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Planning and Zoning Commission Minutes - 12/09/2009L21 MINUTES PLANNING & ZONING COMMISSION December 9, 2009 PRESENT: Ripley Tate, Chairman ♦ Members Kevin Callahan Jeremy Dorzab L. O. Nelson Deborah Morrow • R. C. Taylor ♦ Alternate #2 Charles Elmore ♦ Council Liaison Kinley Hegglund, Senior Assist. City Attorney ♦ Legal Depart. David A. Clark, Director of Community Development ♦ City staff Marty Odom, Planner Leo Bethge, Planner • Diane Parker ABSENT: Jeff Cooper ♦ Alternate #1 John Stephenson • Larry Ash Warren Gardner • I. CALL TO ORDER The meeting was called to order by Chairman Tate at 2:00 p.m. 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 November 11, 2009 meeting. Mr. Nelson seconded the motion. The minutes were approved with a unanimous vote. P 3 cc��1 P & Z COMMISSION PAGE 2 DECEMBER 9, 2009 IV. CONSENT AGENDA CARPORT: 1. Case C 09 -43 Carport 919 Gerald Ms. Valerie Sanders requested conditional use approval to construct a carport within the front setback of her residence on Gerald. There are two (2) properties within a 200 foot perimeter of this house that have carports in the front setback. Mr. Taylor made a motion to approve the Consent Agenda; Mr. Dorzab seconded. The motion carried. V. REGULAR AGENDA Notification Replat To Allow the Replatting of a Single Lot into Two (2) Lots 2820 Elmwood aka Lot 12, Block 16, Midwestern Park, Unit 1 This case was a request to replat a single lot into two lots on Elmwood. Notification to property owners within 200 feet of the property is required when there is an increase in the number of lots inside an established residential neighborhood. In September 2009, the Planning and Zoning Commission approved a conditional use permit to locate a duplex on this lot that has an existing quadraplex on it. Mortgage requirements make it necessary to divide the lot in order for the duplex to be platted separately. Twenty (20) surrounding property owners were notified of this request. One (1) responded in favor and four (4) were opposed. Mr. Taylor asked if a duplex would affect the surrounding property values. Chairman Tate responded that there is a perception that property values will decline; however, in most cases that does not happen. Mr. Odom stated that, regarding the responses that were opposed, it appeared that their focus was on the construction of duplex and not the platting issue. Chairman Tate also noted that there was some opposition to the area business. Mr. Nelson made a motion to approve this replat; Mr. Taylor seconded. The motion carried. 2. Case C 09-44 Request for a Conditional Use Permit to Expand an Auto Repair Service Business 3022 Seymour Road Mr. Jim Arnold requested conditional use approval to expand his existing auto repair service by adding a 900 sq. ft. building for automobile storage. This location is within a General Commercial zoning district; auto repair and the expansion of auto repair service requires conditional use approval. P'& Z COMMISSION PAGE 3 DECEMBER 9, 2009 This project received a variance from the Board of Adjustment at their November meeting to locate the building six (6) feet from the adjacent residence instead of the required 30 feet. Twenty (20) surrounding property owners were notified of this request. Four (4) responded in favor and none (0) were opposed. Mr. Arnold stated he was in his fifth year of business and each year the business continues to grow. He thanked the Board for the opportunity to expand his business. Mr. Nelson inquired about noise and smells coming from the business. Mr. Arnold commented that the paint booth system was up -to -date with a fire suppression unit and it is up to code. His business closes at 5:00 p.m. and there will not be any late hours work performed. Mr. Taylor made a motion to approve this request; Mr. Nelson seconded. The motion carried. VI. OTHER BUSINESS Mr. Clark noted there were no items presented to City Council from this Commission. VII. ADJOURN The meeting adjourned at 2:17 p.m. Ripleylate, Ch aft ATTEST: David A. Clark, Director of Community Development Date J3 y Da e