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Home My WebLink About11/08/04 Hastings Planning Commission November 8, 2004 Regular Meeting 7:00 pm Vice Chair Hollenbeck called the meeting to order at 7:00 pm. 1.Roll Call Commissioners Present: Alongi, Hollenbeck, McInnis, Schmitt, Truax, Twedt Commissioners Absent: Greil Staff Present: Planning Director John Hinzman, Planning Associate Kris Jenson 2.Approve October 11, 2004 Planning Commission Meeting Commissioner Alongi asked that the minutes be corrected. Under action item #6, TIF Plan Review #2004-58 – Downtown Redevelopment of HRA Properties, the second action was to recommend approval of the creation of a new Tax Increment Financing District to the City Council. Commissioner Alongi had included a condition that “Property owners are contacted to make them aware of their inclusion in the new Tax Increment Finance District and that Staff provide documentation of such.” Motion by Commissioner Twedt, seconded by Truax to approve the minutes of the October 11, 2004 Planning Commission, with the addition of the above. Motion passed unanimously. PUBLIC HEARING 3.Dan Rother – Home Occupation License #2004-64 – Photography Studio – 1505 Brooke Court. Planner Jenson presented background information on the request. She noted that comments received from a neighbor via email had been distributed to the Commission prior to the meeting. Vice Chair Hollenbeck opened the hearing at 7:07 pm. Hearing no comments, the hearing was closed at 7:08 pm. Commissioner Truax inquired as to the difference between this request and that of the Neighborhood Commercial special use permit for the mortgage office that the Commission reviewed several weeks ago. Director Hinzman stated that in that case, due to its location along Vermillion 2 Street, a Neighborhood Commercial SUP was an option. Mr. Rother’s home is not adjacent to a major roadway and therefore would not be appropriate for a neighborhood commercial SUP. Commissioner Schmitt asked about whether the studio was required to be handicap accessible. Director Hinzman stated that he had inquired with the Interim Building Official about that matter, and it sounded as though because the structure was primarily used as a home and the business was secondary that no modifications would be required at this time. Staff will clarify with the Interim Building Official what the requirements are and pass that information to the City Council. Commissioner Truax noted that he felt condition #4 was unnecessary for approval, due to the business having been in existence at the current locations for many years. Planner Jenson responded that the condition was included because of the way the ordinance was written. A requirement of Council approval would be that the license would be granted for one year on a probationary status. Staff does acknowledge that this requirement was intended more for new home occupations rather than existing ones, and doesn’t anticipate there being any problems with this particular business. Planning Commission Action: Commissioner Truax moved and Commissioner Twedt seconded the motion to recommend approval of the Home Occupation License for Dan Rother at 1505 Brooke Ct, to the City Council, with the following conditions. 1)A fire safety inspection by the Fire Marshall. 2)That the business be operated in compliance with the information provided by the applicant. The applicant shall provide the Planning Department notice of changes that expand the business (i.e. additional outside employees, use of garage/shed in operation of the business, etc.) to determine if the business is operating within the confines of the code. 3)That the business will be operated in compliance with the Home Occupation regulations as established by the Hastings City Council. 4)That the Type II license will be in a probationary status for one year. When the year is up, the Council will review the license and determine whether it should be issued for the remaining two years. Upon vote taken: Ayes: 6, Nays: 0. Motion passed. 3 4.Douglas Amy – Variance #2004-65 – Addition to Non-Conforming Structure – 1305 Hillside Street. Director Hinzman presented background information on the request. Vice Chair Hollenbeck opened the hearing at 7:15 pm. Hearing no comments, the hearing was closed at 7:16 pm. Commissioner Alongi questioned why there was no mention of moving the property line in the report. Director Hinzman replied that the lot line adjustment is an administrative action that doesn’t require approval of Planning Commission or City Council. Due to the home being a non-conforming structure, a variance is needed prior to Staff authorizing the lot line adjustment. Commissioner Twedt asked if the current garage meets the 10’ sideyard setback. Director Hinzman said that appears that it does. Commissioner Schmitt asked if the neighbors had any comments regarding the request. Director Hinzman stated that the neighbor to the south, who was involved in the lot line adjustment, was aware of the variances and didn’t have a problem with the request. Commissioner Twedt asked about the neighbor to the East. Director Hinzman stated that he hadn’t had any contact with them regarding the request. Anna Amy, applicant, stated that they hadn’t spoken with them regarding the request. Commissioner Twedt expressed concern that perhaps the Commission should table the request in order to obtain feedback from the neighbor to the east. Director Hinzman stated that all the neighbors were notified about the request via mail, so the neighbor was made aware and given the opportunity to comment. Commissioner Twedt asked if the house is conforming now. Director Hinzman stated that it is not, as it does not meet the rear yard setback, and should the variance be approved, the proposed garage would be about 9’ 8” from the rear property line. Planning Commission Action: Commissioner Alongi moved and Commissioner Schmitt seconded the motion to recommend approval of variances for 1305 Hillside Street, to add on to a 4 non-conforming structure to the City Council, based on the following findins of fact: 1)The construction of the existing garage askew to the rear property line and narrow depth of the lot create a special condition and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other land structures or buildings in the same district. 2)The literal interpretation of the City Code would deprive the applicant rights commonly enjoyed by other property owners in the district by precluding the expansion of the garage. Upon vote taken: Ayes: 6, Nays: 0. Motion passed. OTHER ACTIONS 5.Wallin Limited Partnership – Final Plat #2004-61 – Wallin 12 Addition – th Fallbrooke Lane. Director Hinzman provided background information on the item. Commissioner Schmitt asked if there was anyway to mark the location of larger easements so that homeowners are aware of their existence. Director Hinzman stated that the easements are recorded with the plat, and are known by the Developer and builders when they sell the lots for construction. Planning Commission Action: Commissioner Truax moved and Commissioner Twedt seconded the motion to recommend approval of Wallin 12 Addition Final Plat, to the City Council, th with the following conditions. 1.Adherence to the Preliminary Plat and Master Development Agreement as , approved by the City Council on July 8, 2002including: A.Private covenants, conditions, and restrictions shall be recorded against all affected lots to address private maintenance of cul-de-sac islands, ponding areas, and side yard and rear yard utility easements. Upon vote taken: Ayes: 6, Nays: 0. Motion passed. 6.Other Business Director Hinzman congratulated Commissioner Alongi on his election to the City Council. He will serve on the Planning Commission thru the end of the year. Director Hinzman added that Courtney Wiekert had successfully completed her internship with the Planning Department. She will still be doing some work for 5 the HPC, so she will still be around City Hall at times. 7.Adjourn Meeting adjourned at 7:26 pm Respectfully submitted, _________________________________ Kristine Jenson Recording Secretary