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Home My WebLink AboutPCMinutes-20060213 TfaJti~B tPranninJ T;ontlniJ'non February 13, 2006 Regular Meeting 7:00 pm Chairman Twedt called the meeting to order at 7:00 pm. 1. Roll Call Commissioners Present: Hiedeman, McInnis, Peine, Schmitt, Truax, Twedt, Zeyen. Commissioners Absent: None. Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson. 2. Approve January 23, 2005 Planning Commission Meeting Minutes Motion by Commissioner Truax, second by Commissioner Zeyen to approve the minutes of the January 23, 2005 Planning Commission meeting as presented by Staff. Motion passed unanimously. PUBLIC HEARINGS 3. City of Hastings - Accessory Building Height #2006-08. Planner Jenson presented the staff report. Chairman Twedt opened the public hearing at 7:05 pm. Hearing no comment, the hearing was closed at 7:06 pm. Commissioner Truax asked for clarification on the 120 square foot measurement. Planner Jenson stated that the code was being amended to clarify how to measure for the 120 square foot limit, which is to measure the floor area. The code currently states that it is the foundation size that is used. Commissioner Truax asked if there were any other issues we should be looking at in conjunction with this amendment. Commissioner Zeyen questioned the 16 foot average height limit and whether that would prohibit some steeper pitched roofs, such as 12/12 pitch. Director Hinzman stated that he thinks that even with a 12/12 pitch a roof should be able to meet the provision. He also asked the Commission for feedback on whether detached structures should be allowed to have living space above the units - a mother-in-law provision for a second housing unit on the site. Minutes - Hastings Planning Commission February 13,2006 - Page 2 of 4 Commissioner Schmitt questioned whether this would be something the Commission would be looking at later in the meeting. Commissioner Peine stated that perhaps the buildings could make use of large dormers to provide window space while still maintaining the roof height maximums. At this time, no formal action was taken on the item. The ordinance amendment will be brought back to the Commission in two weeks for action. OTHER ACTIONS 4. City of Hastings - Ordinance Amendment #2006-10 - Landscape Ordinance. Director Hinzman requested that the Commission table this item to the next meeting. Planning Commission Action: Commissioner Schmitt moved and Commissioner Truax seconded the motion to table the Landscape Ordinance Amendment to the February 27th meeting. Upon vote taken, Ayes: 7, Nays: O. Motion passed. 5. Discussion of Heart of Hastings Development Standards. Director Hinzman reviewed the proposed ordinance amendment with the Commission. Commissioner Truax noted that the residents in attendance were many of the same that attended public meetings on the Kilborne issue. He added that he felt there should be a mechanism for the City to say no to a multi-family home when it's not appropriate. Commissioner Truax then added that he feels the demolition provision should be struck from the ordinance and that the Heritage Preservation Commission (HPC) shouldn't have a role in this ordinance. Director Hinzman stated that the R-2 District has permitted single family and duplexes since the 1950's, and that he does not recommend changes to that provision. However, the adoption of this ordinance would keep overly large homes out of areas of smaller homes. Commissioner Truax wanted to be sure the public was clear on these issues. Director Hinzman stated that changing what is allowed in the R-2 District would create a lot of non-conforming uses in the district, more than already exist and create a difficult situation. Commissioner Zeyen agreed that the demolition provision isn't acceptable and it will make properties more difficult to sell. The HPC has a list of properties that it Minutes - Hastings Planning Commission February 13,2006 - Page 3 of 4 sees as worthy of preservation, although he's not sure if the list is public or private. Commissioner Peine stated that this would be resolved within a couple of years once people were more familiar with the rules. He suggested a grandfather clause for those current property owners. Director Hinzman stated that these provisions only affect areas of the home being modified - it wouldn't affect other portions of the home. Commissioner Schmitt verified that the HPC is appointed. Director Hinzman stated that they are, with the City Council having final decision authority. Commissioner Schmitt added that these ordinances aren't required to be disclosed at the time of a property sale. His concern is that decisions regarding demolition could be arbitrary and leave a property owner in limbo. Director Hinzman agreed that the timing of the determination is unsettling. The HPC has the ability at any time to approach a property owner about preservation of a structure. Jackie Boler, 402 7th St W, stated that she was one of the residents that worked with Director Hinzman on this proposed ordinance. She stated that she and the other residents wanted a provision to stop the tear down of older homes only to have new homes constructed that look old. She added that older homes are being torn down and mobile homes are being moved in. Chairman Twedt asked whether a property owner has to grant approval for a home to be placed on the historic register. Ms. Boler stated that 70% of property owners within a proposed district have to grant approval, but individual homeowners do not need to grant their approval for a home to be placed on a historic register. Ms. Boler also asked the Commission to consider an additional requirement that would require the front door of a home to face the street. Commissioner Heideman asked if the demolition provision was referring only to complete demolition or if it applied to partial demolition of structures. Director Hinzman noted that that raised an excellent question, to which he didn't have an answer. Commissioner Schmitt stated that the designation of a property as historic is a high bar, especially if it is against the homeowner's wishes. If a property owner is meeting all the City standards, why shouldn't they be able to do their project? We should be making people design their projects to conform with their neighbor's wishes. Commissioner Truax commented that the demand for redevelopment will only increase with the limited single family lot supply. Minutes - Hastings Planning Commission February 13, 2006 - Page 4 of 4 Commissioner McInnis added that he feels the HPC should be allowed to have a say in the matter, but not the final decision. If a tear down and rebuild matches the neighborhood, why should we care? Commissioner Schmitt expressed concern that the code would require a new structure to be built when one is torn down, which doesn't allow someone to tear down a structure simply to increase their lot size and open space. Chairman Twedt added that he felt that prohibiting a property owner from demolition was an infringement on property rights. He asked for a clarification on garages in section G. Director Hinzman stated that this provision is only for properties abutting an improved alley and for new construction. Chairman Twedt moved on to accessory structures and living spaces above, questioning how the buildings would access public utilities. Director Hinzman stated they would be require to connect to city water and sewer, which are generally located within the public street and not the alley. 6. Other Business Director Hinzman updated the Commission on Council actions since the last Commission meeting. 7. Adjourn The meeting was adjourned at 8:00 pm. Respectfull y submitted, Kris Jenson Recording Secretary