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MINUTES April 10, 2006
Chairman Brown called to order the regular meeting of the Winner Planning and Zoning Commission at 5:00 pm in the basement of the Wells Fargo Building, 425 Main Street with members Daughters, Fast, and Schramm present. Administrator Kirsch was also present. Commissioner Finney arrived late. Commissioners Foreman and Phillips were absent. Chairman Brown requested approval of the minutes for the previous meeting. Motion made by Schramm, second by Fast to approve the minutes of the March 27, 2006 meeting. Motion carried.
Chairman Brown requested approval of the agenda with the addition of two items, 911 addressing and term limits. Motion made by Daughters, second by Fast, to approve the agenda. Motion carried. Chairman Brown announced that this was the time and place for the public hearing for the requested zone change from R3 to C1 submitted by Anderson’s U Stor-It for Lots 5-7, Block 3, Sunrise Addition. After having no response to hear from opponents and proponents, he requested the staff report from Administrator Kirsch. Kirsch stated that we had one contact on the subject. A neighbor had asked if the change would impact her taxes. She also complimented the business on the maintenance of their property. Kirsch reported that the subject property was a majority portion of a single parcel in which the minor portion was rezoned C1 in 1988 and 1990. The applicant also owns frontage on Highway 44 that will serve as the access to the complex. Kirsch reminded the Commission that the request was consistent with the recently adopted comprehensive plan.
Motion made by Daughters, Second by Fast, to recommend approval of the zone change to the City Council with a request to schedule a public hearing on May 1, 2006 at 6:35 pm. Roll Call: Daughters: aye; Fast: aye; Finney: aye; Schramm: aye. Motion carried. The application also included a request for a 15-foot front yard variance. Kirsch reported that the 25-foot front yard was a condition of the rezoning for the minor portion of the parcel. He reported that the applicants appeared to meet the requirements identified in the zoning ordinance. Motion made by Schramm, second by Daughters, that having found that the applicant has: A. Met the requirements of Section 2211 as, B. Justified granting of a variance and it is the minimum necessary, and C. Shown the granting of this variance is in harmony with the general purpose and intent of the zoning ordinance and should not be injurious to the neighborhood, or otherwise detrimental to the public welfare, to recommend approval of the variance to the Board of Adjustment with a request to schedule a public hearing on May 1, 2006 at 6:35 pm. Motion carried.
Kirsch advised the Commission that Harry at District III has sent a map for street name clarification and also requested some information on addressing. The commissioners agreed that we should discuss these with Rita Steele.
Kirsch requested feedback on the term limits for the commissioners. He stated that previously the commissioners held office for five years; however, the Zoning ordinance that has different requirements. The Zoning ordinance was adopted after the consolidated ordinances so it is the requirement. It states that no two commissioners should be up for appointment at any given time. Due to a mistake during the last appointment, all positions are up this year. The minimum term would need to be four years to comply with the requirement. Motion made by Fast, second by Daughters, to recommend appointments by drawing lots with two members to be nominated for one year terms, two for two year terms, two for three year terms, and one for a four year term. Motion carried. Since Chairman Brown is moving up to the Council level, he was chosen do draw the names with the following results: 1. One year term: Fast and Phillips; 2. Two year term: Schramm and Foreman; 3. Three year term: Daughters and Finney; 4. Four year term: Whoever is selected to replace Garry Brown’s position.
Chairman Brown requested a report from Kirsch on the Commission Bylaws. Kirsch stated that the bylaws identify the old terms so they will require changing. He also recommended that Announcements be added to the bylaws as an agenda item. Motion made by Finney, second by Fast, to make these changes. Motion carried. The Commission continued their review of the zoning ordinance and covered chapters 20 through 22. Chapter 20 covers sign requirements. The Commission identified that sign portions of Ordinance 750 should be incorporated into this chapter. They also identified a change to real estate signs to conform to the common local practice. A great deal of discussion took place on parking, Chapter 21. The commissioners requested that Kirsch research some other jurisdictions and report back next meeting. In reviewing Chapter 22, Nonconforming Uses, the commissioners identified a couple of changes to clarify the requirements. Chairman Brown recognized Kirsch for announcements. Kirsch stated that he has contacted Matt Kerr with District III concerning the delivery of the Comprehensive Plan. Matt advised him that he though that it was done. Kerr had delivered it to a secretary for printing and the secretary resigned prior to completing this task. Kerr said that he would get it to us as soon as possible. Chairman Brown announced that he has been in touch with three people who may be interested in a position on the Commission. Schramm asked about the status of the Drake retaining wall and the second route through the Fisher property. He requested that the question be included with the Report to Council.
Chairman Brown adjourned the meeting at 7:45 pm.
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