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HomeMy WebLinkAbout2008.12.11 PC MinutesMINUTES HUGO PLANNING COMMISSION December 11, 2008 Call to Order Chairman Schumann called the meeting to order at 7:07 p.m. PRESENT: Burmeister, Kleissler, Rosenquist, Schumann, Moore, McRoberts, and Weidt ABSENT: None ALSO PRESENT: Bryan Bear, Community Development Director Dennis Fields, Community Development Assistant Rachel Simone, Associate Planner Approval of Minutes of November 13, 2008 Weidt made motion, Rosenquist seconded, to approve the Planning Commission minutes of November 13, 2008 as presented. All Ayes Motion carried. Public Hearing for Dave Schumann - Property Line Adiustment Schumann recused himself from all deliberations regarding this item. Associate Planner, Rachel Simone gave a background to the Planning Commission and explained the applicants request. The applicant is requesting a property line adjustment for two properties located at 7630 137th ST CT N (lot 7) and outlot A, both located in the Deer Park Estates development. Also an amendment to preliminary plat conditions and an amendment to the development agreement for Deer Park Estates. Rachel explained the conditions that were to be removed if the application was to be approved. Staff finds that the request is reasonable and recommends approval. Kleissler opened the Public Hearing. Kevin Miller, 7634 137th ST Ct N, stated that he was not aware that a home owners association (HOA) was to be established. He was never informed that the outlot even existed from his realtor. He asked why Mr. Schumann was able to sell the property twice, and thinks they should establish the HOA and let them decide what to do with the property. Planning Commission Minutes — December 11, 2008 Page 2 The applicant Dave Schumann, 7626 137th ST Ct N, came forth to answer any questions. McRoberts asked why a home owners association hadn't been established. Schumann stated that it was his understanding that the home owners didn't want any part of the outlot and fees associated with taxes, dues, and maintenance of the property. That is why the HOA was never formed so it stayed in his name because the county doesn't recognize multiple owners without an identity like an HOA. He noted that it has been that way for the past 7 years and that he has been paying the taxes and fees during that period. Bryan added that it seems the development agreement was recorded without the conditions being satisfied. Today the City follows up to ensure that the conditions have been met. For whatever reason, this particular case did not, and the planning commission needs to make a choice as to what should be done, force the development agreement to create a HOA or approve the request. McRoberts feels that this could be a legal issue. Not sure who the owners are for sure, Schumann or the HOA that wasn't formed. Moore stated that they bought the property without knowing that they even had an outlot, so they aren't loosing out on it just keeping things they way they are now. Bryan stated that it is clear that Schumann is the owner because no HOA was formed. Mr. Miller stated that he was told he was a part owner of the outlot when he bought the lot. Richard Thompson, 7618 137th ST Ct N, agrees that Schumann is the owner of the lot because he is the only one that has been paying taxes on it. He also stated that he was not informed of the outlot by his builder or his realtor. Kleissler closes public hearing. Rosenquist wanted to get the legal opinion from the City Attorney to get his thoughts on the subject. Bryan stated that the City Attorney is comfortable with the process that staff is taking. McRoberts asked if he was aware that anyone was interested in starting a HOA. Bryan added that we didn't know if anyone would have wanted to establish a HOA that is what we are learning tonight at the public hearing. Schumann mentioned that he wasn't aware of anyone that wanted anything to do with the outlot, so no effort was made to start a HOA. He noted that he has made a lot of investment and has retained all of the costs to date on the property. McRoberts said that he wasn't concerned about the cost issues, but more the opportunity to have Planning Commission Minutes — December 11, 2008 Page 3 a part of the common lot. Weidt asked how many lots were in the subdivision. Schumann answered that there were 9 lots including his own. Weidt stated that meant there were 8 others, excluding schumann, and three of the eight homeowners were present that evening, only one of which that wants the outlot. Dennis added that one of the homes is under forclosure at the time as well. Miller asked if the parcel had separate tax ID number than the other lots, and if Schumann was planning to sell that piece of the property to the Beckers. Schumann said yes it does and yes he is benefiting from the sale. Weidt commented that he was comfortable with passing it as long as the City Attorney is ok with the process. Rosenquist thought that the commission should approve it and provide more in depth facts to the City Council. Burmeister noted that the parcel has very little value because it cannot be built on. Julie Miller, 7634 137th ST Ct N, asked if it could be continued to be subdivided, and stated that she doesn't want that language to be removed to allow it. Bryan stated that one option is that all of the home owners retain a portion of the outlot verses creating a HOA. Miller stated that he was only upset that Schumann was able to sell the property twice. Schumann answered that the outlot property was never sold in the first place. It has always been in his ownership. He only sold individual lots, and because there was no HOA established he retained ownership. Rosenquist motioned, Moore Seconded, to approve the property line adjustment and amendments to the development agreement. Ayes — Moore, Weidt, Rosenquist, Burmeister Nay — Kleissler, McRoberts Motion Carried. Planning Commission took 5 minute Recess. Planning Commission Minutes — December 11, 2008 Page 4 Sign Ordinance Text Amendment Rachel Simone reminded the Planning Commission about the process that staff used to review the current ordinance. She explained the Planning Commissions previous concerns and showed how the ordinance review committee worked through some of those concerns. The discussion was based around 4 main topics. Special event signs, pylon signs, height of freestanding signs and off site directional signs. One topic that was changed was a extension to allow special event signs past 90 days under extenuating circumstances. Rachel noted that staff felt that this would defeat the purpose of having this portion of the ordinance. Staff recommended approval of the text amendment without a change to allow for the special event sign extension. Schumann stated that he was comfortable with the changes. Weidt thought the changes were acceptable. Weidt made a motion, Moore seconded, to approve the sign ordinance text amendment with staff recommendation. All Ayes, Motion Carried McRoberts, on behalf of the commission, thanked Tom Weidt for his time and service on the Planning Commission and wished him good luck on the City Council. Adjournment Weidt motioned, Kleissler seconded, to adjourn. All Ayes. Motion carried. Meeting adjourned. Dennis Fields, Secretary Planning Commission