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HomeMy WebLinkAbout2007-07-03 P & ZCITY OF CENTERVILLE PLANNING AND ZONING COMMISSION JULY 3, 2007 Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regularly scheduled meeting on July 3, 2007, at 6:30 p.m. PRESENT: Chair Brian Hanson Vice-Chair Jennefer Klennert-Hunt Commissioner Ben Fehrenbacher Commissioner D. Love Commissioner Mark Pangell ABSENT: Commissioner Thomas Wood Council Member Broussard COUNCIL: None STAFF: City Clerk Teresa Bender I. CALL TO ORDER Chair Hanson called the meeting to order at 6:30 p.m. Roll Call II. APPEARANCES/PRESENTATION(S) None III. PUBLIC HEARING(S) th 1.Conditional Use Permit Request – 7137 – 20 Avenue, Automotive Repair & Storage Business (Jason Snyder – Bobby & Steve’s) Chair Hanson opened the public hearing at 6:35 p.m. Chair Hanson noted that no representatives from Bobby & Steve’s were in attendance; therefore, Planning Commission questions could not be answered. He asked for comments from the audience on this subject. Mr. Brad Olson, 1983 South Robin Lane, stated that he is concerned about the hours of operation, the lack of a noise barrier, and future plans for the property. He reported that he had problems with the property since Performance Auto leased the space. Page 1 of 5 City of Centerville Planning and Zoning Commission July 3, 2007 Motion by Vice Chair Love, seconded by Commissioner Fehrenbacher, to close the public hearing at 6:44 p.m. All in favor. Motion carried unanimously. City Clerk Bender reported that Bobby & Steve’s is operating without a Conditional Use Permit (CUP). Chair Hanson reiterated that no representative of Bobby & Steve’s is present to answer questions. Vice-Chair Klennert-Hunt stated that the next step is to stop any business activity as they are operating without a CUP. Commissioner Love stated that this would give the City an opportunity to clean up the neighborhood, and create a buffer from the residential area. He commented that he also has an issue with the fact they have not appeared before the Planning Commission. Motion by Commissioner Love, seconded by Commissioner Pangell, to deny a th Conditional Use Permit Request – 7137 – 20 Avenue, Automotive Repair & Storage Business (Jason Snyder – Bobby & Steve’s) and notify them to cease all business operation. All in favor. Motion carried unanimously. IV. OLD BUSINESS None V. NEW BUSINESS 1.1882 Center Street, Mr. Matt Collova, Collova Building & Mr. & Mrs. Brian Clancy – Request for Variance to be Allowed to Construct Additional Stall/Storage to Existing Garage Mr. Brian Clancy, 1882 Center Street, questioned the Planning Commission about the variance application process. He stated that he is unsure how a hardship is proven. He pointed out that when the house was built, the home was built in the current location due to a flood plain; however, the property is no longer in a designated flood plain. He commented thatbecause the house is not centered on the property, he could not add the stall/storage without a variance, as could his neighbors. He asked the Planning Commission what information they would like from him. Commissioner Fehrenbacher questioned whether building a detached garage was an option. Page 2 of 4 City of Centerville Planning and Zoning Commission July 3, 2007 Mr. Clancy replied that a detached garage is not an option due to drainage and cost. He stated that his neighbor to the west does not have a problem with their desired construction plans. Chair Hanson stated that this would not be unique to his property, as he believes several other homes would have similar issues. He remarked that it would be hard for Mr. Clancy to meet the variance requirements. Commissioner Fehrenbacher commented that he understands there are unique situations in this case; however, he had a hard time justifying this request for fear of setting precedence. Commissioner Love questioned whether there is any way to document that the house was set off center due to the flood plain when originally built. Mr. Clancy replied that he could provide documentation. He commented that the distance between his garage and the neighbor’s property is 50 feet. City Clerk Bender stated that there are no drainage or utility easements identified on the Certificate of Survey. Discussion ensued. Chair Hanson stated that he would have a hard time granting the Clancy’s request. Commissioner Pangell commented that if the neighbors are in agreement, he would be more in line to consider it; however, there are standards set that must be considered. Commissioner Love agreed with Commissioner Pangell; however, if the house was built in the current location due to a flood plain, consideration should be given now that the flood plain designation has changed. Vice-Chair Klennert-Hunt stated that the opportunity would be to look at the hardship created by the flood plain and what the Rice Creek Watershed District would allow. Chair Hanson directed Mr. Clancy to look at the flood plain issue and contact the Rice Creek Watershed District on options. Mr. Matt Collova, Collova Building, commented that the Clancys have been thinking about this pretty hard. He commented that the current plan is by far the best solution for the Clancy’s life style. He stated that, from a design point, the livability issue would be best with the third stall added to the garage. VI. DISCUSSION ITEMS Page 3 of 4 City of Centerville Planning and Zoning Commission July 3, 2007 1. August Meeting – Pools/Fencing City Clerk Bender reported that many pools without fences exist in Centerville. She requested that the Planning and Zoning Commission consider what types of pools should be fenced. She stated there is information in the City Ordinance that references fence requirements around a pool. She questioned how enforcement would be carried out. Discussion ensued. City Clerk Bender stated that the pool and fence issue would appear on the August Planning and Zoning Commission agenda. VII. CONSIDERATION OF MINUTES 1.June 5, 2007 Planning and Zoning Meeting Minutes Motion by Commissioner Fehrenbacher, seconded by Vice-Chair Klennert-Hunt, to approve the Minutes of June 5, 2007 as presented.All in favor. Motion carried unanimously. VIII. ADJOURNMENT Motion by Commissioner Pangell, seconded by Commissioner Fehrenbacher, to adjourn the July 3, 2007 Joint Council/Planning Commission Meeting at 7:15 p.m. All in favor. Motion carried unanimously. Transcribed by: Dianna Wise, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 4 of 4