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HomeMy WebLinkAbout2018-07-10 P & Z Minutes - Approved CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regular meeting on Tuesday, July 10, 2018 at 6:30 p.m. PRESENT: Chairperson Darrin Mosher Commissioner Linda Broussard Vickers Commissioner Mark Haiden Commissioner Kim Ganzel Commissioner Darrell (DJ) Olson, Jr. ABSENT: Commissioner Nick Twohy Commissioner Ben Fehrenbacher STAFF: City Administrator/Engineer Mark Statz OTHERS PRESENT: City Council Liaison Russ Koski L CALL TO ORDER. The meeting was called to order at 6:31 p.m. by Chair Mosher. 1. Roll Call a. Twohy and Fehrenbacher absent II. PLEDGE OF ALLEGIANCE III. APPROVAL OF AGENDA Motion by Commissioner Mosher, seconded by Commissioner Broussard Vickers to Approve the Agenda as presented. All in favor. Motion carried. IV. AWARDS, PRESENTATIONS, APPEARANCES 1. Informal Review, 7112 Brian Drive—Location of Shed/Variance? Mr. David Gramer, of 7112 Brian Drive appeared before the commission, seeking an informal opinion of whether or not he might be granted a variance to place a shed a few feet into what would be his side yard. The commission discussed other options for the location of his shed and the possibility of getting a smaller shed. Mr. Gramer explained the difficulties with the other location options, including the interference with a tree for one of the options. He also discussed why he was seeking the size shed he proposed. The commission explained the rarity of variances granted. Some commissioners seemed to support the variance because of the lack of other viable locations, the fact that the shed would be behind a fence, the lack of a neighbor on the side affected, and the small footage of encroachment involved. Others did not seem to support it due to the ability to stay within the code by having a smaller shed. Pagel of 5 City of Centerville Planning and Zoning Commission July 10,2018 Administrator Statz proposed the idea of a code amendment to allow sheds in side yards if behind a conforming privacy fence. Perhaps further restrictions might also involve provisions regarding side lots. Mr. Gramer will decide whether or not to pursue a variance application and Mr. Statz will bring forth proposed code language change for consideration. The following item was handled after New Business: Mr. Ed Szulim of 1721 Heritage Street appeared before the Commission for an informal review of a proposed fence. Mr. Szulim's lot is unusual because it is on a corner, with the home facing the long side of the lot, not the narrower side. This leaves him with nearly no backyard whatsoever. The side yard to his west is spacious enough for a fenced-in area but code does not allow this. Mr. Szulim was seeking the Commissions informal thoughts on what could be done to achieve his goals of having a reasonable fenced-in area. The Commission understood his plight and thought the use seemed reasonable, but were unsure if the code would allow it and had mixed thoughts on whether or not the situation would lend itself to a variance. Mr. Szulim will consult with city staff and decide on a course of action. City staff will review, closely the ordinance language and see if any code language changes may be appropriate to bring forth. V. PUBLIC HEARING/INPUT 1. Request for a variance, 1965 S. Robin Lane Mr. and Mrs. Doug and Judy Cruz appeared before the commission to request a variance to the side yard setback for a driveway at 1965 South Robin Lane. Administrator Statz gave an overview of the application. Motion by Commissioner Mosher, seconded by Commissioner Broussard Vickers to open the public hearing for a Variance at 1965 S. Robin Lane. All in favor. Motion carried. The Public Hearing was opened at 7:08. Mr. Cruz spoke about the proposed driveway, the fact that a building permit had already been issued for the construction of a garage in the rear of the home, and his intent to simply build a minimum width driveway to get to the garage. The Chair asked if there were any members of the public wishing to speak. No comments were given. Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to close the public hearing for a Variance at 1965 S. Robin Lane. All in favor. Motion carried. The Public Hearing was closed at 7:09. Page 2 of 5 City of Centerville Planning and Zoning Commission July 10,2018 VI. OLD BUSINESS 1. Conditional Use Permit for a Planned Unit Development, Rezoning and Comprehensive Plan Amendment—Bay View Villas a. Findings of Fact b. Ordinance#94, Rezoning of Certain Properties c. Draft Conditional Use Permit Administrator Statz reviewed the proposed development and reminded the Commission that they had recommended approval of a preliminary plat at the last meeting. The items on this agenda were to consider recommending adoption of three documents, which were not fully prepared at the last meeting. Mr. Statz stated that there were three changes to the proposed development since the last time it was in front of the commission. Those were: • Addition of an access trail to Centerville Lake for the 9 interior lots • Change of the 30-feet-wide strip along the lake from common lot to easement. • Agreement with adjacent homeowners as to driveway configuration and financial responsibility for portions of that construction. Jim Boo, the developer of the proposed plat, was present and discussed the reasons for the changes, mostly due to requests from the builders looking at the development and offering their thoughts on the sale-ability of the lots as proposed. Commissioners voiced their concerns with the access trail and associated dock, wanting to understand the management of that dock; would it be protected from public access, how many boats could be docked on it, etc. Mr. Boo told the commission that the dock would be managed by the association and that its primary purpose would be as a "tie-up" dock and that boats would not be allowed overnight. The commission found the change to the 30-feet-wide strip to be acceptable as long as the goals of protecting the lake and aesthetic concerns were addressed. Discussion regarding the LaValle Drive driveway and utility configurations was had. All of the residents adjacent to LaValle Drive were present and were in general agreement with what is now proposed. The developer will construct driveways up to the property line at his own cost. The remaining work to finish the driveway connection and abandon LaValle Drive is at the discretion and expense of the homeowners. The developer and city will work with those residents to help facilitate driveway construction and utility relocation or abandonment, leveraging the contractors who would already be on site for the development. Motion by Commissioner Broussard Vickers, seconded by Commissioner Mosher, to recommend approval of the Findings of Fact, as presented. All in favor. Motion carried. Page 3 of 5 City of Centerville Planning and Zoning Commission July 10,2018 Motion by Commissioner Broussard Vickers, seconded by Commissioner Mosher, to recommend approval of Ordinance#94, Rezoning, as presented. All in favor. Motion carried. Motion by Commissioner Ganzel, seconded by Commissioner Broussard Vickers, to recommend approval of the Draft Conditional Use Permit, as presented. All in favor. Motion carried. VII. NEW BUSINESS The following item was handled out of order, immediately after the public hearing. 1. Request for Variance—1965 South Robin Lane Discussion ensued among the commissioners regarding the building permit being issued, the lack of a residential neighbor (the driveway would be adjacent to a park), the neighboring properties having similar garage and driveway configurations, and the narrowness of this lot compared to others, as the pie-shaped line at the corner squeezes the frontage. Motion by Commissioner Haiden seconded by Commissioner Broussard Vickers, to recommend approval of a variance for driveway setback at 1965 South Robin Lane, finding that the request met statutory requirements for a variance by being a reasonable use, not affecting the essential character of the neighborhood and not being created by the applicant. Specifically, facts contributing to the recommendation include: the issuance, by the city, of a building permit for the garage, the park as a neighbor, the minimum width driveway being requested and the "pinch point" nature of the encroachment. All in favor. Motion carried. 2. Review Possible Change for August and November Regular Meetings The commission reviewed the schedule and took action to move the date of their regular meetings. Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden, to move the regular August meeting to July 31, 2018 and the regular November meeting to November 13, 2018. All in favor. Motion carried. 3. Code Amendment to Chapter #91.20, Recreational Fires Discussion included a variety of opinions on the matter, with some commissioners in favor of a change to the ordinance to allow for easier enforcement of perpetual burning. Others did not want to impede responsible citizens from having a legal fire at any time they wished. No official action was taken. Page 4 of 5 City of Centerville Planning and Zoning Commission July 10,2018 VIII. APPROVAL OF MINUTES 1. Minutes for the last meeting were not yet available. No action was taken. VIII. ANNOUNCEMENTS 1. Councilmember Liaison Council liaison Koski gave a few informal updates on council activity. 2. CUP Updates a. Alex's Lawn and Turf Administrator Statz updated the commission on the fact that city staff was actively discussing certain alleged violations of the CUP for Alex's Lawn and Turf with the ownership of the company. Options were given for them to come into compliance or apply for a change to their CUP. b. CenterMart Administrator Statz updated the commission on the fact that city staff was actively discussing certain alleged violations of the CUP for CenterMart with the ownership of the company. Options were given for them to come into compliance or apply for a change to their CUP. VIII. ADJOURNMENT Motion by Commissioner Broussard Vickers, seconded by Commissioner Haiden to Adiourn the Regularly Scheduled Planning & Zoning Commission Meeting at 8:43 p.m. All in favor. Motion carried. Respectfully submitted, City Administrator/Engineer Mark R. Statz Page 5 of 5