Planning & Zoning Commission - Regular Meeting

[clears throat and cough] Good evening everyone. Welcome to the Decal Planning and Zoning Commission uh meeting for this Monday, March 6th, 2026. Could we begin with the protocol, please? Here, here. Sisler here. Wright here. McMahon here. Chair Maxwell here. Form present. Thank you so much. Uh we'll move to the approval of the agenda if there are any additions or deletions. If not, I will ask for a motion to approve. Move by right. May I have a second? Second. Second by McMahon. All in favor say I. I. All oppose. Same sign.

We'll go to the approval of the minutes from February 17th, 2026. Again, if there are any additions or deletions. If not, I will ask for a motion to approve. So moved. Moved by Oclarity. May I have a second? Second. Seconded by Fellow. All in favor say I. I. I. All oppose. Same sign. Uh this is the public participation portion. If there's anyone that has anything that they would like to speak to that is not on the agenda, you may step forward now.

Uh if not, we will move to new business. We have a public hearing a petition by the property owner of 200 St. St. Andrews Drive for approval of a variance to articles 70410 and 7063 and 7064B and 7066 of the unified development ordinance to allow for a new 6ft high privacy fence and detached garage to be constructed in a portion of the front yard along [clears throat] South Point Drive for the property located at 200 St. Andrews Drive. Do we have a presentation? if you could say your name and

Good evening. Um, my name is Sky. I am the Well, me and my husband are the homeowner at 200 St. Andrews Drive. Um, I just wanted to give additional reason for our fist in the garage. A taller fence ensures a secure environment for our children and prevents our dog from jumping over a low barrier. Behind our home is a closed golf course and abandoned warehouse. It worries us. We want the most safety for our children and we don't want to see any harm for um having a sixfoot fence on the side of our home as it is allowed around the other perimeters of our home. Our biggest reason for a six-foot fence is safety and security for our children and our pet. After multiple discussions with the city and looking over the yard and drawings, we have decided to not move for to move forward with our original proposed fence location, but to move forward with the city's recommended location for the fence. We need additional indoor parking because we have collector vehicles, riding lawnmowers, ATV, and other items that should not sit outside and cannot fit in our current garage. We also do not want the front of our home looking cluttered and without the garage. we won't have a choice but to keep our motor vehicles out front because the city does not allow them to sit on the line. We even agree with the city to push the garage back 25 ft from the property line so that we are able to make this happen. Most of our neighbors have three cars attached garages, but for us it would be easier to add a detached garage instead of bothering the structure of our home. For these reasons, we are respectfully requesting approval for installation of a six-foot privacy fence in the detached garage. Thank you. Thank you. We have a staff report.

Uh yes. [clears throat] Um thanks guy. Uh yes. Uh variance requested. Um uh the articles mentioned three relate to the fence. One relates to the detached garage. So the site there is a corner lot South Point Drive in St. Andrews. Uh as you can see they like to the variance regarding the west side of the site. There's a closeup there. Those trees have been removed. This is a site a wider view. This is Gerler Road, St. Mary's School. Um, old convention facility. And they're right at the corner. The town homes, some vacant lots still left on the west side, single family east and south point subdivision. Uh, this is the applicant's original request. They wanted to put a six foot eye fence in the so corner lot. a few of our new members. Uh if you want a six foot eye privacy fence, it's cannot be any closer to the street on a corner lot than the house. So the way we've measured that, you see the west side of the house is kind of on an angle. It's not parallel to South Point Drive, but we just extend this purple line kind of shows the variance line extending straight back to the rear lot line. So any detached or any accessory structure between the house and South Point Drive or privacy fence of that height would be a variance. We do allow 4ft open fences between the house and the street or 3-ft high privacy fence is pretty pretty low. Most people won't do that. So they want a 6' high privacy fence. It's pretty common. Uh as close to 4T and then um attached to the garage here. The detached garage would be 20 foot by 24 foot twocar driveway access straight to South Point Drive would be at the 25 foot building line which is right here

25 ft from the rightway of South Point Drive. The same as is front. This is the front of the garage there. So that's a little over 25 ft away from St. Andrews Drive. Um so the garage was originally proposed a little closer. we suggest to be moved back to at least the 25 ft building line. Uh it's still in the yard uh requires a variance. Our engineer looked at the access to South Point. It's further enough away from St. Anders drivers. No issue. Um there is a path, the old golf cart path uh south of the site goes around the site. Um actually was built partially on this lot down here. There you can see the survey shows the edge. Uh the staff is recommending that the fence be pulled back if approved, still a variance, to southwest corner of the home out to the 25 ft building line and attach the garage here and then continue uh from the garage here to right the edge of the path. This will not encroach over the bike path or the golf cart path, pedestrian path. Uh, in fact, it probably be two and a half ft away roughly for it. And then continue, which is allowed. There's no variance here along the rear yard along the east side. And they're proposing to tie into the lot or the southeast corner of the home at that location and a few gates. So, um, as Sky mentioned, they've agreed to the staff's recommendation. Uh but let me just go through the um so we felt at the proposed location for the um 4 foot high fence that there was no uh hardship or for the variation. The size of this lots very comparable uh to the other lots and the corner lots in the subdivision. In fact, just across

the street, this lot is smaller than this lot. So we felt there's ample room for usable yard area. Um, and even with the fence up front, there's a usable yard area here, too. They could go over here also to gain some, but we didn't think it was appropriate to go that far into the yard, uh, 4T or 5T from the sidewalk, and they've agreed to move it back to the 25 ft building line. Still a variance, though, since it's said front of this purple line. Um, the, uh, fence did some details on that. uh stained with the black iron framing. This is the garage again, 20 by 24 ft. Um it tends to um match the house which is pretty much required be vinyl siding, gable roof, prairie wheat and color. Um, we do require in the UDO already that any accessory structure over 120 ft has to match or be compatible with the home on the lot. So, um, it's a few photos that the applicant provided in the city took. Uh, this is looking south. Uh, you can kind of see the stakes where the corners of the garage will be. That's looking east right at the back there. This is from the front driveway. That's the front of the home. So, they tend to match the color um on that. This is a street view looking south. That's a house here. So, uh it will kind of be just on the side here a little bit as you look south on South Point Drive. This is looking north. South Point Drive. The house is right here.

So this is the exhibit B that staff's recommending which applicants agreed to. Um we just didn't feel there was a variance uh um you know validation or reasoning for the 4 foot or 5 foot from the sidewalk for that variance. Um there was no hardship based on the lot size. there's ample room. Um just a little bit history uh of you's been on the the members been on the commission for a few years. Uh know we get a few of these each summer the corner lots and uh um there's some background. Last year we did approve a variance 428 dresser road 65 privacy fence that was 5t off the sidewalk. That lot was 10,386 ft. lot here is 13,294 square ft larger. Uh and actually the one on dresser we suggested the applicant reduce the variance for that fence which they did before they went to the commission. So, and then we did have a few others in the city last year approved, uh, older lots and a little bit, one was, uh, the house was way far off of Taylor Street for 857 South First Street. And then, of course, well, we had one on 129 Window Place, 10,500T lot that, as you recall, met with a lot of neighborhood resistance. Uh, they were five feet off the sidewalk and they eventually withdrew it. So after that we tried to um you know talk to people and discourage you know too much in a newer lot somewhat uh avoid the fences going up 4t away 5t off the sidewalk unless there's a true hardship something very unique about the property uh trying to discourage those. So, um that's why we suggested the um we're not in favor of what they're

proposing originally with a fence that close to South Point Drive and suggested they bring that back to the building line here. Um, and one way to look at it too, I think it came up before, uh, they could build an addition on the house up to the 25 foot building line, but since it's a detached or accessory structure and the fence, this is how we measure that variance line is [clears throat] this purple line here. So, um, there's ample room for the driveway length. It's the same driveway length as the front of the house and the other homes on the uh, block. Um so the findings of fact for the variances um um so the way the motion was written was denying the fence and approving where the fence location that the staff is requesting which is exhibit B. Um we feel that the garage is at a location that's u meets a 25 ft setback. if they go any further back to the east and meet this variance line, it'll conflict with the deck. So, we thought that was a reasonable distance back uh for the detached garage. And as you can see, the it's open space to the south. We got the street. Um, and it's, you know, as you go further south, it's just more open with feature town homes, commercial, non-residential uses, open space here. So, there's really not an impact to a neighboring property of the south. Um, so we looked at that also. Um so we think the with the findings of fact that were presented uh the motion is to deny what the exhibit A which is the applicant's request and approve this exhibit B the staff's recommendation which the applicants

agree to. So uh we did get some comments from neighbors. Let's go through those. We an email from Kurt Cole Welter of 3723 Green Tree Lane. Uh Green Tree Villas, that's just to the west uh right here. Noted some concerns. Had some questions um regarding the um not so much the fence, but the garage and some drainage issues. So, I responded. That was in your background materials. Um, we also received a letter from several nearby residents. It was anonymous. There was no signature, so I don't know how many that was or where they lived. I assume nearby. Uh, they had concerns about um various things and questions uh more related aesthetics, property value, noise, and traffic concerns. Um, after the agenda was posted, we received an email from uh Donald Craig or that should be in your background material too. Uh, concerned about the request and the copy is provided in your background materials. Since the posting, we did receive a email from the neighbor directly east at 204. Carrie and John Autumn 204 St. Andrews um with several questions objecting to it and then uh over the weekend from Shelley Peterson said lives at the end of the block. Objection to the fence and garage detract from the neighborhood is few comments related to the um I guess some um statements about vehicles in the past being parked on the driveway. number of vehicles, a trailer

on the side of the house on the grass, parked over the sidewalk. Um, and the applicant um has mentioned um you know, with additional garage, that's why they'll put the additional cars that they own and equipment in that garage so they're not out in the street in the driveway. And I know to the residents if a car is parked over the sidewalk to contact police. That's a state law. they'll respond if they think there's a [clears throat] illegal homebased business, auto repair, we'll send inspector out and the applicant knows you can't have homebased auto repair business. So, um, some of the comments were related to that and I guess it's a character of the neighborhood with the fence that close to the South Point Drive, but, uh, we're recommending and the applicant agrees again at this exhibit B that has it at the 25 ft building line. So, [snorts] uh, the sample motion is prepared again, denies the applicant's original request and approves pretty much exhibit B that you're seeing up on the screen.

Okay. Thank you, Dan. Uh, is there anyone else that would like to speak to this? [clears throat] If so, you're welcome to come forward and state your name. If not, I'll close the public hearing and open it up to comments and questions from the commission.

Um, you all feel comfortable with the [snorts] compromise that [clears throat] the city offered? Seemed like fair. Okay. Still going. Okay. Sounds good. That was Yeah, I I would agree. I mean, [clears throat] I I I definitely feel like just knowing that area, the first was an overreach, but this seems like a good compromise. Yeah. Okay. Will the Will the trailer find a home in this garage or? Yeah, that would be purpose. Okay, Sky, if you could come up the podium and the mic and this any response so we can get that on video. I'll ask it again. Yeah. Thanks. Is the trailer going to be in the garage?

Yes, that'll be the purpose of the garage for, you know, the other cars that we have also. So, like I said, everything is not just cluttered in the front of our home [clears throat] as our neighbors was concerned and also definitely not a homebased business. We just want, you know, to be comfortable in our home. So, yeah. Okay. Any other questions? If not, I will ask for a motion to approve. And Dan, it can be read as as is. Yes. Uhu. A little long, but does uh I'll do it. Exhibit B pretty much. I don't think we know how to read this. [laughter]

I'll do it.

Okay. Based on the submitted petition, testimony presented, and findings of fact, I move the planning and zoning commission deny a variance to articles 7.06.3, 7.06, 06.4B and 7.06.6 of the unified development ordinance for a new 6 foot high privacy fence to be constructed in a portion of the front yard and a and 4 feet from the property line along South Point Drive for the subject property located at 200 St. Andrews Drive per exhibit A of the staff report dated February 26, 2026. I move the commission approve the privacy fence at a location in a portion of the front yard and 25 ft from the property line along the variance along South Point Drive per exhibit B of the staff report. I also move the commission to approve a variance to article 7.0410, [clears throat] excuse me, 7.04.10 10 of the UDO to allow a 20x 24 foot detached garage to be constructed along a portion of the front yard and 25 ft from the property line along South Point Drive for the subject property per exhibit B of the staff report dated February 26, 2026 per the fence detail and garage elevations made part of exhibit B and contingent upon the fence. ments not encroaching on the pedestrian path along the southern portion of the subject site.

So moved by a flarity. May I have a second? Second. Seconded by McMahon. Could I have a roll call, please? Fellow, yes. Flare, yes. Wright, yes. McMahon, yes. Sistler, yes. Chair Maxwell, yes. Motion passes. Thank you very much. [clears throat] Thank you. Do we have a staff report for the next meeting? Thank you.

Yes. Uh briefly, um next meeting March 16th, we have no public hearings. So, um if no other agenda items come up, we'll cancel that. We'll do that the Thursday before. If we do cancel, you get an email. And uh the council at their last meeting did approve those amendments to article 11 grinding flood planes. So, those are approved last meeting. That's all. Okay. Okay. Thank you very much. Uh if nobody has anything else, I'll ask for a motion to adjurnn. So move. So move by right. May I have a second? Second. Seconded by McMahon. All in favor say I. I. All oppose. Same side. But everybody's going to leave me hanging there for a minute. [snorts]