Regular Meeting

CITY OF ELKO PLANNING COMMISSION REGULAR MEETING MINUTES 5:30 PM, TUESDAY, NOVEMBER 4, 2025 ELKO CITY HALL, COUNCIL CHAMBERS 1751 COLLEGE 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 Garret Kamps Mercedes Mendive John Lemich Michael Irish Carlos Nunes City Staff Present: Dale Johnson, Assistant City Manager Cathy Laughlin, City Planner Ralph Negron, Development Manager Rachel Randall, Planning Technician III. PLEDGE OF ALLEGIANCE IV. COMMENTS BY THE GENERAL PUBLIC There were no public comments. V. APPROVAL OF MINUTES A. October 7, 2025 - Regular Meeting. FOR POSSIBLE ACTION ** A motion was made by Secretary Kamps, seconded by Vice Chairman Beck to approve the minutes from the October 7th, 2025, regular meeting. The motion passed unanimously. (7-0) VI. NEW BUSINESS November 4, 2025 City of Elko Planning Commission Meeting Minutes Page 1 of 6  A. PUBLIC HEARING 1. Review, consideration and possible action on Variance No. 2-25, filed by Patrick Pemelton, to allow for a reduction of the rear yard setback from 20.00 feet to 1.50 feet within an R (Single-Family and Multiple-Family Residential) Zoning District, and matters related thereto. FOR POSSIBLE ACTION The subject property is generally located on the east corner of the intersection of 8th Street and Sage Street, 1376 8th Street and referred to as APN 001-620-007. CL No planning commissioners needed to sit this item out. The applicant was not present. There were no public comments. Moving on to comments from City Staff, Cathy Laughlin, City Planner, went over the City of Elko Staff Report dated October 17, 2025, provided in the agenda packet. The property owner, the same as the applicant, was proposing to convert the property from a single-family residence to a duplex, with the basement becoming an accessory dwelling unit. The proposed variance was in conformance with both the Land Use and Transportation components of the Master Plan. The property was not located within the Redevelopment Area nor within a 20-year capture zone for any City well. The property met all minimum area, lot width, lot depth and setback requirements found under Section 3-2-5, Residential Zoning Districts, apart from the 20-foot rear yard setback. On a corner lot the shorter of the two property dimensions would be the front, which in this case was off Sage Street, therefore the rear would be opposite, off the alley. The existing garage was just 1.77 feet to 2.1 feet away from the rear property line, thus the request for a variance. The conversion to a duplex would trigger additional parking as required under Section 3-2-17, Traffic, Access, Parking & Loading Regulations. To conform, the owner was proposing two stalls off Sage Street as indicated on the site plan. All six criteria found in Section 3-2-22, Variances, needed to be met for a variance to be granted. Staff believed that was the case, citing the building was an existing structure that had been permitted by the City of Elko many years ago and constructed within the rear yard setback, it just didn’t meet today’s standards. Had the garage been detached the rear yard setback would have been zero-foot compared to the 20-foot setback for an attached garage. Granting a variance would not result in material damage or prejudice to other properties among the other considerations. There were ten findings and two conditions, and Staff recommended conditional approval. The planning department’s condition was related to another application, Vacation 5-25, also filed by the applicant, that was on the schedule for City Council’s meeting next week. Ralph Negron, Development Manager, recommended approval as presented. Dale Johnson, Assistant City Manager, approved as presented. Moving on to questions from the board, Commissioner Carlos Nunes asked why a variance was needed if the structure had been permitted when it was built. Chairman Dalling also wanted to know what year it was constructed. November 4, 2025 City of Elko Planning Commission Meeting Minutes Page 2 of 6 Ms. Laughlin responded that it was constructed in the 1970s. City code could have been different at that time, but it was hard to go back and research it. The conversion from a single-family residence to a duplex was a change of use which triggered compliance with the current code. Chairman Dalling commented that he liked the point about if it was a detached garage the rear setback would be zero-foot. A lot of tree street properties had their garages on the property line. It was not abnormal. Commissioner Mercedes Mendive concurred, stating her garage was positioned just so. Commissioner John Lemich asked about the configuration of the duplex and how the garage would be utilized. Ms. Laughlin responded it would be split upstairs/downstairs. The garage would continue to be used for parking but would be for the basement unit as that was how the unit would be accessed as well. The two new off-street parking stalls off Sage Street would be used for the upstairs unit. Public comments were called for once more, but there was no response. ** A motion was made by Commissioner Mendive, seconded by Commissioner Lemich to approve Variance No. 2-25 subject to the conditions in the City of Elko Staff Report dated October 17, 2025, listed as follows: 1. Vacation 5-25, vacating a portion of Sage Street, be approved and recorded. Building Department: 1. An accessory dwelling unit (attached) shall be permitted and meet the fire separation, emergency egress and means of egress requirements of IRC R302, R310 and R311 respectively. Commissioner Mendive’s findings to support the motion are the proposed variance is in conformance with the Land Use Component of the Master Plan. The proposed variance is consistent with the Transportation Component of the Master Plan. The property is not located within the redevelopment area and consideration of the plan is not required. The proposed variance is consistent with City of Elko Wellhead Protection Plan. In accordance with Section 3 2-22, the applicant has demonstrated the special circumstances or features regarding the parcel as the property has been developed for many years within the rear yard setback. In accordance with Section 3-2-22, the applicant has demonstrated that there is practical difficulties or exceptional undue hardships, which constitutes an abridgment of property right and deprives the property owner of reasonable use of property. Granting of the variance may not result in material damage or prejudice to other properties in the vicinity. Granting of the variance will not substantially impair the intent or purpose of the zoning ordinance. Granting of the variance will not impair natural resources. The parcel is not located within a designated Special Flood Hazard Area. The motion passed unanimously. (7-0) November 4, 2025 City of Elko Planning Commission Meeting Minutes Page 3 of 6  B. MISCELLANEOUS ITEMS, PETITIONS, AND COMMUNICATIONS 1. Review, consideration, and possible action to set regular meeting dates as well as special meeting dates for 2026, and matters related thereto. FOR POSSIBLE ACTION The following dates are the first Tuesday of each month: January 6, 2026 February 3, 2026 March 3, 2026 April 7, 2026 May 5, 2026 June 2, 2026 July 7, 2026 August 4, 2026 September 1, 2026 October 6, 2026 November 3, 2026 December 1, 2026 Chairman Dalling said the dates listed worked for him. If there were no extreme conflicts with the others, he was ready for a motion. ** A motion was made by Vice Chairman Beck, seconded by Secretary Kamps to keep all 2026 Planning Commission meetings on the first Tuesday of every month. The motion passed unanimously. (7-0) VII. REPORTS A. Summary of City Council Actions Ms. Laughlin said during the meetings in October, City Council approved the tentative map for Tower Hill Unit 5 as well as a revocable permit to occupy right-of-way at 9th Street and Railroad Street for some existing signage and landscape planter areas. They also took action on a number of items to clean up some of the mapping in the 13th Street and Fairgrounds Road area that Staff has been working on for quite a few months. The old mapping of the city showed 13th Street going right through the middle of a parking lot instead of where it was built, which was discovered while working on the renewal of the fairgrounds lease, triggering two vacations and an easement. Working with a surveyor, it was also discovered Fairgrounds Road and Elm Street were not dedicated rights-of-way, so that will be the next step. Finally, City Council took action to waive curb, gutter and sidewalk requirements and street development for all of Metzler Road until Staff could take the time to get additional right-of-way dedicated and a street design complete. Only then would it be brought back before the Council to November 4, 2025 City of Elko Planning Commission Meeting Minutes Page 4 of 6 remove the waiver for any future development. There have been a couple of properties on Metzler Road that have recently sold or had a change in use that were being impacted by these requirements. B. Summary of Redevelopment Agency Actions Ms. Laughlin said the downtown sidewalk project was wrapping up. The City’s final walk through with the contractor will be tomorrow. There will be a punch list and then we'll take it before the Agency for substantial completion. The tree planting will be delayed until spring on the five-hundred block. There will be a one-year warranty on the work in addition to that. Other than that, the project has turned out well. Once it is done the RDA will meet again and start on the next project in line. It will take years to get the funding, but we’ll get ready to go on it. The Agency put in a request with the Elko County Board of Commissioners to purchase the two Elko Inn properties from the Elko County Treasurer’s Trust who had taken possession with a treasurer’s deed. The previous property owner was notified and had 90 days to pay the back property taxes plus penalties and fees. On the 90th day, 11th hour, they paid their property taxes, which was a disappointment, because had they not done so, the Agency could have bought the properties for the cost of the taxes and cleaned them up. Commissioner Mendive agreed with the sentiment and commented that it had been a beautiful hotel. Vice-Chairman Stefan Beck commented the owner was just letting the hotel deteriorate and agreed that it used to be the most beautiful place. Commissioner Lemich added that Leo (Morandi) was turning over in his grave. What was the City’s plan for the property had they got it? Ms. Laughlin replied that under Nevada Revised Statute 279 redevelopment agencies had a lot of authority and options. The City would have immediately had a structural analysis done on the property to find out if it was sound or not. Then we could have turned around and offered it to different entities. We could have put it out for requests for proposals with stipulations for development, such as limiting redevelopment as a hotel to three years otherwise it would come back to the City or defining what types of developments could or could not go there. Commissioner Mendive asked if the owner was local. Ms. Laughlin said they were out of Utah. They had a lot of debt on the property. Moving on, Ms. Laughlin reported the planning conference last week in Minden was good. There was a lot of discussion on housing and the shortage of housing throughout the entire state. As a matter of fact, there was one session with a contractor that turned older motels into affordable housing apartments in downtown Carson City. Next year’s conference will be either in Henderson or Las Vegas. Chairman Dalling asked about the work program, specifically for a status on changes to the downtown bar regulations. November 4, 2025 City of Elko Planning Commission Meeting Minutes Page 5 of 6 Ms. Laughlin said those regulations were in the conditional use permit section of code. Staff had been going back and forth with the City attorney on the revisions to that section. The City attorney had some higher priorities he was working on, but it was on the list. VIII. COMMENTS BY THE GENERAL PUBLIC There were no public comments. ADJOURNMENT There being no further business, the meeting was adjourned. Jeff Dalling, Chairman Garret Kamps, Secretary November 4, 2025 City of Elko Planning Commission Meeting Minutes Page 6 of 6