Planning and Zoning Commission Minutes - 03/13/2019MINUTES
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 11
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 merribers 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:
Tablet-1 (ase from 01109119
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. o-rHER BUSINESS
1. No other business
VIL ADJOURN
The meeting adjourned at 2.14 p.m.
i
Rodney- Martin, Chairperson
ATTEST:
Karlin Montgor�e,y-Gagn'e� Dept. of t'�ommunity Development
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