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Planning and Zoning Commission Minutes - 09/10/2014MINUTES PLANNING & ZONING COMMISSION September 10, 2014 Karla Metty, Chairperson ♦ Members Barney Brock Jeff Browning + Johnny Combs + John Kidwell, Assistant Chairperson Rodney Martin + R. C. Taylor Anthony Inman Alternate #1 James McKechnie, Assist. City Attorney ♦ Legal Dept. Karen Gagne, Planning Administrator ♦city staff Loren Shapiro, Planner Ill Christopher Guess, Planner II Eric Kozielski, Planning Technician Diane Parker • ABSENT: Tom Quintero + Council Liaison James Wingo Rick Graham Dan Leslie ♦ Alternate #2 CALL TO ORDER The meeting was called to order by Chairperson Metty at 2:00 p.m. Chairperson Metty 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 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. P & Z COMMISSION PAGE 2 SEPTEMBER 10, 2014 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. II. PUBLIC COMMENTS No one from the audience wished to address the Commission. III. APPROVAL OF MINUTES Mr. Kidwell made a motion to approve the minutes of the August 13, 2014 meeting. Mr. Martin seconded the motion. The minutes were approved with a unanimous vote. IV. CONSENT AGENDA — no items were submitted by the deadline V. REGULAR AGENDA 1. Case C 14 -37 Conditional use — request for a carport in the required front setback 5109 Bahama Drive Ms. Violet Garza requested conditional use approval to construct a carport in the required front setback of her residence on Bahama Drive. There are no (0) properties within the 200 ft. perimeter of her property with carports in the front setback. Twenty -nine (29) surrounding property owners were notified of this request. Three (3) or 10.34% replied in favor and one (1) or 3.45% was opposed. Mr. Billy Garza, husband of the applicant, explained the carport was requested to protect their vehicle from the damage done by the trees and birds. Mr. Kidwell made a motion to approve this carport request; Mr. Martin seconded. The motion carried. 2. Case C 14 -38 Conditional use — request to expand an existing carport in the required front setback 4112 Pecos Street Mr. John Manno requested conditional use approval to expand an existing carport in the required front setback of his residence on Pecos Street. There are eight (8) properties within the 200 ft. perimeter of this property with carports in the front setback. Thirty -seven (37) surrounding property owners were notified of this request. Seven (7) or 18.92% replied in favor and two (2) or 5.41 % were opposed. Ms. Bambi Manno, wife of the applicant, stated the primary reason for the carport request was to enable her daughter who is in a wheel chair to have better access to their vehicles. Mr. Kidwell made a motion to approve this carport; Mr. Martin seconded. The motion carried P & Z COMMISSION PAGE 3 SEPTEMBER 10, 2014 3. Case C 14 -39 Conditional use — request to construct a carport in the required front setback 1618 Christine Mr. Julian Martinez requested conditional use approval to construct a carport in the required front setback of his residence on Christine. There is one (1) property within the 200 ft. perimeter of this property with a carport in the front setback. Twenty -eight (28) surrounding property owners were notified of this request. Four (4) or 14.29% replied in favor and one (1) 3.57% replied as opposed. Mr. Martinez stated he requested this carport to protect his new automobile. Mr. Combs made a motion to approve this carport; Mr. Martin seconded. The motion carried. 4. Case C 14 -40 Conditional use — a request for a carport in the required exterior side setback 1800 McGregor Ms. Johnna Faye Jessup requested conditional use approval to continue the construction to expand an existing carport in the required exterior side setback at 1800 McGregor Avenue. There are no (0) properties within the 200 ft. perimeter of this property with a carport in the front setback. Seventeen (17) surrounding property owners were notified of this carport request. Seven (7) or 41.18% replied in favor and none (0) were opposed. Mr. Shapiro reported a stop work order was issued to the applicant on July 15I" for failure to apply for a building permit. He presented photographs of the existing structure then commented if the Commission approves this request, staff is recommending the addition be moved back (away from the street) by 5 ft. Ms. Jessup stated her disabled son has moved home; she would like to enlarge the existing carport to accommodate his vehicle and to make access easier for him. Mr. Taylor made a motion to approve this carport; Mr. Martin seconded. The motion carried. 5. Case C 14 -35 Request conditional use approval to construct a garagelstorage building in a General Commercial (GC) zoning district encroaching 2 ft. into the required 30 ft. buffer between commercial and residential uses 4007 Call Field Road Mr. Mike Shallenberger requested conditional use approval to construct a garage/storage building in a GC zone on Call Field Road. This building will encroach 2 ft, into the required 30 ft. buffer between commercial and residential uses. Mr. Shapiro stated the applicant proposed the addition of a 2,100 sq. ft, building behind an existing building. Mr. Shallenberger's had previously indicated he would install an 8 ft. privacy fence on the south side of the property to provide adequate screening between the residences and his building located behind this lot. P & Z COMMISSION PAGE 4 SEPTEMBER 10, 2014 Mr. Tim Sanders, representative for Mr. Shallenberger, stated this building will be used to store tractors, trailers and construction equipment. He answered questioning by stating the building would abut the main building. It will have three garage doors and an outside entry door. The driveway is asphalt which existed when the building was purchased. Mr. Taylor made a motion to approve this request; Mr. Browning seconded. The motion carried. 6. Case C 14 -41 Conditional use — request to reconstruct and expand a non- conforming garage 1659 Keeler Avenue Mr. Michael Pebworth requested conditional use approval to reconstruct and expand a non- conforming garage at his residence on Keeler. His garage was built within the required 15 ft. exterior side setback extending 10 ft. into the exterior side yard setback. His garage was damaged by fire and he would like to rebuild. Mr. Shapiro gave a brief presentation regarding this request. He commented that staff recommended approval with the condition the garage not exceed 24'x 24' in size. Mr. Pebworth stated the garage is too small for people on both sides of the car to exit the vehicle when the car is in garage. He has been working on the house and would like the additional area for his tools. He intends to build a nice garage to help upgrade the neighborhood. Mr. Taylor asked if the roof would be removed in order for the new construction to be tied in. Mr. Pebworth replied the north and west walls were in good condition; he would remove and replace the east and south walls as well as the roof. He continued answering questions by stating the new roof would have a pitch which would face Marshall. The curb cut and driveway would remain the same, no expansions. Mr. Kidwell made a motion that the garage should have a maximum size of 24'x 24'; Mr. Taylor seconded. The motion carried. It was erroneously reported the garage could not be larger than 50% in area of the main structure. Mr. Pebworth stated he would prefer to have a garage measuring 24' x 24'. Mr. Pebworth stated the garage would not have heating and air conditioning and a decision regarding electricity had not been made. Mr. Shapiro stated Legal determined the size of the garage could be 24' x 24'. Mr. Taylor made a motion to approve this request; Mr. Leslie seconded. The motion carried. 7. Case R 14 -01 Request to rezone approximately 17.0 acres of land from Limited Office (LO) to Limited Commercial (LC) 4300 Barnett Road Mr. Shapiro stated the applicant has requested this case be withdrawn. Mr. Shapiro then stated he is requesting the Commission accept this withdrawal. Chairperson Metty stated Case R 14- 01 has been withdrawn from the agenda. P & Z COMMiSSION PAGE 5 SEPTEMBER 10, 2014 City Council Update No items pertaining to this Commission were submitted to Council in the last month. ;> ,4r-liM'6tty, Oh6irperwri Date ATTEST: . \«� \� \ .\ \ \� \ \��� ^ \��...........�..... � ƒ� d� / / \ \�... Loren Shapiro, Pla"in—ner III, Dept. of Community Development Date