would need to be discussed with the city attorney prior to ordinance adoption. Hearing no further comments, Vice-Chair Hollenbeck closed the hearing at 8:29 pm. Commissioner Alongi suggested clarifying the difference between a Type I and Type II license. He also believed the General Regulations in 2a is obsolete because of the writing in 2d. He believed that any indoor occupation should not be enforced by the city. Alongi also wanted clarification on 2j regarding restricting hours of operation. Commissioner Schmitt suggested clarifying that no traffic is allowed after a certain hour. Commissioner Alongi continues with his concerns on the Type II licenses. He feels that it is difficult to place a specific number or percent on the floor area of the dwelling unit. He also was concerned with the fire inspection and if the city is able to provide the service for home occupations and if he believes it is necessary to inspect inside the home. Commissioner Truax stated he believes the city should inspect the interior of the unit for situations that can not be determined from the exterior of the home. Commissioner Mcinnis suggested the intent was for situations that may deem necessary. Commissioner Alongi requested the wording on the ordinance be changed to allow the city to inspect the interior of the home when necessary. Director Hinzman suggested the wording on the ordinance be changed to reflect the reason why and when the city needs to inspect interior of the home. Commissioner Schmitt requested to vote on each part of the ordinance. Director Hinzman suggested that the amendment be rewritten and brought back to Planning Commission with a new draft. He went over his notes with the Planning Commission to verify each part of the draft to clarify on their comments for changes. Planning Commission Action: Commissioner Truax moved and Commissioner Alongi 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 hearing. Upon vote taken: Ayes: 5, Nays: O. Motion passed. 4. Other Business Director Hinzman stated the City Council approved the special use permit on the Hot Mix Asphalt/Commercial Asphalt and the Shoreland Variance for Larry Hamman. He also stated the Planning Commission will not meet until April1ih. The April 1 ih meeting agenda may include the Culvers site, Riverwood ih Addition Townhomes, the Downtown master plan and Home Occupation. Adjournment With no further business, the meeting was adjourned at 9:14 p.m. Respectfully submitted, Courtney Wiekert Recording Secretary