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Home My WebLink About05/23/05 (' Hastings Planning Commission May 23, 2005 Regular Meeting 7:00 pm Chairman Greil called the meeting to order at 7:00 pm. 1. Roll Call Commissioners Present: Greil, Hollenbeck, McInnis, Schmitt, Truax, Twedt, Zeyen. Commissioners Absent: None. Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson, Planning Intern Cecily Schrader. 2. Approve May 9, 2005 Planning Commission Meeting Minutes Motion by Commissioner Twedt, seconded by Commissioner Truax to approve the minutes of the May 9, 2005 Planning Commission as presented by Staff. Motion passed unanimously. (' PUBLIC HEARINGS 3. John Fasbender - Variance #2005-34 - Mississippi River Bluff Setback -1996 Nininger Road. Director Hinzman presented background information on the request. Chairman Greil opened the public hearing at 7:06 pm. Dick Fuchs, architect, asked to speak on behalf of the applicant. He stated that relocating and reducing the size of the garage as suggested by Staff would result in an unnecessary hardship for the applicant. Mr. Fuchs argued that the applicant would not be able to fit his boat and trailer in a smaller garage and that the location proposed by Staff was untenable. David Fasbender, 9631 127th St. E, Nininger Township, father of the applicant, commented that the land had belonged to the family for many years and that the owner should be able to make full use of the land. He commented that the location of the garage proposed by the owner would not infringe on the neighbor's land, nor would the new garage be more visible from the riverfront than the existing structure. He also stated that the location proposed by Staff would be a safety concern since it would require the owner to back vehicles onto r Nininger Road rather than turn around in the driveway. Hearing no further comments, the public hearing was closed at 7:13 pm. 2 (' Commissioner Truax stated that he had visited the site and that the neighboring property had a shed located equally close to the bluff as the proposed garage. He added that the location proposed by Staff would be problematic because of the need to remove landscaping and the presence of a natural waterway. Commissioner Truax suggested approval of the variance due to unnecessary hardship for the property owner and common sense. Commissioner Schmitt stated that the housing development between the river and the bluff lessens the importance of the setback regulation in that particular area. He added that requiring the owner to change the location and size of the proposed garage would be an unnecessary hardship. Commissioner Hollenbeck asked about the purpose of the bluff setback requirements. Director Hinzman stated that the setback was intended to protect the views from the river. He added that this particular case is unique in that a housing development is located between the bluff and the riverfront. Mr. Fuchs asked if the DNR is aware of this particular case and if it is flexible about the setback regulation. Director Hinzman stated that the DNR is aware of the requested variance and that he doubts the DNR would be able to amend the setback regulation. Commissioner McInnis asked if the DNR had issued a formal response to the requested variance and if the DNR would be reluctant to approve the variance. Director Hinzman stated that he had not received a written response from the DNR, but he anticipated the DNR would be reluctant to approve the variance based on the availability of alternate locations for the garage. Commissioner Twedt stated that he supports approval of the variance for two reasons, 1) the development between the bluff and the river creates a unique situation, and 2) safety concerns about backing vehicles onto Nininger Road if the variance is not granted. Planning Commission Action: Commissioner Truax moved and Commissioner Schmitt seconded the motion to recommend approval of the variance for 1996 Nininger Road to the City Council based on the following findings of fact: Findings of Fact: A) The presence of a subdivision between the bluff and the riverfront creates a unique situation in which enforcement of the setback regulation produces an unnecessary hardship for the owners. B) The traffic flow on Nininger Road creates a safety hazard that necessitates locating the garage in a place that allows the applicant to turn vehicles around in the driveway. r (' 3 C) There are exceptional circumstances unique to the property that were not created by a landowner after April 25, 1975. The family of the applicant has owned the land since before 1975. Upon vote taken: Ayes: 7, Nays: O. Motion passed. 4. City of Hastings - Ordinance Amendment #2005-32 - Fee Schedule. Director Hinzman presented background information on the request. Chairman Greil opened the public hearing at 7:24 pm. Hearing no comments, the public hearing was closed at 7:25 pm. Planning Commission Action: Commissioner Truax moved and Commissioner Hollenbeck seconded the motion to recommend approval of the ordinance amendment to the City Council. Upon vote taken: Ayes: 7, Nays: O. Motion passed 5. KKE Architects - Site Plan #2005-31 - Dakota County Law Enforcement Expansion - 1590 Highway 55. Planner Jenson presented background information on the project. Planning Commission Action: Commissioner Schmitt moved and Commissioner McInnis seconded the motion to recommend approval of the site plan for the addition to the Dakota County Law Enforcement Center to the City Council with the following conditions: 1) Any rooftop equipment must be completely screened from the front elevation, any part of the rooftop equipment that is visible from any other elevation must be painted to match the building on which the equipment sits. 2) Information regarding color and materials for the retaining wall must be provided to Staff prior to the City Council meeting. 3) An escrow account must be established to ensure completion of outstanding site improvements, including landscaping prior to certificate of occupancy. 4) All parking and drive aisle areas shall be constructed to City standards including bituminous surfacing and concrete curb and gutter. 5) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 4 6) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 7) Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant reviews of the plans. 8) Lighting must incorporate cut-off shields and be directed onto parking lot areas. 9) Submission of an electronic coy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 10) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. Upon vote taken: A yes: 7, Nays: O. Motion passed. 6. Dakota County - Sign Variance #2005-36 - LeDuc House - 1629 Vermillion Street. Chairman Greil stated that he would be abstaining from the vote due to his involvement with "Friends of the LeDuc" group. Planner Jenson presented background information on the request. She clarified that, contrary to the Staff report, the fence has been found not to fall within the right of way and thus approval from MNDOT is not required. Commissioner Truax stated that the LeDuc House already has a monument sign and asked why two signs would be needed. Director Hinzman stated that the property owners would not be allowed to have two signs on one frontage. He added that the owners would have to apply for an additional variance if they wished to have more than one sign along Vermillion Street. Planning Commission Action: Commissioner Schmitt moved and Commissioner Hollenbeck seconded the motion to recommend approval of the variance for the LeDuc House at 1629 Vermillion Street to the City Council with the following conditions: 1) Approval from MNDOT and conformance with any conditions specified. 2) Issuance of a sign permit prior to placement of the sign on the fence. 3) Removal of the existing sign prior to placement of the sign on the fence. Upon vote taken: A yes: 6, Nays: 0, Greil abstain. Motion passed. 7. Other Business 5 Director Hinzman updated the Commission on recent Council actions and upcoming Commission items. 8. Adjourn The meeting was adjourned at 7:44 pm. R~PM Cecily Schrader Recording Secretary