Plan Commission

MINUTES EAST TROY PLAN COMMISSION 2015 Energy Drive 7/8/2024 6:30 PM Call to order- President Johnson called the meeting to order at 6:30 p.m. Pledge of Allegiance Verification of open meeting notice – Administrator Suhm verified the meeting had been posted according to open meetings laws. Roll call: Present: President Johnson, Trustee Renucci, Commissioners Chris Bottoni, Roger Hayes, Jacob Lederhaus, John Merath, and Scott Seager Others: Zoning Administrator Sumwalt, Building Inspector Johnson, Administrator Suhm Citizen participation Kirk Stanford, 2955 Union Street, stated he is in favor of allowing cargo containers temporarily for construction purposes and suggested the use coincides with issuance of building permits. He believes polystrucutres should fall under a temporary use. He also spoke regarding the nonconforming structures, explaining he has one that is approximately six inches from the lot line with the eve hanging over the neighbor’s property. He has had a survey done to confirm this. If he follows code and wishes to enlarge the structure, he would be required to move it to the center of his yard and remove a tree. He encouraged the Plan Commission to review nonconforming structures carefully. Greg Pruess, 2951 Union Street, stated Kirk Stanford is his neighbor and approached him regarding his nonconforming structure. He does not believe what Mr. Stanford wishes to do will hurt his property by extending the structure. Tom Senft, 2141 Church Street, spoke regarding Oakridge Cemetery related to the new Starbucks development and bufferyards. Reviewed items in staff report, expressing concerns related to no bufferyard being required, timing of landscaping installation, and the elevation difference in the two properties. Tom Rossmiller, 3014 Graydon Avenue, also spoke regarding the Oakridge Cemetery related to the new Starbucks development. He stated if they do plant any trees on the edge, it should be on the perimeter of Outlot 1. Approval of Minutes – June 10, 2024 Motion by Trustee Renucci, seconded by Commissioner Seager, to approve the minutes dated June 10, 2024. Motion carried with Commissioner Hayes abstaining. Miscellaneous Business - None Ordinance/Code Amendments Items were taken out of order and discussed in this order: 2, 3 and then 1.  1. Continued discussion and direction to staff regarding a potential code amendment related to polystructures and cargo containers as accessory uses in residential zoning districts This item was discussed last. Zoning Administrator Sumwalt reviewed his memo and proposed ordinance revisions. Discussion included whether the carport canopy should require an improved surface, describing how it is attached to the ground, and adding composite material as an option provided it is mounted on a rigid frame. Zoning Administrator Sumwalt was asked to review the compliance issues addressed by code enforcement for temporary structures to determine if any of those would be allowed under the revisions proposed. The Commission also discussed the 14-day limitation on PODS and temporary construction storage, including cargo containers, being linked to the granting of an occupancy permit. Under proposed section 510- 48(8) the Commission asked that the final line be removed which allowed for the Village to inspect contents. It was discussed that they would rather leave that to the police department and the obtaining of warrants if it is determined to be necessary. 2. Discussion and direction to staff regarding potential code amendment related to bufferyard requirements for development proposals bordering a parcel not assigned a zoning district This item was discussed first. Reviewed the ordinance and associated table referencing Village zoning districts. Zoning Administrator Sumwalt explained some municipalities address this differently, basing the bufferyard requirements on the use of the properties rather than zoning. Any change to the ordinance will apply to lots 2-4 for the development at the intersection Highway ES and 20. Any change to the ordinance will not affect the prior approval of the Starbucks development for lot 1. It was confirmed no applications have been submitted for lots 2-4. Consensus of the Commission was to consider a revision to the ordinance so bufferyard requirements would also apply to Village properties adjacent to parcels that are not within the Village. Zoning Administrator Sumwalt will bring examples to the next meeting of how this can be addressed. 3. Discussion and direction to staff regarding nonconforming structures and setback This was the second item discussed by the Commission. Building Inspector, Scott Johnson, asked the Commission whether they would consider accommodations for older platted areas and nonconforming structures. He reviewed the current ordinance and prior ordinance related to nonconforming structures. The prior ordinance did allow for some modification of the structure, such as enlargement, if it were not creating a greater degree of encroachment. Current ordinance allows a nonconforming structure to be rebuilt identical to how it was. The Commission discussed the pros and cons of allowing this by a special exception process. Consensus of the Commission was some modification to the ordinance is necessary to address older platted properties and not to pursue a special exception process. They directed Zoning Administrator Sumwalt to draft an ordinance working with the Building Inspector. It was also directed that the ordinance should require an encroachment agreement if a building is built as-is and continues to encroach on another property. Recommendations for Future Agenda • Poly Structures • Use of shipping containers for residential properties • Bufferyards (added) • Comprehensive plan as it relates to affordable housing • Tiny homes as accessory uses in residential zoning districts • Revise application requirements for rezoning petitions • Potential regulations/information related to front-yard setbacks on side-loaded homes After completing the items discussed this evening, the next priority will be to return to the food truck topic. After that, President Jonson stated he would like to address the comprehensive plan as it relates to affordable housing. Next Meeting: August 12, 2024, at 6:30 pm, if needed Adjourn Motion by Trustee Renucci, seconded by Commissioner Merath to adjourn at 8:24 p.m. Motion carried. Respectfully submitted by Eileen Suhm, Administrator Note: Recordings of the meeting may be found on our YouTube Channel - Link: https://www.youtube.com/channel/UCGPfzVwLzE2Pqt4-g450Klg