Planning Commission July 9, 2019

Minutes – July 9, 2019

MEMBERS: Jonathan Eady, Chair; Laura McCanless, Vice-Chair; Zach May, Secretary; Mike McQuaide and Avis Williams. Juanita Carson was absent.

STAFF: Matthew Pepper, city manager and zoning administrator.

GUESTS: Charlene Bray; Kevin and Kimberly Stafford; Steve and Susan Roan; Michael Waters, Attorney with Ballard, Stephenson & Waters, LLP; Jerry and Evelyn Belcher.

OPENING: At 7:00 PM, Mr. Eady called the meeting to order and welcomed the guests. Mr. Eady welcomed Avis Williams as the newest member of the Planning Commission.

MINUTES: Upon motion of Mr. McQuaide, seconded by Ms. McCanless, the minutes for the meeting of May 14, 2019 were adopted as amended. The vote was 5-0.

CHARLENE BRAY DEVELOPMENT PERMIT APPLICATION (506 Emory Street): The Commission reviewed the development permit application to construct a 10’ x 12’ portable storage building in the backyard. The Commission confirmed that the location of the proposed storage building, as depicted in the site plan, met the rear and side setback limits.

Upon motion of Mr. May, seconded by Mr. McQuaide, the Planning Commission approved the development permit application to construct a 10’ x 12’ portable storage building in the backyard. The vote was 5-0.

KIMBERLY STAFFORD DEVELOPMENT PERMIT APPLICATION (106 E. Richardson Street): The Commission reviewed the development permit application to construct an above-ground pool with a wooden deck in the backyard. The Commission confirmed that the location of the proposed pool and deck, as depicted in the site plan, met the rear and side setback limits.

Upon motion of Ms. McCanless, seconded by Ms. Williams, the Planning Commission approved the development permit application to construct an above-ground pool with a wooden deck in the backyard. The vote was 5-0.

CHARLES GREEN DEVELOPMENT PERMIT APPLICATION (1214 Godfrey Street): Mr. Green did not attend the meeting. Consequently, the Commission did not take action on the development permit application to replace the existing roof structure on the rear patio deck of his home.

STEVE ROAN DEVELOPMENT PERMIT APPLICATION (712 Emory Street): On behalf of Mr. and Mrs. Roan, Mr. Waters presented the variance request on the minimum setback on the north side of the property that abuts the old alley to conduct the requested repairs and renovations to the existing home. During the discussion, the Commission expressed concern that a portion of the home is built on property that is not within the lot indicated on the attachments to the development permit application. The Commission further explained that, per city code, they are not authorized to approve additional improvements to a structure that extends beyond the footprint of the existing lot. After some discussion, the Commission agreed to grant the development permit application with conditions. The conditions are listed in the motion below. The Commission will issue a formal letter to Mr. and Mrs. Roan listing the conditions for granting the development permit application. The public hearing for the variance request will be scheduled for 6 PM on Monday, August 5th at city hall.

Upon motion of Mr. McQuaide, seconded by Mr. May, the Planning Commission approved the development permit application to make repairs and renovations to the home located at 712 Emory Street under the four conditions: 1. The applicants will amend their development permit application to include an affidavit stating their ownership of the property upon which the existing structure is located, including the garage; 2. The applicants will not make any improvements to the garage portion of the existing structure; 3. The Mayor and Council approve the Commission’s recommendation to grant a variance for a 0’ setback from the side boundary to the extent necessary for the current garage to comply with such setback; 4. The applicants will pursue confirmation that they own the property on which the aforesaid home encroaches by filing a quiet title action within 30 days of receiving the formal letter from the Commission. The vote was 5-0.

JOYCE VODAR DEVELOPMENT PERMIT APPLICATION (207 W. Bonnell Street): Ms. Vodar did not attend the meeting. Consequently, the Commission did not take action on the development permit application to remove an existing shed in her backyard.

CINDY CROY DEVELOPMENT PERMIT APPLICATION (204 Emory Way): Ms. Croy withdrew her application to construct two storage buildings in her backyard. The Commission did not take action on the development permit application.  

LINDA ALLEN DEVELOPMENT PERMIT APPLICATION (205 Williams Street): Ms. Allen withdrew her application to construct a handicap ramp leading to the front porch of her home. The Commission did not take action on the development permit application. 

EVELYN BELCHER DEVELOPMENT PERMIT APPLICATION (212 E. Richardson Street): The Commission reviewed the development permit application to make repairs to the siding of the attached garage and other repairs to the existing shed in the backyard. The Commission explained to Ms. Belcher that the site plan provided with the application must show the property lines and the distance from each structure to those lines. She will re-submit the application for the Commission to review at the August 13th meeting. The Commission did not take action on the development permit application. 

OTHER BUSINESS: The Commission discussed developing an administrative variance procedure to the city’s current zoning code.  

ADJOURNMENT: Mr. Eady adjourned the meeting at 9:04 PM.

Approved by:

Zach May, Secretary