Planning Commission

MINUTES PLANNING COMMISSION REGULAR MEETING FEBRUARY 20, 2012 – 5:00 P.M. CITY COUNCIL CHAMBERS PRESENT: Chairman Sookram, Members, Barton, Fooken, Emanuel, Ridder, Synovec, Wiese and Winter, City Engineer Clark Boschult, Planning Director Rian Harkins, Chief Building Inspector Marv Hansen and Secretary Deb Pruss ABSENT: Member Sawyer Chairman Sookram called the meeting to order. Roll Call Vote was taken – 8 present, 1 absent (Sawyer). 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 February 15, 2012 and is open to the public. Moved by Fooken, seconded by Ridder, 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. It was moved by Winter, seconded by Emanuel, to dispense with the reading of the Minutes of the January 16, 2012 Regular Meeting and the January 30, 2012 Special Meeting and approve as received. 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 Allen R. Hemmer to erect an addition to attached garage at 1250 North Nye with insufficient side yard setback. Article 4, Table 4-3. R-1 – Single Family Residential District. Chairman Sookram stated the proposed side yard is 5’ and the required setback is 7’. He stated this was discussed in the Study Session with the applicant present. Sookram asked if a hardship was determined and Member Emanuel stated it did not sound like the Commission could come up with a hardship. The applicant was not present at the meeting. Moved by Winter, seconded by Barton to recommend denial of the request to a lack of a hardship. Roll Call Vote showed all members present voting aye – 8 ayes. Motion Carried.  Consider request of Mark T. Boschult, Trustee to have a variance to paving, fence screening and landscape yard requirements for open warehousing at 500 North Pierce. Article 8, Table 8-1, Article 906 b 1 and Article 12, Table 12-1. LI – Limited Industrial District. 1 Chairman Sookram stated this was discussed in the Study Session. He asked if there were any questions on the paving or the fencing or landscaping. Applicant Mark Boschult was present. He stated there was a comment that this request was brought up prior and he wasn’t sure if he got the point across but as far as the use it would be consistent with what Borisow is doing on All Store and he didn’t think there was anything that he was doing or proposing to do that isn’t being done anywhere else. He stated he was trying to do something very consistent with what is out there. In fact, he is only aware of one, Standard, that has paved parking for their outside vehicular storage but the rest of them are all gravel. Member Synovec stated it was discussed in the Study Session that as far as the paving is concerned he was in agreement that it would be pretty difficult to pave it when the road to get into his business is not paved right now. Secondly, part of the site is paved and paving the balance would conflict with storage buildings planned and approved for the future. He stated the applicant did a good job of justifying that the fencing is pretty consistent with all the other storage units and the landscaping was also discussed earlier and applicant stated he would try to landscape along Military at the bare minimum. Applicant Boschult stated that was correct and as discussed screening would create security problems. He was asked if he was going to install a fence around the entire property before any outside storage. Applicant Boschult stated the intent would be before he did any outside storage he would put a 6’ chain link with three wires on top and then he would add lighting and security cameras. Chairman Sookram stated there was a motion to approve this. Moved by Synovec, seconded by Winter to recommend approval as it is consistent with the neighborhood with the condition of landscaping on Military and the required fencing. Roll Call Vote showed 7 ayes – 1 nay (Ridder). Motion Carried.  Consider request of Tom L. and Marka Sawyer to remove, replace and enlarge existing non-conforming structures (cabin and detached garage) at 1621 South Ridge Road #F, Tax Lot 143, Section 28, Township 17 North, Range 8 East Dodge County, Nebraska with a variance to the 100 year flood elevation requirements for stairways and a variance to allow accessory uses (garage) to be larger than the principal use (cabin) and setback variances. Article 4, Table 4-2, Article 556, 557 and 558. AG – Agricultural/Urban Reserve District. Chairman Sookram stated the recommendations were the four of them…..to remove and replace non-conforming structure provided an Engineer’s “No-Rise” Certificate for floodwater elevation is submitted. Sookram asked if anyone was here for this request. Applicant Tom Sawyer who has the property at 1621 South Ridge Road was present. He stated he would like to remove the existing buildings, bring in another cabin and build a detached garage. He stated an Engineer has given him a “No-Rise” Certificate. Chairman Sookram stated there was also a request for a variance for a stairway below 100 year floodplain elevation and a variance to AG District setbacks – approve as lot size is smaller than AG District minimum 20 acre lot size. Mr. Sawyer stated he has approximately three acres and it is smaller. There is also a variance for a garage larger than the cabin – approve provided hardship can be determined and it is consistent with the neighborhood. Mr. Sawyer stated it is larger than the cabin. He stated that once he gets the cabin in he will be needing a place for a tractor, boat and vehicle. Chairman Sookram asked if the garage is being brought in. Mr. Sawyer stated the garage will be built on site and it is an A-frame cabin that he is hoping to move in. City Engineer Boschult asked the applicant if he needed the garage for security purposes and applicant stated that was correct. Member Synovec asked it will be a cement wall garage. Sawyer stated above the floodplain requirements to that height and then he will frame it. Chairman Sookram stated the recommendation is to approve upon all these and asked if there were any more questions. 2 Judy Johannsen was present and stated she had a cabin down from Mr. Sawyer. She asked if it was possible that he can build on an existing property, as the house is standing, but there is a tree on top of it. Member Fooken stated as long as he has the Engineer’s certificate, which he has, he can build on it. Ms. Johannsen was also wondering about the sizes of the buildings on the property such as how big the garage would be and how big the house would be. Chairman Sookram stated some of that is kind of based off of what the neighborhood is like. With those properties, there are several of them that are bigger than the house. Member Emanuel asked Ms. Johannsen if she was wondering what size he is planning on building? Ms. Johannsen stated yes as she is down the river from him and she is concerned about the water coming up against his property and then all of it coming out and around. Chief Building Inspector Hansen stated the cabin is smaller than the existing house and the garage is larger than the garage that is there. Mr. Sawyer stated the garage would be set back to the north of the cabin and it would be 26’ x 32’. She was concerned about the water being funneled toward her cabin as when the floodwater comes up it is pretty bad and she is just concerned about if it would block the river flow if it starts to come up and where the ice chunks would go. Chief Building Inspector Hansen stated the cabin is on stilts and the garage will have openings and let the water run through it. Mr. Sawyer stated he has talked to two other adjoining neighbors and they were happy to have him do something. Moved by Emanuel, seconded by Wiese to recommend approval of the request. Roll Call Vote showed all members present voting aye – 8 ayes. Motion Carried.  Consider request of Kevin and Lori Yount to enlarge a non-conforming use (salvage services) for a new 150’ x 200’ building to house salvage equipment on part of the NE ¼ of Section 33, Township 17 North, Range 8 East, Saunders County, Nebraska (1225 County Road Y). Article 1105. AG – Agricultural/Urban Reserve District. Chairman Sookram stated the salvage services are conditional uses in the AG District and previous approvals have been given for the request for this applicant at this location in the past with the most recent being April 18, 2011. City Engineer Boschult stated the proposed building is within the existing compound so the conditions would not change. Moved by Fooken, seconded by Synovec to recommend approval of the request. Roll Call Vote showed all members present voting aye – 8 ayes. Motion Carried. Meeting adjourned at 5:20 p.m. 3