Planning Commission

MINUTES OF THE PLAN COMMISSION MEETING – SEPTEMBER 12, 2011 Call to Order Plan Commission meeting was called to order at 6:00 p.m. by Village President, Michael Vanden Berg Roll Call PRESENT: President Vanden Berg Trustee Bill Peerenboom John Elrick Richard Schevers (6:04) Roy Van Gheem Bill Van Berkel Jerry Verstegen ALSO PRESENT: Village Administrator Chuck Kell, Community Development Director Jim Moes, Village Clerk Vicki Schneider, Michael VanDerGeest Public Appearance for Items Not on the Agenda None Moved by Commissioner Van Gheem, seconded by Commissioner Peerenboom to enter into Public Hearing for the Variance Request for 315 Buchanan Street. Ayes 6, Nays 0 – Motion Carried Public Hearing-Variance Request-315 Buchanan Street-VanDerGeest/Schooley Owners-Request Variance to retain a 6-foot high fence on property line abutting street No public comment. Michael VanDerGeest and Sarah Schooley provided a document with signatures of seven neighbors indicating they agreed that the fence is an enhancement to the safety of the children in the neighborhood, that the fence is an enhancement to the appearance of the neighborhood, and that the fence does not in any way obstruct the traffic corner or cause any safety hazards. Moved by Commissioner Peerenboom, seconded by Commissioner Elrick to exit Public Hearing for Variance Request for 315 Buchanan Street. Ayes 6, Nays 0 – Motion Carried Moved by Commissioner Elrick, seconded by Commissioner Van Berkel to enter Public Hearing for Proposed Amendment to the Village of Little Chute Comprehensive Plan. Ayes 6, Nays 0 – Motion Carried Public Hearing-Proposed Amendment to the Village of Little Chute Comprehensive Plan-Future Land Use Plan No public comment. Moved by Commissioner Peerenboom, seconded by Commissioner Van Berkel to exit Public Hearing for Proposed Amendment to the Village of Little Chute Comprehensive Plan. Ayes 6, Nays 0 – Motion Carried Approve Minutes of the Plan Commission Meeting of August 8, 2011 Moved by Commissioner Peerenboom, seconded by Commissioner Verstegen to approve the minutes of August 8, 2011 as presented. Ayes 6, Nays 0 – Motion Carried Action on Variance Request filed by VanDerGeest/Schooley-315 Buchanan Street J. Moes asked if anyone had questions about the variance. Commissioner Peerenboom questioned if the Commission could modify the variance. J. Moes answered that the Board could modify the variance in  Planning Commission Meeting Minutes – September 12, 2011 – Page 2 whichever way the Commission felt was in the best interest of the public. J. Moes stated that he recommends the variance be approved but not with the zero set-back but with a 15 ft. set-back. Commissioner Peerenboom asked Mr. VanDerGeest if the fence on the west side of his property was owned by him. Mr. VanDerGeest answered “yes” that it is his fence. Commissioner Van Gheem questioned Mr. VanDerGeest about the height of the fence. Mr. VanDerGeest stated that the fence is 6ft tall in the front and back of his property but on the North side it is 48 inches tall. Mr. VanDerGeest stated that when he purchased his home it had a chain-link fence all the way around his home but he had problems with people getting into his pool. Mr. VanDerGeest further stated that his insurance company requires a 48ft. fence around the pool. C. Kell stated that if this variance is approved as requested the Commission will have problems in the future. C. Kell commented that he hopes the Commission does something to get this fence in compliance with the Village’s Ordinance. J. Moes stated that it is not the issue of the fence being 4ft. or 6ft., it is the fact that it is right up to the street and the neighbor’s driveway is right there. Commissioner Elrick suggested that if the fence is 6ft. tall then it should be back from the property line 15 ft. otherwise the fence needs to be 4ft. Mr. VanDerGeest stated he made an honest mistake when he replaced the chain-link fence with the 6ft. fence without getting a permit. Moved by Commissioner Elrick, seconded by Commissioner Peerenboom to approve the Variance Request for a fence to be greater than 42 in. and to be located a minimum of 15ft. from the property line. Ayes 6, Nays 0 - Motion Carried Further discussion: Commissioner Peerenboom questioned if property owner had a time line to have the fence done. Mr. VanDerGeest stated he would appreciate be allowed some time to move the fence due to economic issues. Moved by Commissioner Elrick, seconded by Commissioner Peerenboom to amend the original motion to add a June 1, 2012 completion date for a fence greater than 42 in. to be located a minimum of 15ft. from the property line. Ayes 6, Nays 0 - Motion Carried J. Moes informed Mr. VanDerGeest that he would need to take out a permit to move and/or replace the fence. Possible Action-Resolution-Approving an Amendment to the Comprehensive Plan for the Village of Little Chute J. Moes asked if the Commissioners had any questions and noted that if anyone wanted to look at the future land use map they could look at a copy at the Village Hall. Moved by Commissioner Elrick, seconded by Commissioner Van Berkel to Approve Resolution #2 Amendment to the Comprehensive Plan for the Village of Little Chute. Ayes 7¸ Nays 0 - Motion Carried Unanimously Review/Recommendation-Zoning Change Request-Evergreen LLC Development-Van Groll Farm Lots 1- 4-Lots 1, 2, 3 from RC-Conventional Single Family to CH-Commercial Highway District, and Lot 4 from RC-Conventional Single Family to RM-Multi Family Residential District J. Moes stated that the entire farm was zoned Single Family Residential when it was annexed into the Village and current circumstance warrant a change in the zoning for four lots. Moved by Commissioner Van Gheem, seconded by Commissioner Elrick to recommend to the Village Board to set a public hearing and approve the Zoning Change Request-Evergreen LLC Development- Van Groll Farm Lots 1-4-Lots 1, 2, 3 from RC-Conventional Single Family to CH-Commercial Highway District, and Lot 4 from RC-Conventional Single Family to RM-Multi Family Residential District. Ayes 6, Nays 1 (Peerenboom) - Motion Carried Unfinished Business None  Planning Commission Meeting Minutes – September 12, 2011 – Page 2 Items for Future Agenda None Adjournment Moved by Commissioner Elrick, seconded by Commissioner Schevers to adjourn the Plan Commission meeting at 6:23 p.m. Ayes 7, Nays 0 - Motion Carried Unanimously VILLAGE OF LITTLE CHUTE By: Michael R. Vanden Berg, Village President Attest: Vicki Schneider, Village Clerk