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Planning and Zoning Commission Minutes - 02/13/2019MINUTES PLANNING & ZONING COMMISSION February 13, 2019 PRESENT: David Cook ♦ Member Rick Graham ♦ Member Blake Haney ♦ Member Krystal James ♦ Vice -Chair Steve Lane ♦ Alternate #1 Dan Leslie ♦ Memner Rodney Martin ♦ Chairperson Cayce Wendeborn ♦ Member Paul Menzies, Assistant City Manager ♦ City Staff James McKechnie, Senior Asst. City Attorney Karen Montgomery -Gagne, Planning Administrator Fabian Medellin, Planner II Skyler Henricks, Planning Technician Pat Hoffman, Property Mgmt. Administrator Rita Miller, Code Enforcement & Housing Administrator Rick Branum, Dev't Review & Utility Coordination ABSENT: Jack Browne ♦ Member Anthony Inman ♦ Member Councilor Whiteley ♦ Council Liaison I. CALL TO ORDER The meeting was called to order by Chairperson, Mr. Rodney Martin, at 2:01 p.m. Chairperson Martin proceeded to make the following comments: a. This meeting is being televised live on Channel 1300. It will be replayed at 2:00 p.m. daily including Saturday and Sunday until the next live meeting is aired which will be the second Wednesday of next month at 2:00 p.m. b. Motions made by the Commission members include all staff recommendations and developmental requirements listed in the staff report. Any deviations will be discussed on a case -by -case basis and voted on accordingly. c. Applicants and citizens who wish to address the Commission or answer questions from the Commission members are asked to please speak into the microphone at the podium. This meeting is being taped and there is no microphone to record statements made from the audience. d. Please silence all cell phones during the meeting. If it is necessary for you to have a cell phone conversation during the meeting, please use the hallway outside this room. Planning and Zoning 2 February 13, 2019 II. ROLL CALL Commission Chairman Rodney Martin roll called commission and staff members. III. PUBLIC COMMENTS There were no comments from the public. IV. APPROVAL OF MINUTES Ms. Cayce Wendeborn made a motion to adopt the January 09, 2019 minutes. Ms. Krystal James seconded the motion. The motion was passed unanimously. V. REGULAR AGENDA 1. Case C 19-03 — 1909 Woodrow Avenue: Tabled Case from 01/09/19 Request for a conditional use to allow a carport in the required front setback and in righ-of-way in a Single Family-2 Residential (SF-2) zoning district. Applicant: Linda Hoagland Mr. Fabian Medellin presented the case and stated the applicant had submitted a proposal for a carport in the front setback located at 1909 Woodrow Avenue. The applicant submitted a survey in December with a conditional use application and on that survey there was information about her property lines and where the public right-of-way is situated. Staff in error, proceeded with the acceptance of that application and presented it to the Commission last month where it was tabled. Since that time staff worked with Property Management & Public Works and actively investigated where the property line was located. The subject property is centrally located within the city, south of Speedway Avenue, east of Harrison Street. The property line is approximately two feet from the face of her garage. The proposed carport of 27 X 18 feet would have extended past her property, out a total of 16 feet into the right -of --way and also over an active water line. A re - notification letter was sent to property owners within 200 foot of the subject property to allow the opportunity of any additional input from the applicant or other property owners. One response was received, it being no opinion/undecided. Mr. Medellin stated the zoning ordinance, section 4210, outlined that the Commission may grant the right for the carport to be constructed in the setback but does not give the right beyond property lines. After in depth investigation it was determined the carport would actually extend into the right-of-way and encroach into Woodrow Avenue. Staff recommended denial of the conditional use request to allow a carport in the required front setback in a Single Family-2 Residential (SF-2) zoning district at 1909 Woodrow Avenue. Mr. Martin asked if the applicant was present and wished to speak, the applicant was not present. Mr. Chairman then asked if anyone else would like to speak. With no Planning and Zoning 3 February 13, 2019 comments Mr. Martin closed the case for public discussion and opened for discussion by the Commission members. Mrs. Krystal James asked if staff reviewed the applicant's metes and bounds description and the right-of-way. Mr. Medellin advised yes, the staff did a thorough investigation with Property Management into the dedication of that 60 foot right-of-way. The verbiage on Mrs. Hoagland's deed preexisted our dedication and was mirrored on the survey and that is why it showed the property line being out to the center of the roadway. There has since been a dedication through a separate instrument granting the city 60 feet. Mrs. James asked if the survey was done before the right-of-way agreement. Mr. Medellin stated the date of the survey could not be determined because the stamp was smeared. The survey did mirror the deed, and just continued from prior owners never really changing the verbiage to show a portion had been dedicated to the city. Mr. Martin stated that basically it was never updated after the original deed was issued. Mr. Medellin advised that was correct. Mrs. James stated just to be clear, when Mrs. Hoagland purchased the property the right-of-way had already been granted and wasn't reflected in the survey. Mr. Medellin advised that was correct, the dedication took place in the 60's and that water line had been there from about that same period. Mrs. James stated Mrs. Hoagland might have a case against the surveyor or title company from when she purchased the property. Mr. Medellin advised that may correct. Mr. Martin asked if there was any further discussion. Mr. Martin then reminded the Commission this case was basically requesting a carport be constructed in the public right-of-way and the Commission does not have the authority to grant a carport in a public right-of-way. Mr. Martin then called for a vote for approval granting the requested carport built in the public right-of-way. Motion failed unanimously. VI. OTHER BUSINESS 1. No other business VII. ADJOURN The meeting adjourned at 2:14 p.m. 16.1 �3 �ja rL t.� CWC) Rodney Martin, Chairperson Date ATTEST KarenMontgomery- agne ep-t. of Oommunity Development Date