Planning Commission April 28, 2025

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[0:00] John Hinzman: Thank you, Mr. Chair. Planning Commissioners. John, if you'd stand up, please. I'm going to go to the other side here. And if you could follow along with me sheet here. Minister of the Oval Office for Planning Commissioner. So, I, John Moes, [0:15] John Moes: I, John Moes, [0:18] John Hinzman: do affirm [0:19] John Moes: do affirm [0:20] John Hinzman: that I will support [0:21] John Moes: that I will support [0:22] John Hinzman: the Constitution of the United States of America [0:24] John Moes: the Constitution of the United States of America [0:25] John Hinzman: the Constitution of the State of Minnesota [0:27] John Moes: the Constitution of the State of Minnesota [0:28] John Hinzman: and the charter and ordinances of the city of Hastings [0:32] John Moes: and the charter and ordinances of the city of Hastings. [0:34] John Hinzman: And that I will faithfully discharge the duties of planning commissioner [0:37] John Moes: and that I will faith faithfully discharge the duties of planning commissioner [0:40] John Hinzman: for the city of Hastings. [0:42] John Moes: for the city of Hastings, counties of Dakota and Washington. [0:43] John Hinzman: Counties of Dakota and Washington and state of Minnesota [0:45] John Moes: and state of Minnesota [0:46] John Hinzman: according to the best of my ability and understanding. [0:49] John Moes: according to the best of my ability and understanding. [0:53] John Hinzman: Welcome, commissioner. [0:55] John Moes: Thank you. Thank you. Thank you. [1:03] Melanie Peters (Chair): All right. Again, welcome John to the planning commission. [1:06] John Moes: Thank you. Glad to be here. [1:09] Melanie Peters (Chair): All right. Approval of the minutes from the March 10th meeting. Commissioners, any comments, corrections additions subtractions? All right. If not, we'll consider those to be approved. And we have three public hearings tonight. The first public hearing will be Steve, is it Benowitz? All right. Steve Benowitz, special use permit, 2025-05, cannabis, 21103 Vermillion Street. And our staff report be John. [1:32] John Hinzman: Commissioners. So for the first two items we have tonight, they are public hearings, both related to a similar item, and that is a special use permit for cannabis retail sales. So during the first presentation here, I'll go through a little bit more background on the permit, some of the history, and then stick with some of the specifics of the second one here. So the first public hearing that we have tonight is for Steve Benowitz. This would be a cannabis use a special use permit for cannabis retail sales at 21103 Vermillion Street. This is a property right next to the bar. Uh this is what we're looking at here. Highway 61. The bar is located on the yellow outline parcel and then right in this location here is where the retail facility would be proposed for cannabis. So tonight, what we're asking you to do is to hold a public hearing, take comment that may come up, and then review the special use permit application and provide a recommendation to the city council on this. [Report continues detailing zoning, setbacks, and proximity to Vermillion Falls Park]. [10:25] Melanie Peters (Chair): Okay. Thanks, John. We will go ahead and open the public hearing. All right. If there's anybody here that wishes to speak, um, please come up to the podium, state your name and address. Is there anyone here that wishes to speak? Oh, okay. Sure. You got one behind you as well. [10:43] Steve Benowitz: First of all, it's nice to meet all of you. Uh, my name is Steve Benowitz, 21103 Vermillion Street. Um, I've been a business owner here in town since 1976. So, I I've been here next year will be 50 years. Um, and um I'm very grateful that back in 76 the city of Hastings granted me that liquor license and now I'm here to apply for a cannabis license. And it's very important for me to make sure this is done properly. What I mean by that is to make sure that state and federal laws um are carried out in the business. Uh best practice also carried out in the business. [Continues describing hospitality background and trust in manager Jennifer Silber]. Um I don't know if anybody has any questions for me. [15:15] Melanie Peters (Chair): Not at this time, but we'll call you back up if we need to. [15:18] Steve Benowitz: Thank you. Thank you. Thank you for your time. Yeah. Thank you. [15:27] Melanie Peters (Chair): And gentlemen in the back row there. Do you want to speak? [15:37] Joshua Bruns: Thank you. I just wanted to uh—my apologies. Josh Bruns, 3337 47th Avenue South, Minneapolis, Minnesota. I just wanted to note that Mr. Hinzman did uh cover the distance requirements, but I just wanted to enter this into the record just for record sake. Uh if you guys would just note for me please uh 155J 5D2C. It's just the distance requirements. Um 500 ft from an attraction within a public park that is regularly used by miners. So I just want to quote specifically and that might include may or may not uh a pathway um that is marked as an entryway or the entrance and entrance into Vermillion Falls Park. Thank you. [16:30] Melanie Peters (Chair): Is there anyone else that wishes to speak? All right. Anyone on Zoom? Nobody. Nobody on Zoom. Okay. We'll go ahead and close the public hearing and we'll open it up to commissioners for any comments, dialogue questions. [16:46] Rachel Swedin (Vice Chair): Commissioner Swedin. I'm pretty sure John said this, but for very clear clarification here there, we are not deciding which permit is going to be used in the end. Right now, we are just deciding if each special use permit will be administered today. [17:03] John Hinzman: Correct. There's be no final determination based upon the registration by planning commission or city council during this process. That would be a separate portion, but just highlighting that for something to be determined down the road. [17:23] Rachel Swedin (Vice Chair): Thank you, John. I just need some clarification. So, section two there, C where you talked about it and that gentleman talked about more than 500 ft from an attraction within a public park. I just wanted to get some clarification on that... how she came to the conclusion that that would not violate. [18:20] John Hinzman: Sure, Mr. Chairman. Looking at the map here, this is Vermillion Falls Park in this location. [Explains distance from pavilion]. So it was our conclusion that it met the requirement. [18:38] Rachel Swedin (Vice Chair): Okay. All right. So it's the designation the official designation of that area. Right. the legal determination. Okay. Thank you. [19:13] Melanie Peters (Chair): Questions? Other questions? Oops. Right. No other questions. No comments. Okay. If not, I'll entertain a motion if you're ready. [19:35] Rachel Swedin (Vice Chair): Motion to approve the permit for the bar's special use permit cannabis retail sales by Steve Benowitz with the uh listed recommendations outlined by staff. [20:08] Melanie Peters (Chair): Okay. So, we have a motion to approve special use permit 2025-05. 21103 Vermillion Street. Do I have a second? [20:18] Angela Montgomery: I'll second. [20:20] Melanie Peters (Chair): Okay. Second, Commissioner Montgomery. We have any further discussion? Okay. If not, all in favor say I. [20:25] Commissioners: I. [20:26] Melanie Peters (Chair): Opposed. Okay. That motion carries. [20:27] John Hinzman: Thank you, Mr. Chair. The recommendation will bring be brought forward to the city council at their May 5th meeting for final action. Thank you. [20:42] Melanie Peters (Chair): All right. Thank you. All right. Um second public hearing. This is for Joshua Bruns. Minneapolis Kombucha special use permit 2025-07 cannabis 215 Ramsey Street. And again, we have John Hinzman with the staff report. [20:49] John Hinzman: Okay. Thank you, Mr. Chair, planning commissioners. Uh, the basis of this application is similar to the last one. This location is 215 Ramsey Street located in the downtown area. [Continues staff report, noting proximity to the Arts Council and residential areas]. [25:31] Melanie Peters (Chair): All right. Thanks, John. And we will go ahead and open the public hearing. All right. Is there anyone here that wishes to speak? Go ahead, sir. Come on up. Name and address. [25:46] Scott Northard: Good evening. I'm Scott Northard. I live at 716 West 2nd Street. Um, I'm the treasurer for the Hastings Prescott Arts Council and as uh Mr. Hinzman pointed out uh we are leasing the uh property at 213 Ramsey adjacent to this building. [Expresses concern about students and minors in the area for art lessons]. [28:29] Melanie Peters (Chair): Is there anybody else that wishes to speak? Come on up. [28:40] Barb Hollenbeck: Hi, I'm Barb Hollenbeck. I live at 212 East 2nd Street. And not only am I a property owner, I uh live downtown. My toy store, SC Toys, is located downtown as well. [Discusses concerns about downtown density, proximity to the toy store, and impact on sobriety at the nearby AA club]. [31:40] Melanie Peters (Chair): Okay, come on up. [31:50] Kathy O'Keefe: Hi, my name is Kathy O'Keefe and I live at 1560 Tierney Drive and I'm the president of HPAC, which is housed right next door. And I think Scott just so clearly expressed all of our feelings... [Expresses surprise at the proposed neighbor given the youth-focused vision for HPAC]. [33:10] Melanie Peters (Chair): Anyone else wish to speak? Yep. Come on up. [33:20] Joshua Bruns: Hi again. Josh Bruns, 3337 47th Avenue South. I just want to—I appreciate you guys' comments. Um I would like to just put into the record the um letter and security plan that I submitted. [Addresses concerns regarding safety, signage, and the nature of the business as a non-consumption retail site]. [36:26] Melanie Peters (Chair): Nope. Okay, we will go ahead and close the public hearing and we'll open it up to commissioners. [36:34] Angela Montgomery: Commissioner Montgomery. Thank you, Mr. Chair. Um, John, quick question, clarification. Oliver's Grove. What is the formal is kind of a park area? [Discussion follows regarding distance exemptions for the downtown area]. [38:11] Melanie Peters (Chair): I mean it—we want to allow for it but not put it in the hands of minors. You know, try to keep a protective barrier. And I I think that this particular location doesn't make practical sense. [39:06] Rachel Swedin (Vice Chair): Right. Thanks, Commissioner Peters. Commissioner Swedin, I have a question for John... [Discussion on Council rationale for downtown cannabis exemptions]. [41:54] Rachel Swedin (Vice Chair): Madam Chair, I'd like to make a motion. Uh, I move to approve special use permit 2025-07 for cannabis at 215 Ramsey Street. [42:16] Melanie Peters (Chair): I have a motion. Do I have a second? [Seconded by another Commissioner]. Any further discussion? [Brief discussion on the building's current occupancy and the city's future licensing process]. [46:59] Melanie Peters (Chair): That motion carries. Moving on to the next item. I don't believe this is a public hearing. It is not. Okay. So, we'll make that correction to the agenda. This is for the structure at 413 2nd Street West. [47:56] Justin Fortney (City Planner): Thanks. This is regarding the request to move an existing Rambler house to the property at 413 2nd Street West. [Reports on the Board of Design Control review and the Heritage Preservation Commission's conditional approval]. [59:45] Melanie Peters (Chair): Thanks Justin. Pass this down here. Sorry. All right. This is not a public hearing. So we'll go ahead and open it up to commissioners for any questions and comments. [1:00:23] Melanie Peters (Chair): John or Justin, I have a question. Uh so this is kind of a unique one. Um the sunset clause. [1:01:02] Justin Fortney (City Planner): Our um typical approvals, we have a sunset clause on it for the um action to begin for one year. [Explains building permit timelines and the potential for the commission to add specific conditions]. [1:03:45] John Hinzman: And Mr. Chair, I would I would strongly suggest that you address that within the conditions of approval tonight because I think you bring up a valid point... to establish a time frame for when the building would be improved per the plans in there. [1:04:33] Fred Weiland: Well, if—Yeah. Come on up, please. My name is Fred Weiland and I live at 413 Second Street West. And when I threw out that period of two years, it's based on the idea that I have to uh have contractors involved in excavating the concrete work. [Explains the logistics of moving a house and coordinating contractors]. [1:05:49] Rachel Swedin (Vice Chair): Um so, I'm sorry. Go ahead, Commissioner. Sorry. So once you get the approvals, do you have any type of a time frame as to when they would actually start? [1:06:21] Fred Weiland: I have nothing scheduled with any contractors at this point because until I get a permit, you know, I'm kind of wasting their time. [Discusses current prep work and intent to renovate]. [1:07:06] Rachel Swedin (Vice Chair): Was the last use of this structure a house? And you plan to use it as a garage. [1:07:22] Fred Weiland: Garage. And to address the uh concern about the sill plate... it'll remain wood siding which is in character with the historic district. [1:08:14] Melanie Peters (Chair): All right commissioners, any other comments? [Melanie Peters leads a discussion on the visual impact of the variance and the need for a strict timeline for exterior repairs]. [1:11:51] Rachel Swedin (Vice Chair): I feel like if we put a cap of six months on it, then that's also up to the builder to choose a time when those repairs can be done. [1:12:07] Melanie Peters (Chair): Thank you. Fred, did you want to respond to that? I saw you make a move to come up. Come on. [1:12:31] Fred Weiland: So, the plan was attacking the west side and the north face first... by managing this in parts, the most noticeable parts first. [1:16:13] Rachel Swedin (Vice Chair): If it does get placed somewhere in like end of the next two months, potentially maybe more of a year would be reasonable... that this is kind of done by the end of next summer. [1:16:51] Melanie Peters (Chair): I see where you're going that like one calendar year. Could I suggest—just to give him a little more leeway—instead of one calendar, say 15 months? [1:17:18] John Hinzman: Mr. Chair, or is it a case that we do the one-year sunset clause at the placement of the building? [1:18:22] Melanie Peters (Chair): Could we agree on a sunset of September 30th of next year? That would give him the entirety of the summer weather-wise to finish. [1:18:32] Fred Weiland: Sure. I I'm okay with that. [1:18:34] Melanie Peters (Chair): Anyone else? Yep. Okay. So, we want to go ahead and—if there's no further discussion, I'll entertain a motion. [1:18:51] John Hinzman: Mr. Chair, just a point of clarification on this. We have two actions... one for the Board of Design Control and the second would be the variance. [1:19:35] Rachel Swedin (Vice Chair): Madam Chair, I'll make a motion to approve variance 2025-08 for the side setback at 413 Second Street West. [1:20:07] Melanie Peters (Chair): Okay. So, we have a motion to approve. Do I have a second? [1:20:18] John Moes: Second. [1:20:26] Melanie Peters (Chair): All in favor say I. [Ayes]. That motion carries. [1:20:42] Rachel Swedin (Vice Chair): I move to approve the Board of Design Control request to move an existing Rambler to 413 Second Street West with the condition that the exterior of the garage be in accordance with HPC aesthetics by September 30th, 2026. [1:21:12] Melanie Peters (Chair): Nice job. Do I have a second? [1:21:15] John Moes: I'll second. [1:21:26] Melanie Peters (Chair): All in favor say I. [Ayes]. Opposed. And that motion carries. [1:21:31] John Hinzman: Mr. Chair, that'll also move forward to city council on May 5th for final action. [Provides updates on the zoning code project and upcoming meetings]. [1:22:12] Melanie Peters (Chair): All right. If not, we will take a motion to adjourn. [1:22:15] Rachel Swedin (Vice Chair): Motion to adjourn. [1:22:17] Angela Montgomery: Second. [1:22:19] Melanie Peters (Chair): All in favor say I. [Ayes]. We are adjourned.