Planning & Zoning - Regular Meeting

as dictated by law. The commission may only consider evidence about the case as it relates to existing law. The commission cannot make or change planning or zoning laws, regulations, policies, or guidelines. I'd like to note that there are five commissioners present. Commissioners Rubble and Hunter absent. The next item on the agenda is consideration of the minutes from the Planning and Zoning Commission meeting held December 11th, 2025. Are there any additions or corrections? The chair calls for a motion to approve the minutes of the December 11, 2025 planning and zone zoning commission meeting.

Motion moved by Commissioner St, seconded by Commissioner Escu. Have a motion and a second. Is there any discussion? There'll be no further discussion. We will now vote. Are there any abstensions or nay votes? Abstain. Please cast your vote.

Please record the vote. With one member abstaining and all others present voting I. Okay, the motion carries.

Before we get into the public hearing for tonight, we need to elect officers for 2026. The two positions that we will be electing are the chair and vice chair. The community development director acts as our secretary. We are now going to elect a temporary presiding officer. The floor is now open for nominations for the position of vice chairperson. It is permissible to nominate yourself if you wish. Any nominations for vice chair? Nomination

nomination made by Commissioner Ston or Commissioner Peterson. Any other nominations?

No, I think we're good. There being none, I call for a motion to close nominations. Moved by Commissioner, second by by Commissioner Pocheek. [snorts] Nomination is now closed for vice chair. All voting in favor for Commissioner Hutcherson to be vice chair. Please cast your vote.

Congratulations. We will now call for I'm I'm completely doing this out of order I think but uh now call for a um nomination for position of chairperson again is permissible to nominate yourself.

Nominate nomination for an Rubble nominate uh commissioner We got a nomination for Ann Rubble and for myself. Any other nominations?

Secret ballots. No. Now the nominees for the position of chairperson are now closed and they are Commissioner Rubble and Commissioner Beamer. We will vote first for Commissioner Rubble. All those in favor of Commissioner Ruble, please cast your vote. All those in favor of Commissioner Beamer, please cast your vote. Yes. Yeah. Three to two.

Oh, I I'm going to get four. So, okay. Commissioner Beamer will remain as chairperson for planning and zoning. [clears throat] Congratulations. [laughter] Okay. Well, that was interesting.

Leaison's next, Mr. Beamer. Yep. Uh, the planning and zoning commission provides liaison to a couple of sister groups, the old Yellowstone district advisory committee and the historic preservation. Historic preservation's no longer. That's what I thought. It's just the o now. We'll be asking for two volunteers to serve on the um old Yellowstone district advisory comm. I have a question. Yes. I don't see why not. Yes. [laughter] As chairperson, I'm going to give you the authority to do so.

Uh, the LY committee usually meets the fourth Monday of every month at 4 p.m. at various locations around the LI. May I get two volunteers to serve? All right. Commissioner Hunter and weren't you also on it, Commissioner St? Yes. Would you like to continue serving

in the facet that I I in doing that? I think the purpose of having two is in case one can't make it, the other one would go. I went at times when we're both there certain with that clarity. I I will do something. Perfect. That's enough clarity for me.

So, we've got Commissioner Hunter and Commissioner Ston to serve on the OID committee. Next will be the scheduled public hearings. Before we get started, just reminder to all this evening's applicants that it takes four affirmative votes to pass any item regardless of the number of commissioners present. If any applicant would like to postpone their case in anticipation of the possibility of more commissioners being present next month, then I would ask you to speak up and your case is announced. Case number one. The case tonight will be CUP983-2026. Request for conditional use permit for an oversized garage edition located at 2100 South Cedar Community Park. Block 24, lot 1 through8 and the vacated alley and block 24 portion of lot one, block 38, community park edition number two. Applicant is Kirsten Tafty. Is the applicant or the represent representative present and do you wish to proceed?

Yes. Very good. I'll call you up in just a second. Can we please get stash report at this time?

Thank you, Mr. Chairman. The planning and zoning commission has requce received a request for a conditional use permit for 2100 South Cedar Street to allow for the construction of a detached garage addition with a maximum of 20 foot of wall height in excess of the 12T limit. in order to ac and order to accommodate a 14 foot high um RV garage door. The subject property is located at the southwest corner of West 21st Street and South Cedar Street and is owned R2 one unit residential. There's an existing 848 ft detached garage on the property and the applicant plans to construct a 384 square foot addition to the garage. Building heights are measured at the main entrance of the structure and the proposed garage edition will have a shed or a sloped roof. So, the front wall varies between 16 feet and 20 ft in height. Staff found no record of similar conditional use permits for garages taller than 12 feet in height within 300 ft of the subject property. And if the conditional use permit is approved, the applicant will have one year to exercise the permit. Uh staff did not provide any recommended conditions. There were no public comments and I have five exhibits. A is the application documents for the conditional use permit. B public notice sent to the property owners. C legal notice sent to the star tribune. D photo of the public notice signed on the property. And E memo to the chairperson and members of the planning and zoning commission. Be happy to answer any questions.

Craig and the exhibits are noted. Does anyone on the commission have any preliminary questions for staff about the report? Next, I would ask the applicant to come forward to the microphone, state your name and address for the record and explain your application to the commission. You have do you have anything to add other than what Craig's already mentioned to us?

Okay. Any commissioner have any questions for Mr. Kendall? Commissioner uh and what's the height of the existing house that's there? lowest point on the point.

Okay. So, this would garage would not be higher than the existing structure. There's a way we read that. Thank you very much. Anybody else? Thank you, Mr. Kendall. I don't see anybody in the audience to come forward on either support or against this proposal. So, I hereby close the public comment portion. We call for a motion to approve. Approve with conditions. Deny table postpone to a date certain discussion will occur after there's a motion and a second. I note that the planning and zoning commission considered all the relevant factors including the guidelines set forth in section 1712.240 240 that the conditional title will not sub substantially impair the appropriate use of property and will serve the public need convenience and wealth additional use designed to be compatible with adjacent land uses in the area of its location. On this basis, I move to approve.

We have a second. Seconded by Commissioner Blot and a second. Is there any discussion? Are there any abstensions or nay votes? Please cast your vote. Please record the vote. With all members voting I, the motion carries. Your uh conditional use permit has been approved. I'm sure Craig will be in touch with any next steps you need to comply with.

Thank you. We need to vote for the ratification of the appointment of a hearing officer. Can staff please provide a brief report? Profile. [clears throat] [snorts]

[snorts]

Thank you, Craig. Anybody on the commission have any questions? The chair calls for a motion to approve the ratification of the appointment of a hearing officer. Discussion will occur after there is a motion and a second.

We have a motion to approve and a second. Have a motion and a second. Is there any discussion? There being no further discussion, any abstensions or nay votes, please cast your vote. Please record your vote. With all members voting I. The motion carries. Rification of the appointment of a hearing officer has been approved.

Mr. Chairman, I just want to see if anybody had any questions about that process. We've never really done this before since I've been here. It's kind of rare and uh we've got Eric here that can kind of explain how how it works if if you like. How did you pick an arbitrator?

So, Mr. Chairman, um, commissioners, so [clears throat] he would be the hearing examiner and the ultimate, uh, decision-making authority, still resides with you all. Um, he's an attorney and he he's done a lot of these. He serves as a court commissioner, handles title 25 um, hearings and and has actually served as a hearing [clears throat] examiner for the city and a couple other matters. And so his his role will be essentially to um handle the process um the appeal hearing um and to draft any orders that that come afterwards. Um so again, you all still retain the authority to to rule however you deem appropriate. Um he's a really as resource and a guide for you all because my office will be representing staff in the city and so we can't serve in both capacities. And so, yeah, the short answer, we picked him because he's got a lot of experience doing this.

It it's going to look much different than a regular uh planning commission meeting. It's going to be much more akin to a uh court proceeding with probably swearing in and witnesses and all that kind of stuff. So, I just kind of want to give you an idea of what it was going to be like before we actually show up to the meeting. So, yeah. And and again, um Mr. and I will do all the swearing of witnesses and really shepherd that process. Um, and obviously if you have any legal questions and he'll be able to advise you as well. Any other questions? You've never done one of these in your career, Craig?

I have not, but um I believe Mr. St has with the building side of things appeal board. Have you done that before? It's not as formal as

this will occur. How many cases? Uh we have one on the agenda, one regular case and then the appeal. Okay. Thank you. [clears throat] Chair calls for any communication from the commission. Anybody on the commission have anything for us? How about from the uh city planner? Nothing.

Council liaison is not here. How about the oid liaison? Nothing. I don't see anybody else present to share anything with us. The final agenda on the item is adjournment. The next meeting of the planning and zoning commission is scheduled for Thursday, March 12th, 2026 at 6 PM. There be no further business to conduct. Hereby call for a motion to adjourn.

By Commissioner Pochek, second by Commissioner SQ. Any discussion? Please record the vote with all members voting I. Motion carries. Motion adjourned at 6:19 p.m. I also wanted to mention I forgot that the uh council leaison this year is going to be Mike Mintosh again.