Planning and Zoning Commission

Planning & Zoning Commission Board of Adjustment Evanston, Wyoming www.evanstonwy.org Board of Adjustment/Planning & Zoning Commission Meeting Minutes August 5, 2019 6:00 PM at City Hall Board Members Present: Maryl Thompson – Chairperson Tim Ridenour Rowdy Dean Heath Beaudry Kim Begalla Michael Day Staff Present: Dennis Boal, Evanston City Attorney DuWayne Jacobson, Senior Planner Dean Barker, Evanston City Engineer Dawn Worley, Administrative Assistant III Chairperson Thompson called the meeting to order at 6:00 p.m. Chairperson Thompson asked for a motion to approve the agenda for the August 5, 2019. A motion was made by Commissioner Beaudry, seconded by Commissioner Begalla. The motion carried unanimously. Chairperson Thompson asked for a motion to approve the minutes from the July 1, 2019 meeting of the Planning Commission/Board of Adjustment. A motion was made by Commissioner Begalla, seconded by Commissioner Day. The motion carried unanimously. Old Business: With none heard, Chairperson Thompson moved on to new business. 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 27, A request by Travis Hogman for a Conditional Use Permit to allow a rental establishment as a principal use of property located at 400 Front Street, Evanston, WY 82930, which is zoned Regional Business- Developing (RB-D). The applicant is proposing to rent various tools, equipment, and party items within the existing retail area of the store. (Section 24-15 B. (26.2)) Travis Hogman, 400 Front Street, Evanston, WY, was sworn in and testified on behalf of the application. Mr. Hogman explained the application was a follow-up to Resolution 19- 05 passed by the City Council, permitting rentals as a conditionally permitted use in the Regional Business-Developing district. Mr. Hogman stated he is seeking to rent tools and party equipment as an addition to his current business. Attorney Boal asked if the list of items includes the tool and supplies, he is seeking to rent. Mr. Hogman explained the list provided was based on a survey conducted by a third party which identifies the items as the best fit for stores of similar size. Attorney Boal asked what his plan was for care of the tools and rental equipment as required by ordinance. Mr. Hogman stated he has made arrangement with Chad’s Automotive to maintain and care for the equipment and Chevron has offered use of the car wash for basic cleaning. Attorney Boal asked how many of these types of items Mr. Hogman plans to rent. Mr. Hogman stated he was not certain yet and that he intends to revisit the items offer as he receives requests from customers. Commissioner Dean asked if the rental items will all fit within the 500-foot designated space within the store. Mr. Hogman advised they would with the exception of the larger inflatable party items such as the bounce house, which will be stored in another location in the building. Chairperson Thompson asked for clarification if there was anywhere in the ordinance that requires an itemized list be supplied to the Commission. Attorney Boal stated there is no requirement specified in the ordinance that requires an itemized list; however, the list provided assists in offering a more complete picture of the intentions of the applicant. Commission Ridenour asked if larger equipment could be rented. Mr. Hogman explained that was not part of his request at this time. Mr. Hogman additionally asked for clarification regarding point 4 of the staff report detailing that any outdoor storage of equipment, equipment parts or other rental items shall be screened from view by landscaping or a fence. He expressed confusion as he is not proposing to rent any items at this point that would require such storage. He added that it is his desire to remain flexible to add or adjust items as necessary per customer needs or requests. Attorney Boal stated that as previously discussed with Mr. Hogman, similar items to those listed, will be able to be added or removed as deemed necessary. Brent Hatch, 114 Red Hawk, Evanston, WY, was sworn in and testified in favor of the application. Mr. Hatch stated he believed allowing local business to offer rentals will be a good service to the community. Mr. Hatch stated he has seen this type of service in other communities and appreciates local businesses having the opportunity. Attorney Boal asked if anyone else would like to address the Commission, hearing none, the hearing was closed. Chairperson Thompson asked for a motion to approve CP 27 with staff recommendations, Commissioner Beaudry moved to approve CP 27. Seconded by Commissioner Dean. Chairperson Thompson stated that the ordinance does not provide for the Commission to restrict or limit what an approved applicant and rent. Commission Day stated he understood that not providing restriction was part of the recommendation the Commission made to City Council. Chairperson Thompson stated that the staff recommendations specify that the applicant must provide a plan for maintenance and repair to the Planning Department for review. Commission Dean express the necessity of properly handling any hazmat materials for public safety and that Mr. Hogman has provided that plan in his testimony. Mr. Hogman and put in writing his maintenance and care plan and provide it to the Planning Department, satisfying the requirement. Commission Day stated that there are state and federal reviews available for hazmat control and would come into play with regard to maintenance. Senior Planner Jacobsen stated that the review was to verify compliance with the ordinance requirements. Chairperson Thompson called for a vote. The motion passed unanimously. Other Business: Hearing no other business, Chairperson Thompson announced future meeting dates of September 9, October 7 and November 4. The meeting adjourned at 6:25 PM. Respectfully Submitted, Dawn Worley