Planning Commission - Regular Meeting

Uh we have six members and uh going to call the meeting to order and I go to public comment. Members of the public, is there any going to cut public comment on anything? Do I need to read this? Not any general public comment. No. All right. We'll go to the regular agenda item number three. Uh consider approving the August 4th, 2025 zoning board of adjustments minutes, meeting minutes. As we looked at the minutes, anybody have any questions? I'll make a motion to approve. Need a second. Second. Go ahead. Motion in a second. All in favor say I. I. I.

August 4th, 2025. Minutes are approved. Uh B. ZBA 2520 4232 Sherwood Way. A request for approval of a variance from section 502.B B to allow 4ft front setback in lie of the required 25 foot for a canopy on a property located at 4234 Shardwood Way with the within the general CG zoning district. Hello Ray.

Good afternoon. Oh, let me There we go. Good afternoon. Ray Limeberry, lead planner. And this one is it is 4234 Sherwood Way. Um but 4232 is also part of their it's their other building. Um, so this is off of Sherwood Way. It's a car wash. It is in the Bluffs neighborhood, um, Mary Coffee District 6 area. And it is zoned CG with a commercial vision plan, 1.440 acres. And they are requesting a 4ft setback instead of the 25- foot setback for the front um, setback. And it is for a canopy. and it is right here. We did mail out 15 notices. Um I have not received any in favor or opposed. This is their site plan and a picture, a sample picture of what it's going to look like. And I went out and took some pictures. They do have a lot of rightway because here's the curb. Um so you notice it is about a 40 I think it was 40 foot 41 ft um from curb to the property line and then they are looking for four more feet. So it' be a total of 45 ft.

Is he going to go basically where those wires are the highland wires that far out? Um correct. Yeah it's about So, some of our analysis we looked at again um it is a 40 foot 41 foot ride ofway. Um that is a rather large rightway. Uh text dot did not have a problem um with this request as long as they didn't encroach into their rightway which it won't. Um and then granting the variance would be generally consistent with the purposes and intent of the zoning ordinance. So with that, staff is recommending approval. With that, is there any questions?

Any questions from the board? All right. Thank you, Rick. Do what do all the commercial car washes come in with this? Because I mean, they've all got canopy roofs and I don't know that I've ever in in the years I've been here, I don't think we've ever done a commercial car wash

zoner. No, this is a obviously this is an older established car wash that has been here for a few decades and they have been doing some renovations on their property and even with their oil change and stuff. And so they've got a new car wash system, but as the cars now uh kind of exit that area, they know that they're looking for really protection for their staff is what the main request is. And so that canopy is going to be some shade protection for staff as that car is coming out and they start wiping down the car. Then they kind of pull it around and bring it back to the back where the customers would be to come and finish it off and and get it back to them. As uh Rey was talking about, you know, our concerns were are we we being different here than other places. Again, we have an excessive amount of rideway and it's really because you see those a overhead lines. It's a m major line system there, but that's actually in the rideway. Their easements in the ride ofway. The structure is going to be 4 ft back from that. Um, and so even how they have it designed, the poles are not even that far out. It's got got some room. You can see there on the right where the the pickup is coming out how they have it designed. Um, they've taken a lot of consideration of how to make this work for that property. And so

we think we think it it fits in with the nature of a commercial property because a lot of times those are different than residential. And again, we have there's lots of circulation space there. There's lots of ride of way. So that's why we're staff is in support. How far back from the curb is the edge of that canopy going to be? Do you know? About plenty. Yeah. It's not going to block anybody's vision. Well, it's open so yeah know.

Any more questions? I'm ask for motion. I'll make a motion to approve as presented. No, we need public comment. Any public comment? If you have questions for a representative, they're here. I'm sorry. If you have questions for the applicant, for the applicant, then they can answer them. Oh, okay. Any questions? I don't have any questions. Okay. I'm going to ask for a motion. So, close public comment. Closed public comment. And I'll make a motion to approve as presented. Second. Have a motion. [laughter] It's Friday. He's ready to get it on. Have a motion in a second. Any any more discussion from the board before we go for the vote?

There being none, let's have a vote. All in favor say I. I. I. Any opposed? Motion carries. 6. Uh, let's see where we see item C. ZBA 25- 216 West 36 Street. request for approval of variance from section 501A to allow 15T front setback, a 22ft front setback, and a 10-ft front setback on one side of a double frontage lot in lie of the required 25- ft front setbacks for properties at the corner of West 36th Street and Grape Creek Road within Sigma Family Residential RS1 zoning district. Hello, Austin.

Thank you. Austin Reed, senior planner. This one comes to you out of the Riverside neighborhood. It is district number two. Joe Self's district. The zoning here is entirely RS1. The vision plan has its neighborhood and it's a little over half an acre. Um, this next part will differ a little bit from what you just read and what was on your staff reports because we did work with the applicant to try and lessen some of those variances. And so what we're asking for today is approval of a 19 ft, a 21 ft, and then a 15t front setback in lie of all those 25 ft requirements. We sent out 12 notices on this. did not receive any responses as far as I'm aware. And this might help um shine a little bit of light on those variances. So, it's it's a little hard to see, but you can see the house outlines along with the um setbacks. This top one will be 19 ft off of Grape Creek. The one below that is 21 ft off of Grape Creek. And then those bottom two come back to 25 ft off of Grape Creek. Um that bottom lot, however, is a true double frontage lot. So, the requirement is 25 ft off of 36th Street, but they are asking for 15 feet instead. 13

15. So, as you get closer to that um intersection that the houses are kind of starting to pull away. So, onto our analysis. Um obviously, this is one property. It's currently being subdivided into four different lots. These properties are located within our city's designated infill area. So, we think that maximization of this space would really be in the community's best interest for availability of housing. Um, these do also have an adequate amount of rideaway. I think it has at least 10 feet on either side and a safe visual clearance as I just talked about on the corner will be maintained. So with that, we are recommending approval of the variances that we discussed today. You guys have any questions?

Any questions? So lot number two and three are 25 ft setbacks which is another 21. Yes. So the top the top one will be the 19. The one below that is 21. And then those bottom two and 20. Okay. Yeah. They come to 25 ft. But then the double frontage one is requiring a 15t one off of 36 street. Okay. Thank you. The corner lot there, the garage is going to be where it's shown they're not going to flip it. So the driveway are they going to exit onto Great Creek? Is that where their driveways are going to That is correct. Yes, sir. more questions

that what you have marked as lot two is empty as lot uh yeah that's not within today's consideration yeah

thank you thank you public comments I'm going to ask [laughter] Master of public comment. Erica Wy. It's me, Erica Wy. Wel Engineering and Surveying. Just here for any questions or comments you might have. I'm moving. I'm good. Just ask that you approve as presented. Thank you. We might.

All right, board. Let's have a discussion amongst ourselves. Do we need to have one or just go right? I'm going to close public com. All right. [laughter] Baby steps. Baby steps. It's been, you know, it's been a while since we've been up here. Uh, all right. Public comment is now closed. Board, we need to discuss it. Go to a motion. Make a motion to approve as directed as written. I'll second. I have a motion to approve and a second. Any more comments? We'll go to the vote. Can't get my bees out today. Vote.

I just just as a sort of a comment on the end, will will you all fill in the proper measurements on the on the minutes for the meeting since since our minutes our agenda has the wrong Yeah, this this is not that, right? We'll make sure that's reflected. Um it was allowed because that's a lesser variance than what they originally requested and was advertised for. So, but those will be reflected in the minutes for sure. Okay. In that case, my motion stands. Okay. Have a motion in second. Second stands. Second stands. We need a third stand. Let's go to the vote. All in favor say I. I. Any opposed? Motion carries. 6.

Uh, where are we here? D ZBA 25-22 351 East 47th Street. A request for approval of a variance from section 501.8 Okay. To allow 15 ft front setback along Travis Street and a 5-ft front setback along East 47th Street for property at 351 East 47th Street within the single family residential RS1 zoning district. Thank you, sir.

Austin Reed, senior planner. Again, this one will be very similar to the last same kind of situation and it has the same applicant as well. This one is in the Lake View neighborhood, district number two. Again, Jose's district. Zoning here is entirely RS1. The vision plan is neighborhood and it's about 046 acres. Um again we have a request for approval of 19 foot setbacks along Travis Street and a 6ft front setback along East 47th Street in lie of those 25 ft setbacks. Mailed out 19 notices did not receive any in favor received one who is opposed from across the street. They did not list any sort of reasoning. So, here's a look at that concept plan to give you a better idea of what's going on. Um, as you can see, all four houses are very similar. It's again being subdivided into four lots and they are each sitting at about 19 ft, a little more than 19 ft off of Travis Street. That top lot, however, is again a true double frontage lot because it doesn't have an alleyway behind it. So, the requirement is 25 ft off of 47th Street. They are asking for that 6 ft. Onto our analysis. Um, as you saw, this is being subdivided into four lots. This property is located within the city's designated infill area and it's adjacent to a school. Um, maximization of this space is in the community's best interest. We think these lots as they're proposed actually are at minimum size by RS1 standards. And again, it has an adequate amount of rideway on both frontages somewhere between 10 and 15 feet. So with that, we are recommending approval of these variances that are presented today. Do you guys have any questions?

Any questions? That's Caddy corner from Lincoln, correct? Yes. Now I know because I went by and looked at it. Mhm. The opposite corner has sidewalk and a cutout. Mhm. And the one straight across, was it 47th? Has the same concrete corner and a cutout. Is there supposed to be sidewalks there? I didn't know if there was because there's a school. I didn't know if there were restrictions or suggestions or That is a trigger with our our land development subdivision ordinance for um anything that happens close to a school. Um, yes. The sidewalk requirement is there. So, are you going to be able if if it's granted?

Mhm. Go back to the the the draw out. That's that off that that setback from 47th is how many feet? Six. Yes, six feet. And then it has about uh 10 ft of rideaway, I think, on that side. Okay. So, there's 16 ft between the what is going to be the between the structure and the curve. So you still would be able to fit sidewalks in there no problem. Correct. And they typically go in right away as well. So um somewhere in that 10 ft between the property line and the curb those sidewalks would be located cuz the other side doesn't have sidewalks. It just has the cutout on the corner. Yeah. Which I didn't I didn't know whether that was Yeah. I don't know how the longention or not.

Yeah. Okay. There there's no there's no alley between 351 and 355. It's just No. So really, those are two properties right now, but it's being subdivided kind of perpendicular to the way the lot lines run now, if that makes sense. They added them together and then they're chopping them together and then it was approved to basically flip them, make them four lots, right? Because the one we did the other was like a block away and they did the opposite. Correct. Okay, that's it. Thank you. Thank you, Austin. Okay, I'm going to open it up for public comment. Eric Wy again. State your name.

State your name. [laughter]

Erica Wy engineering and surveying. Um, this one was a little bit more tricky. Uh, we had to put a 20 foot easement in the back for a sewer line. Um the sewer is it this this area is a little bit unique in that these were the only lots that don't have sewer. So uh we're going along the back just to feed those. Um so it [clears throat] was a little bit less space we had to work with. Had to squench down some some houses, but uh they found a house plan that would work. So uh that's why we're here today. Um, I just ask that you approve as presented and I'm here for any questions.

Drainage pattern from the on on a peak event rain. Which way is the water going to run? Do you know to the street? Which one? 47th or Travis? Both. Okay. Split. [clears throat and cough] From Lincoln this way. Yeah. Yeah, cuz there's like a there's a pond kind of a retaining pond kind of over. So, it's going to be running in between.

No, it's going to that's what she's saying. They're going to put that sewer on the back. That's why they needed that easement and they're having to push the houses up closer to ask for the variance back so that when they do the drainage and everything else, it will either run it will run to both Travis and to 47th. We'll kind of split it not to inundate one street. So, so is that e that's sewer easement be a dedicated easement, right? Yes. Yes. Can they put storage buildings over it and things like that? No, they can't put anything over it. So, it's an unobstructed I'm sorry. It's an unobstructed easement. Yes. [clears throat]

And it's a drainage way also. H It'll be a drainage [clears throat] way also. It'll drain the storm water also. Yes. part of it. How are you going to word it on the plat? What easement? I mean, what will your wording say? There's sewer ement. It says drainage and utilities. Does it say drainage? Okay. And that plat's already been adopted by planning commission. So with more drain and and it had to say drain. Yeah, it's good.

This these properties don't trigger our storm water detention requirements or storm water because it's smaller than one acre. Um but they do still take an account to that on their site to slope it correctly. And so did this area flood July 4th? That I do not know. Do you know? Um I'm sure Travis and 47th had water in it. Yeah, it had water in it. still have to look at that because they're still significant significantly lower than some of that land. The land is a little higher than that. But even if even if the city doesn't require it, we still have to look at Yeah. What 15 in above the curb. So there's an alleyway that is horizontal in that picture. Correct. Yes.

So the easement will tee into that that alleyway and it'll Yes. Yes. Yep. Good. Thank you. Yes. Any more public comment? Come on or not? There being none, I'm going to close public comment. I'm going to make a motion to approve as presented. Second. I haven't asked. [laughter] I don't care today. It's Friday. It's already done. I want to ask for a motion. Say it again. I'm going to make a motion to approve as presented. I'll second. All right. We need more discussion before we go to the vote. No. All right. Have a motion in a second. Go to the vote. All in favor say I. I

I any opposed? There being none, motion carries at 6. That's it. Oh, division report. Thank you, chairman. Aaron Venoy, director of planning development services. I just want to say thank you to Wy Engineering and to our city staff for working together on those two cases uh trying to make it work so that the properties become developable. Uh if you think about the one that's off 36, really that sight line was the most concerning thing when you're looking to the north on Grape Creek. Can you really see the traffic coming down that way before you turn out off of 36? And uh the the builder knew that, the engineer knew that. They said, "Hey, let's let's work with us and and do that." So, I just really want to say thank you to them. Same with the one over there in Travis. Obviously, um those lots have never been built because there's sewer sewer service. And so now we've got a way to get some sewer service, maximize those 200t deep lots as they were originally platted back when everybody had farm animals in the backyard. Well, that's not necessarily today. And so we're able to do some infill housing. Uh so we're very excited about that. So thank you for that. On both of those cases, y'all observed that there was the double frontage uh item. And so we are working through some language to rewrite our double frontage and it has to do with how much ride ofway. So in both of these cases there was a lot of rideway of 10 foot plus uh in in a couple of areas. And so take this one for example that's on the screen on 47th we know there's over 10 foot. And so if you add the five foot setback or in this case a set sixoot setback you're still meeting a good distance in line of sight if you were to stop there at 47th to look left or right. And so we're going to look at that 10 foot as okay, well then we would allow up to a 5ft sideyard. If you're less than 10 foot, then we may ask you to go to a 10-ft sideyard, something

like that. But we will be working through those things and bringing those forward to the development task force in the next few months and then bringing that forward to planning commission to try to get that in our LDSO. So it might lessen the ZBA cases that come for a double frontage. Uh I know uh Mr. Young had had some questions. Y'all have all had questions about double frontage of how can we address that for our developers and particularly when it comes into residential properties like this that we're trying to do infill. How do we how do we find some ways to make it work? So our staff's working on some other things um in our zoning ordinance and our LDSO bringing those forward to development task force as well. Um they're going to be giving some presentations to planning commission about adding some residential uh style districts. And so you even heard in in the evaluation on this one, these are the the minimum lot sizes. And so there are some builders out there that may want to build a smaller house on a smaller lot and be able to do that in certain areas. So they're looking at could developers ask for that type of zoning. Um they're trying to clean up the LDSO to where we actually know what the the minimum width of a drivable road is. We seem to bounce around a little bit. So we're working on that. Uh and we're just trying to to help the regulations help development can meet keep moving forward. So I really appreciate our our staff uh working on that as well as the development community giving us ideas and thoughts and what what really impacts their pocketbook because that that really is key to affordability. So, we really appreciate them helping us out with that. Chairman, I don't have anything else.

Turn it off. Uh, sounds like some common sense stuff being worked around. If you can get to the sense part of it, we hope so. Yes. Yeah. What about anything on RS1 on the on the 25 foot minimum setback? Are they all working on that too?

We are working on that. Um we think we're going to continue to have an RS1, but we we are looking at adding like an RS uh four and five that would allow maybe a lesser setback. And then if the the builder developer says, "Well, I want so many lots of this and so many lots of that," we'd find a way to work that into the zoning for them. Um, we wouldn't go and zone somebody's properties right now and say, "Okay, we're going to go and reszone these areas that were RS2, they're going to be now RS3 or RS4." It would be a zoning that people could request uh to help their develop of vacant and infill land in particular.

Again, those on the edge development, they they may like larger lots or what we have, but we're trying to give some flexibility so that they have some options instead of just one or two options for a single family house. Gotcha. So the say 20 foot setback potentially 20 foot setback depending on the style of house and how wide front entry garage you think there's some of that discussion going on. There's also some discussion of what about if we lessen the requirements of how an alleyway is built and those that wanted to do an alleyway that's not having to do such a high level of um higher than really a street level

uh because we don't have the large trucks going back in our new developed alleys any longer. Can you move the the houses up, put the garage in the back and still have enough yard in the back to have both change the grading? Takes away from the cost and you can not have to have it so big. It's still accessible, but it doesn't have to have a trash truck to get down. Okay. Thank you. So, [clears throat] we hope some good innovative ideas. Uh it's kind of partnering with some of the information that's starting to come out of our most recent housing study. Uh I know that KOSA DC is getting ready to release that uh to the public of what it hey this is the types of houses that our community may need and and keep working from there to try to help our development keep moving forward.

Thank you. Any any more questions? Any questions? So did that uh did you just cover division report five and a I get well a is the next meeting that was followup and administrative issues. Got that? Okay. I'll catch up here in a second. Uh the next regular meeting of the zoning board of adjustments is scheduled for December 1st, 2025 in the East Mezzanine meeting room at city hall. And uh need a motion to adjurnn. I'll make a motion to adjurnn. Second. All in favor say I. I. Motion carries 6. Thank you.