Loading...
HomeMy WebLinkAboutJanuary 16, 1979 Planning Commission Meeting City hall Council Chambers January 16, 1979 Meeting opened at 7:35 P.M. by Chairman McManama. Roll call found the following members present: Emery, Hansen, Nordby, Thelen, Waldron and Chairman McManama. Members absent were Hillyer, Loveland and Messmer. Also present were City Administrator Kucera, Bldg. Official Ritchey, Councilperson Rayburn, Public Works Supt. Capps and Secretary Stamper. No correspondence nor public appearances were noted. Uld Business - none. New Business Public Hearing was opened by Chairman McManama for a Conditional Use Request for 524 Oak Street, Tax Lot 10100, J.C. map 37 21V 2CC on Lot 3 of Block 39 of Original Town; Dale V. Van Wey applicant was present. Request for Residential u$e to Pro- fessional Office use. Proponents were invited by speak. Mr. Van Wey stated he wanted the use changed in order to be able to rent out property for professional offices but had nothing in mind at the present time nor a tenant for the use he is asking for. On one else came forward to speak for the record. Opponents were next invited to speak and Mrs. Ruby Latvala of 115 South Fifth St. stated she was not notified via mail but had read the notice in the newspaper! She felt the residential neighborhood should remain as it presently is; not feasible for professional office use or beauty shop us (?) and objected to the proposed change request. (Mrs. Latvala's mail returned from the Post Office was then handed over to her.) Councilmember Rayburn inquired: 1. Why a Conditional Use instead of a zone change to comply to the Comprehensive Land Use Plan? 2. She also asked if the present structure would be removed and stated the adjoining property shares a common drive- way and if the use was changed, 3. How could the driveway be shared? Chairman McManama replied to #1 - Request for Conditional Use was made by applicant; #2 Mr. Van Wey did not, at this time, know if the present structure would be removed or remain; #3 - Mr. Ritchey stated if the common driveway opening was not shared, another opening could be put in with a curb between the openings to make a break between the properties. Mrs. Rayburn did not object to the Petitioner's request. No one else wishing to speak, the public portion of the Hearing was closed. Dis- cussion on site, parking, access to rear property and determination of specified use before such use is granted! Burden of proof falls on applicant to justify the requested use change. Staff had no input. More discussion. Motion by Waldron to continue the Public Hearing to February 20, 1979 if allowable; if not, based on meeting notes the Staff is directed to draft Findings of Fact in the matter. Motion seconded by Hansen. Roll call found all in favor. Motion carriied. City Administrator Kucera will get legal opinion from City Atty. Carter about a re- scheduled public hearing. Planning Comm. Meeting January 16, 1979 - page 2 New Business (continued) Next order of business was a Public Hearing request for Re-zone from Open Space Density 5 acres (County) to R-3 (Residential Multi-Family) City zoning for Tax Lot 601, J.C. map 37 21V 2BC located at 1130 Hazel Street by the Independent Order of Odd Fellows, Lodge #193. Staff report prepared by City Administrator Kucera covered the Re-zone Request and the Conditional Use Permit and read into record. Continuing, if request is approved, the Commission can initiate a Resolution of Intent to the City Council. Proponents were invited to speak. Mr. Francis Marshall, one of the Oddfellows' representatives, presented their Findings of Fact stating the addition of a Lodge building will enchance the property; have adequate parking; landscaping and by using a heat pump will add no pollution to the atmosphere; ,have 23 active members at the present time plus an Auxiliary. The primary use of the building will be for 2 meetings per week; one for each group. No alcoholic beverages will be used on the premises (against their Charter) and could be further used for other public meetings for non-profit use as well as weddings, public dinners, receptions, etc. The property will need top fill and the 25' strip of land at the northerly property line running east-west can be deeded to the City to al- low enough setback for Hazel Street extension improvements when City is ready to improve Hazel Street. Continuing, Mr. Marshall stated their plans for a 1- story structure will serve more interested people as some of their members are unable to navigate stairs. He feels the impact on the neighborhood is favor- ' able. In response to questions by Commissioner Emery on "Hazel Street improvements, the Oddfellows would be favorable to going into an L.I.D. with the City when and if Hazel Street is developed. Public Works Supt. Capps stated that he feels the Lodge should not have to pay for entire street when improvements are started. The Street has history of drainage problems and could easily be graded; a granite surface laid, ditches on the sides and would be sufficient for their use and traffic. Discussion on street gravelling and establishing an L.I.D. with granite surface. Mr. Capps would like to use property to dump diret from Pine Street Improvements (10th to Overpass?) when that project starts this spring; with a minimum of hauling distance for his Department, and would solve a problem for both. Mr. Ed. Seheufele, 770 South Fourth Street, spoke about past problems in getting property annexed to the City; no heavy traffic and the lodge facility will not be available to the general public for hire. No one wishing to speak in opposition_ of the request, the public portion of the hearing was closed. Questions from Commissioners Emery and Nordby, after reading property deed descritipn; unable to 'locate the 25' easement Mr. Marshall spoke of- "Is not indicated in_the deed of record. Applicant must supply copy to accompany request application. Planning Commission's Findings of Fact recorded by Emery. Discussion. Motion by Waldron to grant zone change from OSD 5 to R-3 Planning Commission Meeting January 16, 1979 - page 3 New Business (continued) and accept both documents of record; i.e. , Applicants' Findings of Fact and the Fasano Findings and recommend to City Council to proceed with Resolution of Intent to adopt the Zone change; contigent upon 1. .Possible formation of L.I.D. with City for Hazel Street improvements, 2. Granite surfaced street from Tenth to Oddfellows Lodge, 3. Fire hydrant at cost of applicant placed on Hazel Street per designa- tion of Fire Department, 4. Drainage ditch each side of hazel Street extended, 5. Intent to rezone to R-3 subject to completion of Lodge; if not built, reverts back to original zoning. Motion seconded by Emery. By roll call vote, all in favor, the motion carried unanimously. Conditional Use Permit for Independent Order of Odd Fellows, Tax Lot 601, J.C. map 37 2W 2BC for 1130 Hazel Street. Public Hearing opened by Chairman McManama. Proponents were same as above with request to accept the Findings priorly sub- mitted. No one wishing to speak in opposition, the Public hearing portion was closed. Discussion on Easement problem; is it part-of Tax Lot 601 -or Tax Lot 600 for ownership of the 25' space? Fasano Findings recorded by Commissioner Emery. Question raised by Bldg. Official Ritchey, that if not an easement the Lot would not have the required front footage necessary for the R-3 Zone! Discussion. Applicant will have to apply for a Variance, public hearing held for the front footage discrepancy and pay fees. Motion by Commissioner Waldron that the Conditional Use be granted based upon: 1. Applicant to apply for necessary variance, 2. Easement ownership right of way along north side of lot for 125' be determined, 3. Easement from owners to OddFellows to City? and the conditions as set forth in the Zone change application -above. Motion seconded by Nordby. Roll call vote found all in favor. Motion carried. 1068 Review for 268 North Eight Street for a proposed 4-plex construction on Lot 4 of Block 5 of Pattison Addition; J.C. map page 37 2W 2CB; Oral Bell and Douglas Dalton, applicants, were present. Building Official Ritchey presented his Staff Report. Mr. Dalton stated the landscaping would be low-lying shrubs, ground cover, ivy and lawn plus a 6' screening fence of wax-leaf hedge and planting area; 18" overhang on buildings all around. Recommendation of 12" board to be used as "eyebrow" to break up monotony of buildings. Needed is a 3" variance to each parking space from 9' x 20' to 8'9" X 20' to avoid a 12" violation; 3" variance to be 40' in length. Discussion. Motion by Emery to approve the 1068 Plan Review with 12" variance; that small structure on the lot be removed, that Park dedication fees of $400.00 be paid for the 4-Plea; subject to the Uniform Building Code and Staff recommendations. Motion seconded by Commissioner Hansen. By roll call vote. All in favor the motion carried. Miscellaneous Matters Big Al's Restaurant for proposed construction at 1017 East Pine Street, Tax Lots 400, 401 and 500 on J.C. map page 37 21Y 2CA was next order of business. Developer Mike Mahar and Clyde Pope owner were present. A 1068 Staff report prepared by Bldg. Official Ritchey was presented; explained the new plans had been submitted which required a thorough plan checking. Question by Member Emery for construct- ing a break in the "roll curb" for handicapped persons passing from the handicapped parking area. Discussion on traffic flow, Pine Street Improvements with median strip and turn lane, and if developer had allowed compensating setbacks. City I Planning Commission Meeting January 16, 1979 - page 4 Miscellaneous Matters (continued) Administrator Kucera reported of meeting with Jackson County Public Works people .and.Mr. Mahar about the Pine .Street Improvements and the allowances planned. Mr. Ritchey asked applicants if these revised set of plans had b been submitted to the County Health Dept. and if they had any comment -re- garding food preparation in the basement. Mr. Pope -stated the plans had not yet been submitted at this time but he anticipates no problems. Public . Works Superintendent Capps was asked about manhole and -2 catch basins in parking lot for drainage. Mr. Capps indicated where he would like them placed for proper drainage and with ample access by the City crew. Discus- sion. - Sidewalks are not required. Motion by Waldron to approve the 1068 Plan Review based on Staff report and recommendations of Public Works, the Police Dept. and Building Dept. Motion seconded by Emery. Roll call vote. All in favor to approve the 1068 as stated. Chairman McManama reported to members that proposal for annexing into the City by Dr. Milton R. Snow and a Re-zone request was "in-house". Recommen- dation that Staff handle paperwork and set up public hearings at their dis- cretion made by Emery, seconded by Nordby and carried with all in favor. Public hearings Ordinance Draft was presented by City Administrator Kucera at the request of the City Council giving history of past procedures and problems. The draft would enable a fresh look and possibly more expeditiously handling of paperwork. Discussion that Planning Commission should be the body to hear publically the various City matters regarding zoning, variances, , etc. as they were better -qualified; gives opportunity for opponents viewpoint; record of findings on each case; eliminate some of the burden of the Council; leaves the appeals process to go .to Council, etc. More discussion. City Administrator stated the draft method would eliminate complicating present staff time. Pros and cons to be submitted to the City Council after neces- sary time is used for Planning Commission to study the proposed draft. No further business, motion was made by Waldron to adjourn, seconded by Emery. Meeting adjourned at 11:25 P.M.