Planning Commission

MINUTES PLANNING COMMISSION SPECIAL MEETING JANUARY 30, 2012 – 4:30 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Sookram, Members Barton, Emanuel, Fooken, Sawyer, Synovec, Wiese and Winter, City Engineer Clark Boschult, Chief Building Inspector Marv Hansen and Secretary Deb Pruss ABSENT: Member Ridder Planning Commission Chairman Sookram called the meeting to order. Roll Call Vote was taken – 8 present, 1 absent (Ridder). Chairman Sookram read a statement that a copy of the Open Meeting Law is posted continually for public inspection located near the agendas in the City Council Chambers and a Public Notice of this meeting was given in advance by publicized notice in the Fremont Tribune, a copy of which is attached to these minutes and made a part thereto, and on radio KHUB. Also, the agenda was displayed in the lobby of the Municipal Building, Police Station and the Dodge County Courthouse on January 25, 2012 and is open to the public. Moved by Synovec, seconded by Fooken, to approve the Chairman's Statement that this meeting is now determined to be a legal meeting. Roll Call Vote showed all members present voting aye – 8 ayes. Motion Carried. Chairman Sookram stated the general public is invited to address the Planning Commission regarding any item on this agenda at this time or wait until discussion of their request is taking place. No public comments were received.  Consider request of Anna Janssen, Etal to rezone part Block F, and Part of Lots 5 thru 10, Sampson’s Addition, Fremont, Dodge County, Nebraska from GI – General Industrial to R2 – Moderate Density Residential District. Mary Novotny, 1215 West Military was present. She states she was the applicant’s niece and has been trying to help her handle things. She stated for the applicant to be out on the street after being 75 years old, they just wanted to be able to fix her home up so she can move back in. Chairman Sookram stated the Planning Commission understood the request but the problem is the zoning. Ms. Novotny asked when the property was rezoned. City Engineer Boschult stated it was estimated in the 1950’s and has been that way on all the maps the City has. Member Synovec stated the house is probably 100 years old. Mrs. Novotny stated the applicant has lived there all her life but maybe a few years she didn’t live there when she got married. They can’t see where she has to find someplace else given her age. Member Synovec asked how much damage there was to the house. Ms. Novotny stated it is structurally sound but it has to have a total gut out as the kitchen was extensively damaged and a lot of smoke damage throughout. The structure is sound as they didn’t have to break a hole in the roof to vent it out as there was an attic access and a door for that to let it vent out. Chairman Sookram stated the unfortunate part is where it is zoned is what the problem is. Sookram stated the Commission was tied on being able to spot zone something. Ms. Novotny asked if it would be possible to zone from the applicant’s house west because all the rest of it is residential. Sookram stated this Commission was tied up on it. Ms. Novotny then stated the Planning Commission wasn’t even going to consider it. Sookram stated the recommendation is to deny it due to surrounding land use and zoning. Understandably it is a hard situation. Ms. Novotny stated the only business there is Arlyn Ploen on the corner. It was pointed out that the property directly behind is also zoned industrial. Ms. Novotny stated that is an empty lot between it and the railroad tracks. They could never build on it if it was zoned residential. Ms. Novotny asked who directly south would want to build on it. Kelly Closure owns it so maybe they would want to build a building there. Ms. Novotny stated there is not enough access between the end of the applicant’s property and the railroad tracks to build a building there. That lot is not that big. Member Emanuel asked the Chief Building Inspector who went in and determined it was over 60% damage. Hansen stated the builder that was requesting a permit to rebuild it provided that information. Synovec stated the 60% was upon the assessed value now. Hansen stated it was based upon the replacement value. It was insured for $70,000 and they figure it would cost over $60,000 to fix it. Ms. Novotny stated it is actually insured for $71,000 so it would drop it down. Member Sawyer stated that the land photo of the property to the south shows there is quite a bit of property there and there is a buffer zone with 50 or 100 feet. Hansen stated it was 100 foot buffer zone between the residential and the industrial where you could build so that the Kelly group that provided the pictures saying your property if zoned residential would take up about 90% of their land and they couldn’t use most of that lot. Ms. Novotny asked who the Kelly Group was. Was it Kelly Klosure? She was informed that it was. City Engineer Boschult stated the Commission had before them two letters objecting. There is a letter from Kelly Closure and a letter from Ploen Transportation. Boschult stated a motion needs to be entertained to receive and file those letters. Motion make by Fooken, seconded by Sawyer to receive and file the two letters. Roll Call Vote showed all members present voting aye – 8 ayes. Motion Carried. Boschult stated the second item distributed is a page with yellow highlighting that is from the City Comprehensive Plan. It is titled Framework for Decision Making. Boschult stated there is a comparison matrix of putting different zonings next to other zonings. In this case when you put General Industrial next to Residential you get a compatibility rating of one and under one it is stated the proposed use is incompatible with adjacent land uses and in general, proposed uses with this level of conflict will not be permitted. Boschult stated this is part of the current Comprehensive Plan and this needs to be considered. Member Synovec stated that unfortunately from what he sees with Kelly Closure losing 90% of their available land there to build on and the fact that he did speak to their neighbor and he recently just bought a lot between the two places and that would pretty much make his lot unusable as well. They bought that with good intent but it was zoned properly for them to build on. That’s really what some of the issues that you are running up against. Ms. Novotny stated that she was getting the gist that this isn’t going to go then do they still have to wait for the City Council to vote on it. City Engineer Boschult stated this is only a recommendation from the Planning Commission. The City Council will still have three hearings on January 31st, February 14th and February 28th. They will note vote until February 28th. Ms. Novotny asked if they could override it. Boschult stated the Planning Commission is only making a recommendation and the City Council has the final determination. It was asked if they produced a bid from a contractor that was $30,000 and would be under the 60% of that work could they stay there then. Chief Building Inspector Hansen stated as long as they could get it fixed for that and it was an honest bid. It can’t be somebody that would just come in and say it would cost $30,000 and it really is going to cost $60,000. He said he has already been told the $60,000 cost. Ms. Novotny stated what if they found other resources to do it. Hansen stated they can’t cut corners and it would have to meet code. Chairman Sookram stated but as for the zoning we have to give that recommendation to probably deny and then it would go onto the City Council. Member Synovec stated unfortunately the Commission is kind of handcuffed and it is a tough decision for all of us up here as it is one of the toughest ones I’ve had to do since his time on the Planning Commission. Ms. Novotny stated they kind of suspected but thought they would just give it a try. The Council Meeting dates were reiterated to Ms. Novotny. Moved by Fooken, seconded by Synovec to recommend denial of the request. Roll Call Vote showed all members present voting aye- 8 ayes. Motion Carried. Meeting adjourned at 4:47 p.m.