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HomeMy WebLinkAbout03/10/03HASTLN'. S PL .NNLN CO LSS!ON March 10, 2003 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, Michno, Truax, and Twedt Commissioners Absent: None Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson Director Hinzman informed the Commission that an item was left off the agenda and asked the Commission to vote to add the item to the agenda as item # 7. Commissioner Greil moved and Commissioner Twedt seconded the motion to add the Pontzer/Mitchell variances to the agenda as item #7. Motion passed unanimously. 2. Approve February 24, 2003 Planning Commission Minutes Motion by Commissioner Greil, Second by Twedt to approve the Minutes of the February 24, 2003 Planning Commission as presented by staff. Motion passed unanimously. Sieben, Frank- Rezoning and Preliminary Plat #2003-15- Rezone property from A-Agriculture to R-3 - Medium High Density Residence and creation of Highview Estates, a 34-1ot residential subdivision located between 31st and 36th Streets, west of Leroy Avenue. Director Hinzman asked that the Commission remove this item from the agenda, since the application is not complete at this time. Planning Commission Action: Commissioner Alongi moved and Commissioner Michno seconded a motion to remove the rezoning and preliminary plat for Highview Estates from the agenda due to the application being incomplete. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Langenfeld, Jeff (Bumper to Bumper Auto) - Shoreland Variance and Site Plan Review #2003-06 to vary from ROW setback and construct a 1,981 s. f. addition to the rear of the existing Bumper to Bumper Auto Parts - 2007 Vermillion Street. Director Hinzman provided background information on the project. Chairman Anderson opened the public hearing at 7:10 pm. Dick Rosenquist, secretary for the Masonic Lodge at 2103 Vermillion Street, discussed an access agreement that was put in place in 1985 to provide access to other business along Vermillion from 21st Street. Mr. Rosenquist is concerned that the addition to the building and new parking areas at the rear of the building will interfere with public and emergency access to those other businesses. Hearing no other comments from the public, the hearing was closed at 7:16 pm. Commissioner Alongi asked for clarification on the location of the garbage dumpster, as the site plan shows it at the Northeast corner, while the Staff Report states that the dumpster is at the Northwest corner. Director Hinzman stated that the dumpster is indeed located at the Northeast corner. Commissioner Twedt asked if the variance was still necessary if the vacation of the right of way was granted. Director Hinzman stated that variance was still necessary, as the Shoreland Ordinance has a 20' setback requirement from right of way. The vacation will give the building a 2' setback. Commissioner Twedt asked the applicant about the easement. John Langenfeld, applicant, stated that he was not aware of any easements on the property for access purposes. Director Hinzman added that this plan would actually better define the parking areas at the rear of the building and improve the access. Commissioner Truax stated he was sure there was an alley there in the early 1980's, and it was because of the access that caused the Masonic Lodge to modify their site plans to allow access from the rear. Director Hinzman stated that he researched the original plat, but didn't see any evidence of an alley. Commissioner Alongi asked about the Shoreland Issue. Director Hinzman stated that because the property is within 300' of the Vermillion River, it falls under Shoreland guidelines. Planning Commission Action: Commissioner Michno moved and Commissioner Twedt seconded a motion to recommend approval of an 18' variance to the Shoreland Ordinance for setback from a right of way, based on the following findings of fact: The existing building was constructed prior to the adoption of the Shoreland Management Ordinance, and the proposed addition does not encroach any further into the required setback, presenting a unique situation, not created by the property owner. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Commissioner Michno moved and Commissioner Hollenbeck seconded a motion to recommend approval of the site plan for Bumper to Bumper Auto Parts at 2007 Vermillion, Subject to the following conditions: 1) The parking stall adjacent to the northwest corner of the building must be reconfigured to align with the remaining stalls along the building front. 2) Relocate the trash and recycling enclosure to eliminate encroachment into the 21st Street right-of-way. 3) Boulevard trees must be planted at spacings of no less than 50 feet along Vermillion Street and 21 st Street right-of-ways. 4) The existing bituminous surface between the parking lot and the roadway of 21st Street and Vermillion must be removed, and sodded. 5) All landscaping and planting species, sizes, and method of installation shall be identified. 6) Adherence to Minnesota Department of Transportation comments or requirements. Any use of or work within Mn/DOT right of way required a permit. 7) All new parking and drive aisle areas shall be constructed to City standards including bituminous surfacing and concrete curb and gutter. 8) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 9) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 10) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 11) 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 review of the plans. 12) Any rooftop equipment must be completely screened from the front elevation, any part of the roof top equipment that is visible from any other elevation must be painted to match the building on which the equipment sits. 13) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 14) 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: Ayes: 7, Nays: 0. Motion carried. Christ's Family Church - Rezoning property from I-1 Industrial Park and R-2 Medium Density Residential to C-3 Community Regional Commerce - 515 3rd Street East. Planner Jenson presented background information on the request. Chairman Anderson opened the public hearing at 7:29 pm. Hearing no comment fromteh audience, the hearing was closed at 7:30 pm. Chairman Anderson asked if any neighbors had contacted Staff regarding the request. Planner Jenson responded that a neighbor across the street from the subject property stopped in at City Hall to ask some questions about the application, but that he did not express an opinion of for or against the proposal. Planning Commission Action: Commissioner Twedt moved and Commissioner Truax seconded a motion to recommend approval of the rezoning from I-1 Industrial Park and R-2 Medium Density Residence to C-3 Community Regional Commerce. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Tech-1 Automotive - Special Use Permit #2003-13 to operate a retail and service business in the I-1 Industrial Park District - 671A 31st Street East. Planner Jenson presented the background information. Chairman Anderson opened the public hearing at 7:35 pm. Hearing no public comment, the hearing was closed at 7:36. Commissioner Truax inquired as the parking situation on the site and what other tenants might be using. Director Hinzman stated that the only other tenant at this time is Westbourne Supply, which is required to have 8 parking spaces per the code. This would leave approximately 5,000 square feet of space and 10 parking spaces. Commissioner Alongi asked if there were any requirements for these uses to come back before the Planning Commission for review. Director Hinzman stated that a permitted use would not be required to have Planning Commission review. Only those businesses that require special use permits require Commission/Council review. Commissioner Truax felt that all uses in the Industrial Park should be required to have a review before the Planning Commission and City Council. Director Hinzman stated that the land sale, the site plan, and the land credit application were reviewed and approved by the Industrial Park Board and the City Council last fall. Any details of those agreements must be met by the property owner. A gentleman from the audience, who did not give his name, stated that the new site would have more bays available for repairs and that the bulk of the vehicles repaired are dropped off and picked up the same day, with no need for overnight parking. Planning Commission Action: Commissioner Greil moved and Commissioner Michno seconded a motion to recommend approval of the special use permit for Tech-1 Automotive at 671A 31st Street East, subject to the following conditions: Hazardous Waste Generators License must be obtained from Dakota County prior to certificate of occupancy may be granted. 2. Outside storage of inoperable vehicles or automotive parts shall be prohibited. No unlicensed, unregistered, inoperable or damaged vehicles shall be stored outside overnight. 4. All work to be performed on motor vehicles shall be conducted inside the building. 5. Adherence to Industrial Park Appearance Standards. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Pontzer, Pamela and Mitchell Johnson - Variance to the minimum required side yard setback for accessory structures and variance to the maximum sidewall height for accessory structures - 613 6th Street West. Planner Jenson presented background information on the request. The applicant is proposing to construct an 18' wide by 40' deep garage located on the east property line. City Code requires a 5' setback in the R-2 District for accessory structures. The garage is proposed to have 12' sidewalls. City Code limits the height of sidewalls in accessory structures to 10'. Commissioner Alongi clarified that the garage was planned to be located in the same spot as the existing garage, and would extend closer to the street. Planner Jenson stated that this was correct. Pamela Pontzer, applicant, stated that the existing garage is 14' wide, and with a vehicle parked in the garage and storage of items such as bicycles, it is a narrow space. The neighbor at 606 Maple Street uses the side of the garage as a part of his existing fenceline. The proposed garage would be stucco to match the exterior of the home. The garage was designed as a 1 ~ stow to keep it in scale with the home. Director Hinzman stated that moving the garage to the rear is not desired by the applicant due to the extensive plantings and gardens in the rear yard and behind the existing garage. Mitchell Johnson, applicant, stated that they also have small children, and if the garage were moved to the backyard, it would require someone backing out of the garage to back out around a corner. Mr. Johnson and Ms. Pontzer feel this is a potentially dangerous situation. Commissioner Alongi asked about the possibility of adding on to the existing structure. Ms. Pontzer stated that the existing garage is on a floating slab and would not support any additional weight. In order to be more stable, their contractor has recommended replacing the garage with a structure that would have frost footings. Commissioner Truax stated that he felt the 12' sidewalls wouldn't be acceptable because the Building Code issues. Ms. Pontzer states that they proposed the 12' sidewalls to keep the storage space usable and to be able to match the existing roof pitch of the house. Chairman Anderson stated that he does not agree with the Building Official's interpretation of a 2 stow structure. He feels that this structure is appropriate for the site and age of the existing house. He also stated that this is the type of situation a variance is appropriate for. Commissioner Twedt expressed concern that other than the letter submitted by the applicants, the Commission did not have any neighborhood comments. Planner Jenson stated that the neighbor letters would be sent out on Tuesday, which would still give the neighbors a chance to provide feedback to Staff in time for the feedback to be included with the Council Staff report. Chairman Anderson asked if there was an issue with tabling the item until the next meeting. Ms. Pontzer stated that they would like the item to proceed on to the next Council meeting, as they are trying to schedule the construction of the garage if the variances are approved. Director Hinzman added that this item would be a discussion item on the City Council agenda, so any neighbors who chose to attend the meeting could have the opportunity to comment or ask questions. Chairman Anderson stated that the timing of the letters would still give neighbors ample opportunity to comment on the request. Commissioner Greil asked how far Mr. Wagner's (the neighbor due east at 603 6th Street West) garage was off the property line. Ms. Pontzer replied that it is at least 5' off the line, and is 6' from her existing garage. Commissioner Greil stated that he was looking for clarification because the neighbor's garage has a very steep roof pitch, and is actually taller than the existing garage of the applicants. Planning Commission Action: Commissioner Greil moved and Commissioner Hollenbeck seconded a motion to recommend approval of a 2 foot variance to the maximum sidewall height for accessory structures, based on the following findings of fact: The design of the garage conforms to the historic character and architecture of the house. That literal interpretation of the code would deprive the applicant of rights commonly enjoyed by others. Upon vote taken: Ayes: 7, Nays: 0. Motion carried. Commissioner Truax moved and Commissioner Twedt seconded a motion to recommend approval of a 5 foot variance to the minimum side yard setback requirement for accessory structures, based on the following findings of fact: The existing structure is located on the line currently. The construction of a new garage will improve the overall appearance of the property. That literal interpretation of the code would deprive the applicant of rights commonly enjoyed by others. Upon vote taken: Ayes: 6, Nays: 1, Alongi dissenting. Motion carried. 8. Other Business Director Hinzman provided an update of upcoming planning items Adjournment With no further business, the meeting was adjourned at 8:24 pm. Respectfully submitted, Kristine Jenson Recording Secretary