Planning and Zoning Commission

Planning & Zoning Commission Board of Adjustment Evanston, Wyoming www.evanstonwy.org Board of Adjustment/Planning & Zoning Commission Meeting Minutes November 4, 2019 6:00 PM at City Hall Board Members Present: Maryl Thompson – Chairperson Heath Beaudry Kimberly Begalla Robert Smith Tim Ridenour Staff Present: 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 November 4, 2019. A motion was made by Commissioner Begalla, seconded by Commissioner Beaudry. The motion carried unanimously. Chairperson Thompson asked for a motion to approve the minutes from the October 7, 2019 meeting of the Planning Commission/Board of Adjustment. A motion was made by Commissioner Beaudry, seconded by Commissioner Begalla. 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. Mr. 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 BA 38, a request by Travis and Jennifer Wilson for a Variance to allow a detached accessory building (shed) to encroach 3.5 feet into the minimum 5-foot interior side yard and 5-foot rear yard setback areas for property located at 636 Summit Street, Evanston, Wyoming, which is zoned Low Density Residential-Established (LR-E). (Section 24-16 A. (7) and (8)) and (Section 24-103) Travis Wilson, 636 Summit Street, Evanston, WY, was sworn in and spoke on behalf of the application. Mr. Wilson explained they are seeking to construct a wood shed in the back corner of the lot. The shed will be constructed along the fence line on an existing concrete foundation. Mr. Wilson stated they have spoken to the neighbors and that the neighbors have not expressed any objections. Attorney Boal asked what materials would be used to construct the shed. Jennifer Wilson, 636 Summit Street, Evanston, WY, was sworn in and advised the shed would be constructed of cedar planks and polycarbonate. Chairperson Thompson asked if the roof of the shed will be polycarbonate. Mrs. Wilson stated that was correct. Commissioner Smith asked if the shed will be placed on skids. Mr. Wilson stated the shed would be a permanent structure. Attorney Boal asked if anyone else wanted to speak either for or against the application. Hearing none, the hearing was closed. Chairperson Thompson asked for a motion to approve BA 38. Commissioner Smith moved to approve BA 38. Seconded by Commissioner Beaudry. Chairperson Thompson asked for any discussion. With none heard, Chairperson Thompson called for a vote. The motion passed unanimously. Attorney Boal continued the hearing with CP 39, a request by Sheena Rendon (Day) for a Conditional Use Permit to allow a home occupation (childcare) for property located at 204 Cheyenne Drive, Evanston, Wyoming, which is zoned Medium Density Residential- Developing (MR-D). The initial application for the home occupation was not approved by the Planning Department due to a written objection from an adjacent property owner. The applicant has requested a review of the home occupation by the Planning and Zoning Commission. (Section 24-43 E.) Sheena Day, 204 Cheyenne Drive, Evanston, WY, was sworn in and spoke on behalf of the application. Ms. Day stated she was seeking a Condition Use Permit to allow her to provide childcare in her home. She advised she had been providing care for children since 2011. She explained she believed she could watch up to four children without a permit. She stated she didn’t realize her error until a neighbor reported concerns to the Department of Family Services. Ms. Day stated she is now in the process of acquiring a daycare license. Chairperson Thompson asked how many children she is allowed to watch. Ms. Day advised the number of children allowed is based on square footage and fire code. Attorney Boal asked what the hours of operation were for the daycare. Ms. Day stated she watches children from 7:30 AM- 5:30 PM. Attorney Boal asked how many parents are currently dropping off children during those hours. She stated there are currently 3-4 parents dropping off children at her home. Attorney Boal asked where the parents park during drop off and pick up. Ms. Day advised the parents park in the empty parking spots. She continued to state she has not had any complaints until recently attempted to purchase the unit next to hers. Chairperson Thompson asked how many parking spots are assigned to each unit. Ms. Day stated each unit is assigned two parking spaces. Chairperson Thompson asked if she was in charge of the HOA. Ms. Day stated she was not in charge of the HOA but is the property manager. She explained that previous to the last 4-5 years there had not been an HOA board. Chairperson Thompson asked Ms. Day if the HOA insurance covers the children while they are in her care. Ms. Day stated the HOA carries insurance and she also carries additional personal insurance to cover her daycare business. Attorney Boal asked if anyone else wanted to ask questions of Ms. Day. Roger Houghton, 218 Cheyenne Drive, Evanston, WY, was sworn in. Mr. Houghton asked Ms. Day if the 4-5 children she stated she cared for included her own children. Ms. Day advised her children are in school during the day. Mr. Houghton follow-up by stating her hours of operation meant that up some point in the day she has up to 7 children in her residence. Carmen Atencio-Mayer, 203 Cheyenne Drive, Evanston, WY, was sworn in. Ms. Mayer stated Ms. Day was aware she needed a daycare license. She asked Ms. Mayer asked Ms. Day if she would agree to restrict the children from entering her property. Ms. Day stated she would make certain the children were not a bother to neighbors. Commissioner Ridenour asked how she planned to address the concerns. Ms. Day advised she will make certain the children do not leave her property. Chairperson Thompson asked why she listed 6 children as the number she was watching on her application. Ms. Day stated because that was the number the Department of Family Services advised she would be able to care for. Alexandra Pate, 223 Cheyenne Drive, Evanston, WY, was sworn in. Ms. Pate asked Ms. Day if she believed she was able to watch 6 children plus her 2 children, 8 total, at one time. Ms. Day advised she believed she was able. Mary Withouse, 122 Hopi Ct, Evanston, WY, was sworn in. Ms. Withouse asked Ms. Day if she had received a response from DFS. Ms. Day advised she is waiting on approval from the Planning Commission before DFS can respond. Ms. Withouse asked if she had acquired extra insurance for her business. Ms. Day stated she had. Commissioner Begalla asked if the HOA rules address home occupations or business being located in the units. Ms. Day stated she has received written permission from the HOA board to have her business. She said she was not aware of anything in the HOA rules preventing her come occupation. Chairperson Thompson asked how many members there are on the HOA board, Ms. Day advised there are 6 board members, 5 live in on-site. She expressed that it is not her desire to cause issues and the issues presented will be addressed. Attorney Boal asked if anyone would like to speak in favor of the application. Mary Withouse, 122 Hopi Court, Evanston, WY, was sworn in. Ms. Withouse explained she was a daycare provider for 35 years. She expressed the need for daycare in Evanston as well as the lack of education of the general public regarding the oversite daycare providers are given from a variety of state and local agencies. She explained the necessity for the licensing process. Commissioner Ridenour asked Ms. Withouse for any suggestions to address the neighbors’ concerns. Ms. Withouse stated respect the neighbors and make certain the children are doing the same. Commissioner Smith asked at what age are the daycare providers children excluded from the number of children DFS allows. Ms. Withouse advised at 2 years old they are no longer required to be included in the total number of children allowed. Roger Houghton, 218 Cheyenne Drive, Evanston, WY, was sworn in. Mr. Houghton stated he believes there is a cause in the HOA rules that exempts business/home occupations from being located in the units. He additionally expressed concern with having 8 children in the units as they are small in size. He also advised the HOA could be held liable if one of the children was hurt in the common area of the property. Mr. Houghton explained he concern was for the safety and care of the children. Ms. Day responded by advising the Commission that the children typically do not play in the common area as it is not a fenced space. Chairperson Thompson asked what the ages were of the children she cared for. Ms. Day stated they are preschool age and she currently cares for and infant as well. Chairperson Thompson asked if the basement of the unit was finished. Ms. Day stated it was but that the children are not allowed on the lower or upper floor of the residence. They stay on the main floor of the unit. Commissioner Smith asked how many square feet are on the main floor. Ms. Day advised approximately 500 square feet. Attorney Boal asked if anyone in the audience wanted to speak for or against the application. Hearing none, the hearing was closed. Chairperson Thompson asked for a motion to approve CP 39. Commission Smith moved to approve CP 39, seconded by Commission Beaudry. Chairperson Thompson asked for any discussion. Commission Begalla stated she feels 550 square feet is a very small space for the children. She expressed desire to review the HOA by-laws. Commission Begalla questioned the need for a fence to create an outdoor space for the children. She stated she agrees there is a need for daycare however does not feel this is the appropriate location. Chairperson Thompson advised that the parking requirements are not able to be met for a home occupation and she agreed that daycare space is very small. She additionally stated that the initial application had been turned down by the Planning Department as a result of neighbors’ complaints, advising multiple letters were included with the packet for review. Chairperson Thompson additionally stated she did believe the HOA by-laws do prohibit home occupations in the units and also would like to have reviewed them. Commissioner Ridenour additionally expressed concern of the daycare facility size. He explained the need for children to have a safe, outdoor space to play and agreed with the problem regarding parking. Commission Smith asked Ms. Day if this was the only location available for her to conduct her daycare business. Ms. Day stated is was the only location she had available. Commissioner Beaudry agreed with the concerns over parking as well as limited space for the children. Hearing no further discussion, Chairperson Thompson called for a vote. The motion failed with 1 Commissioner voting for approval, 4 (Commissioner Begalla, Commissioner Beaudry, Commissioner Ridenour and Chairperson Thompson) dissenting. Other Business: Hearing no other business, Chairperson Thompson announced future meeting dates of December 2, January 6, 2020 and February 3. The meeting adjourned at 6:47 PM. Respectfully Submitted, Dawn Worley