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HomeMy WebLinkAbout10/14/02HASTLN S PL A NNLNfi COMMISSION October 14th' 2002 Regular Meeting 7:00 pm Chairman Anderson called the meeting to order at 7:01 pm. 1. Roll Call Commissioners Present: Alongi, Anderson, Greil, Hollenbeck, Truax, and Twedt Commissioners Absent: Michno Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson 2. Approve September 23rd, 2002 Planning Commission Minutes With no changes, the minutes were accepted by a unanimous vote. Lehtola & Heiman - Shoreland Variance #2002-74 to vary from lot size regulations for construction of a new home at the southeast corner of 4th Street and Locust Street. Director Hinzman presented background information on the project. He noted that two memos were submitted to the Planning Commission for their review. One is from Joan Warner and Mary Anderson, addressed to the Planning Commission and dated October 14, 2002, regarding the requested variance at 4th Street and Locust Street. The second memo is from Mary Anderson, addressed to the City Council and dated October 7, 2002. Chairman Anderson acknowledged that while there was no official public hearing required for this matter, he would allow public comment if anyone had new issues to address relating to the project. Jane Hausman, 1417 East 3rd Street, inquired as to the size of the house. Steve Lehtola, applicant, responded that the house size was approximately 1500 square feet. Mary Anderson, 1501 East 4th Street, stated that while the impervious surface had been reduced, the home was still much larger than other homes in the neighborhood. She has contacted the DNR regarding the vacation of Locust Street several years ago, and stated that they told her they never received notification of the vacation. She stated that residents want to protect access to Lake Isabel for the potential future dike to restore the lake. Director Hinzman clarified some numbers on the survey in the packet - the 2,341 square feet listed is total impervious surface and not the building footprint, which is actually around 1,500 square feet. The current house plans so meet all required setbacks on the property. Commissioner Greil requested clarification of what has been vacated within the 4th Street right-of-way. Director Hinzman stated that the south half of 4th Street between Locust and Lake Street has been vacated. West of Locust Street, the 4th Street right-of-way is a full 66' width right-of- way to the lake. Joan Warner, 1023 East 3rd Street, stated that the East side residents have been working to renovate Lake Isabel, and is concerned that the applicant will come back in several years and ask for the rest of Locust Street to be vacated. Steve Lehtola, applicant, stated that he has a copy of a 1999 feasibility study done by the Army Corps of Engineers that says the Corp and the Federal Government will not financially support the construction of a dike for Lake Isabel. He feels that his home does fit in with the neighborhood, noting that it is a one-stow design like many of the other homes in the neighborhood. He added that in 1998, the existing property owners on the south side of 4th Street requested that the south half of the 4th Street right-of-way be vacated in order to make their lots buildable. Chairman Anderson asked that if the fill was never placed on the site and was being requested in conjunction with this building permit, would it be allowed. Director Hinzman stated that any fill over 50 cubic yards and less than 1,000 cubic yards would require an administrative permit from the DNR, which they have stated they would not be opposed to. Any fill over 1,000 cubic yards would require a special use permit from the City. Chairman Anderson suggested that perhaps a third party could conduct soil tests to ensure that the fill is suitable. Commissioner Truax added that the right-of-way for 4th Street is wooded, and that there isn't even a path to the lake. Director Hinzman added that the City owns the property, but has it was never developed. Commissioner Truax asked if additional fill was being brought in. Mr. Lehtola responded that some of the fill was actually being removed. Commissioner Alongi inquired if any of the trees in the area were being removed for construction of the home. Mr. Lehtola stated that no trees were being removed. Ms. Anderson asked the Planning Commission for time to review the information Mr. Lehtola mentioned regarding the feasibility study, as she was unaware that such a study existed. Ms. Hausman stated that she and her neighbors simply want to see Lake Isabel preserved. Commissioner Alongi asked why the Locust Street right-of-way was so important to the dike project. Ms. Warner stated that Locust Street provided access to the narrow channel that flows out of the lake and towards the Mississippi River, is the ideal location for a dike, and thus the access should be preserved. Director Hinzman added that 33' of right-of-way still exists for Locust Street; this is the same width as the current 4th Street right-of-way between Locust and Lake Street. Commissioner Alongi suggested tabling the item to allow residents to review any new information. Commissioner Greil stated that he supports the restoration of Lake Isabel, but what may need to be done for that to happen shouldn't come at the expense of this property owner, His experience is that change in existing neighborhoods is what causes the most friction. He feels that this item should be recommended for approval to the City Council, based on the facts and that other similar variances have been granted. Commissioner Truax asked that a condition be added to require no tree removal and that the soil on-site be tested via a third party. Commissioner Twedt stated that variance is reviewed by the Planning Commission, and that it is not their place to answer questions regarding to fill, trees, soil, etc. Planning Commission Action: Commissioner Greil moved and Commissioner Twedt seconded a motion to recommend to the City Council the approval of a lot-size variance for the southeast corner of 4th Street and Locust Street, based on the following findings of fact: 1) 2) The applicant has made an unsuccessful attempt to obtain the minimum amount of land area needed through the vacation of Locust Street. The current lot size (9,240) exceeds the minimum lot size (7,000) for the R-2 district, and is consistent with other lots in the area. Upon vote taken: Ayes: 6, Nays: 0. Motion carried. Wallin 10th Addition - Final Plat #2002-84 to create 8 townhome lots, 36 single family lots, and 11 outlots for Wallin Limited Partnership located southeast of General Sieben Drive and Carleton Drive. Director Hinzman presented background information on the proposal. Commissioner Greil expressed his displeasure at seeing the creation of 2 new cul-de-sacs, especially since current city code prohibits the creation of cul-de-sacs except in case where it is not topographically feasible. Commissioner Alongi stated he was happy that several temporary cul-de-sacs would be eliminated with the road being extended to General Sieben Drive. Commissioner Twedt asked if the Natural Resources and Recreation Commission had reviewed the park dedication for this plat. Planner Jenson responded that park dedication was reviewed by the NRRC during the preliminary plat process, and that the park dedication as a part of this plat was following what was approved with the preliminary plat. Director Hinzman stated that several major road connections were being platted with this first plat, which will alleviate some traffic pressures on Pleasant Drive and West 15th Street. Planning Commission Action: Commissioner Alongi moved and Commissioner Twedt seconded the motion to recommend approval of the Wallin 10th Final Plat, subject to the following conditions: 1. Conformance with the approved Preliminary Plat and Master Development Agreement as approved by the City Council on July 8, 2002, including: Outlots A and D shall be deeded to the City of Hastings to satisfy park land dedication requirements. Payment of $51,500.00 cash in lieu of land to satisfy park land dedication requirements. Payment shall be received before release of the final plat mylars for recording. Payment of $43,155.00 ($315 x 137 lots) to satisfy sewer interceptor charges. The sewer interceptor charge shall satisfy future subdivision of outlots consistent with the Preliminary Plat. 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. Disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance and stabilized with rooting vegetative over to eliminate erosion control problems. Execution of a development agreement to memorialize the conditions of the plat and to establish any applicable letter of credit or escrow amounts to guarantee the completion of the Final Plat. Upon vote taken: Ayes: 6, Nays: 0. Motion carried. North American Properties, LLC - Variance #2002-81 - Variance to Section 10.08, Subd. 4e (signs in C-4 District) to erect signage in excess of 5% of building fa(;:ade for Cub Foods located at the southwest corner of General Sieben Drive and Highway 55. Planner Jenson presented background information on the project. David Stradtman, Real Estate Manager for SuperValu, presented information as to why he feels the variance should be granted. This included calculations based on actual letters of signs being under the 5% allowance (versus measuring the smallest box around the sign for calculations) and that Wal-Mart has a much larger building and therefore is allowed more signage. Commissioner Alongi questioned why a large illuminated sign was needed on the back if Cub Foods was only allowed 5% of signage on the front wall. Chairman Anderson stated he felt SuperValu was saying that unless they are allowed to have the 10% signage on the front of the building they will put up the large sign on the rear. Mr. Stradtman stated that he was merely trying to show what was allowed per the City code. Steve Johnson, representative of North American Properties, who is developing the site, added that at some point in the future the South Frontage Road will proceed further to the west and serve as a street connection to other areas. Commissioner Alongi asked why some other Cub Foods stores do not include the word "Cub" with the words "Pharmacy" and/or "Liquor". Mr. Stradtman stated that in some areas the sites are developed under PUD regulations that mandate what signage is permitted. He also added that it may be a constitutional violation of free speech to limit signage on a building. Commissioner Alongi stated that he doubted limiting the amount of signage on a building was a violation of Cub Foods constitutional right to free speech, since the code wasn't limiting what words were placed on the building, merely their size. Commissioner Greil stated findings of fact to support a denial would be that the other businesses are able to function within the current code, and that the code was in place at the time the development was applied for. Chairman Anderson noted that he is doubtful that anyone in the area doesn't know that that is a Cub Foods being built, and that they will also know that the Pharmacy and Liquor store within the building are a part of Cub Foods. He also added that illuminated signs, which are being used on the site, are very effective and visible. Planning Commission Action: Commissioner Alongi moved and Commissioner Greil seconded the motion to recommend denial of the sign variance for North American Properties/Cub Foods to place 10% of the front wall in signage, based on the following findings of fact: 1) 2) The other big box retailers located at General Sieben Drive and Highway 55 both conform to the current sign ordinance. The sign ordinance was in place when the development was applied for for site approvals. Upon vote taken: Ayes: 6, Nays: 0. Motion carried. Larry Bialke - Variance #2002-83 - Variance to Section 4.15, Subd. 4 (Accessory Building Requirements) to construct an accessory building with a sidewall height exceeding 10 feet at 407 4th Street West. Planner Jenson presented background information on the request. Commissioner Alongi stated that he drove by and visited the site and felt that it didn't stand out within the neighborhood. Commissioner Greil expressed concern that this may set a precedent. Chairman Anderson agreed that the garage looked fine in the area. Commissioner Hollenbeck stated that she has trouble finding findings of fact to support the variance. Commissioner Alongi felt that the intent of the code was to allow 10' side walls with 9' garage doors. Commissioner Twedt felt that in reviewing the materials list provided by the store, one would expect that building it to their specs would result in 10' sidewalls. Planning Commission Action: Commissioner Truax moved and Commissioner Greil seconded the motion to recommend approval of a variance for 407 4th Street West, to exceed the maximum sidewall height by 1', for a maximum of 11', based on these findings of fact: 1) The materials list indicates a 10' sidewall height for the project, by which the applicant was simply following those plans. Upon vote taken: Ayes: 5, Nays: 1, Hollenbeck dissenting. Motion carried. 7. Adjournment With no further business, the meeting was adjourned at 8:38 pm.