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HomeMy WebLinkAbout04/16/1980 P&Z MinutesPlanning and Zoning Board OK •April 16, 1980 Mr. Heath called the meeting to order at 7:31 P.M. Members present; Prokop, Johnson, Heath, Bathke, Schwankl. Absent; Reinert, Doocy. The minutes of the last meeting. Mr. Heath said that in the April 2, 1980, his comment was not in reference to multi - family - he ask to have 'multi - family and insert ' expansion residential' and this deals with already developed areas. Mr. Johnson moved to accept the minutes of April 2, 1980 with the above corrections. Seconded by Mr. Prokop. Motion declared passed. The first item on the agenda was Sunset Oaks, 2nd Additions. An attached statement says Mr. Roy Stanley would like an official denial of the plat at a regular meeting. Mr. Stanley felt that there is no way this will ever become industrial within the next 20 years. Mr. Stanley felt this parcel of land has very poor access to the interchange. The Planning and Zoning Board was concerned with losing this amount of industrial lands from the Comprehensive Plan where would land be taken from to replace this? Mr. Stanley suggested looking at the lands on the Northwest corner of IIILilac and 4th for an industrial site. Mr. Prokop suggested that if this proposal is to be considered, then the property owner should be consulted. Mr.Bathke moved to table this for more information as to alternatives to this proposal. Mr. Stanley to discuss this with Mr. Short, keeping in mind the Planning and Zoning Board would considered a parcel of land in another area for a possible trade off. Seconded by Mr. Prokop. Motion carried. Mr. Dennis Schultz had applied for a variance for a long driveway. This was deferred since Mr. Schultz was not present. The special use permit from Molin Concrete was considered next. This was also deferred since there was no representative present. The Plat of El Rehbein & Son - Lakes Add. #6 was next on the agenda. There was no representative. A special use permit for Mary Gooddale was next considered. This is for building ornamental iron rails. This is located on Lakeview. These railings are fabricated at that location and installedon -site. The land involved is 2 acres. Only one acre is being utilized, the remaining acre is empty. The location of the garage where this work is being done was discussed. IIIThe signatures of the surrounding residents was considered. Mr. Johnson moved to recommend approval of this special use permit with an annula review. Mr. Prokop seconded the motion and asked, if Mr. Schumacher would elaborate on the statement 'that special use permits are issued to the property, not the owner and outline the problems that could occur for the Council or the Building Inspector. Planning and Zoning Board April 16, 1980 ..Pa ge Two Mr. Schumacher explained that special use permit pre administratively equivalent to rezoning, and must be handled as such in order to revoke. Mr. Johnsonamended the motion to include 'this special use permit is only for lot three'. Mr, Prokop seconded the amendment. There are no plans to expand this business, Mr. Johnson amended the motion to add, that there shall be no more that 3 persons working there at any one time. Mr. Prokop seconded this amendment. The motion and amendments passed with Mr. Prokop voting, No. The rezoning application of Rite -Way Waterproofing was discussed at this ti m. Mr. Schumacher explained that only the first 300 feet of this land is zoned commercial and the remaining portion of the lot is zoned residential /agricultural. This request is for rezoning the entire parcel to Light Industrial. Mr. Prokop moved to recommend approval of this rezoning rquest. SEconded by Mr. Johnson. Motion declared passed. A plat for Schunemann Corner was next on the agenda. No one was present. The Mar -Don Homes request was also deferred until someone was present. Mr. Pat O'Gara request for a variance to allow a side of less than 10'. IIIThis is to correct a side lot line. The home was constructed too near the side lot line. Mr. Tim Rehbine explained that he had contacted the neighbor and he would prefer the variance - did not say he would not sell the 3' - but felt it would be much cleaner by allowing the variance. This does not involve surveying, deeds, etc. This was not discovered until after closing. The side set back to the foundation is 8;6 ", with a fireplace making is 7'4 ". Mr. Rehbine was told that a survey would be necessary. The general consensus of the Board was that if this measures out to be at least 7 feet, and with a survey, this could be approved. Mr. Johnson moved, Mr. Prokop seconded to table for the suevey. Motiond passed. There was a recess called at this point. The meeting reconvened and the Schunemann Corner Plat was considered at this time. Mr. Short's comments were read by Mr. Heath. He felt this plat met the requirements with the exeception of a 9' foot easement on lot 3. This was explained the home owner abutting this lot wishes to purchase that extra nine feet. This will indicated as an outlot on this plat. Mr. Short's letter continued, - - -- There was a suggestion that this plat be considered for re- subdivision. There was also the recommendation that money in leiu of land be accepted from this plat for Park purposes. The Planning and Zoning discussed the future possibility of subdividing these lots with the suggestion as to the location of the streets and where the present buildings should be located in order to avoid problems if and when this occurs. Planning and Zoning Board April 16, 1980 411Page Three TO Mr. Schunemann was asked if he had 9a1, objections to platting this into a sewered type plat. Mr. Schunemann said he wasn't sure what he was going to do with that land - he felt he would probably sell one of the larger lots to finance his own home. The Board felt that this would not hinder the sale of the land in the larger portions - just this type of platting would dictate where a home could be constructed in order to sell the other lots at the time the land is sewered. Mr. Johnson moved to recommend acceptance of the plat as presented , subject to payment of fees and Park dedications, with the stipulation that provisions be made for future interior streets on the West side of Lot 3 and the North side of Lot 4 as indicated on the print. Seconded by Mrs. Schwankl. Mr. Johnson suggested that the interior street should be described as having a center line on the North line of lot 4and the West line of lot 3. Mrs. Schwankl seconded the amendment. Motion declared passed. The special use permit application of Mr, Kenney was considered. This permits requests permission f6r florist shop in their home. The signa- tures of the surrounding home owners had been obtained. Since this land has a commercial zoning there was a question if the special use permit was really necessary. It is because of the residential use of the surrounding lands. • The surface of the driveway was discussed. At the present time it is crushed concrete, but Mr. Kenney plans to surface the driveway. Mrs. Schwankl moved to recommend approval of the special use permit for Council consideration, with the stipulation that a dust free driveway be installed. Seconded by Mr. Bathke. Motion declared passed. The special use permit for Bio -Lab was to be considered but no one was present to represent that firm. The special use permit for Gearman was considered. This request is to to construct concrete industrial building, 50'x150' for sgy ra'g _ . This A► firm is in the construction business. This land has a'Vzoning classifi- cation at this time. This lot is located just North of the Rehbein Transit Company barns. The need for a permit from the State for access onto Highway #49 was noted and Mr. Gearman said he has contacted them and the application has been filed. Mrs. Schwankl moved to recommend approval of this request subject to the installation of a dust free parking lot. Seconded by Mr. Prokop. Mr. Johnson suggested a screening on the North boundary. Mrs. Schwankl amended her motion to include this requirement. Seconded by Mr. Prokop seconded the amendment. Motion declared passed. ill The special use permit application of Mr. Marcel LeRoux was considered. This is for the removal of topsoil for preparation of the land for farm- ing or development. • Planning and Zoning Board April 16, 1980 Wage Four • There was discussion on the transferring of a parcel of land with a 60' wide frontage leading into a parcel containing 2+ acres. Mr. Scherer brought the Board up to date as to the history of this land. The State Higway department condemned this property and used the soil for the construction of 135E. A bank has been left on the South side of the property. Mr. LeRoux is asking for a special use permit to remove this bank in order to make this land usable. Even with the removal of this soil, the land will be still at a higher elevation than 64th Street. There was general discussion on the finished grade level and how this was esbilished. Mr. Johnson asked to have Mr. Gotwald's comments on this matter in writ- ing. There was also discussion on the need for a topog map. It was generally felt that one had been prepared, but Mr. LeRoux said they would have another prepared, if necessary. The letter of credit should be in the amount of $11,887.00 for the restoration of 64th Street. It will also be neccasry to prepare plans for the finished grade as compared to the existing grade in order to compute the amount of dirt being taken from that area. Mr. LeRoux is planning on only two 2 acres at a time, thus the topog map willib0Prepared for each area,making sure the area being worked on is com- pleted before the next one is started. Mr. Prokop moved to table. Motion declared passed. Special Use Permit - Marvin Emly - for a general reparge shop on his property on 62nd Street off Ware Road. Mr. Emly explained the lots in the area are all very large. This is for working on cars. Mr. Bathke moved to recommend this special use permit. Seconded by Mr. Johnson. Motion declared passed. srvowc v A special Use Permit for the extension of the use of the land being used for auto salvage, remodeling of existing building to include use parts sales and additional fence. L-- The front of the building will be remodeled in order to made the build- ing on the North conform to the existing buildings. Mrs. Schwankl moved to recommend approval of this special use permit. Seconded by Mr. Johnson. To include a drawing. Motion declared passed. The application of Mar Don Acres for the rezoning of lots in that plat, 11 through 4, Block 2, to be rezoned to duplexes. The percentage of lots this represents was discussed. Mr. Schumacher III said they had not considered the percentage, just that it was generally felt the lots for duplexes should be in one portion of the plat. Mr. Heath suggested lots 6 through 11, Block 2, be considered for this rezoning. . Planning and Zoning Board • April 16, 1980 •Pae Five • Lot 5 is to be included in this also making the numbers lots 5 through 11. The general feeling of this Board was that they would prefer to hold this number of lots to 15% of the overall plat. Mr. Tramm presented a design of the proposed duplexes which are two floor but side by side duplexes. Mr. Bathke moved that Block 2, Lots 5 through 11 be recommneded for rezoning to R2. Mr. Prokop added that one copy of the developer's sketch be included in this proposal for Council consideration. Seconded by Mr. Johnson. Motion delcared passed. The lot split for Mrs. McClean was considered. The representative said he had called a surveyor and it had been suggested, that in order to save money, they felt that an indication of whether this lot split would be allowed would be advisable before the actual work is done. This lot is a corner lot facing Sunrise Avenue with the side street being Fairmont. This lot contains approximately one acre and has one house on the lot at this time. This type of split has been allowed in this area in the past. The general consensus of the Board was that this would be allowed. The representative was advised to proceed with the variances for this split. The next item to be considered was a request from Mr. & Mrs. Illg for the placement of a trailer on private property located along Pine Street. Mr. Illg owns 5 acres of land at that location, Mr. Schumacher presented the Council's request that this be submitted as a special use permit. The fee has been paid, pictures of the trailer are attached. Mr. Schumacher reminded the Board that Ordinance 6Q allows Moble homes in a mobile home park only. The legality of this was discussed.. It was felt that if this is allowed it would almostVimpossible to disallow the next request for the same thing. Mr. Johnson felt this was creating an ongoing problem. Mrs. Illg was asking for permission to keep the mobile home on that property for at least five years. Mr. Johnson felt this would open the door for many more requests of this same nature and this Board would find it hard to deny these requests. Mr. Barthke felt this Board was being asked to make a concession due to the economy and he flet this is something all persons are facing the same problem/ This City's Ordinance states that mobile homes must.'be placed in a mobile home park. He felt this family was not being placed in a position any different than many other mobile home owners. Mr. 0 Johnson felt this could lead to a city of temporary homes. Mr. Bathke moved to recommeded to the Council that this special use permit application be denied. Seconded by Mrs Johnson. The motion declared passed. • Planning and Zoning Board ,' April 16, 1980 Page Six. There was no old business for discussion. There was no new business for discussion at this time. Mr. Prokop moved to adjourn. Seconded by Mr. Johnson. Aye. • •