February 8, 2010
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, Bob Stepp, Robert Brackle, Kendall Schlake and Paul Schramm.
2. Next, was the approval of the minutes from the January 11th, 2010 hearing.
Two typos were noted and Bedlan stated that she would amend the minutes to reflect the suggested corrections. Member Stepp made the motion to approve the minutes of the January 11th, 2010 hearing “as amended” and member Kleine seconded the motion. By roll call, the vote was: 6 - "yes" (Kleine, Mueller, Brackle, Schlake, Schramm and Stepp) / 0 - "no". The motion passed.
3. Next, was the application for Certificate of Work in the Historic District. Request HD-2010-01 from Ronald R. Brackle in regards to work being done at 528 5th Street, 425 F Street and 417 F Street. Legally described as Lot 1, Blk. 26, Original Town, Fairbury, Nebraska. Located in the B1 – General Commercial Zoning District and the HD – Historic District Overlay. Discussion, taking of any necessary or desired action.
Bedlan explained that for these applications to be moved on to the Historic Preservation Committee for grant approval they need to first be seen by the Planning and Zoning Commission and if Planning and Zoning so chooses they can issue a ‘no material effect certificated’ pending approval of the Historic Preservation Commission. This then moves the application to the Historic Preservation Commission for their review prior to grant approval. Member Kleine questioned if the bids submitted with the application were still good to which Bedlan stated that she assumed they were because it is what he applied for and regardless, he would only be reimbursed for the amount specified in the application. Member Mueller notes that the main concern is that he is not compromising the historic nature of the building and that his understanding is that the Historic Preservation Committee is in charge of monitoring that. Member Kleine made the motion to issue a ‘no material effect certificate’ pending approval of the Historic Preservation Commission. Member Schlake seconded the motion. By roll call, the vote was: 6 - "yes" (Kleine, Mueller, Schlake, Brackle, Schramm and Stepp) / 0 - "no". The motion passed.
4. Next, was the application for Certificate of Work in the Historic District. Request HD-2010-02 from Dr. Jeffery John Johnson in regards to work being done at Johnson Family Vision Care [521 E Street and 523 E Street]. Legally described as Lot 3, Blk. 18, Original Town, Fairbury, Nebraska. Located in the B2 – Downtown Commercial Zoning District and the HD – Historic District Overlay. Discussion, taking of any necessary or desired action.
Bedlan stated that this application is similar to the previous one and needs to be seen at the Planning and Zoning level before it gets moved to the Historic Preservation Commission. Member Stepp made the motion to issue a ‘no material effect certificate’ pending approval of the Historic Preservation Commission. Member Brackle seconded the motion. By roll call, the vote was: 6 - "yes" (Kleine, Mueller, Brackle, Schlake, Schramm and Stepp) / 0 - "no". The motion passed.
5. Next, was the public hearing regarding changes to maximum size limits of accessory buildings in all Residential Zoning districts of the Fairbury Zoning Regulations – 2005 Edition, Sections 5.06 – 5.09 Discussion; taking of any necessary or desired action.
Bedlan noted that these were the same maximum size limits that were presented to the commission last month and that they are just hearing on them now. She stated that if the commission chooses to recommend acceptance of these new size limits she will combine the last several hearings in regards to zoning changes and have them all heard at the council level. Member Brackle questioned what the previous size limits and restrictions were, which, Bedlan read off for each district. She noted that although the new size limits are the same for each district the percent of lot and size of lot will also play a part in dictating size limitations on a by lot basis. Currently, if individuals want to build larger buildings than are allowed in the district they have to be seen by the Board of Adjustments and over time it became apparent to the Board of Adjustments that the existing size limits were not adequate so they requested that Planning and Zoning look into increasing the size limits for accessory buildings. Member Kleine stated that she noticed a typo in the R2-Medium Density Residential District Special Provisions #2 where maximum lot coverage is written as 40% and then in the parentheses it states (35%). It is noted that all the other sections state 40% and member Brackle stated that in the 5a. chart maximum lot coverage is listed as 40% so the commission suggests the typo be corrected form 35% to 40% when they amend the zoning for this section. Member Schlake made the motion to recommend the acceptance of the proposed changes to size limits in all residentially zoned areas of Fairbury and the percent of maximum lot coverage typo change in the R-2 Medium Density Residential Zone of Fairbury to the City Council. Member Stepp seconded the motion. By roll call, the vote was: 6 - "yes" (Kleine, Mueller, Brackle, Schlake, Schramm and Stepp) / 0 - "no". The motion passed.
6. With no other business on the agenda and no comments from the public on non-agenda items member Brackle made the motion to adjourn. Member Schramm seconded the motion. By roll call, the vote was: 6 - "yes" (Kleine, Mueller, Brackle, Schramm, Schlake and Stepp) / 0 - "no". The motion passed.
Laura K. Bedlan
Planning Commission Secretary