Planning Commission - Regular Meeting

I'm going to call the meeting of the Elko County Planning Commission to order for April 16th. If you would please rise with me as we honor our country with the Pledge of Allegiance. Thank you. I'm going to mention real quick the... Scott, can you mute your microphone, please?

The conditional use permit application CUP 26-003 for Thane Church has been withdrawn. So I just wanted to let you know if there was somebody here that was there for that specifically. That application has been withdrawn. This time is pursuant to NRS 241. This time is devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified to be an action item. This is for anything that isn't on our agenda tonight. If

To approve the minutes from the March 19th meeting as written.

All right. Dina has made a motion to approve the March 19th meeting minutes, and Naomi has seconded that.

Aye. Thank you, Scott. Thanks for joining us, Scott, by the way. Where are you at? Let's see here.

Sorry, I'm down in Hawthorne at a health fair, so it's wrapping up. That's why all the noise.

All right, no worries. Thank you. I'm in favor. Motion carries. He's not in Vegas.

Okay, we're going to move into preliminary hearings. We have application COZ-26-1. Jimmy and Kelly Faulkner. Corey.

We're gonna move on to public hearings. We, let's see, that's withdrawn. We're going to move on to application COZ26-002, Lincoln Development LLC. Corey.

Okay. Any questions of query from commissioners? Corey what's the name of the? So this is actually getting over on to the west side of the summit That that very northern west parcel there does cross over the top of what you can consider the summit But it's not accessible

At this point, they're planning to use Carvel? Carvel and Buffside. and then go up over the top across Tower Road.

Reasonable so I'm happy to answer any questions Okay, any questions about just have one once once they've been broken down into ten acre lots Does that take into account the easements do they break are the easements included in the ten acres which brings them down below ten?

Okay. All right. Thank you, Bob. Is there anyone that would like to speak on this? Please come forward and sign in for me and state your name for the record.

Thank you. Were you aware of that, Corey? That they were looking to lock that access down?

Yeah. All right. Okay, anyone else wishing to speak on this application? All right. Any comments?

I have a couple questions. So Tower Road, does that come from the highway? And goes up? So they would block that whole space? I assume they'd have only access from Carvel.

The problem with Tower Road is there's no decel or acceleration lane in there. And so if you're trying to make a left-hand turn onto that road, somebody's going to rear-end you coming over the summit.

Yeah. So would the gate just be at the highway?

I had one. Would that be a condition we could put on there to lock that gate? Or is that just up to NDOT? No, that would be up to NDOT. That's just up to NDOT, OK.

I'll make a motion, Mark. I'll make a motion to approve application number COZ 236002, Link and Development, LLC, for a change of zoning from open space to special lands. And... must contain staff's recommendations, findings, and conditions, and Spring Creek Association's letter. Can we do that?

I'll second We have a motion from Dina to approve this application with steps recommendations conditions and findings and Naomi has seconded that All those in favor of the motion hand please signify by saying aye aye aye aye aye Aye. Opposed, same sign. I'm in favor, motion carries.

Application COZ 26-004, Nevada Southwest Energy LLC. Corey.

Mr. Thorpe, can you please mute your microphone?

Okay. Questions of query on staff report?

The correspondence from the fire department, are you going to want to include that in your recommendations?

Corey, so normally I can see more of who's on Zoom on here, but I don't see anybody.

Well, people pop up occasionally, but there we go.

There we go. There's Scott in the wind. You're in the wind, Scott.

Okay. Is there anyone here that would like to represent this application? Okay, anyone here that would like to speak on this application? We will move on then. Can I get a motion from... It's your night to shine, dear.

It's my hat tonight. I'll make a motion, Mr. Chairman, to approve application number COZ 26-004 Southwest Energy LLC Nevada Southwest Energy LLC. Subject to staff's recommendations, conditions, and findings, along with the recommendations from the fire department as noted on page six and seven of their report.

All right, we have a motion from Commissioner Hartley to approve this application with staff's recommendations, conditions, and findings. And Commissioner Jefferson has seconded that. Any further discussion on the motion? All those in favor of the motion, please signify by saying aye.

Aye. Opposed, same sign. I'm in favor. Motion carries. Application CUP 26-006, Society for the Preservation of Western Heritage.

So I did. CUP 26-005, Nevada Southwest Energy. Corey.

Yep. Okay. Any questions of Corey on this? This is just the conditional use permit to allow for the use that's going to be taking place there in the new zoning.

Chair, I have a question. I'm just sort of curious because we talked about this quite a bit with the applicant's previous conditional use permit. Is there any complaints, Corey, about activity out there at this facility?

NEW SPEAKER THANK YOU SCOTT. IS THERE ANYONE THAT WOULD LIKE TO SPEAK ON THIS? DO I HAVE A COMMISSIONER THAT WOULD LIKE TO MAKE A MOTION?

I will make a motion, Mr. Chairman, my last motion of the evening, that we approve application number CUP26-005 for a conditional use permit to, I forgot them already. To the applicant, adhering to staff's recommendations, findings, and conditions, and the conditions of the fire department's report, page 7 of 9 in staff's report, and also page 8 of 9 in staff's report.

All right, we have a motion to approve CUP 26005 from Commissioner Hartley, and a second from Commissioner Rosch. Any further discussion on the motion? All those in favor of the motion, please signify by saying aye.

Opposed, same sign. I'm in favor, motion carries. All right, now application CUP 26-006, Society for the Preservation of Western Heritage.

Go ahead. Why, excuse me, Corey, but why is this particular applicant receiving Item number B, why are you taking it out?

I'll let Mr. Valtari speak. Corey, how did the two fire hydrants come into play?

Just so once they're sold, the approved permit from before is still going to be in the... Sellers.

Okay, I'm gonna open it up to Commissioner comments or a motion I

I will make a motion to approve CUP 26-006 with all staff's findings, recommendations, and conditions. Anything else?

Okay, we have a motion from . Hang on, Scott. We have a motion from Commissioner Roche and a second from Commissioner Gavorski. Any further discussion on the motion? All those in favor of the motion, please signify by saying aye.

Opposed, same sign. I'm in favor. Motion carries. We are going to move on to application VAR 26-001, Milo Karchner.

Okay. Any questions of Corey? Okay. Is there anyone here that would like to speak on this? Okay. All right, do we have a motion?

I'll make a motion. You said that you had done your last one. It's Jake's turn.

I'm a woman, I can change my mind. I'm exhausted after this meeting.

I'll make a motion to approve application number VAR26-001 for Milo Jean Karchner with staff's recommendations, findings, and conditions.

All right, we have a motion to approve from Commissioner Hartley. And a second from Commissioner Jefferson to approve the application via error 26001. Any further discussion? All those in favor of the motion, please signify by saying aye. Aye. Opposed?

Got that. Any opposed? Same sign. I'm in favor. Motion carries. Thank you, Paul. Thank you, Paul. We are going to move on to application VAR 26-002, Logan and Andrea Heitz. Corey.

Okay. Any questions of query? I've got one That may or may not apply in this exact situation, but my understanding on these smaller Sheds and buildings is that if they're not permanently affixed That is that is planning and zoning point of view apparently there's a little bit of difference between what planning and zoning and building and safety and

Really I believe the minimums to are the maximums 200 square feet right for our building permit for our yeah So if they're over if they're over that size so these would fall within that Unpermitted size restriction yeah, that's true because they're 12 by 12.

I think we all need to get on the same page on this.

Maybe we need to take the first step in drafting some sort of resolution to get this clarified.

So technically, if we get this cleaned up for that gazebo, the variance would need to be in place? Yes. but the shed maybe wouldn't need to be, but we're dealing with it all at once here, so let's see what we can do.

Okay. Thank you. Is there anyone else that would like to speak on this?

Corey, I have a question for you. Is the setback for accessory buildings the same as the setbacks for permanent in the county?

Chair I'll make a motion to approve var 2600 to with all staffs recommendations findings and conditions second All right, we have a motion for approving this application var 2600 to by Commissioner Jefferson and seconded by Commissioner Hartley I Any further discussion on this? All those in favor of the motion at hand, please signify by saying aye.

Opposed, same sign. I'm in favor, motion carries. We're going to move on to... There's a lot of public hearings, but we're getting through them. Yeah. We had a full agenda.

Application ROWVAC 26002, Gary Sampley. Corey.

Okay. Is this one of those that goes to the commissioners for final approval?

And there is nobody else adjacent to this that's going to be negative?

Is there anyone that would like to speak on this application I?

I guess better too wide than too narrow.

Yeah, especially an interstate. All right. Does anybody else wish to speak on this application? Okay, let's move on to a motion.

I will make a motion to approve ROWVAC26-002 with staff's recommendations, findings, and conditions.

All right, we have a motion from Commissioner Roche to approve ROWVAC 26-002. And Commissioner Jefferson has seconded that.

I didn't exactly hear it. Did that include furbidge to go to the county?

County Commissioners for yeah, this is a recommend. This is to move forward Yeah, this is yep.

This is a recommendation to the Board of Commissioners Okay, so I'm gonna say that again This will be you'll be recommending to the Board of Commissioners, okay, so I will be recommending to the Board of Commissioners approval of Is that right? Okay. Yep. R-O-W-V-A-C 26-002. Okay.

All right. Any further discussion on this? All those in favor of the motion at hand, please signify by saying aye. Aye. Aye.

Opposed, same sign. I'm in favor. Motion carries. Isn't there like a back tax on that? How does that work?

There is some tax implications there, but I don't remember how that works.

No. Application ROWVAC 26-003, Isaac Levanos and Dave Robertson.

So the north side of those double 33s, is that a road in there?

I see. Montrose Way comes into that. Not from the south. No, from the north. So right now Montrose Way just kind of and goes into two driveways, I'm assuming? Yes, that's correct. Okay. Sorry, I didn't mean to... Corey asked a question.

Okay, so is there a reasonable terminate? Excuse me, is there a reasonable termination at the end of Montrose Way? Is that, it just...

Well, in Montrose Way itself, I always assumed it was a driveway. I mean, it's not something that the public is taking generally.

Okay. Is there anyone else that would like to speak on this? Go ahead, Bob.

Yeah, they're kind of, well, they need to be put into use.

Can Bob just bring a stamp with his signature on it for the next time that he needs to sign in?

Yeah. Sure, I'd be fine. Business is good tonight, Bob.

We're going to start selling this stuff.

All right. If there's no further comments, do we have a motion on this?

I will make a motion to refer application ROW to the county commissioners with a recommendation of approval granting staff's recommendations, findings, and conditions. I will second that.

Okay. Commissioner Hartley has made a motion to forward this, forward a recommendation onto the county commissioners to approve this right-of-way vacation, seconded by Commissioner Roche. Any further discussion? All those in favor of the motion at hand, please signify by saying aye.

Opposed, same sign. I'm in favor. Motion carries.

Staff updates. Staff update. Commissioner comments. Do you have anything, Corey?

Okay, thank you any Commissioner comments. You got something like eight Appellants people either eight or nine for one of them and one for the other one I Was thinking along the lines of This issue with the storage sheds or greenhouses or whatever and I in the setbacks, does it make sense that instead of stressing whether they're attached or unattached, gravity is attaching most of them anyway, that it's based off of whether it falls within the square footage of permit requirements or not?

Okay. So, but... There is, you can pour a flat work.

And you can set a shed on it. So I'm looking at the actual letter of the law here at this point. It is the attachment that's the problem.

Looking at it from different perspectives.

Yeah, because my understanding, I guess, has been that as long as it's not attached... affixed, there's not an issue with it.

Okay. Any other discussion from commissioners or staff? All right. Comments by the general public. Pursuant to NRS 241, this time is devoted to comments by the general public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successful Agenda and identified to be an action item is there anyone that has anything further to say Okay hearing none meeting adjourned