November 9, 2009
7:30 p.m.
Chairperson Mueller read the statement regarding the Open Meetings Act.
1. Member Mueller called the meeting to order at 7:30 p.m. and asked for roll call. Other members present were: Cathy Kleine, Greg Koerwitz, Bill Runge, Robert Brackle and Kendall Schlake.
2. Next, was the approval of the minutes from the October 12th, 2009 meeting.
Member Kleine made the motion to approve the minutes of the October 12th, 2009 meeting and member Runge seconded the motion. By roll call, the vote was: 6 - "yes" (Kleine, Mueller, Koerwitz, Runge, Schlake, Brackle) / 0 - "no". The motion passed.
3. Next, was the hearing regarding changes to section 4.13 of the Fairbury Zoning Regulations – 2005 Edition.
Bedlan explained the information they received in their packets stating that she sent them the proposed ordinance (allowing for accessory buildings on a lot without a primary building) including the previously suggested requirements for these types of buildings and a map showing the proposed building on the city’s most common 7500 square foot lot. Bedlan noted the maximum size of these buildings is 1260 square feet with 14’ sidewalls and they can be located on lots without primary buildings. Member Kleine asked if the zoning change to allow for accessory buildings on lots without primary buildings has been before the City Council yet to which Bedlan responded that it has not and that she was waiting until the new ordinance was written and approved before presenting it to Council. Bedlan explained to Brackle that in residential areas there is a smaller square foot requirement and that this change to the ordinance will make it easier to build a larger accessory building on a smaller “undesirable” lot. Chief Voss spoke to the commission clarifying that these are lots that do not already have primary structures. Member Kleine states that she believes there should be a limit to the lot sizes so that these buildings are not built on lots that are considered large enough for residential structures. Brackle questions the landscaping requirement. Administrator Parker spoke to the commission stating that as he begins to demo houses in the community he believes that this is an opportunity for some of these smaller lots to be used for garages rather than left empty. He also notes that everything will be built to code and required to follow the nuisance ordinance as enforced by Chief Voss. Member Kleine questioned a size limit again. Bedlan stated that if you buy two vacant abutting lots that might put you over your maximum lot size limit. Chief Voss noted that the City did not include a size limit because they wanted to include large odd shaped lots and/or large lots located in areas with less potential for residential building. Member Kleine noted that they could still put buildings on those types of lots they would just need to get special use permits to do so. Brackle requested clarification on the combination of lots and maximum size limits for the garages on lots with primary structures. Bedlan explained the current zoning requirements and also noted that at the next meeting they will need to discuss allowing for larger garage sizes as requested by the Board of Adjustments. She noted that most of the variance requests heard by the Board of Adjustments are regarding garage square foot sizes and height. Chief Voss responded to Brackle’s question about the vegetation requirements stating that the word vegetation is used to allow for a verity of landscaping options and to make it easier to enforce. The reason that the front ½ of the lot is specified for vegetation requirements is because of the concerns about how these buildings will look when driving down the street, which is also why the building is only allowed to be built on the back ½ of the lot. Member Mueller asked if the question of maximum lot sizes had been resolved. Member Kleine questioned the size of the odd shaped lots the city was concerned about. Bedlan Stated that the average city lot was 50 X 150 or 7500 square feet and the larger lots in question are located by the railroad tracks and/or the edge of town and are anywhere from 7,000 square feet to 15,000 square feet. Bedlan noted that if the Commission chooses to set a maximum lot size for these accessory buildings she would prefer it be noted in the ordinance that the individual can get a special use permit if they choose to make any modification to the requirements because, according to state statute the Board of Adjustments should not be approving anything that is not an ‘extreme’ hardship and this would not be considered and ‘extreme’ hardship. Member Schlake stated he prefers to simplify the ordinance and noted that the building size limit may be enough to restrict construction on larger “buildable” lots. He notes that no matter how big the lot gets they will still only be able to build a 1260 square foot accessory building on it. Brackle noted that on smaller lots the setbacks will force the individual to adjust the building size. Member Mueller closed the hearing and noted that the agenda does not specify any action to be taken so they cannot make recommendations tonight. Bedlan apologized for the mistake and suggested they hear and take action at their next scheduled meeting.
4. Next, was the discussion and recommendations regarding the removal of members Denise Blatny and Yvonne Ridder from the Planning Commission for neglect of duty.
Bedlan stated that Blatny could not be reached at her contact numbers and has not attended a meeting since July 13th 2009. Ridder also, could not be reached at her contact numbers and has not attended a meeting since February 9th 2009. Bedlan stated that by ordinance she either needs a letter of resignation or the council needs to vote to remove the member before another can be assigned to the position. Member Runge made the motion to recommend to the City Council, the removal of members Denise Blatny and Yvonne Ridder from the Planning Commission for neglect of duty. Member Schlake seconded the motion. By roll call, the vote was: 6 - "yes" (Kleine, Mueller, Schlake, Runge, Koerwitz, Brackle) / 0 - "no". The motion passed.
5. Next, were comments from the public on non-agenda items.
Member Mueller asked if there were any comments from the public on non-agenda items. Chief Voss wanted to give the council the heads up that next month they will start discussing changes to maximum garage sizes in residential zones and asked that the commission start to think about sizes they feel are appropriate. Bedlan noted that she would contact other cities and do some investigation into the matter then put some suggested square foot sizes along with copies of the current ordinances for R1-R3 in the packets.
6. With no other business on the agenda, Member Brackle made the motion to adjourn. Member Koerwitz seconded the motion. By roll call, the vote was: 6 - "yes" (Kleine, Mueller, Schlake, Runge, Koerwitz, Brackle) / 0 - "no". The motion passed.
Laura K. Bedlan
Planning Commission Secretary