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Planning and Zoning Commission Minutes - 01/13/2010PRESENT: MINUTES PLANNING & ZONING COMMISSION January 13, 2010 L. O. Nelson, Chairman ♦ Members Warren Gardner • John Kidwell ♦ Alternate #1 Vicky Payne • Ripley Tate • R. C. Taylor ♦ Alternate #2 John Stephenson • Charles Elmore ♦ Council Liaison Miles Risley, City Attorney ♦ Legal Depart. David A. Clark, Director of Community Development ♦ City Staff Leo Bethge, Planner II • Curtis Pope • Diane Parker • ABSENT: Larry Ash • Kevin Callahan • Jeremy Dorzab • Deborah Morrow • I. CALL TO ORDER The meeting was called to order by Chairman Tate at 2:00 p.m. II. OATH OF OFFICE — NEW MEMBER Mr. Clark swore into office the new member of the Commission, Vicky Payne. III. ELECTION OF CHAIRMAN AND VICE CHAIRMAN Mr. Gardner nominated Mr. Nelson for Chairman of the Commission; Mr. Stephenson seconded. Mr. Nelson was approved by acclamation. Mr. Taylor nominated Mr. Tate for Vice Chairman; Mr. Gardner seconded. Mr. Tate was approved by acclamation. 3 10 P & Z COMMISSION PAGE 2 JANUARY 13, 2010 Chairman Nelson thanked Mr. Tate for his service during the past year stating that he has done a wonderful job taking care of the P &Z business. IV. COMMENTS No one from the audience wished to address the Commission. V. APPROVAL OF MINUTES Mr. Taylor made a motion to approve the minutes of the December 9, 2009 meeting; Mr. Tate seconded. The motion carried. VI. REGULAR AGENDA 1. Case C 10 -01 Request for a Conditional Use Permit to allow an accessory building within the exterior side setback #1 White Rock Court Mr. Henry Perez requested conditional use approval to construct an accessory structure within the 15' exterior side setback at his residence. He began the construction of the 10' x 16' child's playhouse within the 15' exterior side setback in his backyard. Mr. Perez was informed that he would need a building permit and must meet the setback requirements or apply for conditional use approval. Thirty (30) surrounding property owners were notified of this request. Four (4) responded in favor; two (2) were opposed; and one (1) was undecided /no opinion. Mr. Perez was available if needed. Mr. Stephenson asked for clarification of the location of the building on the map. Mr. Clark stated the building is constructed eight feet from the property line (edge of sidewalk). The face of the building is along the fence line. This Commission has the authority to waive the setbacks if the construction materials are the same as the house. Mr. Taylor asked if the building would abut the fence. Mr. Perez stated it would be five or six inches away. Then, Mr. Perez explained that the backyard was completely paved in concrete. In seven years or less, he plans to take the playhouse down. Chairman Nelson acknowledged there were comments received from neighbors regarding opposition to the construction of this structure and all the Commission members present have reviewed those remarks. Mr. Gardner made a motion to approve this request; Mr. Kidwell seconded. The motion carried. VII. OTHER BUSINESS City Council Update Mr. Clark stated that no items went before Council from the Planning and Zoning Commission since the last Commission meeting. P & Z COMMISSION PAGE 3 JANUARY 13, 2010 Update Change of Kemp Street Zoning Mr. Clark stated the draft has been completed. This has been discussed as a special design district. Staff plans to meet with some commercial developers before the next P &Z meeting to obtain their reaction. VIII. ADJOURN The meeting adjourned at 2:17 p.m. L. O. Nelson, Chairman ATTEST: David A. Clark, Director of Cotnmunity Development p2 -Z3 -/v Date Date