August 9th, 2010
7:00 p.m.
Chairperson Kleine read the statement regarding the Open Meetings Act.
1. Chairperson Kleine called the meeting to order at 7:00 p.m. and asked for roll call. Other members present were: Greg Koerwitz, Kendall Schlake, Bill Runge, Paul Schramm, Robert Brackle and Bob Stepp.
2. Next, was the approval of the minutes from the July 12th, 2010 meeting.
Secretary Bedlan noted that two typos were corrected on items 3 and 4. Member Brackle made the motion to approve the minutes of the July 12th, 2010 meeting as amended and member Koerwitz seconded the motion. By roll call, the vote was: 7- "yes" (Kleine, Koerwitz, Stepp, Runge, Schramm, Schlake and Brackle) / 0 - "no". The motion passed.
3. Next was the Special Use Permit request SU-2010-04 from Priscilla & Bill Stelling in regards to the maximum square foot requirement (1,000 sq. ft.) for an accessory building located in the R3 High Density Residential zoning district as stated in Article 5, Section 5.08 Special Provision 3 of the Zoning Ordinance of the City of Fairbury, Nebraska 2005 Edition. The request is to allow for the placement of an accessory building exceeding 1,000 square feet. The legal description of the property is described as: South ½ of Lot 4 and all of Lot 5, block 7, Gross Heirs Addition, City of Fairbury, Jefferson County, Nebraska [1507 G Street.]. Discussion, taking of any necessary or desired action
Bill Stelling was present and explained that the garage is L shaped with one entrance from the east and 3 doors to the west. He stated that they plan to remove the existing garage and build a larger garage in that same spot. Bedlan stated that the only reason for the special use permit is because the garage exceeds the 1000 square foot requirement. She stated that the proposed garage is still well within the 1260 maximum square foot requirement for a special use permit and the total lot coverage is under the required 50%. Member Runge made the motion to recommend the approval of Special Use Permit request SU-2010-04 from Priscilla & Bill Stelling to allow for the placement of an accessory building exceeding 1,000 but less than 1,260 square feet at 1507 G Street as allowed in Article 5, Section 5.08 Special Provision 3 of the Zoning Ordinance of the City of Fairbury, Nebraska 2005 Edition. Member Schlake seconded the motion. By roll call, the vote was: 7- "yes" (Kleine, Koerwitz, Stepp, Runge, Schramm, Schlake and Brackle) / 0 - "no". The motion passed.
4. Next was the application for Certificate of Work in the Historic District request HD-2010-06 from Thom Hunt in regards to the request for a Special use permit at 515 5th Street. Legally described as W 2/3 of lot 2 and all of lot 3, Blk. 26, Original Town Addition, Fairbury, Jefferson County, Nebraska. Located in the B1 Downtown Commercial Zoning District and the HD Historic District Overlay. Discussion, taking of any necessary or desired action.
Bedlan explained that in the past she had recommended that these requests be passed to the Historic preservation committee however after some discussion with the city attorney and the state historic preservation commission it appears that the planning commission has the option to issue a certificate of no material effect if they feel the required permit and/or changes are not governed by the historic district overlay ordinance. Issuing a certificate of no material effect would in affect be an approval of the application without it having to be seen by the historic preservation committee. Bedlan also notes that the state historic preservation commission will be giving a presentation to the Fairbury historic preservation committee tomorrow if anyone has any more questions for them. Member Brackle made the motion to issue a no material effect certificate in regards to the application for Certificate of Work in the Historic District request HD-2010-06 from Thom Hunt for a Special use permit at 515 5th Street. Member Stepp seconded the motion. By roll call, the vote was: 7 - "yes" (Kleine, Koerwitz, Stepp, Runge, Schramm, Schlake and Brackle) / 0 - "no". The motion passed.
5. Next was Special Use Permit request SU-2010-05 from Thom Hunt in regards an apartment located in the B1 General Commercial Zoning District as stated in Article 5, Section 5.10, 3i of the Zoning Ordinance of the City of Fairbury, Nebraska 2005 Edition. The request is to allow for an apartment located in the General Commercial District. The legal description of the property is described as: West 2/3 of lot 2 and all of lot 3, Block 26, Original Town, City of Fairbury, Jefferson County, Nebraska [515 5th Street]. Discussion, taking of any necessary or desired action
Thom Hunt was present and explained that the front 1/3 of the building will be a business and it will still look like a business from the front windows. He plans on putting his private apartment to the rear of the building. He also states that there is ample parking in rear where the old beer garden used to be. Member Brackle questions if Hunt will be able to get his big pieces of art in the gallery to which Hunt replies that the ceilings are 15 which will be plenty of room for his art. He also notes that his wife may also start a used book store in the gallery. Member Stepp questions how Hunt will get his sculptures in the building. Hunt explains that there are double doors in the back that will allow a wide enough entrance. Bedlan explained that Hunt is located in general commercial zoning which allows for an apartment by special use permit. Member Runge questioned if the neighboring businesses have been notified. Hunt explained that American Family is the only neighboring business and they are ok with the apartment. Bedlan noted that if the special use permit is passed then Fire Chief Voss will need to issue an occupancy permit and at that time it will be inspected to insure it meets code. Member Stepp made the motion to recommend approval of the Special Use permit SU-2010-05, for an apartment located in the General Commercial District at 515 5th Street to the City Council. Member Runge seconded the motion. By roll call, the vote was: 7 - "yes" (Kleine, Koerwitz, Stepp, Runge, Schramm, Schlake and Brackle) / 0 - "no". The motion passed.
6. Next was the Annual review of Special Use Permits. Discussion, taking of any necessary or desired action.
Member Kleine refered to the special use permit section of zoning and notes that there is a requirement on signage that is not being enforced. She states that the Planning and Zoning Committee has the power to issue notices on the noncompliant signs and then fines if the property owner refuses to come into compliance and/or recommend revocation of their special use permit. Member Schramm questions what kind of time frame the property owner should be given to come into compliance. Member Schlake questions if there is anything in zoning that addresses the revocation of a special use permit and a suitable amount of notice. Bedlan states that the special use permits can be revoked at any time and then she explains the procedure for notice. Stating that she would first need to be directed by the committee to address a specific compliance issue then she would send out a letter requiring the property owner to remedy the problem in a specified amount of time to be determined by the committee and if the property owner does not then the committee can either recommend the revocation of their special use permit and shut down their business and/or recommend a $100 a day fine until they come into compliance. Member Kleine states that she believes the signs need to be addressed on an individual basis. As she begins to do this the members begin to question why Mollenbrant even has a special use permit and what the sign requirements really are. The members came into agreement that they need to look at each sign specifically. Member Runge made the motion to table this review until the next meeting on September 13th, 2010, directing Bedlan to pull the permits on the properties in question. Member Brackle seconded the motion. By roll call, the vote was: 7 - "yes" (Kleine, Koerwitz, Stepp, Runge, Schramm, Schlake and Brackle) / 0 - "no". The motion passed.
7. Next were comments from the public on non-agenda items.
Chairperson Kleine requested that the committee read a section of the zoning ordinance prior to every meeting as a review because there are several new members, there have been a lot of changes recently and to help clarify some of the questions the committee members may have. Bedlan stated she would be able to get everyone new copies of the ordinances so that everyone would be on the same page when they review. All the members agreed and chairperson Kleine suggested they start by reading Article 2 - Definitions (pages 1-14). 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 Stepp seconded the motion. By roll call, the vote was: 7 - "yes" (Kleine, Koerwitz, Stepp, Runge, Schramm, Schlake and Brackle) / 0 - "no". The motion passed.
Laura K. Bedlan
Planning Commission Secretary