September 13, 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, Mary Mach, Ron Schacht and Paul Schramm.
2. Next, was the approval of the minutes from the August 8th, 2010 meeting.
Secretary Bedlan noted that 4 typos were corrected on items 3, 4 and 5. Member Mach made the motion to approve the minutes of the August 8th, 2010 meeting “as amended” and member Koerwitz seconded the motion. By roll call, the vote was: 5 - "yes" (Kleine, Koerwitz, Mach, Schacht, Schramm) / 0 - "no". The motion passed.
3. Next was the application for Certificate of Work in the Historic District request HD-2010-07 from Fairbury, NE Masonic Lodge #35 in regards to work being done on Kettelhut Real Estate and Great Western Bank at 513 and 515 E Street. Legally described as Lot 1, Block 18, Original Town Addition, Fairbury, Jefferson County, Nebraska. Located in the B2 – Downtown Commercial Zoning District and the HD – Historic District Overlay. Discussion, taking of any necessary or desired action.
Zoning Administrator Bedlan stated that this application is for the construction of an awning and recommended that it be reviewed by the Historic Preservation Committee as awnings are governed by the historic district ordinance. Member Koerwitz made the motion to recommend the Application for Certificate of Work in the Historic District HD-2010-07 from Fairbury NE Masonic Lodge #35 be transmitted to the Historic Preservation Committee for their review and the taking of any necessary desired action. Member Mach seconded the motion. By roll call, the vote was: 5 - "yes" (Kleine, Koerwitz, Mach, Schacht, Schramm) / 0 - "no". The motion passed.
4. Next was the Special Use Permit request SU-2010-06 from Janice Judd for home occupation (jewelry business) located at 902 H Street, R2 – Medium Density Residential Zoning District as stated in Article 5, Section 5.07, d of the Zoning Ordinance of the City of Fairbury, Nebraska – 2005 Edition. The request is to allow for a home business in the Medium Density Residential District. The legal description of the property is described as: Lot 16, Block 4, Kings 2nd Addition to the City of Fairbury, Jefferson County, Nebraska. Discussion, taking of any necessary or desired action
Mary Stapaules was present and spoke in regards to this special use permit application. She is Janice’s daughter, lives in the house at 902 H Street and will be the business owner/operator. She explained that for the last 3 years she has been assembling jewelry and now she would like to start a business selling the jewelry. She clarified that she does not make the beads and will not be using a kiln or producing any toxic fumes or anything of that nature in the production of her jewelry. Member Mach questioned if she will have customers come to her house. Mary stated that she has only had 2 people stop at her house in the last 3 years and most of her business will be done over the internet and at craft shows. Mary also stated that if customer traffic begins to cause a problem at the residence she will move her business elseware. Chairperson Kleine read the definition of home occupation stating that she seems to meet all the requirements except for the sign requirement. Mary stated that she has moved the sign from her front yard up to the house. Chairperson Kleine stated that the definition clearly states that it must be attached to the building. Mary stated that she plans to have a 6 foot privacy fence place all around the property so if the sign were attached to the house it would not be visible. Member Schacht questioned if it could be attached to the fence. It is noted again that the definition states it needs to be attached to the building. Member Koerwitz questioned if any neighbors object to this business. Bedlan stated that she has had some complaints from a neighbor who stated that he was concerned about an increase in the amount of traffic in the area and parking. Commission members stated that they do not imagine there will be much traffic if the business is web based and there appears be a long enough driveway for some parking. It is noted that the entrance to her business will be from the south and that the house is approximately 70 feet from the garage with a 28 foot drive. It is suggested that the sign might be able to be put up high enough to be visible over the fence. The Commission stated that although the fence may make it difficult to view the sign the requirements do state that the sign must be attached to the building and they agree that this is appropriate for a residential neighborhood. Member Mach made the motion to recommend the approval of Special Use Permit SU-2010-06 from Janice Judd for a home occupation (jewelry business) located at 902 H Street to the City Council on the condition that she remains in compliance with the standards of article 6.05 of the Zoning ordinance of the City of Fairbury, Nebraska – 2005 addition. Member Schacht seconded the motion. By roll call, the vote was: 5 - "yes" (Kleine, Koerwitz, Mach, Schacht, Schramm) / 0 - "no". The motion passed.
5. Next was the Annual review of Special Use Permits. Discussion, taking of any necessary or desired action.
Member Schramm made the motion to remove this item from the table. Member Mach seconded the motion. By roll call, the vote was: 5 - "yes" (Kleine, Koerwitz, Mach, Schacht, Schramm) / 0 - "no". The motion passed.
Bedlan presented the committee with a more complete packet of information in regards to Special Use Permits and signage as pre their request at the last meeting. Chairperson Kleine reminded the committee that during their review last month there was some concern about signage for home occupations and it was suggested that the review be tabled until more information could be provided. Bedlan started with the Markey special use permit stating that the property is actually located in a commercial district and does not require a special use permit. At this time she does not require special use permits for home business located in commercial and light industrial districts. The City attorney has stated that homes in commercial and/or industrial districts are nonconforming and cannot be expanded (by alteration or use) therefore they would not qualify for a special use permit. However, 4.22(b)(3) of the city zoning ordinance states that “if no structural alterations are made, any nonconforming use of a structure or structure and premises may be changed to another nonconforming use provided that the Board of Adjustment either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use.” This, in affect will only allow the Board of Adjustments to authorize Special Use permits for home occupations located in commercial / industrial zones either by general rule or on a specific case by case basis. She stated that in reviewing this permit they must deal with the broader issue of whether or not the city will allow for home occupations in commercial districts which appears to be something that needs to be reviewed by the Board of Adjustments upon Planning and Zonings request. Once that is determined the Planning and Zoning Committee will need to address the signage and whether or not they will allow for commercial signs in a commercial district on a residential property. She also states that regardless of their decision the street department will require Markey to move their sign west a minimum of 8’ so that it is out of the right of way. If it is determined that they should be allowed to keep the sign they will be required to move it further west another 5’ to comply with the ground sign requirements in the zoning ordinance Article 7, section 7.06 (f). Member Kleine states that it appears that the real issue is that the zoning is wrong for that area and states that she believes it was done that way because there was an existing junkyard on Tilden. Member Schacht stated that it is still there. Bedlan noted that the junkyard is an existing nonconforming. Member Koerwitz stated that it appears that this needs to be reviewed by the Board of Adjustments. Chairperson Kleine referred to the minutes of April 10, 2006 and questioned if the decision to place the property under the jurisdiction of the nearest residential zoning classification had any precedence. Bedlan stated that there is nothing in the zoning regulations that defends that decision. Kleine stated that last year they were asked to change the sign and nothing was done. Member Koerwitz notes that we are not in conformity, some have permits and some don’t. He also questioned if there is anything we can do to have the sign changed. Chairperson Kleine noted that because she in a commercial district she can have the ground sign. Bedlan stated again that the street department will require her to move the sign out of the right of way which would move it 8’ to the west and then if it is considered a ground sign it would need to be moved another 5’ to be in compliance. Member Schramm noted that that would put the sign about back to the garage and that would be better than where it is. Chairperson Kleine questioned if the granting of the continuance of this specific special use permit should be tabled until the general issue of granting special use permits in commercial / industrial districts is decided upon. Member Koerwitz made the motion to table the review of the Markey special use permit until the next meeting. Member Schramm seconded the motion. By roll call, the vote was: 5 - "yes" (Kleine, Koerwitz, Mach, Schacht, Schramm) / 0 - "no". The motion passed.
Chairperson Kleine questioned the commissions’ opinion of the signage at Francis’s taxidermy business. She read from the minutes of the January 14, 2008 meeting stating that Francis was asked about the signage and he agreed to create a sign that would conform to the regulations. Chairperson Kleine noted that his current sign does not conform to regulations. All other members agreed that the sign should meet the requirements as stated in the Zoning ordinance definition of home occupation Article 2, Section 2.02. Member Mach questioned if they send out a letter requesting he come into compliance how long should they give him to do so. Bedlan stated that on other violation letters she usually will request they come into compliance within 30 days or contact her department to make arrangements to do so. Member Schacht made the motion to send a violation letter to Francis requesting he comply with the home occupation sign requirements or contact the Planning Commission secretary’s office to make arrangements to do so within 30 days or the Planning Commission will recommend his special use permit be revoked. Member Mach seconded the motion. By roll call, the vote was: 5 - "yes" (Kleine, Koerwitz, Mach, Schacht, Schramm) / 0 - "no". The motion passed.
Chairperson Kleine stated there appears to be problems with the signage at the Barnett Bait Business as well. Member Koerwitz noted that Barnett has two signs in front of his house on K Street and one on his garage. Member Schramm stated the he believes it is important to be consistent in their ruling and that they should be sent a violation letter also. Member Mach made the motion to send a violation letter to Barnett requesting he comply with the home occupation sign requirements or contact the Planning Commission secretary’s office to make arrangements to do so within 30 days or the Planning Commission will recommend his special use permit be revoked. Member Schramm seconded the motion. By roll call, the vote was: 5 - "yes" (Kleine, Koerwitz, Mach, Schacht, Schramm) / 0 - "no". The motion passed.
Chairperson Kleine questioned if there were any concerns about any other special use permits. There were none. The following permits were allowed to continue;
· Meredith at 500 N St.
· Moellenberndt at 56905 Hwy 136
· Weichel at 1523 E St.
· Troxel at 921 22nd St.
· Hergott at 306 E St.
· Weigert at 56935 Brawner Ave.
· Byrd at 711 B St.
· Livingston at 500 4th St.
· Stelling at 1507 G St.
· Hunt at 515 5th St.
6. Next was the review of Article 2 Definitions, (pg. 2-14).
Chairperson Kleine noted some points of interest when reviewing the definitions. She commented on the definition of breezeway and notes that they are often open. Member Schramm states that he believe that most individuals in this area would assume breezeways to be closed. Bedlan notes that the definition also restricts breezeways from being an extension or addition to the primary structure. Bedlan clarified the definition of party walls giving the downtown buildings as an example. It was agreed that the definition of grade was very complicated and it is suggested that it be simplified. Chairperson Kleine suggested RV’s be added to the campsite definition. Chairperson Kleine noted a typo in child care home. Bedlan explained that child care homes and centers are now listed as permitted uses in every zoning district except the industrial districts so do not require special use permits. Chairperson Kleine questioned #1 Permanently Attached and #2 Permanent Foundation listed under the definition ‘Dwelling, Mobile Home’ questioning if those words should be defined within another definition and suggesting that instead they could be defined separately on their own. It is agreed that they should be. Due to the length of the meeting Chairperson Kleine suggest continuing this review at the next Planning and Zoning meeting.
7. Next were comments from the public on non-agenda items.
With no other business on the agenda and no comments from the public on non-agenda items member Koerwitz made the motion to adjourn. Member Schramm seconded the motion. By roll call, the vote was: 5 - "yes" (Kleine, Koerwitz, Mach, Schacht, Schramm) / 0 - "no". The motion passed.
Laura K. Bedlan
Planning Commission Secretary