Planning Commission

MINUTES OF THE PLAN COMMISSION MEETING – JULY 8, 2013 Call to Order The Plan Commission meeting was called to order at 6:00 p.m. by President Vanden Berg Roll Call PRESENT: President Vanden Berg Steve Eggert John Elrick Bill Van Berkel Roy Van Gheem Trustee Larry Van Lankvelt EXCUSED: Richard Schevers ALSO PRESENT: Community Development Director Jim Moes, Park & Rec Director Tom Flick, Deputy Clerk Sandy Berkers, Interested Citizens Public Appearance for Items Not on the Agenda None Moved by Commissioner Van Gheem, seconded by Commissioner Elrick to enter into Public Hearing for Variance Request – CSM #5791 Lot 2 – Brian Joosten 3000 Apostolic Drive Ayes 6, Nays 0-Motion Carried Public Hearing-Variance Request – CSM #5791 Lot 2 – Brian Joosten, 3000 Apostolic Drive B. Joosten presented a map of his property and stated that he currently has a new building under construction and that he is asking for a variance on the landscaping ordinance. B. Joosten stated that when he built his first building he was in the Town of Vandenbroek and later got annexed into the Village of Little Chute. B. Joosten stated that he had contact with Fox Valley Metro Police Department and that they prefer that storage units such as his have no vegetation around them for easy visibility. J. Moes stated that after a building permit was issued for the current building being built Mr. Joosten stated that he would apply for a variance for the landscaping. Commissioner Van Berkel stated that the information from the Police Department makes references about keeping landscaping and shrubs maintained. J. Moes stated that he did not see shrubs standing at 18 inches as a visual barrier. B. Joosten stated that if shrubs are put in the east side of his property he will not have any room for snow removal. Commissioner Van Gheem stated that there is nothing unique about this property and that other properties have issues with snow storage. Commissioner Van Gheem questioned if the ordinance should be changed if the village is going to issue variances. J. Moes stated that the village has made other developments follow the ordinance regarding landscaping and that there is nothing that makes Mr. Joosten’s property unique to allow for a variance. Mr. Joosten stated that the buildings on the east were all built before the ordinance therefore they should be grandfathered. Moved by Commissioner Van Gheem, seconded by Commissioner Elrick to exit for Public Hearing for CSM #5791 Lot 2 – Brian Joosten, 3000 Apostolic Drive Ayes 6, Nays 0 – Motion Carried Approve Minutes of the Plan Commission Meeting of June 10, 2013 Moved by Commissioner Van Gheem, seconded by Commissioner Van Berkel to Approve the minutes of June 10, 2013 as presented. Ayes 6, Nays 0 – Motion Carried  Plan Commission Meeting Minutes – July 8, 2013 – Page 2 Discussion/Action on Variance Request – CSM #5791 Lot 2 by Brian Joosten, 3000 Apostolic Drive J. Moes stated that it was his opinion that it would be reasonable to grant a variance in the most northeast area of the property. Discussion about the footage of the variance took place. Mr. Joosten stated that still did not leave him much space for snow removal. Commissioner Van Gheem stated that he would be willing to compromise with B. Joosten on the ordinance but noted the reasons for the ordinance are not just for beautification. Moved by Commissioner Van Gheem, seconded by Commissioner Van Berkel to Grant a Variance for the Northeast 160 ft.portion of CSM #5791 Lot 2 Ayes 4, Nays 2 (Eggert, Van Lankvelt) – Motion Carried Further Discussion: Trustee Van Lankvelt stated that he agreed with B. Joosten and that shrubbery would not be seen from Vandenbroek due to the incline in the road. Discussion/Recommendation – Board of Appeals for Appeal Request – Seefeldt Collision Repair – 1321 Vandenbroek Road J. Moes stated that this business is an auto body shop that is zoned multifamily and is currently non-conforming and Mr. Seefeldt would like to add a lot to sell cars. Commissioner Van Gheem stated that the goal of the ordinance is to eventually bring these properties into conformance. President questioned the intentions of the business owner and how many cars he would like to have on his lot at a time. J. Moes stated that the business would like to sell just a few cars but needs approval of the variance to obtain a dealer’s license to attend auto auctions. Commissioner Van Lankvelt questioned if any of the neighbors had issues with the auto repair shop. J. Moes stated that neighbors were notified of Mr. Seefeldt’s request. Commissioner Van Berkel questioned if variances stayed in place if property is sold. J. Moes answered that yes the variancces will stay in place if property is sold. Commissioner Elrick stated that he agreed with Commissioner Van Gheem and that the goal is to get the nonconforming properties into conforming. Moved by Commissioner Van Gheem, seconded by Commissioner Elrick to support the interpretation of James Moes and Not Recommend Approval of a Variance for Seefeldt Collision Repair to add a car dealership Ayes 5, Nays 1 (Eggert) – Motion Carried Review/Recommend to Village Board –New Creekview Park Plans T. Flick reported that for the last few years the local Jaycees have been raising money to put an Archery Range in Little Chute and the Park Planning Committee has been working on finding a location for the range. Several residents in the subdivision were in attendance and were not in favor of the archery range. Moved by Commissioner Van Gheem, seconded by Commissioner Elrick to Recommend to Village Board Approval of New Creekview Park Plans Ayes 3, Nays 3, (Van Lankvelt, Eggert, Vanden Berg) – Motion Failed Discussion/Action – Recommend to Village Board Approval of CSM #5685 – Turnkey Homes Moved by Commissioner Elrick, seconded by Commissioner Van Lankvelt to Approve CSM #5685 Turnkey Homes Ayes 5, Nays 0, (Abstained-Vanden Berg) – Motion Carried  Plan Commission Meeting Minutes – July 8, 2013 – Page 2 Discussion/Action – Recommend to Village Board – Approval of Deeding Real Estate located at 2320 East Main Street to Fox Valley Tool and Die, Inc Moved by Commissioner Elrick, seconded by Commissioner Van Lankvelt to Recommend Approval of Deeding Real Estate located at 2320 East Main Street to Fox Valley Tool and Die, Inc Ayes 6, Nays 0 – Motion Carried Unfinished Business None Items for Future Agenda None Adjournment Moved by Commissioner Elrick, seconded by Commissioner Eggert to adjourn the Plan Commission meeting at 7:20 p.m. Ayes 6, Nays 0 – Motion Carried VILLAGE OF LITTLE CHUTE By: Michael Vanden Berg, Village President Attest: Sandy Berkers, Village Deputy Clerk