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HomeMy WebLinkAbout2004-11-01 P & Z CITY OF CENTERVILLE PLANNING AND ZONING COMMISSION NOVEMBER 1, 2004 Pursuant to due call and notice thereof, the Planning and Zoning Commission held their regularly scheduled meeting on November 1, 2004, at 6:30 p. m. PRESENT: Michelle Lakso Brian Hanson Tom Wilharber Jennefer Klennert Hunt Jeff Hanzal ABSENT: None COUNCIL: Linda Broussard Vickers STAFF: None. I. CALL TO ORDER 1.Roll Call The meeting was called to order at 6:35 p.m. II. APPEARANCES 1. Presentation of Recognition Plaque to Former Member Mr. John McLean Chair Hanson presented a recognition plaque to Mr. John McLean for his years of service to the City. III. PUBLIC HEARING(S) 1. Lot Split Request – Mr. John Dahl, 7334 Brian Drive Chair Hanson opened the public hearing at 6:38 p.m. Mr. Dahl appeared before the Commission and presented his lot split proposal for consideration. Mr. Greg Carpenter of 7328 Brian Drive said he thinks some of the wetland was already mitigated and asked whether it can be mitigated again. He then said they are one foot above the level of the pond so he is concerned that the water level does not rise. Page 1 of 5 Mr. Dahl explained that drainage culverts would be used to allow drainage to continue. Mr. Carpenter indicated he would like information from the watershed district. Mr. Dahl indicated he could provide the information to him. Mr. Bob Cheetah of 7329 Brian Drive indicated that he only received three days notice of this meeting. Commissioner Wilharber asked whether the applicant had received any information from Mr. Palzer, the building inspector for the City. He then noted there is a question with regard to the stub for water and sewer and an escrow for the work to be done. Commissioner Wilharber asked whether the applicant had an issue with providing an escrow. Mr. Dahl indicated he did not. Commissioner Wilharber noted that Mr. Palzer is asking for engineering to ensure the culvert would work appropriately and that would be a cost to the applicant. He then said the cul-de-sac was put in as temporary and it was originally planned that the road would go through. Commissioner Wilharber asked if the temporary cul-de-sac was made smaller to go through in the future. Mr. Richard Travis of 7335 Brian Drive explained that the cul-de-sac is actually bigger in case it ended up being permanent. Mr. Dahl indicated that he spoke to Ms. Bender about the house pad being in a drainage easement and then said that the pad is no longer in the easement. Mr. Carpenter asked whether this request has any bearing on whether the cul-de-sac becomes temporary or permanent. Chair Hanson indicated that no one has come forward to ask that the street go through at this time. Mr. Cheetah asked what the front footage is. Council Liaison Broussard Vickers explained that the front footage measurement is taken at the house not at the street. Mr. Carpenter asked for more time for reviewing this matter due to the short notice. Page 2 of 5 Chair Hanson indicated the Commission would be acting on the matter tonight and it would be before Council for further comments. Mr. Cheetah commented that neighbors have gotten no time to look into this and one neighbor could not make it to the meeting due to late notice. Council Liaison Broussard Vickers explained that you cannot drain water to someone else so this would need engineering approval of the drainage. She then said that there are other issues to resolve and Staff will be working on those. She further asked that residents provide questions or comments to the City for consideration. Mr. Carpenter said he would like to wait on the lot split to make sure all things are completed. Council Liaison Broussard Vickers indicated that the Planning Commission makes a recommendation to Council but Council would not vote to approve the lot split until all final approvals have been obtained from the City Engineer and Rice Creek Watershed District. Mr. Carpenter commented that they were told about covenants that said there are no lot splits allowed. Council Liaison Broussard Vickers indicated that would be a civil question to solve. Commissioner Wilharber indicated he reviewed the letter from the Corp of Engineers and asked how much fill would be used. Mr. Dahl indicated he intends to fill 1,744 square feet for the driveway. Commissioner Wilharber indicated he looked at that piece of ground and it drops off significantly and he is concerned with drainage issues on this piece. Motion by Commissioner Wilharber, seconded by Commissioner Lakso to close the public hearing. All in favor. Motion carried unanimously. Chair Hanson closed the public hearing at 6:56 p.m. Commissioner Wilharber said he is concerned with the potential for drainage problems with this property regardless of whether this meets the lot split requirements. Chair Hanson indicated that it is his opinion that this meets the requirements of the lot split and he relies on the City Engineer to approve the drainage. Motion by Commissioner Lakso, seconded by Commissioner Hanzal to recommend Council approval of the lot split for R14-31-22-41-0016 as requested contingent Page 3 of 5 upon final approval from the City Engineer on drainage. Ayes – 4, Nays – 1(Wilharber). Motion carried. IV. OLD BUSINESS 1. Ordinance #79 – Erosion & Sedimentation Ordinance Motion by Chair Hanson, seconded by Commissioner Klennert Hunt, to table Ordinance #79 and Ordinance #30. All in favor. Motion carried unanimously. V. NEW BUSINESS 1. Letter of Interest in Becoming a Member – Mr. Bob Wright and Mr. Thomas Wood The Commission discussed the duties of Commissioners with Mr. Wright and Mr. Wood. Motion by Commissioner Wilharber, seconded by Commissioner Klennert Hunt, to recommend to Council appointment of Mr. Wright and Mr. Wood to the Planning Commission. All in favor.Motion carried unanimously. Chair Hanson reminded the potential new members to be cognizant of any conflicts of interest or the appearance of a conflict of interest as one interested party is a realtor. VI. DISCUSSION ITEMS Commissioner Hanzal asked that Staff confirm his e-mail address as he did not receive the last e-mail from the City. Council Liaison Broussard Vickers noted there was training available and asked that any interested Commissioners contact Staff to be registered. The Commission briefly discussed the proposed parking change and agreed that the City is not interested in making any changes based on the information provided. Chair Hanson informed the Commission that he had received a call concerning distasteful signs in a resident’s yard. The Commission discussed the matter and Council Liaison Broussard Vickers explained that the Council discussed this matter at its last meeting and was informed by the City Attorney that there is nothing that the City can do to force the removal of the signs. Commissioner Wilharber indicated that the individual who contacted him was interested in working with the City to determine whether an ordinance could be drafted to regulate these types of signs. Page 4 of 5 VII. CONSIDERATION OF MINUTES 1. October 5, 2004 Planning and Zoning Meeting Minutes Motion by Commissioner Wilharber, seconded by Commissioner Hanzal to approve the Minutes of October 5, 2004, as presented. All in favor. Motion carried unanimously. VIII. ADJOURNMENT Motion by Commissioner Wilharber, seconded by Commissioner Klennert Hunt to Adjourn the November 1, 2004 Planning Commission Meeting at 7:23 p.m. All in favor. Motion carried unanimously. Transcribed by: Joan Lenzmeier, Recording Secretary TimeSaver Off Site Secretarial, Inc. Page 5 of 5