Planning and Zoning Commission

City of Evanston Planning & Zoning Commission Board of Adjustment 1200 Main Street, Evanston, Wyoming 82930 Ph.# (307) 783-6470 Fax: (307) 783-6490 Email: jcampbell@evanstonwy.org Web: www.evanstonwy.org Planning and Zoning Commission Meeting Minutes September 14, 2015 6:00 p.m.-City Hall Commissioners Present: Chuck Straw, Chairman Amy Velasquez Phil Petersen Mike Sellers Eric Mander Andy Bailey Deborah Demander Georgia Harvey Staff Present: Dennis Boal, City Attorney Paul Knopf, City Planner DuWayne Jacobsen, Associate Planner Janel Campbell, Administrative Assistant Chairman Straw called the meeting to order at 6:00 p.m. Chairman Straw asked for a motion to approve the agenda for the September 14, 2015 meeting. A motion was made by Commissioner Sellers, seconded by Commissioner Petersen. Motion carried. DuWayne Jacobsen, Associate Planner, informed the Commission that the July 13, 2015 meeting minutes would be available for approval at the next Planning Commission meeting. Chairman Straw proceeded to CP 15-06 under old business. Attorney Boal explained the legalities of the hearing stating that the applicant(s) would be heard from first, followed by those who were in favor of the applicant(s), and finally, from those who were opposed. He explained that this public hearing was a contested case hearing and that anyone who wished to contest the Commission’s decision must make it known to him at the closing of the hearing. Attorney Boal opened the hearing with CP 15-06, a request by Tammy Johnson Spruill to renew a Conditional Use Permit for a home occupation (Alterations/Tailoring) that generates business traffic for property located at 122 Independence Drive, Evanston, Wyoming which is zoned Low Density Residential-Established (LR-E). At the May 4th meeting of the Planning and Zoning Commission, the applicant was approved to operate the home occupation for a four month probationary timeframe. (Section 24-43 A of Chapter 24, Zoning, of the Evanston City Code) Ms. Tammy Johnson Spruill, who resides at 122 Independence Drive, was sworn in. Ms. Spruill stated that she would like to continue the alterations/tailoring business in her home. She has been in business for the past four months and has not had any complaints. There are about 10 to 12 customers per week by appointment. Her hours of operation are from 9 a.m. to 5 p.m. With no questions from the audience and no one present to speak in favor of or in opposition of the application, Attorney Boal asked if the Commission had any questions. With no further questions, the hearing was closed. Chairman Straw asked for a motion to approve CP 15-06. Commissioner Harvey made a motion to approve CP 15-06 with staff recommendations. The motion was seconded by Commissioner Bailey. Chairman Straw called for a vote. Motion Carried Unanimously. Chairman Straw proceeded to new business. Attorney Boal informed the Commission that a combined hearing will be done for CP 15-11 and BA 15-01. CP 15-11 is a request by Tim and Marie Lynch for a Conditional Use Permit to allow the total of all detached accessory buildings to exceed the 75% footprint area of the principal building size limitation for accessory buildings for property located at 1972 West Anderson Street, Evanston, Wyoming which is zoned Low Density Residential-Established (LR-E). The applicant is proposing to construct a detached garage measuring 40 feet by 40 feet (1,600 square feet). The area of existing and proposed detached buildings on the lot will total approximately 82% of the footprint of the principal building. (Section 24-26 C of Chapter 24, Zoning, of the Evanston City Code). BA 15-01 is a request by Tim and Marie Lynch for a Variance to the required minimum front yard setback of 20 feet for all principal and accessory buildings located at 1972 West Anderson Street, Evanston, Wyoming which is zoned Low Density Residential-Established (LR-E). The applicants are proposing to build a detached garage that will encroach approximately 10 feet into the 20 foot front yard setback area. (Section 24-16 A(5) of Chapter 24, Zoning, of the Evanston City Code). Mr. Tim Lynch, who resides at 1972 West Anderson Street, Evanston, Wyoming, was sworn in. Mr. Lynch stated that he has owned the vacant portion of his property for 8 years and has been trying to infill and compact dirt on the steep slope along the northeast side of his lot. For now, he would like to build a garage on the area that he has infilled. By locating the garage closer to the street, it will be more user friendly. The garage will have a foundation so that he may have an option to convert the garage to a house. If he converts the garage to a house, he will re-subdivide the lot in the future. The garage will match the house. Attorney Boal asked if anyone had questions from the audience. With no questions, he asked if the Commission had any questions. Commissioner Mander questioned if he has considered extending the existing garage west toward the golf course. Mr. Lynch stated that there is an existing utility easement behind his garage that prohibits expansion of the garage. Commissioner Mander questioned why he could not build a 30’ x 50’ garage instead of a 40’ x 40’ garage and place it on the north side of his home. He believes there are options that the applicant isn’t considering to avoid a variance to the minimum front yard setback requirement and a conditional use permit for an over area accessory structure. Mr. Lynch stated that topography, sewer lines, power lines, and the cost of the driveway make it not feasible to locate the garage on the north side of his house. Commissioner Peterson questioned how close the garage would be from the slope. Mr. Lynch stated that the garage will be right at the top of the slope. Attorney Boal asked if anyone in the audience had any questions. There were no questions. He asked if the Commission had any more questions. With no further questions, the hearing was closed. Chairman Straw, asked for a motion to approve CP 15-11 and BA 15-01. Commissioner Harvey made a motion to approve both CP 15-11 and BA 15-01 subject to staff recommendations. Commissioner Sellers seconded the motion. Chairman Straw asked for discussion. Commissioner Mander stated that he doesn’t believe the applicants’ have considered all of the alternatives. He is concerned that the Commission is approving the requests without considering the options. Chairman Straw stated that he doesn’t think that the proposed garage will be a blight in the neighborhood. There was no one from the neighborhood opposing the application. Commissioner Velasquez pointed out that it is a large lot with plenty of open space for the proposed garage size. Commissioner Harvey stated that she believes the slope of the property poses a special circumstance not typical of other lots in the neighborhood. She believes the applicants meet the requirements for the granting of a variance. Commissioner Bailey stated that the applicant is located at the end of a cul-de-sac. The radius of the cul-de-sac places the garage about in line with other houses on West Anderson Street. Commissioner Harvey called for the question. Chairman Straw acknowledged the call for the question and called for a vote. There were seven aye votes. Commissioner Mander abstained. Motion Carried. With no further business, the meeting was adjourned at 6:19 p.m. Mr. Knopf informed the Planning Commission that the next meeting is set for Monday, October 5th.