Planning and Zoning Commission

Planning & Zoning Commission Board of Adjustment Evanston, Wyoming www.evanstonwy.org Board of Adjustment/Planning Commission Meeting Minutes May 7, 2018 6:00 PM at City Hall Board Members Present: Maryl Thompson – Chairperson Michael Day Heath Beaudry Dave Huggins Robert Smith Staff Present: Dennis Boal, Evanston City Attorney DuWayne Jacobson, Associate Planner Dawn Worley, Administrative Assistant III Chairperson Thompson called the meeting to order at 6:02 p.m. Chairperson Thompson asked for a motion to approve the agenda for the May 7, 2018 meeting. A motion was made by Commissioner Day, seconded by Commissioner Beaudry. The motion carried unanimously. Chairperson Thompson asked for a motion to approve the minutes from the April 2, 2018 meeting of the Planning Commission with the removal of paragraph three page three (Chairperson Thompson explained the unloading process currently occurs……….) as the paragraph is not applicable to the subject being addressed. A motion was made by Commissioner Day, seconded by Commissioner Beaudry. The motion carried unanimously. Old Business: Chairperson Thompson asked for a motion to remove BA 18-01, a request by Jesse Smith for a Variance to encroach 5-feet into the minimum 5-foot rear yard setback area for an accessory use located at 225 Front Street and 233 Front Street, Evanston, WY 82930 which is zoned Transitional-Redeveloping (T-R) (Section 24-16 E. (7)) and (Section 24-103), from the table. The motion was made by Commissioner Smith, seconded by Commissioner Beaudry. With no discussion, Chairperson Thompson asked for a vote to approve BA 18-01. Two voted in favor and two voted opposed. The motion failed. New Business:  Attorney Boal began the public hearings by explaining the legalities of the hearing, and how it would be conducted. Applicants would be heard from first, followed by those in favor of the proposal and finally hearing from those who are opposed to the proposal. He asked each person speaking to clearly state their name and home address for the record prior to being sworn in to testify. Attorney Boal additionally explained that public hearings are contested case hearings and that anyone who wishes 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 18-03, a request by Bernadette Beaslin for a Conditional Use Permit to allow a Home Occupation (Quilting Classes and Fabric Sales) located at 318 7th Street, Evanston, WY 82930, which is zoned Low Density Residential-Established (LR-E) (Section 24-43 A. (10)). Bernadette Beaslin, whose address is 318 7th Street, Evanston, WY, was sworn in and spoke on behalf of the application. Bernadette explained to the Commission the business would be open Monday -Saturday from 10:00 AM- 6:00 PM. The maximum number of individuals attending classes would be 6-8 at any given time and she will be the only employee. Ms. Beaslin addressed parking. She advised the Commission the owner of the property would be constructing additional parking on the side of the house allowing for 2-3 spaces. Additional parking is located in front of the house, adjacent to the home, as well as in front of the library and along the street side across from the house. Attorney Boal asked the audience and the Commissioners for further questions or statements either for or against the application. William E. Cook, whose address is 330 7th Street, Evanston, WY was sworn in and expressed concerns about parking. Mr. Cook explained his concern of limited space for those attending classes and with any additional customers during the same time, sufficient parking could be a challenge. He wants to make certain he will be able to park in front of his home when returning from work, as this has been an issue in the past. Bernadette assured Mr. Cook she would maintain his space in front of his home for his use, and customers would be directed to the commercial parking lot or other locations. Aaron Dalton, whose address is 1148 Uinta Street, Evanston, WY, was sworn in and spoke on behalf of the application. Mr. Dalton asked if large gatherings or classes would occur during the weekdays. Bernadette advised the classes are only held on Saturday.  Chairperson Thompson asked Ms. Beaslin if weekday traffic would be primarily sales. Bernadette stated that was correct as classes are held on Saturday’s. Bob Herbst, whose address is 701 Center Street, Evanston, WY, was sworn in and spoke on behalf of the applicant. Mr. Herbst stated he is the property owner. When he purchased the property, he requested to maintain the property as a commercial building and was assured he would be able to do so. Mr. Herbst advised the commission the home had previously been used by Bill Combs as a law office, and he didn’t recall any parking issues. Mr. Herbst reviewed parking options and stated he was additionally planning to add a concrete pad to the property for on-site parking. Attorney Boal asked Mr. Herbst if the property had pervious been used as a business location. Mr. Herbst advised it had been used as a law office prior to his purchasing of the property. Collene Dalton, whose address is 1148 Uinta Street, Evanston, WY, was sworn in and spoke on behalf of the application. Mrs. Dalton stated she has assisted in teaching classes with Bernadette, and they typically have 2-3 people at a time. When large classes are held (6 or more), they work with the local extension office or library to rent space appropriate for the number of individuals and their required class items. Chairperson Thompson asked what a typical class length would be. Mrs. Dalton advised classes are held from 10:00 AM – 4:00/5:00 PM with just one class being held at a time. Commissioner Smith asked if classes could be held during the weekday. Mrs. Dalton stated she works during the week and helps teach classes on Saturday’s, as works it for her schedule. Sue Wagstaff, whose address is 303 Bridger Road, Evanston, WY, was sworn in and spoke on behalf of the application. Ms. Wagstaff explained she has been taking classes with the applicant for a couple of years and that parking accommodations have never been an issue. Individuals who require special accommodations are given priority. Sue Herbst, whose address is 701 Center Street, Evanston, WY, was sworn in and spoke on behalf of the application. Mrs. Herbst advised the Commission the applicant is seeking to grow her business and eventually move into a store front and use the existing location as a stepping stone while she works toward her goal.  Attorney Boal asked the audience and the Commissioners for further questions or statements either for or against the application. Mr. William E. Cook, whose address is 330 7th Street, was sworn in and expressed his concerns regarding parking but stated he does believe the applicant will be sympathetic to surrounding residents. Commissioner Day asked Mr. Cook where his home was located in relation to the applicant’s residence. Mr. Cook showed his residence location being across the alley from the applicant. Chairperson Thompson asked if he had a garage associated with his property. Mr. Cook stated he does have a single car garage but has three vehicles. Having expressed his concerns, he feels more comfortable with the application. Attorney Boal asked the audience and the Commissioners for further questions or statements either for or against the application. With none heard, the hearing was closed. Chairperson Thompson asked for a motion to approve CP 18-03. Commissioner Day so moved, seconded by Commissioner Smith. The motion passed unanimously. Attorney Boal opened the next hearing, CP 18-04, a request by Jason Kennedy for a Conditional Use Permit to allow an accessory building to exceed sixty percent of the square foot size of the principal building’s footprint and to allow the total of all detached accessory buildings to exceed seventy-five percent of the square foot size of the principal building’s footprint for property located at 201 Ridgecrest Lane, Evanston, WY 82930, which is zoned Low Density Residential-Developing (LR-D). The applicant is proposing to construct a detached garage measuring 40 feet by 60 feet (2,400 square feet). The area of the garage will total eighty-three percent of the footprint area of the principal building. The area of all accessory buildings will total ninety percent of the footprint area of the principal building. (Section 24-26 C.) Jason Kennedy, whose address is 201 Ridgecrest Lane, Evanston, WY, was sworn in and spoke on behalf of the application. Mr. Kennedy explained to the Commission he is seeking to build a 40’x60’ pole building which is in excess of the allowable size, to store his equipment and additional items as opposed to them sitting in the open on the property. Jason referenced a map provided to the Commission, identifying the exact location he intends to place the building, being conscious of property lines and visibility of other residents. Mr. Kennedy explained he would like to use tan steel or metal siding along with rock wainscot along the bottom and roofing to match the existing residence.  Attorney Boal asked the audience and the Commissioners for further questions or statements either for or against the application. Mike Pexton, whose address is 120 Hathaway Avenue, Evanston, WY, was sworn in. Mr. Pexton asked Mr. Kennedy which way the doors would be facing and what type of flooring he would be putting in. Mr. Kennedy showed on the property layout provided to the Commission, the large doors would be located on the end of the building facing the home, a standard doorway would be placed facing the downhill side along with three windows on each side of the building, and a solid wall facing up the hill from the residence. The floor will be concrete. Commissioner Huggins asked for clarification on the roof height. Mr. Kennedy stated it would be 18’ in height as opposed to the 16’7” misprinted on the layout information. Chairperson Thompson asked Associate Planner DuWayne Jacobsen to explain the difference in siding as stated in Evanston City Code, specifically in relation to residential or industrial siding. Associate Planner DuWayne Jacobsen reviewed the ordinance, explaining that the intent of the Ordinance was to differentiate between siding typically used in industrial as large sheet siding as opposed to the smaller plank style residential siding. Review of the proposed siding for the building would not be consistent with the type specified in the Ordinance. Mr. Kennedy responded by pointing out changes in architecture and buildings since the Ordinance was put in place and provided photos of the type of structure he is proposing which was built in residential areas of other cities. He also stated he believes the Ordinance clarity needs to be reviewed and that he would work with the Planning Department to meet the necessary requirements. Attorney Boal asked Mr. Pexton if he would like to return to the podium to speak in opposition to the application. Mike Pexton, whose address is 120 Hathaway Ave, Evanston, WY, expressed to the Commission that he is ok with the size of the building, but opposes the metal siding. He feels the language, specifically the term “compatible” in the Ordinance, leaves too much to the discretion of the City staff and can be looked at differently among individuals. Mr. Pexton urged the Commission to set a material standard for oversized buildings or base approval of the building on the acceptance of materials reviewed by the Commission.  Mr. Kennedy expressed agreement with Mr. Pexton regarding the necessity for clarification of the standard for materials and suggested that there are multiple other metal accessory buildings in town and finds it unfortunate that his request has become an issue as most people won’t see the building based on its location. Attorney Boal asked the audience and the Commissioners for further questions or statements either for or against the application. Hearing none, the hearing was closed. Chairperson Thompson asked for a motion to approve CP 18-04 with staff recommendations. Commissioner Beaudry so moved, seconded by Commissioner Day. Chairperson Thompson asked for discussion. Commissioner Smith asked for clarification from attorney Boal if the Commission has the ability to stipulate the materials used on the building. Attorney Boal stated the Commission can request to review the materials as a condition of approval the application. Chairperson Thompson questioned zoning in the area of the property and if this building would be acceptable to future residents. Mr. Pexton stated the area is zoned Low Density Residential-Developing. Commissioner Smith indicated he would agree with approval of the application with the condition of a material review by the Commission. Commissioner Beaudry stated he felt it unnecessary to inconvenience Mr. Kennedy and require him to return before the Commission. He feels Mr. Kennedy can work with the Planning Department to resolve the materials requirement. Commissioner Huggins agreed. Chairperson Thompson requested the material review be left to an agreement between the applicant and the Planning Department and by added this to the staff recommendations as a condition of approval of the application. Hearing no further discussion, Chairperson Thompson called for a motion to approve CP 18-04 with staff recommendations to include the agreement between the Planning Department and Applicant on materials for the proposed building. Commissioner Smith so moved, seconded by Commissioner Huggins. The motion carried unanimously. Chairperson Thompson asked for any other business. None was presented to the Commission.  Chairperson Thompson announced future Planning Commission and Board of Adjustment meeting dates of June 4, July 2 and August 6th. The meeting adjourned at 7:05 p.m. Respectfully Submitted, Dawn Worley