Planning and Zoning

‭Approved‬ ‭PLANNING COMMISSION /‬ ‭BOARD OF ZONING APPEALS‬ ‭MAY 21, 2024 MEETING MINUTES‬ ‭Commissioners Present:‬ ‭Cowman, Dees, DeGrande, Maurer,‬‭McLean, Upshaw,‬ ‭Commissioners Absent:‬ ‭Parks‬ ‭Others Present:‬ ‭Jessica Newton, Mitch Gabbert - City‬‭of Paola, David Gatlin,‬ ‭Terrence Mcnerney‬ ‭Item 1:‬ ‭Pledge of Allegiance.‬ ‭Item 2:‬ ‭Consideration of minutes from the February 20, 2024 meeting.‬ ‭Commissioner Cowman called the meeting to order. The next order of business was‬ ‭the consideration and approval of the minutes from the February 20, 2024 meeting.‬ ‭Commissioner McLean made a motion to approve the February 20, 2024 meeting‬ ‭minutes. The motion was seconded by Commissioner Dees with Commissioners‬ ‭Cowman, Dees, Maurer, McLean and DeGrande voting in favor. Commissioner Upshaw‬ ‭abstained, as he was absent from that meeting.‬ ‭Item 3:‬ ‭Public Hearing - Consideration and vote to approve a variance for‬ ‭reduced setbacks and location of a detached accessory structure at‬ ‭608 S Hickory.‬ ‭Commissioner DeGrande made a motion to open the Public Hearing. The motion was‬ ‭seconded by Commissioner Upshaw with all Commissioners voting in favor.‬ ‭Code Enforcement Officer Mitch Gabbert presented background information on the‬ ‭application for a variance at 608 S Hickory St. The variance requested was from the‬ ‭setbacks and location of a proposed accessory structure, and the‬ ‭applicant was Steven Schulte.‬ ‭Gabbert advised that ordinance number 3124 covers the standards for residential‬ ‭accessory structures, and states that accessory structures may not be‬ ‭located in front of the primary structure. Gabbert stated that accessory‬ ‭Paola Planning Commission Minutes‬ ‭May 21, 2024‬ ‭1‬‭of‬‭4‬  ‭Approved‬ ‭structures on lots between 10,000 square feet and 1 acre shall have‬ ‭setbacks of 10 feet from the rear and side property lines.‬ ‭Gabbert advised the desired location for this project is in front of the house and would‬ ‭have setbacks lower than what is required by ordinance 3124. He went‬ ‭on to say that the applicant planned on installing a hard surface driveway‬ ‭to access the proposed structure, and that the applicant had supplied a‬ ‭plot plan showing the proposed location of the structure.‬ ‭Gabbert explained sections 21.250 and 21.252 of the Land Development Ordinance‬ ‭(LDO) to the Planning Commissioners. He advised that staff had found‬ ‭the application would not be detrimental to the health, safety, or general‬ ‭welfare of the community, and the application was consistent with‬ ‭§21.250 of the LDO. Gabbert said that due to the unique lot shape and‬ ‭layout, staff would recommend approval of the variance.‬ ‭Commissioner Cowman asked if staff received any written comments. Gabbert advised‬ ‭no written comments were received, however he received approximately‬ ‭3 phone calls from neighboring property owners, asking what was going‬ ‭on and stating that they had no opposition to the project.‬ ‭Commissioner McLean made a motion to close the Public Hearing. The motion was‬ ‭seconded by Commissioner DeGrande with all Commissioners voting in favor.‬ ‭Commissioner McLean asked about the driveway next to this lot and Gabbert advised‬ ‭that it is on a separate lot.‬ ‭Commissioner DeGrande inquired about section 21.250 of the LDO, and City Planner‬ ‭Jessica Newton explained it to him.‬ ‭Commissioner McLean asked about the fire resistance of the walls on the proposed‬ ‭structure and Gabbert advised that it would be looked at during plan review for the‬ ‭building permit.‬ ‭Commissioner Cowman stated that the property is unique and on a dead end street. He‬ ‭added that the entire neighborhood is very unique and this is the only location the‬ ‭applicant could build a garage.‬ ‭Paola Planning Commission Minutes‬ ‭May 21, 2024‬ ‭2‬‭of‬‭4‬  ‭Approved‬ ‭Commissioner DeGrande asked for clarification on the difference between this variance‬ ‭and a previous variance and Newton explained that the previous variance request was‬ ‭for a structure that exceeded the square footage of the house on the property.‬ ‭Commissioner Upshaw asked if the proposed structure would interfere with any city‬ ‭utilities. Gabbert advised that it would not, due to the large right-of-way area on this‬ ‭property.‬ ‭Commissioner DeGrande advised that he had an issue with the previous variance‬ ‭getting denied to set a precedent, and Commissioner Cowman informed him that the‬ ‭Planning Commission had approved a variance similar to this one in the past.‬ ‭Commissioner Dees asked if Miami County Fair traffic would have any line of sight‬ ‭problems with the proposed structure. Gabbert stated that it would not, and having it,‬ ‭along with a driveway, would allow cars that normally park on the street, to be parked‬ ‭off of the street.‬ ‭Commissioner Cowman made a motion to approve the variance. Commissioner‬ ‭DeGrande seconded the motion. Commissioners Cowman, Mauer, and Upshaw voted‬ i‭n favor. Commissioners DeGrande, McLean, and Dees voted against the variance. Due‬ ‭to not receiving the 4 necessary votes, the variance was denied.‬ ‭Item 4:‬ ‭Consideration and vote to recommend approval of the Bur Oak Estates‬ ‭No. 3 Preliminary Plat, Nick Hart applicant.‬ ‭Code Enforcement Officer Gabbert presented the details for the preliminary plat of the‬ ‭Bur Oak Estates No. 3 subdivision. He stated that the subdivision would include 6‬ ‭single family residential lots and is zoned Suburban.‬ ‭Gabbert presented information to the Planning Commission on the sewer, water,‬ ‭streets, and drainage plans for the subdivision. He advised that all plats and plans‬ ‭were consistent with article 10 of the LDO and would not be detrimental to the health,‬ ‭safety or general welfare of the community.‬ ‭Gabbert advised that staff recommendation would be to recommend approval of the‬ ‭preliminary plat, with the condition that it met all engineer and staff review comments‬ ‭and requirements.‬ ‭Paola Planning Commission Minutes‬ ‭May 21, 2024‬ ‭3‬‭of‬‭4‬  ‭Approved‬ ‭Commissioner Mauer asked if the future homes would be required to meet the‬ ‭minimum square footage requirements that other Bur Oak subdivisions have to meet.‬ ‭Newton advised that this is the same developer as the other Bur Oak subdivisions and‬ ‭he would be responsible for setting up any restrictions on the sizes of houses built on‬ ‭the proposed lots.‬ ‭Commissioner McLean asked about the sewer system servicing the proposed‬ ‭subdivision, and Gabbert advised that Public Works Director Kirk Rees reviewed the‬ ‭sewer plans and approved them.‬ ‭Commissioner DeGrande made a motion to recommend approval of the preliminary‬ ‭plat, with the condition that it met all engineer and staff review comments and‬ ‭requirements. Commissioner McLean seconded the motion, and all commissioners‬ ‭voted in favor.‬ ‭Code Enforcement Officer Gabbert advised that the year to date permit numbers were‬ ‭around 143 permits. He stated that the Taylor Forge learning center was moving along,‬ ‭and the new Lakemary dorm passed its final inspection. Gabbert advised that staff was‬ i‭nterviewing applicants for the building inspector and admin assistant positions. He‬ ‭added that there was a new business consultation for Amanda Leigh Crafts at 123 W‬ ‭Peoria St. He advised that during the March City Council meeting, the City Council‬ ‭approved the CUP for tiny homes at 1004 N Pearl St. Gabbert added, Council also‬ ‭approved new mural regulations. Newton informed the Planning Commission that HR‬ ‭Director Vicki Belt will be retiring soon.‬ ‭Item 5:‬ ‭Adjournment‬ ‭Commissioner Cowman made a motion to adjourn. The motion was seconded by‬ ‭Commissioner McLean with all Commissioners voting in favor.‬ ‭Paola Planning Commission Minutes‬ ‭May 21, 2024‬ ‭4‬‭of‬‭4‬