HomeMy WebLinkAboutPlanning and Zoning Commission-Minutes-4/10/2006
PLANNING AND ZONING COMMISSION
MEETING MINUTES – April 10, 2006
CALL TO ORDER
Chairman Byerly called the meeting to order at 7:03 p.m.
ROLL CALL
Present: Commissioners, Thomas Bartkowski, Mary
Taylor, John Blassingame, Denis Duffy and Jeff
Byerly
Absent: Commissioner Robert McCormick and Dave
(arrived after roll call)
Dudziak
Barry LeBaron, Chris Fuller, Amy Shelley, Jeff Jones
and Robert McKeown from staff were present.
INVOCATION
The invocation was given by Commissioner
Blassingame
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES
Commissioner Byerly made a correction in the roll call. He was absent and therefore
could not make the roll call. Commissioner Taylor seconded with correction and stated
Commissioner Dudziak called the roll.
Commissioner Taylor made motion to approve the March 13, 2006 meeting minutes
with the correction. Commissioner Duffy seconded.
The motion was approved by the following vote:
Aye: Bartkowski, Taylor, Blassingame, Duffy and Byerly
Nay: None
CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
REGULAR AGENDA ITEMS
1.Case P-06-017 –
Minor plat for .94 acres on Tract 1A4, Abstract 1737 of the
S. Wilton Survey located at 4701 Jim Mitchell Trail West
NOTE: Commissioner Dudziak became present at the meeting during this
regular agenda item.
Chris Fuller presented the case and briefed the Commissioners.
Barry LeBaron briefed the Commissioners regarding the house currently on the
property, it will be encroaching the building line, therefore the plat states there will not
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Minutes – April 10, 2006
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be any building permits issued on the lots until that house is demolished, relocated or
moved so that it will comply with the R20-Single Family Residential zoning district
standards.
Commissioner Duffy questioned staff regarding if the applicant has agreed with the
restriction regarding the house on the property? Chris Fuller replied the applicant
and staff agrees that building permits will be issued so that construction may begin;
however, there will not be any certificates of occupancy issued until the house is
relocated.
Commissioner Duffy made motion to approve case P-06-017. Commissioner Taylor
seconded.
The motion was approved by the following vote:
Aye: Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly
Nay: None
PUBLIC HEARING AGENDA ITEMS
2.Case P-06-018 –
Final Plat of Lot 1R, 2, 3, and 4 Block 1, Kay’s Circle B Bar
K Ranch Addition, being a replat of Lot 1, Block 1 Kay’s Circle B Bar K Ranch
and 3.55 acres in the J. J. Newton Survey, Abstract 1176, located at 5612, 5616
and 5700 Bransford Road
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Duffy questioned why the applicant is not rezoning to R40?
Commissioner Byerly stated the applicant is not asking for rezoning, this is a plat
application.
Commissioner Byerly opened the public hearing at 7:10 P.M.
Paul Kramer, 312 White Drive, the applicant, came forward to present the request and
brief the Commissioners.
Commissioner Duffy questioned Mr. Kramer regarding why are the lots going to remain
the R20 zoning? Mr. Kramer stated not wanting to rezone, the R20 zoning
requirements are met with this final plat.
There being no one wishing to speak, the public hearing was closed at 7:12 P.M.
Barry LeBaron stated the frontage of these lots would prevent the subdividing of these
lots.
Commissioner Dudziak questioned staff regarding if the current homes on the lots,
would be removed? Chris Fuller replied the lots will be developed. Commissioner
Dudziak questioned staff regarding why the lots, with homes, are not subject to any
perimeter street improvement fees and parkland dedication fees? Chris Fuller replied
the Land Development Code states if there are homes on the lots at the time of plat
application, those lots would not be subject to those fees. Commissioner Dudziak
stated not being comfortable approving a plat with lots that will have new homes on
them but not subject to pay the required fees. Barry LeBaron stated parkland
dedication fees and perimeter street impact fees are required if there is new impaction
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Minutes – April 10, 2006
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on the system, because the lots already had or have existing homes, they are not newly
impacting the system. If there was a new lot created, then that new lot would be
impacting the system and would have to pay those fees.
Commissioner Byerly made motion to approve case P-06-018. Commissioner
Bartkowski seconded.
The motion was approved by the following vote:
Aye: Bartkowski, Taylor, Blassingame, Duffy, Byerly
Nay: Dudziak
3.Case Z-06-006 – PUBLIC HEARING –
Request for a Special Use
Permit for an accessory building and a carport on Lot 3, Block 2 of the Apple
Valley Addition located at 5105 Apple Valley Drive
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Duffy questioned the distance between the red box on the drawing and
the vertical sidewalk at the end of the garage and the existing garage? Chris Fuller
replied not knowing at this time. The applicant is here and may know the distance.
Commissioner Bartkowski questioned staff regarding what the Land Development Code
states the construction of the vertical structures holding the walls needs to be? Chris
Fuller replied the Land Development Code requires brick, stone or decorative metal
between 12 inches to 48 inches in width.
Commissioner Byerly opened the public hearing at 7:20 P.M.
Frank Manzare, 5105 Apple Valley Drive, the applicant, came forward to present the
request and brief the Commissioners. Mr. Manzare replied to Commissioner Duffy’s
question regarding the distance between the vertical sidewalk at the end of the
proposed garage and the existing garage to be about 30 feet.
Commissioner Blassingame questioned Mr. Manzare regarding if he can comply with
the side yard set backs? Mr. Manzare replied yes. Commissioner Blassingame also
questioned Mr. Manzare regarding if he can comply with the code on the construction of
the posts? Mr. Manzare replied he will comply with the code.
Commissioner Byerly questioned staff regarding if the side yard set back is ten (10)
feet? Chris Fuller replied the building may be at five (5) feet. Mr. Manzare stated the
carport is going to be five feet; the actual building is going to be set back about 15 feet
off the property line.
Commissioner Taylor questioned for clarity, the carport is for the RV? Mr. Manzare
replied yes.
Commissioner Duffy questioned Mr. Manzare regarding the petition, it states an
additional garage, did all of the petition signers see the tin building and the intent to be a
1600 square foot building, or was the petition circulated as is for an additional garage?
Mr. Manzare replied the petition was shown with a brochure from the company who will
be constructing the building; it was a similar metal building with a carport on one side.
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Commissioner Duffy questioned Mr. Manzare if the steel will be colored? Mr. Manzare
replied yes, an earth tone color to match the house. It will probably have a wanes
coating and some brick on the front of the building, depending on the budget.
Commissioner Duffy stated there being five different variations for this building,
however, now it has been stated the willingness to comply. Commissioner Duffy
questioned Mr. Manzare in regards to why he did not comply in the beginning? Mr.
Manzare replied in the proposal process, the plans were given to my permit person to
pull the permit with the city, Mr. Manzare stated being out of town. Upon returning, the
permit had not been pulled because of the outstanding issues. Commissioner Duffy
stated this being incomplete staffs work on his behalf.
Commissioner Duffy stated not seeing the brick on the front of the building or the wanes
coating that Mr. Manzare mentioned earlier. Mr. Manzare stated he could resubmit
plans if needed.
Commissioner Blassingame questioned Mr. Manzare regarding how many cars are
going to be parked in this building? Mr. Manzare replied about five (5) cars, couple of
trailers and a motorcycle. He stated there being extra space for work benches.
Commissioner Blassingame stated coming back with a more complete application that
has all of the changes that have been mentioned. Mr. Manzare replied he could
resubmit some artist drawings.
Commissioner Dudziak questioned Mr. Manzare regarding if the structure will be one
building with a cut out for the carport? Mr. Manzare replied the roof will be all one
piece, the building itself will be 40x40 with a roof overhang for the carport.
Patricia Moore, 405 West Elm Street, spoke in opposition to the request because both
of our neighbors have buildings that are visible in the side yard and back yard from our
house. Mrs. Moore stated this building being presented is different from what was
originally shown. She also stated this house originally had three two car garages. One
garage was taken into the house, so there are still two car garages.
Mike Moore, 405 West Elm Street, spoke in opposition to the request and questioned if
certain restrictions can be made on the request so that future home owners can not use
the building for any other type use other than storage.
There being no one wishing to speak, the public hearing was closed at 7:46 P.M.
Commissioner Taylor stated the applicant is willing to work with the neighbors. Mrs.
Moore stated she would rather not wait for the bushes to grow, but it would be better
than nothing, however, would prefer none of the items. Mr. Moore stated not trying to
stop Mr. Manzare from building his building; however, we want the code to be followed.
If we were to want to sell our property, the potential new buyers would not like all of the
buildings visible in our back and side yards.
Commissioner Byerly stated for clarity there are issues, but the neighbors and applicant
think they can reach a compromise.
Commissioner Dudziak questioned the Moore’s regarding what expectations were
heard in the beginning? Mr. Moore replied Mr. Manzare was going to build with brick
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and hardy board, and now Mr. Manzare states building a metal building.
Commissioner Byerly questioned staff regarding the side yard set backs. Chris Fuller
used the table in the briefing packet.
Commissioner Dudziak questioned staff regarding if there are any restrictions for
coverage on a lot? Is this proposal close to those restrictions? Barry LeBaron replied a
homeowner can concrete his entire yard if wanting to do so.
Commissioner Blassingame questioned staff regarding if a denial or a table would be
more favorable for Mr. Manzare to bring this back to the Commission?
Commissioner Bartkowski replied Mr. Manzare is trying to comply and make the
neighbors happy. He stated being ok with the carport as long as Mr. Manzare complied
with the building codes and agrees with staffs recommendation. Commissioner
Bartkowski stated not wanting to table this item.
Commissioner Byerly made motion to reopen the public hearing and continue this item
until the April 24, 2006 meeting. Commissioner Dudziak seconded.
Commissioner Duffy stated the agenda is full for the April 24, 2006 meeting.
Commissioner Byerly questioned Mr. Manzare if he would be willing to continue this
th
item until the April 24 meeting, when the agenda is full, or if he would rather continue
until the next meeting? Mr. Manzare replied wanting to do what is best for everybody.
He stated wanting to cover all the bases.
Barry LeBaron stated it being better to table the item until the applicant is ready to move
forward so that notices can be sent and all parties can participate in the public hearing.
City Attorney Matthew Boyle stated if you continue an item, you do so with the intention
th
of reopening an item and continuing the public hearing on the 24, however, you may
re- continue at that point. This particular action, in this motion, states the public hearing
th
will be held again on the 24 in its continued fashion.
Commissioner Byerly questioned Mr. Manzare if he would be ready to continue at the
th
April 24 meeting? Mr. Manzare replied yes.
Commissioner Byerly stated some issues that need to be worked out with the neighbors
regarding: the brick wanes coating; skirting versus screening; five (5) foot set back
versus ten (10) foot set back.
Commissioner Dudziak concurred with Commissioner Byerly and stated having a clear
drawing on what the structure will look like; concern about whether or not this is one (1)
building with a cut out for a carport, or two (2) separate buildings.
Barry LeBaron replied having this as a single structure with accessory building
regulations with a carport.
Commissioner Dudziak stating wanting the higher standards met for this building
whether it is an accessory building, two structures, or one (1) building with a carport.
Barry LeBaron stated if the SUP was to be approved by the city council, the standards
or regulations will have to be maintained by all homeowners.
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Commissioner Byerly questioned if the neighbors work out an agreement regarding the
planting of photinas on the property, will this regulation be placed in the SUP? Barry
LeBaron stated having issues with affixing a requirement on this SUP for an adjacent
property.
Attorney Boyle stated the limitations should only apply to the requesting property.
Commissioner Blassingame stated to Mr. Manzare that it appears a compromise can be
met by all of the parties involved; those should be brought to the next public hearing.
Commissioner Byerly stated the motion being to continue this item until the April 24,
2006 meeting.
The motion was approved by the following vote:
Aye: Dudziak, Taylor, Blassingame, Byerly
Nay: Bartkowski, Duffy
TABLED ITEMS
4.Case Z-06-003 –
Request for a zoning change from AG Agricultural to R20
Single Family Residential on 3 acres on Lot 1, Block 1 of the Wilson Estates
Addition located at 1304 Tinker Road
STAFF REPORTS
Barry LeBaron stated a draft is being constructed on the Permitted Use Table in the
Land Development Code. The list is being expanded and will be brought forward in a
workshop in late June or early July for the Commissioner’s comments.
COMMISSIONER COMMENTS
Commissioner Duffy questioned staff regarding if the draft will be presented before the
workshop? Barry LeBaron replied yes, a packet will be sent as usual.
ADJOURNMENT
The Commission adjourned the meeting at 8:15 p.m. by acclamation.
Respectfully Submitted,
Amy Shelley
Planning and Zoning Assistant
Approved on: April 24, 2006
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