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HomeMy WebLinkAboutMinutes - 12/15/2021 - Planning and Zoning CommissionCity of McHenry Planning and Zoning Commission Minutes December 15, 2021 Chairwoman Rockweiler called the December 15, 2021, regular meeting of the City of McHenry Planning and Zoning Commission to order at 7:00 p.m. In attendance were the following: Bremer, Davis, Rockweiler, Smale, and Sobotta. Absent: Lehman. Also in attendance were City Planner Cody Sheriff, Community Development Director Polerecky and Economic Development Coordinator Wolf. Chairwoman Rockweiler opened the public comment portion of the meeting at 7:01 p.m. There was nobody in attendance who wished to address the Commission with public comment. Approval of Minutes: Consideration of October 20, 2021, regular meeting minutes as presented. Motion by Sobotta and seconded by Davis for approval. Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Approval of Annual Meeting Schedule 2022 Planning and Zoning Commission Meetings JANUARY - 7:00 P.M. FEBRUARY - 7:00 P.M. MARCH - 7:00 P.M. 19 Wednesday 16 Wednesday 16 Wednesday APRIL - 7:00 P.M. MAY - 7:00 P.M. JUNE - 7:00 P.M. 20 Wednesday 18 Wednesday 15 Wednesday JULY - 7:00 P.M. AUGUST - 7:00 P.M. SEPTEMBER - 7:00 P.M. 20 Wednesday 17 Wednesday 21 Wednesday OCTOBER - 7:00 P.M. NOVEMBER - 7:00 P.M. DECEMBER - 7:00 P.M. 19 Wednesday 16 Wednesday 14 Wednesday Motion by Bremer, seconded by Smale, to approve the 2022 regular meeting schedule of the Planning and Zoning Commission, as presented: Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Planning and Zoning Commission December 15, 2021 Page 2 File No. Z-1007 Gary A. Benning Use Variation and Zoning Variations for a 2-Unit Residence and Detached Coach House at 1508 N Green Street Chairwoman Rockweiler called the hearing to order at 7:05 p.m. regarding File No Z-1007 a Use Variation and Zoning Variations for a 2-Unit residence and detached coach house at the subject property, commonly known as 1508 Green Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Mr. Gary Benning, 25158 W. Lakeshore Dr. Ingleside IL and Randy Nosalik, contractor, were sworn in. Mr. Nosalik stated Mr. Benning is trying to change his property to be an allowed use for the 2-unit building with a coach house as it was purchased as a 3-flat. That was the way he bought it and wants it to comply and will make it beautiful in the neighborhood. He wants to renovate the existing coach house and continue to use it for rental housing as well. Mr. Nosalik shared history of the property. He stated there are 5 two-flats and three-flats that are on the same block when he looked recently. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the subject property was recently purchased by the petitioner. Staff is unaware nor do the petitioners know exactly how long the existing 2-flat and coach house have operated on the property. The petitioner desires to renovate the existing coach house and continue to use both buildings on the property for rental housing. In order to receive approval of a Use Variation to allow a 2-flat multifamily residence and a coach house, Planner Sheriff stated the property will also need to receive approval of the several Zoning Variations to accommodate the development, as he outlined in the Staff Report. The subject property is currently zoned RS-4 High Density Single-Family District. A multifamily residence is not permitted within the RS-4 District. Due to how long the property has operated as a multifamily residential use, staff does not believe the request would generate any adverse impacts. In summary, staff believes the proposed use of the property is in substantial conformance with the City’s Comprehensive Plan and Development Policies. The Community Development Department has been working closely with the petitioner and have already performed a walk- through inspection of the existing units. There were no building code violations noted from the walk-through inspection. The safety of the occupants of the building is the number one priority of the Community Development Department. Given the longevity of the use and the minimal impact on the surrounding property owners, Planner Sheriff stated staff does not object to the petitioner’s request and recommends approval subject to appropriate conditions. Planner Sheriff stated if the Planning & Zoning Commission agreed with staff’s assessment, then approval of the two separate motions presented was recommended. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. There were no questions from any of the Commissioners. Planning and Zoning Commission December 15, 2021 Page 3 Chairwoman Rockweiler invited questions and/or comments from the Public. Beth Taylor, 1501 N. Green St. in McHenry stated she has lived in her house about 15 years, across the street from this property. There have been no visual improvements since its purchase in 2019. She and her husband looked at the property when it was for sale and could only view the upstairs unit due to tenants in place and they walked away from it due to the extremely poor condition of the portion of the property they could see. She believes the property is an eye sore and only has very mobile renters rather than a well-maintained property and steady renters. There is no dumpster, the driveway is gravel. She does not believe the unit fits the character of the neighborhood and would love to see it returned to a single-family home. She asked why there have been no improvements since they purchased it in December 2019 – 2 years ago. Walt Taylor 1501 N. Green St. was sworn in and stated he has been a McHenry resident since the 1960’s. They have watched the property use and abuse for many years with police activity and other infringements. He opined it is not in harmony with the neighborhood, is very unkept and is asking the zoning commission to think very hard about the use of the property. Many other properties in the neighborhood have all been grandfathered in with the multi-family uses since just after World War II when it was necessary to provide housing for returning veterans and they are not fit for multi-family use any longer. Deborah Laskonis, 1505 Court St. stated she bought her house in September of 2016 and lives behind the subject property. At that time, she said her property was a single-family home turned to a two-flat and back now to single-family home. She was welcomed by the neighbors for really taking care of the home and converting it back to single family. They live in a historical neighborhood in the middle of town and believes that is what defines harmony in the neighborhood. She does not believe the intention of the property owners is pure because they’ve not cleaned it up or made any improvements in the two years they have owned it. Donna Ricordati, 1506 Green St. has lived at her address almost 30 years and has witnessed first- hand the frequent turnover of this property to renters who have taken no care or concern for the upkeep of the property and all the owners through the years have seemed to be non-existent in helping maintain the property in a manner consistent with the neighborhood. She believes it is too many rental units on one property. John Hansen, 1507 Court Street stated there is no harmony at the subject property. His family has owned his house for 30 years and described the coach house as a barn that is unkept and garbage. The property has been a continual source of trouble to his family and his home. He has had a knife pulled on him, renters fighting among themselves, and no owner to contact when there are problems. Putting three families on the property is what he and neighbors have the biggest problem with. There have been no improvements to this property for the last 20 years. Once renters get in, they have rights and there is nothing anyone can do. He asks the Commission to consider the other neighbors. Tim McCann, 3507 Broad St. stated he used to have a multi-family rental property next to him that was continually full of problem rental neighbors. The neighborhood is a mix of young and Planning and Zoning Commission December 15, 2021 Page 4 old and the owner-occupied properties are well-kept, but the rental properties are not well- maintained and very easy to identify. The fact that there are other properties with this use grandfathered in the neighborhood does not make it right to continue allowing that use. Lucas Adams, 1509 Court St just recently bought his home. It is his family neighborhood. He has been told since he was 9 years old to stay away from the subject property due to the maintenance and trouble from the renters. It hasn’t changed. These new owners have owned the property for two years and haven’t done one thing to improve it and he opines they are not really going to make appropriate changes to bring it in proper shape to be habitable. Planner Sheriff asked Director Polerecky if he had a history of property violations on property. Director Polerecky stated there is not a full history of violations in his available records. He stated the work done was done without permit and is the reason this hearing is happening. He added, however, that all work done to this point has been done to code and every bit of work done will be inspected. Commissioner Sobotta asked if the coach house was habitable space. Director Polerecky stated it was. Planner Sheriff explained that “grandfathering” does not exist. The property is not lawfully converted to a three-flat which is the need for this hearing. Code compliance is checked for the safety of the occupants and is addressed in walk-through inspections in every manner of building safety. Commissioner Sobotta inquired if other properties have two buildings on one lot? Planner Sheriff stated he could not confirm. Commissioner Bremer inquired if there is separate plumbing and proper plumbing for three units and proper gas/electric for three units. Director Polerecky could not confirm that at this time but assured the property will be inspected for plumbing, gas, and electric code compliance and all units would have to be brought into compliance. Commissioner Bremer asked whether there is parking compliance with current codes. Director Polerecky stated there is plenty of parking, but it is a gravel drive. Chairwoman Rockweiler clarified that the property is currently zoned single-family but since 2003 has been multi-family. She inquired if the motion presented by staff was denied for three units and a third family lived there then would one family be evicted. Director Polerecky verified yes that would be the outcome and eviction and leases were discussed. Director Polerecky did, however, verify there are currently only two families renting in the two-flat and no tenant in the coach house. Director Polerecky also clarified the recently turned in building permit includes upgrades to all utilities. A full description of all upgrades being done was given by the petitioner at the request of Commissioner Bremer. Mr. Nosalik stated he does not believe there have been multiple police reports on the property in the last two years since they’ve owned it. He believes the rental above the garage will be a $1500 per month rental when they are finished renovating. He opined none of the rental units will be low income. He had considered living in the coach house himself. Planning and Zoning Commission December 15, 2021 Page 5 Chairwoman Rockweiler asked for clarification on comments made by all neighbors at the hearing stating no work has been done in the past two years. Mr. Nosalik stated Covid did not allow them to do any work for the past year, but they had made some improvements inside before then. Cody stated conditions can be added in a motion by commissioners as they feel the need, including timelines. Commissioner Bremer asked for clarification on consequences if the timelines are not met. Planner Sheriff confirmed then the use will no longer be allowed. Commissioners asked if they could view photos of the renovations that have been done on the property thus far. Chairwoman Rockweiler closed the public comment portion of the hearing at 7:58 p.m. Chairwoman Rockweiler asked for a 5-minute recess to set up video to be able to view photos of renovations that have already been done on the property. Public hearing re-convened at 8:10 pm. and roll call was taken. Pictures of property renovation were shown to all in the Council Chambers and were put into the public record. Chairwoman Rockweiler clarified that some of the work had been done without a permit, but the building inspectors have been aware and inspecting for awhile now. Mr. Nosalik stated the coach house will be a two-bedroom, living room kitchen and den, 1 bath. It is in full construction stage making it not livable at the present time. Mr. Benning stated there were no renovations needed to the sewer system. Commissioner Bremer asked if there were any photos of the two-flat. Mr. Nosalik stated no pictures, those units received just paint, flooring etc. He also stated there is no mold or bugs. Size and number of rooms in each rental unit were discussed. They are hoping to get siding to keep the Victorian charm of the neighborhood. He repeatedly stated the building inspectors have stated how beautiful the improvements are so far. Commissioner Sobotta read the definition of RS-4 zoning. He questioned the proposed motion by staff because it should be for a two-flat multi-family building and detached coach house, not as it was presented. He further stated future land use designation standards and he doesn’t believe the proposal as presented meets standards. Commissioner Davis stated he believes there is evidence they are trying to improve the property, but the question is the coach house. He does want to see the driveway paved and submittal of plans for the roof and siding and replacement or repair of existing damaged siding to the motion. Commissioner Bremer stated she is having a hard time allowing two separate buildings on the property. She would rather like to see just one 2-unit building. Commissioner Smale sees the perspective of staff as to the three units having currently been used but also hears the discussion from the residents. She agrees with Commissioners Bremer and Davis on conditions being added for the driveway and siding. Chairwoman Rockweiler agrees with everything stated but is split on her thoughts on having two or three units on the property. Planning and Zoning Commission December 15, 2021 Page 6 Chairwoman Bremer asked for clarification on the number of bedrooms in each unit. Mr. Nosalik stated there will be two in the coach house, three bedrooms in the downstairs unit of the 2-flat, and 2 bedrooms in the upstairs unit of the 2-flat. Commissioner Bremer stated she believes that would provide a possibility for too many people with children on a small lot. Chairwoman Rockweiler believes this use would provide 15 dwelling units per acre and the future land use standards recommend 4-9 dwelling units per acre. Planner Sheriff verified there is adequate parking for a 2-flat. Commissioner Bremer inquired in what way the coach house could be used if a motion is made to allow two living units rather than three living units on the property. Director Polerecky responded the third unit (coach house) could be storage or could be converted to a garage but could not be occupied or rented as a habitable unit. Commissioner Davis agrees with Commissioner Bremer that the lot is too small for that many people but thinks after viewing pictures that the coach house may be the nicest buildout on the property. A question was asked if other rental properties in the neighborhood had two or three units on the property already, similar to this. Planner Sheriff stated the problem is they are everywhere and without dedicating time to a study they cannot verify every one of the buildings to rental status of the properties. Discussion ensued regarding all elements surrounding the property in regard to safety, number of habitable units allowable, variances needed and circumstances and consequences. Motion by Bremer seconded by Smale with regard to File No. Z-1007, to recommend amended approval of a use variation for a 2-unit multifamily building at 1508 N Green Street, with the following conditions, as amended: 1. The petitioner shall pave the existing gravel driveway using either asphalt or concrete. 2. The petitioner shall repair or replace any damaged siding. 3. All work shall be completed within one year of approval by City Council. 4. The petitioner shall make any repairs or improvements to the property as determined by the Zoning Administrator. 5. The dwelling unit identified as the detached coach house shall be converted into an accessory structure. and by making said motion, we believe the approval criteria for use variations have been met based upon the discussion of the planning and zoning commission at their December 15, 2021, meeting. Chairwoman Rockweiler stated she agrees with the approval criteria having positive impact on property damage and not being in harmony with neighborhood. Commissioner Bremer agrees with Chairwoman Rockweiler that the motion made better accommodates the harmony of the neighborhood that the motion originally presented. Planning and Zoning Commission December 15, 2021 Page 7 Commissioner Davis agrees with Commissioners Bremer and Rockweiler and stated the motion approval for a 2-unit vs 3-unit building is a good compromise after full discussion. Commissioner Smale agrees with all stated above and the updated motion addresses everyone’s concerns and is more consistent with the future plans of the city. Commissioner Sobotta agrees this compromise in motion is better for the harmony and local character and appreciates the petitioners understanding and attempts at fixing the property. Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Director Polerecky stated the Planning & Zoning Commission is a recommending body and the hearing will go before full City Council on January 3 at their regular city council meeting. Motion by Bremer, seconded by Davis with regard to File No. Z-1007, to recommend approval of the petitioner’s request for the following Zoning Variations as amended: 1. Variation to allow a minimum lot area of 8,744.76 square feet in lieu of the required 10,000 square feet. 2. Variation to allow a minimum lot width of 66 feet in lieu of the required 100 feet. 3. Variation to allow a front yard setback of 14 feet in lieu of the required 25 feet for the 2- unit residence. 4. Any other variations necessary to accommodate the existing development as shown in the submitted Plat of Survey. and by making said motion, we agree with Staff’s assessment that the approval criteria for Zoning Variations have been met based upon the discussion of the planning and zoning commission at their December 15, 2021, meeting . Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-1007 at 8:56 p.m. File No. Z-994 Millco Investments Conditional Use Permit and Zoning Variations for a Drive-Thru Restaurant at 4104 W. Elm Street Chairwoman Rockweiler called the continued hearing to order at 9:00 p.m. regarding File No Z- 994 a Conditional Use Permit and Zoning Variations for a Drive-Thru Restaurant at 4104 W. Elm Street. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Planning and Zoning Commission December 15, 2021 Page 8 Dan Havlir, Northwestern Engineering, 675 N North Ct., Palatine, IL was sworn in. Mr. Havlir stated he represents the developer, Robert Miller, and franchisee, Don Moore, for Arby’s. They intend to remove the existing commercial building and parking lot on the property for a new fast-food restaurant with drive thru. They intend to construct an Arby’s Roast Beef restaurant as shown on preliminary site plans included in the packet. The business will be open 7 days a week from 9am- 10pm or 9am – 11pm. There will be seating for approximately 42 patrons. They are withdrawing their request for a Zoning Variation to Parking Lot Perimeter Landscaping. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating the subject property is currently zoned C-5 Highway Commercial District on the south half and I- 1 Industrial District on the north half (parking lot) and has remained vacant for several years. Surrounded by primarily commercial and some industrial zoned properties, the proposed use of the property as a drive-thru restaurant is harmonious with the surrounding properties. Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies and the proposed site plan is mostly consistent with the City’s Zoning Ordinance Requirements. The proposed drive-thru restaurant is adjacent to a state highway which is consistent with the C-5 Highway Commercial District as an auto-oriented use. The proposed use appears to be harmonious with the surrounding land use and zoning. Staff believes the proposed development is consistent with the City’s Comprehensive Planning & Development Policies. Staff does not object to the petitioner’s request for a Conditional Use Permit for a drive-thru restaurant subject to appropriate conditions. Planner Sheriff stated if the Planning & Zoning Commission agreed with staff’s assessment, then approval of the motion presented was recommended. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. Commissioner Sobotta asked how the traffic signal would be affected. Mr. Havlir stated the signal would stay the same, but a turn arrow would most likely be added for east-bound traffic to allow them to turn north into the driveway. Planner Sheriff stated the city doesn’t have much control; signals are dictated by IDOT. Planner Sheriff added into record and presented an additional landscape plan which does comply with current codes. There were no questions from Commissioners Bremer, Walsh, Smale, or Davis. Chairwoman Rockweiler invited questions and/or comments from the Public. There were no comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 9:03 p.m. Commissioner Smale feels the request meets the approval criteria. Commissioner Bremer asked if a traffic study was needed. Planner Sheriff replied they are not typically required on a state highway and that, again, is all dictated through IDOT. Commissioner Planning and Zoning Commission December 15, 2021 Page 9 Bremer inquired if one might be done before construction? Planner Sheriff stated it is not applicable. Commissioner Sobotta stated he has concerns with traffic back-ups but understands that is not for commissioners to decide. Motion by Bremer seconded by Smale with regard to File No. Z-994, to recommend approval of the petitioners for a Conditional Use Permit for a Drive-Thru Restaurant at 4104 W. Elm Street, as outlined in the Staff Report, subject to the following conditions, as amended: 1. The petitioners shall revise their site access based on review comments from IDOT. 2. Any further site plan revisions due to comments received from IDOT shall be reviewed by the Staff Plat Review Committee who may approve, approve with conditions, or deny and refer the project back to City Council for approval. 3. The development shall be in substantial conformance with the submitted plans including the revised landscape plan presented 4. All other federal, state, and local laws shall be met. and by making said motion, we agree with Staff’s assessment that the approval criteria for Conditional Uses have been met, as amended. Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Chairwoman Rockweiler closed the hearing regarding File No. Z-994 at 9:08 p.m. File No. Z-1005 United Community Bank Trust #49-4210151 A Zoning Map Amendment to C-5 Highway Commercial District, Zoning Variations, and Conditional Use Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair, and Trailer Service and Repair Facility at 2600 IL State Route 120 Chairwoman Rockweiler called the hearing to order at 9:08 p.m. regarding File No Z-1005 a Zoning Map Amendment to C-5 Highway Commercial District, Zoning Variations, and Conditional Use Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair, and Trailer Service and Repair Facility at 2600 IL State Route 120. Chairwoman Rockweiler confirmed all legal posting requirements have been met. Robert Overholser, 21085 Geneva Lane, Cassopolis, MI, Tyler Maryness, 2600 W. Route 120, McHenry, and Toby O’Cheltree, 2600 W. Route 120 were sworn in and were represented by Attorney William McCleery. Mr. Overholser stated the applicant is a premier provider of truck bodies, van interiors and truck equipment. They are in the process of purchasing the subject property and in performing due diligence discovered the property is not zoned to meet the needs and business purposes of the business. In order for the property to meet the applicant’s purpose and intent the property needs to be rezoned and conditional use and/or variances Planning and Zoning Commission December 15, 2021 Page 10 granted. The petitioner is asking to have two of the lots rezoned to C-5 which will allow all the property to be zoned the same. The C-5 zoning is designed for businesses having large space needs and that offer goods and services that are less frequently purchased. The petitioner’s business fits the purpose of C-5 zoning districts and the business it seeks to expand to include trailers and trailer equipment. Undue hardship would occur if the application were denied due to increased leased property costs and transportation costs and risk of loss or damage to the units, chassis and or vehicles during storage and transportation. Applicants believe their site plan proposes improvements to the property and applicant will use the existing lighting onsite, assessing the lighting to ensure it does not adversely affect neighboring properties. The requests being made are crucial to the applicant’s decision to purchase the property and expand its business. They project having 47 employees onsite and operating hours Monday through Saturday 9am-5pm. They believe their success will increase opportunities in McHenry and boost tax revenues. City Planner Sheriff provided the Commission with the Staff Report regarding this file stating currently occupied by R.A. Adams, the petitioner is seeking approval to run similar business operations involving sales, maintenance, and display of truck bodies, van interiors, and truck equipment. The subject property was annexed into the City of McHenry in 1996. Prior to the annexation, the property was also granted approval of several zoning items including a Conditional Use Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair, Trailer Service and Repair, and Outdoor Advertising Signage. A portion of the property was rezoned to C-5 Highway Commercial District with the remaining area rezoned to BP Business Park District. In 1998, the owners of the property rezoned a portion of the BP Business Park property to C-5 Highway Commercial District. However, the property owners did not request to expand their conditional use to those areas. Since that time, the property owner has expanded unlawfully northward beyond what was originally approved. The petitioner desires to purchase the property and are seeking zoning approval to bring the unlawful expansion into conformity with the Zoning Ordinance and continue the operation for the sale and display of large commercial vehicles and trailers. The contract purchaser of the property desires to remain confidential until zoning approval is granted to protect their reputation within the industry. The proposed use of sale and maintenance of large commercial trucks and trailers is mostly consistent with the Future Land Use recommendation. The current and proposed use of the property involves the sale, display, and maintenance of large commercial trucks and trailers. The site’s proximity to a state highway provides adequate capacity to service the development which may involve the movement of large commercial vehicles. The primary concern is how the proposed use will interact with the adjacent property owners. Details were presented. Overall, staff believes the proposed development is consistent with the City’s Comprehensive Plan objectives and policies. Located next a residential subdivision, staff believes the existing site landscaping is adequate to provide screening and privacy. Overall, staff believes the proposed use will not generate any adverse impacts on the surrounding property owners. Staff does not object to the petitioner’s Planning and Zoning Commission December 15, 2021 Page 11 request and recommends approval subject to appropriate conditions. Planner Sheriff stated if the Planning & Zoning Commission agreed with staff’s assessment, then approval of the three separate motions presented was recommended. Staff is very comfortable with all the variation requests as they were presented, including gravel and landscape screening. Planner Sheriff stated he did receive a telephone call from a neighbor who requested a privacy fence in the northwest corner of the property be repaired and that the new property owner go through and clean up the existing landscape berm and remove any dead or dying trees. The petitioners agree and a condition is included in the motions that addresses these requests. The petitioners presented photos of upgrades being proposed for the property and depicting the layout and condition of other properties they maintain. These were viewed by all present. Chairwoman Rockweiler invited questions and/or comments from the Commissioners. There were no questions or comments from the Commissioners. Chairwoman Rockweiler invited questions and/or comments from the Public. There were no comments from the public. Chairwoman Rockweiler closed the public comment portion of the hearing at 9:19 p.m. Commissioners Bremer, Davis, Smale, and Rockweiler stated their only concerns have been addressed. Commissioner Sobotta asked for clarification on the unlawful expansion done prior. Planner Sheriff stated the proposal tonight brings the area into compliance and the petitioner did not do the expansion, the previous property owner did. Motion by Davis seconded by Smale with regard to File No. Z-1005, to recommend approval of the petitioner’s request for a zoning map amendment from the BP Business Park District to the C-5 Highway Commercial District on lots 15-17 and part of lot 14, and by making said motion, we agree that the approval criteria for Zoning Amendments have been met as outlined in the staff report, as presented. Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Motion by Bremer seconded by Smale with regard to File No. Z-1005, to recommend approval of the petitioner’s request for a Conditional Use Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair, and Trailer Service and Repair, as outlined in the staff report, subject to the following Conditions, as amended: 1. The property owner shall maintain the existing landscaping and screening onsite. 2. The property owner shall be responsible for replacing any landscaped screening onsite that is damaged or destroyed. Planning and Zoning Commission December 15, 2021 Page 12 3. The property owner shall provide the city with a tree survey of the site within 6 months of approval by City Council. 4. The outdoor storage and display areas shall be maintained in a neat and orderly appearance as determined by the Zoning Administrator. 5. In the event the school district removes the existing trees along the north property line, the property owner shall be required to install landscaping and screening in compliance with §11-13-2, Table 2 – Residential Screen Strip Design Standards. 6. The development shall be in substantial conformance with the submitted plans. 7. All other federal, state, and local laws shall be met. 8. Petitioner shall be responsible for replacing any existing privacy fencing on the site that is damaged or destroyed. AND by making said motion, we agree with staff’s assessment that the approval criteria for Conditional Uses have been met as amended from the staff report. Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Motion by Smale seconded by Bremer with regard to File No. Z-1005, to recommend approval of the petitioner’s request for the following Zoning Variations as outlined in the staff report, as presented: 1. Zoning Variation to allow an interior side yard setback of approximately 24 feet in lieu of the required 25 feet for the easternmost metal storage building. 2. Zoning Variation to allow relief from §11-13-2 Table 2 – Residential Screen Strip Design Standards subject to the condition that screening shall be installed as depicted on the submitted site plan and conditions of approval listed under the Conditional Use Permit for Outdoor Storage, Open Sales Lot, Automobile Service and Repair, and Trailer Service and Repair. 3. Zoning Variation from Outdoor Storage regulations to allow a gravel storage area. 4. Any other Zoning Variations necessary to accommodate the proposed development. AND by making said motion, we agree the Variance Approval Criteria has been met as outlined in the staff report. Roll Call: Vote: 5-ayes: Commissioners Bremer, Davis, Rockweiler, Smale, and Sobotta. 0-nay; 0-abstained; 1-absent: Lehman. Motion Carried. Chairwoman Rockweiler closed the public hearing regarding File No. Z-1005 at 9:28 p.m. Open Discussion: A vice-chairman is needed for the commission. Planner Sheriff asked for a volunteer. Commissioner Sobotta agreed to be vice-chairman of the commission. All agreed. Planner Sheriff explained they are doing a good job of having robust discussions on zoning requests. He asked commissioners to provide input and feedback on the process in place. Positive input was given but it was noted to be mindful that a softer touch may be necessary with Planning and Zoning Commission December 15, 2021 Page 13 the public. Discussion ensued. There was discomfort with tonight’s proceedings when some of the motions were changed completely based on discussion. Direction was asked for to obtain more commissioner education on what is allowed. Commissioner Sobotta asked why the city attorney does not attend as they had in the past. Planner Sheriff replied it is basically not cost- effective and he has the experience to explain what is allowed and what isn’t. Director Polerecky explained if there are known conflicts the city attorney will be asked to attend. Commissioners asked for written procedures on what can and can’t be asked by commissioners at a hearing. Commissioners requested that hard copies of the packets be available at the meetings. Further discussion on how to conduct the meetings and approval criteria ensued. Staff Report: The next meeting is Wednesday January 19, 2021. Planner Sheriff gave city updates including a preview of the new City website which will launch next week and upcoming development projects in the city. Adjourn: Motion by Smale and seconded by Bremer, all approved. Meeting adjourned at 10:05 p.m.