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City of Hastings
Planning Commission Minutes – May 26, 2009 Page 1 of 4
Hastings Planning Commission
May 26, 2009
Regular Meeting
7:00 p.m.
Chair Schmitt called the meeting to order at 7:00 p.m.
Roll Call
1.
Commissioners Present: Bullington, McInnis, Peine, Schmitt, Stevens, Vaughn, Zeyen,
Commissioners Absent: None
Staff Present: Planning Director Hinzman, Associate Planner Barker
Approval of Minutes
2. –May 11, 2009
Motion by Commissioner Stevens to approve the May 11, 2009, meeting minutes as presented.
Seconded by Commissioner McInnis.
Upon vote taken, Ayes 7, Nays 0. Motion carried.
PUBLIC HEARINGS
Bruce Jorgenson – Minor Subdivision #2009-12 – Create one new single family lot – 16xx
3.
Tierney Drive.
Planning Director Hinzman provided the staff report.
Commissioner Vaughn arrived at 7:02.
Chair Schmitt opened the public hearing at 7:04. No members from the public spoke to the
issue. Chair Schmitt closed the public hearing at 7:04.
Commissioner Stevens inquired if the outlined structure on the plat was the proposed
structure. Planning Director Hinzman stated that the grading, lot type, and property corners
would be maintained.
Chair Schmitt asked if the legal description was still part of the lot and block as it was lot 3.
Planning Director Hinzman stated that the legal was complicated, but it would still follow the
same lot and block.
Motion by Commissioner Zeyen to recommend approval of the Minor Subdivision #2009-12
to the City Council with the five recommendations of the staff report. Seconded by
Commissioner Bullington.
Upon vote taken, Ayes 7, Nays 0. Motion carried.
City of Hastings
Planning Commission Minutes – May 26, 2009 Page 2 of 4
OTHER ACTIONS
Mike Jacobson
4. – Type II Home Occupation Permit #2009-13 – Operation of a home business in
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an accessory structure – 215 5 Street W.
Associate Planner Barker provided the staff report.
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Jim D’Agostino, resident of 209 5 Street West, spoke to the issue. He stated that he has no
issue with the Home Occupation, but would prefer different hours. He recommended 8 am – 8
pm on weekdays, 8 am – 10 pm on Saturdays, and closed on Sunday.
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Bill Sylvander, resident of 200 6 Street West, spoke to the issue. He stated he did not object
to the Home Occupation. Mr. Sylvander objects with City Staff’s processing of the
application and believes the applicant has not been consistent in answering questions related to
the Home Occupation.
Jason Sachs, resident of 510 Eddy Street, stated he did not have any problems with the
business, but was concerned about increased traffic, dust, and noise in the alley.
Mike Jacobson, applicant, stated that he understood the traffic was a big issue. As his
customers come by appointment only, Jacobson stated he can tell them to come in a certain
entrance of the alley and to slow down due to children and dogs.
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Noah Wallace, resident of 208 6 Street West, stated that the condition pertaining to the
garage door being closed at all times need to be reevaluated as it appears to be an
unreasonable condition. Fumes and exhaust from conducting the business could be hazardous.
Jacobson, applicant, concurred that this condition may be a serious hazard to his health.
Mr. Sylvander inquired if Planning Director Hinzman was satisfied with the requirement for a
drawing of the parking on the site. Planning Director Hinzman asked Mr. Jacobson to point
out the location of customer parking on the property. Mr. Jacobson indicated customer
parking would be accommodated via the alley driveway.
Commissioner Stevens stated that there was some confusion on some items in the application
that were clarified at the meeting by the applicant. Commissioner Stevens stated that a large
part of the home occupation operation comes down to being a good neighbor. He stated his
concerns with the condition that the garage door remains closed at all times.
Planning Director Hinzman stated that there are noise limits in the ordinance and that the noise
ordinance refers to disturbing the peace. He stated that the proposed hours of operation were
taken directly from the noise ordinance. In addition, Planning Director Hinzman stated that
Type II Home Occupations are issued as a provisional license during the first year; the permit
may be revoked by the City Council during that time if required conditions and ordinances are
not being followed.
City of Hastings
Planning Commission Minutes – May 26, 2009 Page 3 of 4
Commissioner Stevens stated that the applicant may want to look into mechanical ventilation,
but the noise issue refers back to being a good neighbor.
Chair Schmitt read the seven conditions for permit approval. Commissioner Stevens stated he
would like to strike the fourth condition relating to having the garage door shut at all times.
Chair Schmitt concurred, but stated that was up to the person who makes the motion.
Commissioner Bullington inquired how long the engine is running for testing. Mr. Jacobson
stated he has a high velocity fan and that the engine is run for 5-10 minutes. If the problem is
not fixed, the engine is cooled down for an hour and then the engine is run for another 5-10
minutes. Mr. Wallace added that cycling tuning is done at idle speed.
Commissioner Bullington inquired if there were any neighbors directly next door to the
business present, and if they were acceptable with the Home Occupation. The resident of 209
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5 Street West stated he was a direct neighbor and that he was okay with the business.
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Ann Sylvander, resident of 200 6 Street West, commented that the business has been
operational since November and there have not been any complaints.
Mr. Jacobson reminded people that he lived at the home and that he desired to be a good
neighbor.
Chair Schmitt stated that the hours were consistent with the ordinance and that he did not want
to restrict the hours any different or further from the ordinance.
Motion by Commissioner Zeyen to recommend approval of the Type II Home Occupation
Permit #2009-13 to the City Council with six recommendations of the staff report, striking the
fourth condition pertaining to the garage door being closed at all times. Seconded by
Commissioner Peine.
Upon vote taken, Ayes 7, Nays 0. Motion carried.
Other Business
5.
Planning Director Hinzman updated the Commission on past City Council actions and
informed them of upcoming items.
Adjournment
6.
Motion by Zeyen to adjourn the May 26, 2009, Planning Commission meeting. Seconded by
Peine.
Upon vote taken, Ayes 7, Nays 0. Motion carried.
The meeting was adjourned at 7:48 p.m.
Next Planning Commission Meeting – Monday, June 8, 2009
City of Hastings
Planning Commission Minutes – May 26, 2009 Page 4 of 4
Respectfully submitted,
____________________________
Kari Barker, Associate Planner
Recording Secretary