Loading...
HomeMy WebLinkAbout1999-08-09 CPC MIN• Planning Commission August 9, 1999 Present: Jerry Fontaine, chairperson Glenna Bealka, Russ Hultman, John Rheinberger, Kirk Roetman, Darwin Wald, Tom Weidner and Terry Zoller Others: Community Development Director Steve Russell Mr. Fontaine called the meeting to order at 7 p.m. Approval of minutes: Mr. Wald, seconded by Mr. Rheinberger, moved approval of the minutes of July 12, 1999; all in favor. Case No. SUP/99-30 was withdrawn. Case F/99-19 Appeal of the Community Director's decision on the need to replace the fence at 2289 Croixwood Blvd, Oasis Market. Monti Moreno, applicant. Mr. Weidner excused himself from the discussion. Mr. Moreno was present. He provided photos of the fence on his property and the fence on the • adjacent ReMax property and fences of the people lodging the complaints, noting that they are all of the same vintage. He said the issue arose when he obtained a permit to move his fence back to the property line to match up with the ReMax fence. The fence is the original fence, but with new poles. He also noted that Mr. Russell inspected the fence prior to its being moved. Mr. Russell stated that fence permits are an administrative decision, and a permit was granted to move the fence back to the property line. Upon review after the fence was moved, the decision was made it should be replaced. He stated that according to city ordinance, screening of commercial properties from residential properties must be "sightly" - a subjective determination. Steve De Mars, 2307 Hidden Valley, spoke on behalf of neighboring property owners. Mr. De Mars stated he had reviewed the city's fencing ordinance; the ordinance requires screening of commercial properties to be "substantial/sightly/ and not less than 6' high." He then showed a video illustrating that Mr. Moreno's fence does not meet those three requirements of the ordinance. Mr. De Mars also said the ordinance requires a 1' setback from the property line; however, Mr. Russell said non-maintenance fences, such as Mr. Moreno's, can be placed on the property line. Mr. Rheinberger, seconded by Mrs. Bealka, moved to uphold Mr. Russell's decision requiring replacement of the fence; motion passed 7-0, with Mr. Weidner not voting as he had excused himself from the discussion. Case No. V/99-31 A variance to the accessory building regulations for construction of a new garage and accessory dwelling unit to be used as an art glass studio of more than 400 square feet 1 Planning Commission August 9, 1999 at 614 N. Fourth St. in the RB, Two Family Residential District. Michaela Mahady and John Pietras, applicants. Ms. Mahady and Mr. Pietras were present. They provided a colored rendering of the proposed new structure and home. Mr. Pietras explained the existing garage needs to be replaced. The request is to use 757 square feet of the accessory unit for an art studio. The art studio is strictly a commission businesses that would generate no traffic for the neighborhood. The applicants had 25 signatures of support. Mr. Pietras questioned the requirement for a 25' setback, saying a lesser setback would fit better with the "fabric of the neighborhood," but said he would abide by that requirement; Mr. Russell noted the setback is required due to the fact that the accessory unit is considered habitable space. The home occupation ordinance allows no more than 25 percent of the total floor space of the main building or a maximum of 400 square feet to be used for a home occupation. Mr. Pietras said he could not work out of 400 square feet, as his work requires horizontal space. Two neighbors, Mike Schmulske, 611 N. Fifth St., and Rosalind Ratnam, 604 N. Fourth St., spoke in favor of the project. Lael Smith, 609 N. Fourth St., said she was a bit concerned about the type 3 business use, but noted that traditionally North Fourth Street has been a mixed use • street. Mr. Roetman said he would be concerned that approval would start "pushing the envelope" of commercial property in a residential district. Mr. Weidner stated his concerns is that allowing commercial space is not in keeping with what the Planning Commission/City was trying to do in allowing accessory dwelling units in the RB residential district. Mr. Weidner stated Mr. Pietras does "wonderful" work, but the request simply amounts to building commercial property in a residential area. And Mr. Weidner said, the design of the structure is "beautiful," it's the use that is the problem. Mr. Hultman agreed with the concerns. Mrs. Bealka, however, pointed out that all of the neighbors supported the proposal. Mr. Rheinberger, seconded by Mr. Roetman, moved to deny the request. Motion for denial passed 5-3, with Mrs. Bealka, Mr. Wald and Mr. Zoller voting no. Case No. SUP/DR/99-32 A special use permit modification to add a fifth guestroom and to remodel the carriage house at the Elephant Walk Bed and Breakfast, 801 W. Pine St., in the RB, Two Family Residential District. Rita Graybill, applicant. Ms. Graybill explained the additional guestroom would be in the original structure. The addition to the house is to provide more space for her personal use. She said the intent to redo the carriage house is to have space for a studio, not as living space. She said she may never get to do the studio, but was making the request at this time so she wouldn't have to go through the permit process again. • 2 • Planning Commission August 9, 1999 Speaking against the request were Dwayne Arndt, 811 W. Pine St.; Kathleen and John Nelson, 828 W. Willard St.; Tom Tierney, 717 W. Pine St.; and the resident of 903 W. Willard St. Concerns centered on on-street parking/safety issues; the amount of traffic generated; excessive lighting; odors from fires; privacy issues. Mr. Arndt and the Nelsons both said they had seen someone living in the carriage space. Mr. Arndt further suggested that the original house never had six bedrooms, a requirement for a five room B&B under the city's ordinance, and that permits have not been obtained for work that has been done in the house. Mr. Arndt also challenged that adding onto the house in order to get the 5,000 square feet required by ordinance for a fifth guestroom was not in keeping with the intent of the ordinance. Mr. Tierney said he originally supported the B&B, but was not in favor of another expansion of the use. Mr. Nelson suggested the amount of activity at the B&B is reaching "Super 8 proportions." Speaking on behalf of the proposal was Chuck Dougherty, 306 W. Olive St., who stated that he looked at the house before the Graybills purchased the home; the original home did have six bedrooms, he said, which would allow for five guestrooms and one for the innkeeper, according to the city's ordinance. Ms. Graybill's son, Jacques, also spoke on her behalf. Ms. Graybill responded to some of the issues raised, noting that she has adequate parking and guest are always directed to park in back; she also stated she has always gotten necessary permits IS for any work that is being done. Mrs. Bealka called the B&B as plus for the community, and she said the gardens are beautiful. Mr. Wald and Mr. Hultman both noted there is ample guest parking. Mr. Roetman stated his position that an expansion of the use is going beyond what is keeping with a residential neighborhood when it becomes intrusive. Mr. Fontaine suggested the neighbors' complaints indicate a problem with expanding the use. Mr. Zoller agreed the Planning Commission's function is to protect the residential neighborhood, and "I don't see this as a positive impact," he said. Mr. Rheinberger, seconded by Mr. Roetman, moved to deny the request based on the intensity of use. Motion to deny passed 5-3, with Mrs. Bealka, Mr. Hultman and Mr. Wald voting no. Case No. V/99-33 A variance to the sign ordinance setback for a monument sign at 1901-1931 Curve Crest Blvd. in the BP-O, Business Park Office District. Hi-Tech Signs, Inc., applicant. Grant Skoog was present representing the applicants. Mr. Skoog noted the required 15-foot setback from the property line would put the sign into the parking lot. The request is for a variance to place the sign more in the middle of the property. Mr. Roetman, seconded by Mr. Wald, moved approval as conditioned, with the additional condition that Mr. Russell review the sign/placement. Motion passed 7-1, with Mr. Weidner . voting no. • Planning Commission August 9, 1999 Other business: • Issues related to Gannon's auto repair business - Mr. Russell said he had met with Mr. Gannon. He said the property lines were put on an aerial photo and some of the front lot is on county right-of-way. Mr. Russell said a lot of what is on the property is stuff that could be thrown away. He said he would work with Mr. Gannon to get the property cleaned up. Mr. Hultman said a fence on the west side of the property would help the appearance. Mr. Weidner suggested preparing a proposed ordinance to prevent other problems in the future. For now, Mr. Russell will continue to work with Mr. Gannon. • Rezoning remaining Phase I expansion area (area north of 72"d Street) - Included in the packet were letters from property owners opposed to rezoning and favoring retaining the AP designation. Since there is no interest in development at this time, it was the consensus of the Commission to leave the designation as is. • There was continued discussion of the role/mission of the Planning Commission and vanances. The recording secretary left at 9:50 p.m. Respectfully submitted, Sharon Baker • Recording Secretary 4