Loading...
HomeMy WebLinkAbout1978-07-20 P & Z MINUTES PLANNING AND ZONING COMMISSION MINUTES May 18 , 1978 The meeting was called to order at 7 : 30 p .m. in the Council Chambers by Vice-Chairman John Pilote . Present were Al McCluskey, Budd Kehne , John Hull , Bob Nicholes , Bud Grant , Tom Enslev , Ralph Nyblad , Starr Farish, Mel Lewis and Wayne Nielsen. Don Tolley arrived later. Ralph Nyblad moved to dispense with the reading of the minutes and approve them as written . The motion was seconded by Starr Farish and carried. John Pilote opened the public hearing portion of the meeting. First on the agenda was a special use permit requested by the First South- ern Baptist Church to construct a church building on the northwest corner of Linden and Marshall . Pastor Louis Demster stated that a letter from the Southwest Health District giving approval for a septic tank had been furnished to the Engineering, Department . Hear- ing no comments on the granting of the special use permit , John Pilote closed the public hearing. Action was deferred until later in the meeting. Declared opened next was the public hearing to consider an applica- tion for a variance made by John Siewert . Mr. Siewert wishes to construct an addition to his residence at 2402 Fairview Avenue which will extend 18 1/2" into the rear setback area . Hearing no objections to the granting of the variance , the Vice-Chairman closed the public eNs hearing. The public hearing for a zoning recommendation of R-1 Residential prior to annexation of a triangular-shaped piece of property off the east end of Montana Manor was opened . It is the intention of the purchaser of the property to subdivide it into building sites after it is in the City . In response to the call for testimony , Mr. Stan Thames who resides on Missoula Way asked if there would be additional access streets to the area proposed for annexation. It was his con- cern that the traffic flow through Montana Manor was heavy at the present time and the construction of more homes with residents using those streets would only present more problems . Mr. Lewis replied that in the future Illinois Avenue could go out to Ustick Road but no definite alternate routes have been established . Since there was no further testimony , the public hearing was closed . The following actions were taken on the subjects of the hearings : 78-5-1 John Hull moved that the special use permit be granted to the First Southern Baptist Church subject to deeding of 30 feet of right-of- way on Linden Street and 28 feet on Marshall Avenue . The motion was seconded by Budd Kehne and carried . 78-5-2 A motion was made and seconded by Tom Ensley and John Hull to grant the setback variance to Mr. Siewert for his property at 2402 Fair- view Avenue . Motion carried . 78-5-3 Bob Nicholes moved that the property stated above east of Montana Manor be accepted for annexation with an R-1 Residential zoning. -1- -2- Motion was seconded by Ralph Nyblad and passed . Mr. Nyblad also suggested that the traffic situation be investigated . Next the final plat of J . Noble Manor (formerly Noble Subdivision) was presented for approval . The City Engineer confirmed that all dimensional requirements were met and recommended that it be approved subject to the stipulations attached to the preliminary plat . Starr 78-5-4 Farish and Tom Ensley moved and seconded that the final plat of J . Noble Manor be accepted and a recommendation be sent to the City Council for its approval . Motion carried . The preliminary plat of Atwood Terrace , which was referred back to the Planning and Zoning Commission by the Council , was reconsidered . Mr. Joe Bottoms , an adjacent property owner, appeared before the Council at their May 2 meeting when the preliminary plat was dis- cussed because he felt he didn' t have consideration of right-of- way for his property the way the development of the subdivision was proposed. One of his objections is that he has a house facing on a private lane that has a Georgia Avenue address and apparently Georgia Avenue was vacated between Hillcrest and Syringa by the County when it was annexed before 1961 . Proposed Atwood Terrace has an alignment for Georgia which would be offset , thereby elim- inating any chance of the street developing next to Mr. Bottoms ' property. Mr. Leroy Atwood , the developer, explained that the street was planned to provide the best answers for drainage and improvements, as considerable fill would be required using the align- ment desired by Mr. Bottoms . During the discussion, it was pointed emN out the possibility of an east-west street (unnamed on the prelimi- nary plat ) being extended at such time as the property to the east wished to develop and , although Mr. Bottoms might lose a building site , he would not be completely landlocked . Mr. Leland Van Slyke , property owner to the south of Mr. Bottoms , was also present and indicated he has no present plans to develop his property or to (8-5-5 give any right-of-way . After further discussion, a motion was made by Starr Farish to accept the preliminary plat as originally approved and send it to the Council with a recommendation for approval . Tom Ensley seconded the motion which, after a vote , carried. An application for a variance has been filed by Kellogg ' s , Inc . , to install a scales and construct a building, part of which will extend into the 20-foot setback area of their property located at Paynter, Warehouse and Dearborn. A discussion ensued as to whether or not a variance would be necessary for the scales and/or the building. 78-5-6 Subsequently , John Hull moved for the Board to consider that a variance would not be needed for. the scales but would be necessary for the building and to establish a. hearing date . Motion was seconded by Bob Nicholes and carried . Public hearing will be held June 15 , 1978 . The vacation of Walnut Street between Illinois and Wisconsin Avenues has been requested by the ad.lacent property owners . Mr. Lewis read a letter from Dean Smith stating the reasons the property owners were in favor of the vacation . Plans for development of the area 001, north of the vacation were then .reviewed . It was pointed out that a storm sewer cuts throu7h th property making placement of the multiple units intended difflrult without the street being vacated . Mr. Lewis also noted that the City would require some easements for -3- irrigation and a variance for setbacks would be required because all buildings will not be on a right-of-way. The units should remain under one ownership since buildings will be on a private 78-5-7 lane . After some deliberation, Budd Kehne moved to recommend the vacation of Walnut between Illinois and Wisconsin to the City Coun- cil . The motion was seconded by Bud Grant . Six voted in favor of the motion and one opposed it . Motion passed. At this time Don Tolley assumed the Chair. Mr. Clayton Anderson , attorney representing Pete Echevarria, was recognized and presented his case. Mr. Echevarria owns property on both sides of the Interstate between Linden and Ustick - 5 acres northeast of the highway right-of-way which are presently not in the City and 12 acres southwest of the highway right-of-way which are part of the City . He is seeking the disannexation of the 12 acres because , according to Mr. Anderson, he realizes none of the normal benefits property owners in the City can expect . Since there is no longer any access to the area, police and fire protection are not available . Mr. Anderson did indicate that his client might be willing to enter into an agreement where he would consider being re-annexed at some future time when adjacent property was developed and possible access to his property provided . It seemed to be the concensus of the Commission that it would be more to Mr. Echevarria' s advantage to remain in the City and that he would receive considera- tion for ingress and egress at such time as the territory around him is developed . The Commission ' s policy has been to make 7 -8 access available to areas in the City. After further discussion, John Pilote moved that the Commission recommend the property not be considered for disannexation. The motion was seconded by Bud Grant . Six voted in favor of the motion and two abstained. Motion carried. The County Planning and Zoning office has asked for a recommendation from the City on a request they received for a house to be built in the airport overlay zone . Roger Wilkinson submitted the request to construct an additional house on his property located near the freeway. There was some question about whether his property was in the City or in the County and Mr. Wilkinson was instructed to bring a legal description to the Engineering office so the location could be determined before a decision was made. Don Tolley also directed that a letter be sent to the Airport Commission enlisting their recommendation. A public hearing date of June 15 was set for a change in the subdi- vision ordinance minimum corner lot size from 8 , 000 sq . ft . to 7 , 500 sq . ft . to conform with the zoning regulations andalso for a change in the zoning ordinance to allow residences in commercial and indus- trial zones . Two rezoning requests that have been submitted will require changes in the Comprehensive Plan . One is from Boyd Harris to permit medium eigN density residentialdevelopment in Third Parkside Addition and pro- posed Park West Addition . The other is from Mrs . Elsie Steel , who wishes her property in Block 122 , Strahorn Addition , to he returned to a commercial zoning. -4- Tolley appointed a committee to study these Plan changes as well as any others that should be considered at this time . Committee mem- 0004N hers are : John Pilote (Chairman) , Tom Ensley, Bud Grant , Starr Farish and Mel Lewis . They will meet some time prior to the June 15 meeting and prepare a report . Next Mel Lewis read a statement on vision fences : Vision fences are permitted to a height of 4 feet in front setback areas and on rights-of-way with the exception of: 1 . They are not permitted in the sidewalk area or in a location that will impair the construction of sidewalks . 2 . They are not permitted in the sight triangle as defined by the State law. Permitting vision fences to a height of 4 feet was adopted as P and Z 78-5-9 policy. A motion to recommend to the City Council that vision fences he permitted on public rights-of-way with the exceptions stated above was made and seconded by John Pilote and Tom Ensley . Motion carried. Terry Soper was not present to discuss the grocery store at 18th Avenue and Cleveland Boulevard . r'1 Meeting adjourned at 10: 30 p .m. Respectfully submitted, Sylvia Robison Secretary pro tem