Planning Commission - Regular Meeting

I'd request a motion to approve the agenda. Second. Motion by Tate, second by Spire. Uh, any further discussion regarding the agenda. Hearing none. All those in favor say I. I. I. Opposed same sign. Agenda is approved. I'd entertain a motion now for approval of the June 26th, 2025 minutes meeting minutes. Make a motion to approve the minutes. Second. Motion by Spire, second by Albby. Uh, any further discussion regarding the June 26th meeting, minutes, amendments, changes, anything? Hearing none. All those in favor of approval of the minutes say I. I. Oppose. Same sign. Motion passes with one abstension. 5A is the regular agenda which is the variance request for 824 Street Northeast. Please take it away, Brandy. All right. Thank you, Liam. So, this is a variance request um for the property located at 824 Second Street Northeast. And this property is zoned R2A or R1. Sorry, let me get it here. Oh, it is R2A. Okay. R2A single family attached residential. It is a corner lot um that has the the two frontages and currently they have a single family home and then a unattached garage which counts as the um their accessory structure greater than 200 square ft. So for a lot this size, which is 12,600 square feet, they can have one unattached or they can have one

accessory structure greater than 200 square ft and one less than 200 square ft. Staff feels that this is a legitimate variance and not a use variance because the two accessory structures are subordinate to the primary use. And what we're looking at is the overall dimension or the size allowed. So the current garage is 572 square feet. The garage that is being proposed, the second garage or accessory structure being proposed is um 240 square feet, which is 40 square feet larger than what would be allowed to qualify for the structure 200 square feet or less. So, um this is before you with um the fact that so the existing garage is legal non-conforming because it does not meet the front yard setback. So then this structure would be in compliance with all setbacks. Um in total there would be 816 square feet. Uh, and this, like I said, this lot can have uh 1,260 total square feet if they were to utilize um the structure that is greater than 200 square feet. So, with that, um, let me see if there's any other notes that I think would be helpful. No, I think with that, I'll stand by for any questions. Go ahead. Um, Did any feedback or any um you know from specifically from Mr. Sidel or the walls the immediate adjacent uh properties? Nope. Nothing. Okay. Thank you. Uh Brandy or

or uh Mr. K, is there anybody else have any history like legislative history on why we adopted 200 max on these accessory second accessory structures? Yeah. So, and we've talked about it as staff, too. And when we just recently amended the ordinance in January, um the thought behind it is really the bulking on a property so that somebody wasn't taking the 1,260 square ft and building two 600 square foot buildings because then it's just yes, it's the same amount. They could build one garage that's 1,260 ft, but a lot of the times they are that will limit itself as well. So, um, and then the idea of the structure less than 200 square feet is to allow for a garden shed. Fell off, how did we arrive at 200 versus 250 versus 300? Um, I think standard. Okay. Yeah, I would I would say that historically for probably the last 25 years, most of the garden sheds have been underneath 200 square feet. That's changing now. We're seeing probably the standard garden shed is probably anywhere between 220 and 320. Um we're seeing in just a sidebar in the business that I do that most of the rural and small community ordinances have been changing the 200 feet to 240. Okay. Just just to meet the the economic reality economic realities of what's being offered out there, I suppose with zeroturn mowers and whatever else that people are now putting in garden sheds as opposed to Yeah, perfect. Uh anything else for staff before I open the public hearing? Uh hearing none, I'll open the public hearing. If there is someone uh who is a proponent or the applicant, come on up.

Please identify yourself. Yep. Yes, please. I I think there's a button if yours matches ours. It's a button and then the there'll be a red ring on the microphone. It'll Yeah, they're a little bit more challenging than they were last time or before. Okay. Hi, I'm Doug Andry uh current resident. My house was uh nearly 75 years 75 years old. It was built in 1951 by Nick Gurgen. It's a beautiful beautifully built house. Mr. Gergen was a funeral home director in the prior generations that is now White and Comun Home. At 40 year 48 years of age, he built a beautiful house. I'm the second owner and have lived here 28 years. The garage is also nice, but small in today's times at 22 by 26. The unfortunate thing about the garage is that it is detached, which is restricting me. It's also a hip hip roof design. My next two neighbors to the south of me have single car attached garages. So, we're able to add three stall garages 4 foot from both alleyway and adjacent lot lines. My property, although my property is the largest lot on the block by a large margin, I'm not able to utilize it to my needs. The plan structure to meet my needs would contain three motorcycles, one ATV with the 4ft plow on one end, and the other side of the workshop is to have a workshop. This workable design is 240 ft. like has been said, 40 more than city's guidelines. Uh I won't go into um as far as adding on to the garage would be a problem to me because uh one side I'd have to go um to the west there's a three-foot rise at over 25 ft and to the south side would be my basketball court which I would have to rip up to to expand the garage structure. Uh my simple simple shed design being four

feet longer than code impacts no neighbor. It would sit 19 feet from my southern neighbor's lot line. He would hardly see it since my acer maple blocks his view. The east edge of the proposed structure sits 41 ft from the alleyway. I was told economics doesn't play a part in this process, but to me it sure does. In my opinion, the simplest best solution for me is this proposed structure. I can build it myself and tie it in looks to the house in the garage. Are you on a time frame, Mr. Andrew? Uh, no. Okay. Uh, does the board have any questions for Mr. Andrew? Just uh one question. Um 12 by 20 versus 10 by 20. um is what's the uh you know hardship associated with the the two additional 12 x 16 would have a I wanted to go 12 feet so that I could fit easily in the garage door with specific things which means I could go 16 feet or 10 by 20 pardon or 10 x 20 to get the 200 right 12 x 16 would be my other option which would still be with would be within code but that would leave me four feet with with the things I have to house that would leave me four feet for what little shop area I would have. Four extra feet makes all the difference. I wouldn't the same way the other direction to get the width for bikes and everything in there. Yeah, I've measured it out. It's the easiest way that I can configure to get the bikes and everything in there. Go ahead, Miss Tate. Yes. Um, could you just explain where where the door the overhead door is going to be on the It's going to face toward it's going to face toward the north.

Okay. So, toward the garage. And then are you going to put some kind of a slab there to get your things in in and out? Yes, I've planned a concrete slab. If you can see my garage up there on which would be the bottom side which is to the west. I already have a walkway that goes through there. I would just extend that walkway to the door on the front that you're seeing right there where the cursor is. Great. Thank you. Any other questions for Mr. Andrew? Anyone else from the public that is either a proponent or an opponent for the variance request? Anyone online? Going once, going twice, three times. I will close the public hearing uh and ask for board action. Make a motion to approve the uh variance request. Second. I'll second. Uh, you were a little bit slow, Michelle. Um, and I don't know if that was just a delay, but we're going to go. Motion by uh Spire and second by Tate. Uh, further discussion. Yeah, just um given that you know none of the adjacent property owners have voiced any concerns and um you know the uh understand the hardships with modifying the existing structure. Um you know see those as legitimate hardships. there's some serious constrictions you have there and being that it is marginally over what's allowed um I think it justifies you know moving forward with the approval and subsequently would add maybe we revisit the ordinance uh for revision on what the requirements are

anybody else from the board have any comments my my uh hesitation stands as it was just two meetings ago on a sen request at the lake. Um, I think the ordinance is defeating the purpose of allowing individuals to reinvest into their property to expand something that makes common sense to the neighborhood. Um, be that as it may, I'm a literal interpretation person when it comes to reading a sentence and it says that you're allowed one structure more than 200 and one structure less than 200. And so the realism in in that and my interpretation and background is going to I've known Doug well my most of my life um is is going to be I'm gonna I will be voting no just because of that. But again, as I said a month ago, we need to change this so we can not have to worry about a literal interpretation by an old man. Mr. Albby, you have anything to say? Well, I think just looking at, you know, the the hip roof and adding on to your garage just doesn't make any sense to me. You know, uh the amount of construction fee that you would incur versus building a shed. So totally understand that from that standpoint. Um my concern is one of procedure not of the actual shed. Um I don't know if this is proper for a variance. I don't have any problem with amending the ordinance recommending that to the city council and within a month having the ordinance changed because this makes total sense to have a 240 foot versus 200. Um my my concern is that is the variance the appropriate vehicle to do that? Um we did that. This was the same issue almost identical that we handled with the pool about a month ago, month and a half ago,

I don't even remember. Um, so that was my only concern. Mr. Andrew, I don't have anything personal and I think it's a great project. If you can hold on a little bit, we can probably get it scheduled for the next plan commission meeting, amend them the ordinance, and you can have this built or moved on by, I don't know, August. Yes, and we can do that. I just want to say once again that when we bring a variance in front of the board, it's because we feel it is variance appropriate. So, um, and we actually did put a paragraph on there of why because we very much went back and forth on how this was appropriate as this is an area issue. They still are able to have two accessory structures on the property. So if it's the same thing that if somebody can't meet a setback. So his structure one his structure that's over 200 square feet is not maxing out the total 12 1260 square feet that he could use. And then he um this for his less than 200 square ft then he is over for that but he is still at two structures. All right. Um any other comments by staff? Miss Michelle. Michelle, do you have anything to say by the board or staff? All right. Uh, I'll ask for a roll call vote. Brandy. Okay. Kak, yes. Albby, yes. Spire, yes. Cohane, yes. Tate, yes. Case, no. Uh, motion passes five to six. Variance is approved. Um, I would ask that we put

this on the planning commission agenda to change so we don't have to visit similar applications in the future. Thank you. Uh, next is open public comment. Is there any here anybody here that wants to speak on anything other than what's on the agenda? Anybody? Nope. New business. Brandy? None that I have. Perfect. Old business? Nope. Beautiful. Then we are adjourned and we will reconvene as a planning commission shortly. We're ready. We're going to call this uh July 10th, 2025 Planning Commission meeting to order. Randy, roll call. All right. Kay here. Tate here. Cohane here. Spy here. Albby here. Kak here. We have a quorum. Thank you. Uh at this time I invite people from the public to submit their names for comments later. There will be a time at the end of the

agenda to address those if it doesn't if your u issue doesn't pertain to something that is on the agenda. Just let Brandy or Carla know. Thank you. I would ask for a motion to approve the agenda. Make a motion to approve the agenda. Motion by Commissioner Spire. Second by K's. Any comments, questions, concerns regarding the agenda hearing? None. All those in favor of approval say I. I. I. I. Oppose. Same sign. Motion passes. I would entertain a motion to approve the minutes from when are they? June 5th. From the June 5th minutes. Don't all go at once. Bill moved. Second. We have a motion in a second. Uh any questions, comments, concerns regarding the minutes from the June 5th meeting? Hearing none. All those in favor say I. I. I. Oppose. Same sign. Motion passes. Regular agenda, which is the Stony Point plat approval. Brandy. All right. Thank you, Liam. So this is the plat of Stony Point third edition which is basically functioning to memorialize the private street of Stony Point trail. This was a request. This is a request that they needed to fulfill to be able to close out the Stony Point project which engineering is working on completing and finalizing. They are waiting on a couple additional items, but this is one of the three as far as I know. Um, and so this Stony Point Trail was functioning as the driveway to to the point condos

when that was permitted, but it was always before we issued final a final on all the construction and building permit. We needed to memorialize this private street because the it needs to remain as permanent um ingress and egress to not only the point condos, but also the other lots that are along um with within Stony Point there along that portion of Dora Avenue, but it's actually known it's platted as Dora Avenue. It's known as Stony Point Trail. So that is something that um I did have Colin change that we will correct that naming right here for the council. But um that is the main purpose of this. Uh otherwise this would be an administrative plat because they're platting less than five lots and the Stony Point Trail was approved through the preliminary plan that was approved in 2020. So with that, I'll stand by for any questions. Anybody have any questions for Brandy? My only question was I thought we had already approved a plat with this on there, but that was it was the preliminary plan. That's what it was. Yep. Okay. And then they went into construction plans. Yeah. It was a long time ago, but I remember it being in front of us many, many moons ago. And and I'll add to they went for an extension because so that was three years ago and then in April of this year they met that three-year threshold for a commercial project went to council got the extension that it had to be done in a year. So we're buttoning these items up. Perfect. Nice. Any other questions for staff? I just wanted to clarify in the um you just what I just heard you say is that the extension was granted this just this

past April. Uh yes. Okay. Because I I I just noticed that this says the one year extension was granted in April 2024. Oh, was that in your notes? It is. Oh, it is. Okay. Okay. So, it is 2024. It's been a whole year since the extension. Yeah. Thank you. Yeah. Oh, you know what, Julia? So, we did close out the building permit, but engineering has not finalized their construction plan improvements. That is the that is the issue. So, that's why they didn't have to go back for an extension for the building permit um because everything was taken care of with that. Uh, and then the construction plans are still that's what they're buttoning up. Thank you. Good catch, Commissioner Tate. Thank you for your diligence. Uh, anything else? There is no public hearing on a plat. Uh, do are you here as a representative? Caitlyn's with engineering. Oh, you're with engineering. Okay. You don't have anything to add? Perfect. Wonderful. Then I would ask for a motion to approve the resolution 25-17. So move. Second. Motion by Tate, second by Albby. Uh, any further discussion regarding the resolution. And I can do this one. Roll call. No vote. Voice. Oh, look at that. I had to ask my parliamentarian. All those in favor say I. I. I. Opposed. Same sign. Motion passes unanimously. Now is the time for open public comment. if you wanted to talk about something that wasn't on the agenda. Anybody? Mr. Chair, go ahead. You missed your chance. You didn't sign up. Huh? I'm sorry. It's not new business yet. Go ahead. I'm sorry. Give me crap. I'm sorry. Never mind.

Go ahead. It's been a long week. Open public comment. No open public comment. Uh, any new business? Do you want to talk about something? Okay. Go ahead. Go ahead, Todd. The floor is yours. I think um the proper this would be the proper time based upon the previous action as the board of adjustment to as the planning commission suggest to staff when they have time. I know they're busy to visit this previous section of the ordinance dealing with the size of the second structure uh increasing that to 240 or if there's a based on their research on how best to handle that issue because I think in my counting we've had three of these variance requests in the last 18 months and so I think it's something that we could be doing just to maybe more helpful to the Could I and totally agree we'll look into it because when we amended the ordinance in January it was more of a overhaul. So we didn't get into the specifics and so I do think this could take a little a little more u massaging to get it to meet what we're needing and then what just the society the society is calling for these days. So perfect. I would echo Commissioner Kay's comments. Uh, any other new business? Hearing none. Old business. Do we have a plan for bylaws? Yes. I meant to have them reviewed for this meeting and then things have got hectic, but I will No, that's fine because I didn't either. So, okay. But, um, do we want to just set a deadline? The bylaws? I don't know if we could do it by the end of August would be great if we would have the public hearing and

not a public hearing. Oh, okay. Well, let's try to have it done by the end of August. Is that fair? That that sounds good. And honestly, yeah, I have I have them open on my computer. I just have not gotten down to It's not something that's most people look forward to, but that's all right. We got a little bit more time. We're going to get it done this summer. We're going to get it done this summer. Uh executive session. Any need for executive session? Any other old business? No. Good. Uh executive session? Nope. Perfect. Then we're adjourned. Thank you guys. Enjoy the evening.