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HomeMy WebLinkAbout2008-08-05 P & Z - ApprovedCITY OF CENTERVILLE PLANNING AND ZONING COMMISSION August 5, 2008 Pursuant to due call and notice thereof, the Planning and Zoning Commission held its regularly scheduled meeting on August 5, 2008, at 6:30 p.m. PRESENT: Chair Brian Hanson Commissioner Roland Parucci Commissioner Mark Pangell Commissioner Darrin Mosher Commissioner D. Love Commissioner Thomas Wood -~'7 ABSENT: Commissioner Ben Fehrenbacher COUNCIL: Council Member Broussard-Vickers STAFF: City Administrator Dallas Larson L CALL TO ORDER Chair Hanson called the meeting to order at 6:30 p.m. 1. Roll Call II. APPEARANCES/PRESENTATION(S) None III. PUBLIC HEARING(S) None IV. OLD BUSINESS None V. NEW BUSINESS 1. Mr. Hatem Qamhieh, 7251 Clearwater Drive, Request for Variance to Enlarge Garage to Include aThird-Stall Extending into the Side Draina e.~ /Utility Easement Mr. Qamhieh stated that there is 70 feet from the front of his house to the street. He would like to build another garage stall on the west side of his current garage. He has measured several times and stated that would still leave an easement of 6'6", so he is requesting a variance of 3'6"- 4' from the required 10' easement. He is currently using the space on the Page 1 of 8 City of Centerville Planning and Zoning Commission August 5, 2008 west side of the garage for parking a car and/or his camper -Having the garage extended instead would look a lot better. His neighbor does not have an issue with it. This would be 18' 4" from his neighbor's house. When the house was built, it was shifted to the back to make it fit on the property. Commissioner Love stated that they would have to show that there was an actual hardship. Mr. Qamhieh replied that the addition could not be done on the east side of his house, because the creek comes too close to the house. The creek also cuts out a lot of his back yard. Chairman Hanson stated that they should have an actual survey before approving a Variance. He inquired whether the house could have been built anywhere else on the lot. Commissioner Love stated that, if the house could not have been placed anywhere else on the lot, then there is a hardship. However, if Mr. Qamhieh bought house as is, he bought the house with the hardship. Mr. Qamhieh stated that the face of the house is twisted to make it fit on the lot. He stated that there is a 4 foot retaining wall close to the creek on the east side of his property, and there is a lot of erosion that is coming closer to his house because of the creek. The creek expands every time there is a large storm. City Administrator Larson stated that the Commission's next step would be a Public Hearing, but they do need to have a survey. They have to know for sure if it will still have a 6'6" easement. He also stated that it could be set back another 2 feet to allow for some extra room. Commissioner Parucci inquired as to what the process is now. City Administrator Larson replied that they would not vote at this meeting. They would have to have a Public Hearing first. He added that it sounds like the neighbor does not have a concern, but it still requires a Public Hearing. Mr. Qamhieh proceeded to explain that he is holding up on roofing his house, which is needed because of storm damage. He stated that it would be more of a value to do the roof at the same time as the garage extension. He added that he would use the same material on the addition as on the rest of the house, so it would be consistent across the front. Councilmember Broussard-Vickers pointed out the five conditions that need to be satisfied for approval of this request, which could be found in the Councilmember's packets. She stated that the only condition that is in question is number one. She reported that they have not done very many variances. But they did have another person, with a similar situation as Mr. Qamhieh, where a variance was approved. There was another case where the person wanted an addition. This variance did not get approved, because the person could have had a 12-foot addition, but instead wanted a 14-foot addition. Again, it came down to whether it could be considered as a hardship. Page 2 of g City of Centerville Planning and Zoning Commission August 5, 2008 Chair Hanson stated that Mr. Qamhieh talked about putting in a concrete driveway also and inquired whether that would also need a variance. City Administrator Larson stated that driveways have to be 5 feet from the property line, so that section would not require a variance. Mr. Qamhieh stated that he had done the measurements 10 times but, if the Commission wanted him to, he would have a survey done. Chair Hanson replied that the Commission is not denying Mr. Qamhieh's efficiency, but they need to have a legal document. He continued that, even if Mr. Qamhieh's measurements were off just a little bit, it could make a big difference down the road. The Commission has to make sure they have everything covered. City Administrator Larson stated that it could make a big difference where the house is actually sitting on the lot. Mr. Qamhieh stated that 2/3 of his property is not usable. He added again that his neighbor does not have an issue with it. Councilmember Broussard-Vickers suggested that, before 1VIr. Qamhieh goes forward with the expense of a survey, the Commission should have a consensus that he otherwise meets all 5 of the conditions. If the Commission does not believe he meets all 5 of the conditions, then he should not have to go through the expense of a survey. She added the following for the Commission to consider: - The style of the house, and the way it was built, created the situation as it is now. Mr. Qamhieh bought the house the way it is. - If, after the survey, 1VIr. Qamhieh still has 3-4 feet left for the easement, would the Commission consider that to be sufficient? Commissioner Pangell stated that he would be comfortable having a 4-foot easement. He stated that they had a situation with a Rice Creek lot, where a variance was allowed so the house could be fit into the lot, which would otherwise have been an unusable lot. He added that that there is now precedence. City Administrator Larson replied that there is a difference between not being able to build a house on a lot vs. adding to a garage. Commissioner Pangell stated that there were already houses in the City with shorter than required easements, so it is not an unheard of situation. He stated that they just needed to get verification that the neighbor did not have a problem with it. Commissioner Parucci stated that he agreed with Commissioner Pangell, and he is comfortable with granting a variance also. Page 3 of g City of Centerville Planning and Zoning Commission August 5, 2008 City Administrator Larson stated that they need to be able to include in their approval that there is something different about this case than with the others in the future. Discussion ensued. Chair Hanson stated that the creek, which takes up a lot of Mr. Qamhich's property, makes it difficult. It does not give him much of a choice. Commissioner Parucci inquired whether the Commission would grant the variance if the survey proved to be what Mr. Qamhich clams. City Administrator Larson stated that they need to be careful not to appear like they are making a decision. He suggested that they say that they are inclined to see hardship and leave it as that. Mr. Qamhich stated that he understands what the Commission is saying. He stated that he does not want to spend money on the survey, and then have the Commission say he cannot do it. He added that he would like to make this improvement, because he would like to stay in his present house and the present area. Discussion ensued. City Administrator Larson stated that the next step would be to schedule the Public Hearing. Motion made by Commissioner Wood, seconded by Commissioner Love, to go forward with a Public Hearing to consider Mr. Hatem Qamhieh's request for a Variance to enlarge the garage at 7251 Clearwater Drive to include athird-stall extending into the side drainage/utility easement. All in favor. Motion carried unanimously. City Administrator Larson told Mr. Qamhich that, before the Public Hearing, the City would need to receive the fees relating to the Permit Application. Mr. Qamhich replied that the fees would be submitted by that time. Councilmember Broussard-Vickers stated that she is struggling with defining a third garage stall as a hardship. She stated that the rest of it fits all the conditions. She added that she would like the City Attorney and the City Council to take a look at it. Chair Hanson asked City Administrator Larson to get the legal survey to the Planning Commission ahead of time, to give them time to look at it before the Public Hearing. City Administrator Larson stated that he would call Mr. Qamhieh in the morning, and ask him to get the survey before the Public Hearing was scheduled. They could then identify findings to support the variance. Discussion ensued. Page 4 of g City of Centerville Planning and Zoning Commission August 5, 2008 Chair Hanson stated that the Commission will deal with this issue further when they get the survey. VL DISCUSSION ITEMS 1. Code Amendments a. Chapter 150-152 Sins City Administrator Larson discussed (M) under Section 152.15, General Regulations, on Page 18, and the 1,000-foot restriction. He stated that using the 1,000-foot restriction, you could theoretically get a billboard. He added that another condition is that it has to be on property with a principal structure. Councilmember Broussard-Vickers inquired about the restrictions on size. City Administrator Larson stated that they do not currently have a restriction on the size of billboards, but they could decide to add a size restriction. City Administrator Larson stated that freestanding signs cannot exceed 200 square feet in area and 35 feet in height and cannot be placed within ten feet of any street right of way. Councilmember Broussard-Vickers stated that she would not like to see a 10 by 20 foot sign across the street from the City Council building. She stated that the bank sign is about 35 feet in height. She added that they could limit the size of billboards by saying they could not be bigger than "X" square feet. Commissioner Love stated that they would not want to limit businesses based on signage. Councilmember Broussard-Vickers inquired whether the Commission wanted to put a limitation on a billboard size. City Administrator Larson stated that it would be easier to allow them, in limited circumstances, than to not allow them at all. He stated that not allowing them at all would be more likely to be challenged in a Court of Law than having specific restrictions on them. He added that they could not say a billboard would have to be smaller than a free- standing sign, but they could restrict them to being the same size as a freestanding sign. City Administrator Larson stated that there are places that regulate free-standing signs in conjunction with other signs, where 200 square feet is in addition to the 10%. City Administrator Larson stated that moving messages on signs should stay constant for at least 7 seconds. He stated that Blaine has 7 seconds as their minimum. The Commission agreed. Discussion ensued. Page S of g City of Centerville Planning and Zoning Commission August 5, 2008 City Administrator Larson stated that, regarding sandwich-board signs, it was agreed that they had to be brought in at the end of the business day and when the business is not open. They should be taken out of the definition of portable signs, as portable signs require a permit. Councilmember Broussard-Vickers inquired whether the City Council was going to do a Work Session to go over the changes. City Administrator Larson stated that yes, they would, but the Commission needs to finish all the Ordinances first. b. Chapter 153 Nothing was changed. c. Chapter 154 Manufactured Homes City Administrator Larson stated that the City is required to allow manufactured homes anywhere in the City, but they have to be at least 25 feet long. He stated that they should look at requiring continuous footing and a foundation for manufactured homes. The Commission agreed with having a continuous footing and foundation requirement. Fences City Administrator Larson stated that the City Attorney still needs to look at some conflicts regarding fences. City Administrator Larson discussed the yard setback restrictions (page 42) and the parking setback restrictions (page 54) in the Chapter 154 Zoning Code handout. The Commission was in agreement regarding fences and the 10-foot rule. City Administrator Larson discussed Item 7, regarding conforming to Rice Creek. He stated that Rice Creek may have taken out their setback rules. He added that they are leaving that to the City to decide. The City has a 75-foot rule for the lake. Councilmember Broussard-Vickers inquired whether they could say that, in the event that there is no setback requirement, it would have to match what Rice Creek has. City Administrator Larson inquired whether they would change from what they have if Rice Creek does not have something else. Councilmember Broussard-Vickers stated that they would, if these do not meet the Rice Creek Water District standards. Page 6 of g City of Centerville Planning and Zoning Commission August 5, 2008 City Administrator Larson stated that they would conform to Rice Creek's so there is no confusion. Commissioner Wood stated that they should put a footnote in the Zoning Code that references that. Councilmember Broussard-Vickers stated that she would not want to tell someone 50 feet, and then Rice Creek changes its requirement to 100 feet. The Commission agreed that they should follow whichever restriction is more restrictive. d. 154.171 -Tree Planting City Administrator Larson discussed 154.171, Tree Planting, which is on page 54 of the Zoning Code handout. He stated that they would rather not have boulevard trees in that 15 feet area either, and they should have to be off of the right of way. He added that that would eliminate conflicts with the utilities, and it would make them private trees. Fifteen feet, in most cases, would put the trees on a property line or on private property. e. Variance Language City Administrator Larson discussed the Court decision regarding the County. He stated they did not know for sure what the Court intended. It was the worse possible scenario, regarding a lake lot, where no survey was required. The owner built the house and, after it was built, it did not meet the setback requirements. The County made the owner apply for the Variance. The Planning Commission did not see a problem with it. The Hearing said they have to consider it as not apre-existing condition. The Justice needs an approval and the issue of having to tear down house was a factor they could consider. In this case, the County should use practical difficulty, rather than hardship. City Administrator Larson stated that this will have to be discussed further. City Administrator Larson stated that there are separate Statues separating States and Counties. f. Interim Use Permits City Administrator Larson stated that Interim Use Permits have atime-specific threshold. He stated that they have done some that were issued for a specific user. Then, when someone else moved in, the new owner had to reapply. City Administrator Larson added that they may need to add more to the District requirements later to identify the uses in each District that might be considered for Interim Use Permits. g. Mailboxes City Administrator Larson stated that Mayor Capra requested that the Commission discuss mailboxes. They have realized that they are not meeting the Ordinance. Mayor Capra would like the Commission to decide whether or not it should still be necessary to cluster a certain number of mailboxes on one post. Page 7 of g City of Centerville Planning and Zoning Commission August 5, 2008 Councilmember Broussard-Vickers inquired whether Public Works liked it the way it is now. City Administrator Larson stated that, from the plowing perspective, the mailboxes did not bother Public Works too much. Councilmember Broussard-Vickers stated that one benefit of having several of them together on one pole is that they are then lockable. City Administrator Larson stated that the restrictions are in Chapter 93, but that is not in handouts. In that Chapter, it states that they should be grouped with at least four, but not more than six. In addition, paper boxes should be on the same stand. He added that, if they are the required distance apart, there can be less than four on a post. Chair Hanson stated that he likes it the way it is. Councilmember Broussard-Vickers inquired whether there are more than six on a post in Eagle Pass. She stated that, if there are more than six, they are not compliant. She added that she would like to see the Ordinance changed to read four to ten, or to whatever is in the Eagle Pass area. Commissioner Parucci stated that he agreed with Councilmember Broussard-Vickers, and that he does not think that is overly large. City Administrator Larson stated that, at some point in the next couple of months, the Planning Commission needs to have a Public Hearing. They will have to incorporate the changes they have talked about, forward them to the City Council to review, and then have them completed by the end of the year. VII. CONSIDERATION OF MINUTES 1. July 1, 2008 Planning and Zoning Commission Meeting Minutes Councilmember Broussard-Vickers asked that Paragraph 2 under Code Amendments on Page 3 be changed to read, "Councilmember Broussard-Vickers asked if they could limit the number of political signs in a resident's front yard." Motion by Commissioner Pangell, seconded by Commissioner Wood, to approve the Minutes of the July 1, 2008, Planning and Zoning Commission Meeting as amended. All in favor. Motion carried unanimously. VIII. PLANNING AND ZONING COMMISSION MEETING ADJOURNMENT Motion by Commissioner Wood, seconded by Commissioner Parucci, to adiourn the August 5, 2008, Planning and Zoning Commission Meeting at 9 p.m. All in favor. Motion carried unanimously. Transcribed by: Bonita Kaska, Recording Secretary Timesaver Off Site Secretarial, Inc Page g of g