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Planning and Zoning Commission Minutes - 06/08/2011/7! RECEIVED IN CITY CLERK'S OFFICE r'% A *rff, k_, 9- / M I N U T E S BY: 11=TI ME: PLANNING & ZONING COMMISSION June 8, 2011 PRESENT: L. O. Nelson, Chairman • Members Warren Gardner • John Harmon ♦ Alternate #1 Deborah Morrow • Vicky Payne • R. C. Taylor • John Stephenson • Mary Ward • Council Liaison Kinley Hegglund, Senior Assist. City Attorney • Legal Depart. Norm Standerfer, Director of Community Development . City staff Marty Odom, Planner • Leo Bethge, Planner • ABSENT: Larry Ash • John Kidwell • Ripley Tate • I. CALL TO ORDER The meeting was called to order by Chairman Nelson at 2:00 p.m. Chairman Nelson then proceeded to make the following comments: a. This meeting is being broadcast live on Channel 11. 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 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 phone ringers 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. P & Z COMMISSION PAGE 2 JUNE 8, 2011 II. PUBLIC COMMENTS No one from the audience wished to address the Commission. III. APPROVAL OF MINUTES Mr. Taylor made a motion to approve the minutes of the March 9, 2011, April 13, 2011, and May 11, 2011 meetings. Mr. Gardner seconded the motion. The minutes were approved with a unanimous vote. IV, CONSENT AGENDA Public Hearing on Final Plats The Planning & Zoning Commission recommended approval of the following plats subject to the Standard Conditions of Approval for Final Plats and Replats and any specific conditions listed: Standard Conditions of Approval for Final Plats • Provide utility and drainage easements as required by utility companies and Director of Public Works. • Submit water and sewer plans; street; sidewalk; and drainage plans to the Director of Public Works and water plans to the Fire Marshall. Drainage plans must be complete enough to include impact on surrounding property and include detention facilities as required by Director of Public Works. • Coordinate street lighting plan and provide utility easements as required by the Director of Traffic & Transportation. Note: Approval of a plat does not imply approval of development of property in violation of the Zoning Ordinance. CARPORTS: 1. Case C 11 -11 Carport in the front setback 1513 Rowland Mr. David Camacho, applicant, applied for a conditional use permit to construct a carport in the front setback of his residence. There are three (3) properties within 200 feet of the perimeter of this property with carports in the front setbacks. Sixteen (16) surrounding property owners were notified of this request. Three (3) or 18.75% responded in favor and none (0.) were opposed. 2. Case C 11 -12 Carport in'the front setback 4429 Call Field Road P & Z COMMISSION PAGE 3 JUNE 8, 2011 Mr. Mitchell Sonsini, applicant, applied for conditional use approval to construct a carport in the front setback of his home. There are four (4) properties within 200 feet of the perimeter of this property with carports in the front setback. Seventeen (17) surrounding property owners were notified of this request. l=our (4) or 23.53% responded in favor and none (0) were opposed. Mr. Stephenson made a motion to approve the consent agenda; Mr. Taylor seconded. The motion carried. V. REGULAR AGENDA 1. Case C 11 -09 Carport in the front setback 1519 Southwinds Drive Mr. Hansel Byers, applicant, submitted a request to construct a carport within the front setback of his residence. This request was tabled at the May 11, 2011 Planning and Zoning Commission meeting pending more information from the applicant. Twenty -four (24) surrounding property owners were noted of this request. One (1) or 4.17% responded in favor; three (3) or 12.50% responded as opposed; and one (1) or 4.17% responded as undecided /other. The tallies from May were used for this meeting; no new response forms were mailed. Mr. Odom presented a photo of a similar carport. He noted there would be brick columns comparable to those in the photo. He also mentioned, when there are no carports in the neighborhood, there is a possibility of deed restrictions prohibiting carports. The City does not enforce deed restrictions. It is possible to have a carport approved by this Commission and also be in violation of the deed restrictions. Mr. Stephenson stated, if there are no carports in the neighborhood and the responses indicate the neighbors are opposed, it would be difficult for him to vote in favor. Mr. Taylor commented that he felt the same as Mr. Stephenson, especially since this item was postponed from the May meeting in order for the applicant to submit more information or attend this meeting. Mr. Odom noted that staff does not make recommendations on carport requests. Ms. Payne mentioned a concern from the May meeting expressed in a response about the line of sight when traveling around the comer. Mr. Odom stated he was not concerned about that issue. He mentioned the trailer in the driveway in the photo and stated it was not a problem. He felt a carport would not be a visual problem for motorists because the turn is broad. There was discussion regarding the type of roof that was to be constructed and without the applicant present, Commission questions were unanswered. Mr. Hammon suggested tabling this motion. Chairman Nelson stated tabling was done at the May meeting in order for the applicant to send a representative or provide more descriptions of the structure. Mr. Gardner made a motion to approve this carport request; Ms. Morrow seconded. The vote was one (1) in favor and six (6) in opposition. The carport request failed. P & Z COMMISSION PAGE 4 VI. OTHER BUSINESS JUNE 8. 2011 City Council Update Annexation of land south of Parkstone Senior Village Apartments located at 1727 West Rathgeber Road — passed Rezoning of land south of Parkstone Senior Village Apartments located at 1727 West Rathgeber Road - passed VII. ADJOURN The meeting adjourned at 2:23 p.m. ATTEST: Marty Odom, Dept. of munity Development t%-/O-/J Date 6/1 ILI Date