Planning & Zoning Commission - Regular Meeting

order. Will staff please call the role. Commissioner here. Commissioner here. Commissioner Jones here. Commissioner Olson here. Rubble here. And chairman here. Uh can we have approval of the minutes from the December 8th, 2025 meeting? Second staff, please call the role. Commissioner Jones, yes. Commissioner, yes. Commissioner Boske, yes. Commissioner Gaza, yes. Commissioner Olsen, yes.

Commissioner Rubal, yes. And Chairman, yes.

Well, good evening everyone in the audience. And uh for those uh watching online, welcome to the first meeting of the Planning and Zoning Commission of 2026. Um tonight we're going to be hearing one petition 29-24. Um and uh before we go into the agenda agenda, the um role of the commission um is an advisory and recommending body to city council. Um the commission will review development proposals and determine whether a proposal meets the applicable standard of review. So the process we're going to adhere to um tonight and that we adhere to at every meeting is that we will first hear from city staff followed by questions the commission has for for staff. We will then invite the applicant to come forward um provide a brief overview of the proposal and then the commission will ask questions to the applicant and then after that we will open the hearing to the public for questions and comments. Um, and if there's public comments, please come forward, state your name and spell it and provide your address and address the commission with your comments and um, we will keep notes on those questions. Uh, concerns raised and then city staff and the applicant will have the opportunity to address those questions. Um, at this time uh, well after after that the commission will then deliberate, vote and pass its recommendations to city council. So at this time we will move ahead with the agenda and those of you or um those of you that wish to speak tonight should uh stand and take the oath from the court reporter. All right, we will look to uh staff to kick it off with petition 29-24.

Thank good. Um so the first petition tonight uh is the by Crystal Enterprises LLC as the applicant and property owner requesting variations from section 19.12.600 600 obstructions in yards pursuant to section 1912800 authorized site design variations to construct a refuge collection area enclosure in the streety yard east of the existing building approximately 3 ft from the east property line at the property commonly known as 1055 Dundee Avenue. We'll start with the general location of the property. This is a a triangularly shaped property that's approximately 6,200 square f feet in area uh outlined in yellow on the screen. Property is zone AB area business district and it's also subject to the Ark Arterial Road Corridor Overlay District. It is the property is located between Dundee Avenue and Liberty Street just south of Congden Avenue. Dundy Avenue on on this stretch is southbound only and Liberty Street is northbound only. And the property also has frontage along Keith Avenue on the south. As you can see, all surrounding properties have the same red shade, so they are all uh zone the same AB area business district. The propertyy's improved with one-story commercial building that's approximately 900 square ft in area. Uh the property is home to Beef Villa Restaurant. As you can see, there's a parking lot south of the building that includes 12 parking

spaces. The parking lot has full access to Dundee Avenue on the west and then full access to Liberty Street on the east. There's also a paved vehicle use area on the north side of the building, although no designated parking spaces exist on the north side. Um that that vehicle use area on the north side of the building also has two access driveways. One full access driveway to Dundee and then another one uh to Liberty Street. Here are a couple photographs of the existing restaurant building. So, the property owner is requesting zoning variations to keep the existing refuge collection area in the streetyard east of the building and to construct a 6ft high masonry wall with wood gates around it. Per the zoning ordinance, a refuge collection area is only allowed in the rear yard on a property. And this property is unique in that it does not have a rear yard. The property only has street yards. uh on the west, east, and south sides all along the the adjacent roadways. The zoning ordinance also requires that a refuge collection area have a an 6 foot high enclosure, masonry enclosure that matches the masonry on the building. Um, however, in the streetard where the the existing dumpsters are located, only a 4ft high open design fence or a 3-ft high solid wall is allowed by right. So, the applicant is proposing to construct a 6-ft high splitface uh CMU block masonry wall that would be painted light gray color to match the exterior of the building.

to minimize and then there would be wood gates facing Liberty Street as you can see on the bottom bottom drawing. To minimize the impact of the refuge collection area in the streetard, the applicant would install landscaping on the south side of the dumpster enclosure. There would be three new 6ft high evergreen trees and then a few shrubs. And then in addition, the applicant would install uh more landscaping at the top of the property of the at the triangle uh simply to beautify the the the building and enhance the appearance of the property from the street. The requested variations have to satisfy the standards for variations. Uh we provided our overview of the standards in the packet and staff believes that all applicable standards are satisfied. Um staff recommends approval subject to the conditions outlined in the packet. Again, this is a uh request for variations. So, the planning and zoning commission is the determining body. So, a motion will be to approve or deny and not to recommend to the city council. So, with that, I'm happy to answer any questions. And the applicant's team is here as well.

All right. Uh questions for city staff. We'll start uh with Commissioner Rubble. No questions. Commissioner Buske, no questions. Commissioner Jones.

Yeah. Deir, how did this come to be on the agenda? I think they've been operating for what, 50 over 50 years with the garbage wellmaintained there in the sideyard. How did it come to be? So, the city has, I would say, in the last few years, um, has done a better job of trying to enforce uh, some of these things that kind of popped up over the years unlawfully. Uh, these dumpsters have been here for many years, many, many years. Um, however, they've never been lawfully allowed. and and so we have number of these types of properties where there are dumpsters on commercial properties but they do not have an enclosure a 6 foot high an enclosure that's required by code so that's how it came about um I believe one of our code enforcement officers noticed that there is a a dumpster without enclosures and those are required and it turns out that these are in the streetard there was some long discussions about what can be done can they move can they be moved to the south side of the building um you know it would take up some parking spaces and and uh ultimately it was determined that the best location would be in the existing location but it would have to go through the variance process.

Um do we have the option of just saying that that's okay to have your dumpsters there? They are this is a a local um very close to my home. I guess there's never they never appear to be dirty. They are more wellkept than a lot of dumpsters I've seen in enclosures. Uh you know if there's an issue because it seems a little excessive. Understood. For that small little tiny area.

Yeah. Understood. Unfortunately there there's nothing that administratively we can do when when things have been established without proper approval that they have to obtain proper approval. And admittedly, years will come by uh before some of these things have brought to light and and enforcement is sought and and we work with the property owners to get the enforcement in place. But unless it's a lawful non-conforming condition, um it has to be brought in conformance and and by issuing a variance for this then it would be brought in conformance.

Help me understand how it is not a law for conforming. So, it's fairly complicated, but there's two elements to it. It has to be lawfully established, meaning that we would have to issue a permit or some type of approval the city would have to grant for something like this. So, this I believe something like what like establishment of a dumpster location. So, but like over the course of 50 years at what point would that have happened? At the time of the building construction or sometime later. A lot of times people that back in the day when this was constructed they probably did not think about dumpsters. So we don't it could be lawfully important. Well

if it was at that time of establishment. Well we looked into it and there was no record that yeah there was no record that at the time of the building construction dumpster were were located on the plans and thereby the city approving the permit the dumpsters were then lawfully established. We couldn't prove that and the applicant was not able to to do the same. Um, and it's not uncommon. It's fairly common that things were done differently back in the day. And, uh, you know, we're trying to make things better. And, uh, this is a very highly visible location. And I think with some of the enclosure, um, it's it's going to obviously make some impact and be a little better,

make an improvement. Um, and then, you know, I drove by just to see them and see the area. What has the Elgen What has the city invested in that area, the roadways, the when we're talking about that specific location, it looks very nice in comparison. Yeah. So, the city the city doesn't own

I don't believe many properties along this area. So, so private properties are out of our control, but certainly the roadways are within our our purview. So, there currently there's obviously uh reconstruction of Dundy Avenue, which is good. Uh in the past the city has done uh streetscape improvements at the far north end of Dundee Avenue. As you get off of a a highway, there's a median in the middle of the street. So So really the city's ability to beautify the streetscape is through landscaping, street lights, perhaps different types of pavement, you know, brick sidewalks or things like that. Um and so those those opportunities are very limited. It's it's the it's the private properties that have a a much larger impact on the appearance of a corridor. That's what led to the arterial road corridor overlay district that affects all properties along arterials back in the 2000s. Um and so it's a it's a slow but steady progress, one property at a time.

Okay. Um and then just well I guess I have two questions. Um we have uh voted to do a similar enclosure like this in the past and I circled by it. Their solution was to use um brick style paneling, sheet paneling on a frame to uh meet the requirements. Does it have to be a masonry enclosure? Can it be uh you know are are there any other options available to that?

Well the code requires it to be masonry uh for the commercial properties. So if the code specifically says masonry to to match the building. So in this case building is primarily ephus and so a uh some type of a CMU block that is probably the most appropriate. I mean, one could go further and put plaster, you know, stuck over that CMU block, but that seemed a little bit too much. And I think this having a CMU block on the exterior that's just sort of painted to match the building is a is a good compromise. And I think it's it's a it will have the same effect.

And then just uh and I don't know if if you'll know this, I I feel like I've seen that the central area tiff extends down that way too, right? And I don't I don't believe it goes this far north. I think it goes almost to the I90 uh ramp there. But I I just wondered then um this feels punitive to me when we circle back to a longtime business that has been successful and maintained and you know I guess so that's where I'm coming from on this. Um but I wondered if that had been explored at all if there was any tiff funds. Well tiff funds could not be used for this. Uh, TIFF funds can only be used for public improvements.

Um, there were TIFF allocations to property improvements in the past on individually owned profit properties for facade improvement and different things like that. Um, yeah, those are different elements. Those are grant or those there were different programs that city has done. uh facade improvements, you know, simple grants. And that's I guess the TIFF is no longer uh has none of those kind of grant programs. Is that anything to

We do have I believe we still have the commercial um it it was specific to the downtown area where we had a grant program for facade improvements in the downtown area. Again, this would not be a facade improvement, but nonetheless, it did not extend this far north, and the tiff funds cannot be used for this type of improvement. Thank you very much. You're welcome. Uh, Commissioner Wallally, I appreciate the clarification and the question because I was definitely curious about the same thing. So, no additional questions. Commissioner Olsson, no questions. Thank you, Commissioner Gasco. No questions.

Um, I have just one question kind of piggybacking off of Commissioner Jones. Um, so if if a code enforcement officer noticed this, are I guess I I don't want to, you know, notice this property and then have another property in another area that is then just kind of going by without um, you know, having to do some type of um, improvement. So, how can we how can we make sure that that doesn't happen so that we're, you know, applying a code enforcement to one business while letting other businesses go on without

as projects come in front of you, you will note that um it's it's a standard today to require of new developments to show us, you know, a refuge collection area that's that's enclosed with masonry. That's fairly standard today, but it wasn't back in the day. Uh you may recall the property right across the street to the west is a multi-tenant building where there was a car wash.

They had the same circumstance. They had a dumpster that sort of appeared over the years and it was kind of tucked in the back. Nobody saw it or anything, but they had to put up a a wall enclosure around that. And so it's a a slow process and we certainly try to make as many properties as possible with any opportunity u to to have those things corrected. And so as things come up, we will try to cross the bridge. Uh invite the applicant to come forward.

Uh good evening, Mr. Chairman, commissioners. My name is Scott Richmond. Uh I am the attorney for Crystal Enterprises. I'm here today with Scott Evansson, the owner of Crystal Enterprises in Beef Villa. Um, welcome to the newest dumpster enclosure in Elgen. I don't I don't have [laughter] a lot to add. The city uh issued a citation. Um, there were discussions about going to war on that. Um, this is a less expensive alternative. Uh, even though it's it's not inexpensive. Um, I think your question is is directly on point. Um, this building has been here for 50 plus years. Um, but the city is is uh there isn't a record of a dumpster being approved at any time. It's just been there. Um, so what you have in front of you is the dumpster enclosure. Um, the cinder block was uh a compromise instead of a a stucco or ephus uh type solution. Um, and the fire department, I think, uh, raised the issue of wanting it double brick on the backside because it's close to the building and if there were to be a fire in the dumpsters, uh, nobody wants the building to and that could to catch fire. So, this gives it a little bit of extra uh, protection. Um, the plans are pretty pretty simple and straightforward. So, uh, certainly open to to any questions you may have. Sounds good. Um, I'll start uh on my right with Commissioner Gaska.

I have no questions. Commission Commissioner Olsson. Uh, no questions. Just a comment. I That was my first job working at Bville right there. Um, but yeah, I think it's it is kind of a shame, too, just because that's normally where employees park and that is taking up extra spaces now that would normally be for customers. So, that is kind of a shame as well. But, um, no questions. Thank you, Commissioner Wallally. No questions. Commissioner Jones. I I don't think I have any questions for you. There would be more comments. Thank you, Commissioner Boske. No questions. Commissioner Ruple, no questions. And I don't have any questions.

All right. So, we don't have anyone on the signage sheet. Is there any uh we'll now open the um petition up to public comment. Is there any public that wishes to comment? All right. Seeing none, we will close the public comment portion and look to city staff um for um any further comments. Nothing further to add. Staff believes applicable standards are satis satisfied and staff recommends approval subject to conditions.

And um as for clarification, this you know since this is the final um final decision with the commission. So if we vote yes, it's approved. But if we if we vote no, there's still a um like they there's still a violation and they would they would still need to construct a like

well they would have they have the option of keeping it inside uh as some businesses do. But that is a more of a challenging solution because then uh the fire code requires the area wherever it is inside to be fire protected and the building is not sprinklered or a masonry building. So that would probably be a lot more uh costly.

Okay. Thank you for the clarification. All right. Um with that um I will uh accept a motion for um petition uh 29-24. I move to approve petition number 29-24 subject to the conditions outlined within our packet and to adopt as the findings of commissions those findings also within our packet. There second staff please call the role. Commissioner Abuali yes. Commissioner Olsen. Yes. Commissioner Boske. Yes. Commissioner Gaska.

Yes. Commissioner Jones, no. Commissioner Rubble, yes. And Chairman Wildermouth, no. The motion is approved. Five votes in favor of a two against. Uh, yeah, Commissioner Jones.

I I just feel in my heart that a business that has been there for 55 years, we should be thankful and appreciative. I I'm not sure that Elgen is giving sometimes as much as uh the the stress and the strain that this causes a small business in town. Thank you.

Yeah. Um I'll comment as well. Thank you, Commissioner Jones. Um you know, I I agree. I I I understand uh with code enforcement what's trying to be done. I just I don't a I I just don't necessarily agree with um with how I understand things need to come into conformity. Um but um I just don't necessarily agree with how we're going about it, but appreciate all of the comments and the time and the applicant willing to come forward and u make the presentation. Um one last comment, my vote yes is not saying I don't completely agree with you guys 100%, but they're here and they you know applied for this approval. So, it's the best solution in this case.

All right. Um, with that, uh, thank you to the applicant. City, uh, staff will be in contact. Appreciate you, um, coming tonight and all your work. And so, you can continue working with city staff on this.

Uh, we will move on to other business. None. Uh we will now move on to public comment. Seeing none, um summary of pending development applications.

Thank you, Chairman Wildermouth. Uh let's see. So, the Temple project at 890 G Boulevard is scheduled for the review by the city council next Wednesday, January 14th. And then the next planning and zoning commission meeting will be fairly busy. We'll probably have three or four items on there. One of those will be uh the new elementary school uh at 850 North Grove and then probably two other smaller bigger projects. We'll see which ones are ready by that time. Um yeah, I think that's that's probably it unless there's some questions.

I had originally seen the temple project scheduled for the end of January. It's been moved up. Correct. There was some consideration that it would go depending on everything else that's scheduled as city council. It appears that the items that also need to be considered and discussed will be scheduled on the 28th and uh powers to be did not want to schedule everything in the same meeting. So that item was moved up to the 14th. All right. Uh, we'll have a motion to adjourn.

So moved. Second. Second. Staff, call the roll, please. Commissioner Jones, yes. Commissioner Abali, yes. Commissioner Bosque, yes. Commissioner Aaska, yes. Commissioner Olsen, yes. Commissioner Rubble, yes. And chairman of

Yes. Motion's approved. What you're [music] [music] [music]