Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, JUNE 7, 2022 ELKO CITY HALL, COUNCIL CHAMBERS 1751 COLLGE AVENUE, ELKO, NV 89801 I. CALL TO ORDER Jeff Dalling, Chairman of the City of Elko Planning Commission, called the meeting to order at 5:30 p.m. II. ROLL CALL Present: Jeff Dalling Stefan Beck Gratton Miller Mercedes Mendive John Lemich Michael Irish Absent: Garret Kamps City Staff Present: Scott Wilkinson, Assistant City Manager Cathy Laughlin, City Planner Michele Rambo, Development Manager Bob Thibault, Civil Engineer Jamie Winrod, Fire Marshal Shelby Knopp, Administrative Assistant III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments made at this time. V. APPROVAL OF MINUTES June 7, 2022 City of Elko Planning Commission Meeting Minutes Page 1 of 9  A. May 5, 2022 Regular Meeting - FOR POSSIBLE ACTION ***Motion: Approve minutes from May 5, 2022 as presented. Moved by Mercedes Mendive, Seconded by Stefan Beck * Motion passed unanimously. (6-0) VI. NEW BUSINESS A. PUBLIC HEARING 1. Review, consideration and possible action on Variance No 2-22, filed by Arnold Beck Construction Inc., for a variance from Elko City Code 3-2-2 Definitions for the rear lot line defined on an irregular lot, APN 001-929-150, and matters related thereto. FOR POSSIBLE ACTION The applicant submitted for a building permit which was denied by City Staff based on the rear lot line defined in 3-2-2 Definitions for an irregular lot. The applicant has applied for a variance from that definition and would like to build the new home as proposed. Commissioner Michael Irish recused himself, because of a business relationship with the applicant. Nathan Beck, 283 Greencrest Drive, explained that you could see from the map that they were working with an irregular shaped lot. It has a big radius, and according to the City Code, it requires the rear setback to be at an odd angle, as opposed to the regular 20-foot setback that they normally deal with. The houses above it show a good example of the standard layout. Looking at the houses on Pheasant, everything is relatively uniform and parallel to the road. With the odd shaped lot, the Code requires a diagonal angle as the rear setback. That requires them to put the proposed home at an angle, or parallel to the middle curve of the road. It is going to look odd on the road compared to adjacent homes. It will also render a small back yard. The houses along Pheasant have typical backyards. That is what they would like to keep with this lot as well. It is possible to build the house at an angle. The shallowest part from the back of the home to the property line would be about 10 feet. The main issue is the radius of lot; it does create a hardship at placing the house uniform with the other homes. Chairman Jeff Dalling asked if Mr. Beck was going to be putting the house at the very north end of the lot. Mr. Beck explained that they wanted to scoot it back to the maximum setback, which is 5.5 feet, so it will be uniform with the adjacent home. They wanted to keep the 20-foot rear setback. With the current City Code, they would be encroaching by about 4 feet over the existing setback. Chairman Dalling asked if the applicant had anything else to add. June 7, 2022 City of Elko Planning Commission Meeting Minutes Page 2 of 9  Mr. Beck provided a sketch. He explained that the image at the top was how they would be required to position the home, and the image on the bottom was what they were proposing. What they were proposing lined up more with the adjacent homes. Cathy Laughlin, City Planner, began going over the City of Elko Staff Report dated May 20, 2022. Commissioner Stefan Beck asked for clarification on the rear lot line. Ms. Laughlin explained the defintion and where the rear lot line was located. Chairman Dalling asked if the parcel would have been two lots if the applicant could build the house as proposed and then combine the lots. (Yes) Ms. Laughlin finished going over the Staff Report. Staff recommended denial with the facts and findings in the Staff Report. Michele Rambo, Development Manager, went through the Development Memo dated May 19, 2022. Ms. Rambo recommended denial of the Variance, because there is no legal hardship. Bob Thibault, Civil Engineer, referrence Exhibit C in the Development Department Memo. He explained that the black outline was what the applicant had proposed. At the top right corner, you can see that the house is encroaching into the imaginary back lot line. The green option was what code would require. It would require a small shift, which is what the applicant is unwilling to do, and the reason for this application. It is certainly possible to build the home code compliant. It is a minimal rotation from what the applicant is proposing. Mr. Thibault thought it was feasible. He went on to explain that he had some comments, which were included in the Staff Report. Mr. Thibault recommended denial. Jamie Winrod, Fire Marshal, had no comments. Scott Wilkinson, Assistant City Manager, supported staff's recommendation to deny the variance. Chairman Dalling felt that he liked the black outlined proposal better in Exhibit C of the Development Department Memo. He thought it fit better. He said sometimes you go up against the City and get told no, so sometimes you have to come to the Planning Commission, which is why they are here. Personally, Chairman Dalling thought it fit well as proposed. Commissioner Beck agreed with Chairman Dalling. He mentioned that there was a memorandum from the Development Department with a recommendation of denial. There are six items and Commissioner Beck read No. 4 and 5 into the record. He didn't think it was going to affect anything in a negative way. As Chairman Dalling mentioned, why is there a Planning Commission. He understood that there were rules and regulations, but he thought it was important to take into consideration human input. Commissioner Beck said that he liked the original intent better. He asked Mr. Beck why he didn't want to rotate the home. June 7, 2022 City of Elko Planning Commission Meeting Minutes Page 3 of 9  Mr. Beck explained that the main reason was that he wanted to keep something of a back yard. He was looking at it in relation to the adjacent houses and keeping uniformity throughout the subdivision. All the adjacent homes on Deerfield, on the same side of the street, are parallel with the street. He was looking at it from an aerial perspective, and from the human element, it fit better that way. He also believed that the home buyers would appreciate having more of a back yard, compared to an odd shaped, angluar backyard. That was the reason he drew it up that way and that was his argument. Chairman Dalling thought the end user would be much happier if they bent a rule here to give them a backyard. Commissioner Gratton Miller asked how splitting the parcel would effect it. Mr. Beck thought if they went that route, the lot would be too small to build the home that is proposed to go on this lot. Ms. Laughlin also added that they would be creating an unusable parcel, which wouldn't be approved. She also didn't think that the final map for the subdivision allowed any merger or divisions of parcels. Mr. Wilkinson encouraged the Planning Commission, if they decided that the Variance should be approved, to have some discussion on what the hardship is and articulate that in the motion. Commissioner John Lemich said he knew the applicant was doing a subdivision and wanted to keep everything conforming to a certain pattern. He asked if the applicant could use a different house on the lot. Mr. Beck asked if Commissioner Lemich was referring to switching the house model to fit better on the lot. (Yes) Mr. Beck explained that this particular house was a presold home, so they buyer has picked out their house model. He explained that they could rotate the house, make it fit, still build the house, and sell it. Mr. Beck said his argument was for the sake of the end user. He also argued that the radius created the hardship, which was beyond his ability to change and make it more in conformance with the surrounding lots. There was discussion regarding approving the variance and the Planning Commission figuring out the correct findings. ***Motion: Approve Variance No. 2-22 with the following findings: 1. There is an irregular shaped lot. 2. The irregular shaped lot creates an undue hardship to the developer. 3. Such special circumstances or conditions do not apply generally to other properties in the same zoning district. June 7, 2022 City of Elko Planning Commission Meeting Minutes Page 4 of 9  4. The granting of the variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public interest, health, safety and general welfare. 5. The granting of the variance will not substantially impair the intent or purpose of the zoning ordinance or effect a change of land use or zoning classification. 6. The granting of the variance will not substantially impair affected natural resources Moved by Gratton Miller, Seconded by Stefan Beck * Motion passed unanimously. (5-0) B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration and possible approval of Site Plan Review 1-22, filed by SGDesign, Inc. on behalf of Wells Fargo, for the approval of a stand-alone ATM located on APN 001-261-004, within the C- General Commercial zoning district, and matters related thereto. FOR POSSIBLE ACTION. Wells Fargo is proposing to have a drive-thru ATM located on this parcel without a principal permitted use of a financial institution. The Planning Commission can do a site plan review to determine if the location, character and extent of improvements are appropriate to be within the C- General Commercial zoning district. Commissioner Miller recused himself. Sandy Abel, 2852 Canyon Drive, Grapevine, Texas 76051, explained that Wells Fargo sold the building next door to the lot in question. They would like to continue to service that end of town, so they would like to install a stand-alone drive-thru ATM. Ms. Laughlin went through City of Elko Staff Report dated May 17, 2022. Staff recommended conditional approval with the findings and conditions listed in the Staff Report. Chairman Dalling asked who would get to park on the lot. Ms. Abel explained that it would continue being public parking. Ms. Rambo had no comments Mr. Thibault recommended approval as presented. Ms. Winrod had no comments. Mr. Wilkinson recommended approval as presented. Commissioner Lemich asked if alleys were allowed to be used as entrances. June 7, 2022 City of Elko Planning Commission Meeting Minutes Page 5 of 9  Ms. Laughlin said they are. She explained that alleys are considered public ways. Commissioner Lemich pointed out that there wasn't a barrier for the side of the Thunder Bird. Ms. Laughlin explained that in the proposed design it was just striping along that wall. Right now, there are wheel chocks, but the applicant is just proposing painting on the existing asphault. Chairman Dalling and Commissioner Lemich discussed a pony wall or a curb. Chairman Dalling asked what the lot size was. Ms. Laughlin said it was 50' by 100'. Chairman Dalling said, personally, he wouldn't put an ATM on a nice lot like that. He thought the Wells Fargo building would still get to utilize some of the parking. He thought if they had a curb along the Thunder Bird wall, it would provide some protection. Commissioner Lemich said they are losing banks everyday downtown, and they needed everything they can get downtown. ***Motion: Approve Conditionally approve Site Plan Review No. 1-22, subject to the conditions listed in the City of Elko Staff Report dated May 17, 2022, listed as follows: 1. Building permits will be required for the proposed structure and site. 2. Egress from the parcel to Idaho Street to remain as a right only turn, with proper signage. Ingress from Idaho Street to the parcel is prohibited. 3. When excavating on the property use caution. We show a water service to this lot. After the valve in the sidewalk, it is unknown where the water service line goes after entering the property or what it feeds, if anything. 4. Add the lot dimensions on the site plan. Commissioner Beck’s findings to support the motion were the proposed development is in conformance with the Land Use Component of the Master Plan and meets several goals and objectives of the Master Plan. The proposed development is in conformance with the existing transportation infrastructure and the Transportation Component of the Master Plan. The site is suitable for the proposed use. The proposed use is consistent with surrounding land uses. The proposed use is in conformance with the development standards shown in City Code 3-2-10 General Commercial zoning district. The proposed development is in conformance with 3-2-3, 3-2-17, and 3-8 of the Elko City Code. The proposed development is in conformance with the Redevelopment Plan. Moved by Stefan Beck, Seconded by John Lemich * Motion passed unanimously. (5-0) June 7, 2022 City of Elko Planning Commission Meeting Minutes Page 6 of 9  2. Review, consideration, and possible recommendation to City Council for Vacation No. 3-22, filed by Karen Hernandez, for the vacation of the southwesterly portion of Carlin Court, consisting of an area approximately 1,000 sq. ft., and matters related thereto. FOR POSSIBLE ACTION The applicant is requesting a vacation of 5’ of Carlin Court in order to accommodate a retaining wall which is required for the installation of public improvements along Carlin Court. The intent is to assure the wall and footing are constructed outside of the right-of-way. City Council accepted the petition for the vacation on May 24, 2022. CL Lana Carter, Carter Engineering, explained that the lot has some topography challenges and they are being required to put in their public improvements, which will include sidewalk along Carlin Court. In order for this to fit, they will need to put in a retaining wall. They would like to put the retaining wall in along the area on Carlin Court where they would be installing the curb and gutter, and staff recommended that they keep the retaining wall within private property, including the foundation. It would be helpful and the property owner would not lose usable space. Staff felt that this right-of-way was in excess. They went ahead and filed for this vacation hoping that it would allow them to place a retaining wall along the current property line, but keeping the footing out of the right-of-way. Ms. Laughlin went over the City of Elko Staff Report dated May 25, 2022. Staff recommended conditional approval with the findings and conditions listed in the staff report. Ms. Rambo had no comments. Mr. Thibault recommended approval as presented. Ms. Winrod had no comments Mr. Wilkinson recommended approval as presented by staff. ***Motion: Approve Forward a recommendation to City Council to adopt a resolution which conditionally approves Vacation No. 3-22 subject to the conditions listed in the City of Elko Staff Report dated May 25, 2022, listed as follows: 1. Approved conditions are to be included in the Resolution. 2. The applicant is responsible for all costs associated with the recordation of the vacation. 3. Written response from all non-City utilities is on file with the City of Elko with regard to the vacation in accordance with NRS 278.480(6) before the order is recorded. Commissioner Miller’s findings to support the recommendation were the proposed vacation is not in conformance with the City of Elko Master Plan Land Use Component, but will not jeopardize the goals and objectives of the Master Plan. The proposed vacation is in conformance with the City of Elko Master Plan Transportation Component. The proposed June 7, 2022 City of Elko Planning Commission Meeting Minutes Page 7 of 9  vacation is in conformance with NRS 278.479 to 278.480, inclusive. The proposed vacation is in conformance with City Code and 8-7. Moved by Gratton Miller, Seconded by Mercedes Mendive * Motion passed unanimously. (6-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin reported that at the City Council Meeting on May 10th, they conducted the first reading for Ordinance No. 870 for the zone amendment for the Colt Drive Townhomes. They also accepted the petition to sell two City owned parcels on N. 5th Street. It will now go out for appraisal, and come back to the City Council as a public hearing and public auction. On May 24th, the City Council approved an artwork agreement for the artwork we are seeking for the downtown, and approved the artwork request for proposals. They also accepted the petition for the vacation on Carlin Ct. B. Summary of Redevelopment Agency Actions Ms. Laughlin reported that there was a RAC Meeting. One Storefront Grant was approved. They left the application period open until all the funding is allocated. Applications will start again on January 1st. There is still $25,000 remaining for the 2022 application period. The artwork is in progress right now. We are seeking bids on the concrete pedestals. C. Professional articles, publications, etc. 1. Zoning Bulletin a Zoning Bulletins - INFORMATION ONLY NON-ACTION ITEM D. Miscellaneous Elko County E. Training Ms. Laughlin pointed out that the Commissioners were provided a flyer for the Nevada Rural Planning conference, which is being held here in Elko in August. If anyone is interested in attending it is a day and a half. There will be multiple sessions on a variety of different topics. The City of Elko will pay the fees for any Commissioners that wish to attend. If you do want to attend please let Ms. Laughlin or Ms. Knopp know in the next couple of weeks. Commissioner Lemich asked if Thursday was the full day. Ms. Laughlin explained that Thursday was the full day and Friday was a half day. There will be some sessions on Planning laws and ethics, June 7, 2022 City of Elko Planning Commission Meeting Minutes Page 8 of 9  Chairman Dalling felt like staff was upset with the Commissioners for approving the variance. He said that's why they are here; to be a middleman. They all felt like it wasn't perfect and like it was a grey area. He recognized that staff worked hard and mentioned that the Commission wasnt trying to poo poo on their hard work. He didnt mean for there to be any ill will there. Mr. Thibault said there was certainly no ill will taken. He added that he didn’t take it as the Commission going against staff, but going against Code. Staff all looked at the layout and said it looked good and asked how they would justify it in the code, and they couldn't, so the applicant had to come to the Commission for a variance. Staff doesn't have the power to say that they like it, so lets just do it, but the Commission does. Chairman Dalling thought the board did a good job at keeping to the code. Mr. Wilkinson said the Planning Commission adhered to the Code, determined there was a hardship, and did not disregard the Code in the motion. He said he wouldn't want to have any misconseption, or impression, out there that the Planning Commission did not adhere to the Code. Mr. Thibualt thanked Mr. Wilkinson for his clarification and added that the purpose of a variance is to allow somebody something different from what the Code requires. Therefore, that was done correctly. 1. Variances VIII. COMMENTS BY THE GENERAL PUBLIC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTION WILL NOT BE TAKEN There were no public comments made at this time. NOTE: The Chairman or Vice Chairman reserves the right to change the order of the agenda and if the agenda is not completed, to recess the meeting and continue on another specified date and time. Additionally, the Planning Commission reserves the right to combine two or more agenda items, and/or remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. ADJOURNMENT There being no further business, the meeting was adjourned Jeff Dalling, Chairman Gratton Miller, Secretary June 7, 2022 City of Elko Planning Commission Meeting Minutes Page 9 of 9