PLANNING COMMISSION MEETING MINUTES
Monday, November 1, 2004
Chair Jack Hausmann called the regular meeting of the Wayne
Planning Commission to order at 7:30 p.m. on Monday, November 1, 2004, in the
Council Chambers of the Municipal Building.
Roll call was taken with the following members present: Marie Mohr, Sharon Braun, Bill Reeg, Randy
Brenner, Darrell Miller, Chair Jack Hausmann, and Chief Inspector/Planner
George Ellyson. Absent: Vicki Pick, Don Endicott, and Kyle Nelson.
Motion made by Commissioner Braun and seconded by
Commissioner Brenner to approve the minutes of the Monday, October 4, 2004
meeting as presented. Chair Hausmann
stated the motion and second. All were
in favor; motion carried unanimously.
Chair Hausmann stated that there was still time before the
public hearing scheduled for 7:35 p.m., and therefore he moved onto the agenda
item regarding the update related to the proposed Chapter 90 Zoning Amendments.
Inspector Ellyson noted for the Commission that the
following meetings with the City Attorney and the members of the Landlord
Association, the attorney advised that some of the language, especially the
language that identified legal non-conforming structures is probably not
appropriate to identify the rental property uses. Based on that information, Inspector Ellyson stated for the
Commission that he created a new section of the Municipal Code, to be
identified Section 90-717 that specifically addresses rental properties as a
permitted use. Much of the same
language will be contained in the ordinance number change, but it will
basically be an elimination of the legal non-conforming language that it was
previously identified as. There will be
some changes with regards to parking, reducing it from a 9x20 to an 8x18.
Inspector Ellyson noted that he should be done with the
Ordinance by mid to late next week. At
which time, the updated draft will be sent to the Planning Commission, the
Zoning Committee who meet to discuss the changes, as well as the Landlord
Association. The updated draft will be
reduced due to placing it in a new section of the code, rather than amending
each of the individual zoning sections.
The updated draft will also be posted on the web page for viewing. Inspector Ellyson noted that pending
attorney review, the draft should be on the December 6 meeting agenda.
Chair Hausmann stated that the time was at hand for the
public hearing regarding the amending of the Wayne Municipal Code, specifically
those sections pertaining to permitted accessory uses and structures.
Chair Hausmann asked for any questions or comments regarding
the amendments.
Inspector Ellyson noted that he did not know how much needed
to be made of record as this agenda item had been discussed at two meetings
previous and was tabled at that time.
Inspector Ellyson asked if the Commission was familiar with how the
language read with respect to vehicle access.
Chair Hausmann noted for the Commission that he had
mentioned to Inspector Ellyson information regarding height of the accessory
structures. This information can
already be found in the municipal code.
Chair Hausmann referenced the page in the code as to where this
information can be found. Chair
Hausmann questioned if the Commission
wanted to amend the height or leave it as is for the accessory structures.
Paul Lindner, 601 Westwood Road, was present and asked,
since he has three lots, he would like to put garages in the back of the
five-plex structure located where the former Redeemer Lutheran Church was
located on First Street. Mr. Lindner
noted that all the lots are adjoined.
He wanted to know if he could still build a garage with this proposed
ordinance.
Inspector Ellyson noted that five garages would probably
exceed the 960 square feet. Based on
the proposed ordinance, the only option would be to apply for a variance and
that would go before the Board of Adjustment.
Mr. Lindner opined that this would limit not only himself
but others in the same situation that own adjoining lots and want to put
auxiliary buildings on where there is ample ground.
Inspector Ellyson questioned if the primary structure took
up all five lots.
Mr. Lindner sated that there is an empty lot in the middle.
Inspector Ellyson asked if there are three unoccupied lots.
Mr. Linder stated there is the one house, the empty lot, and
then the church where the apartment sits on.
Commissioner Braun opined that she cannot imagine the Board
of Adjustment or the Commission or even the Council having someone in your
situation with those lots and with your structures wanting to build garages for
tenants. Commissioner Braun further
opined that as long as the garages are not larger than the house itself which
is why the option for the variance. An
ordinance is not going to fit everyone's needs.
Mr. Lindner questioned if it wouldn't be easier to take each
case individually as the permits are applied for.
Inspector Ellyson questioned what would he be able to base
his denial on.
Mr. Lindner said if the garage exceeded the green space,
otherwise he did not know.
Inspector Ellyson stated that previous to the proposed
amendments, he did not have any guidelines to follow.
Inspector Ellyson stated that by zoning language you can
only have one primary structure per lot.
By the building construction, the lots have already been separated. So the five-plex is not a contiguous part of
the house lot. The structures are
separate because zoning only allows for one primary structure per legal description. The lot between the two separates them.
Mr. Lindner stated that it sits on multiple lots and is
determined as one lot.
Inspector Ellyson noted that the structures are taxed
separately and therefore none of the lots can be used to determine the area
then of a garage that would be placed on one of the other lots.
Commissioner Braun stated that one would look at the taxable
parcel.
Inspector Ellyson stated that you would look at the
five-plex and some portion of the center lot could then be tied to the
five-plex. Some portion of the center
lot could be tied to the house. Those
two structures separate that land holding and the individual land
holdings. That is what the proposed
amendments are being based on – that individual tax lot.
Mr. Lindner questioned if the maximum garage size is 960
square feet for each lot.
Inspector Ellyson questioned what area of the lot, does the
house sit on.
Mr. Lindner stated that the garage currently there is junk
but he would like to have enough garages for the five-plex and the house.
Inspector Ellyson stated that would not work because he is
tying lots together with an existing structure.
Commissioner Braun asked Mr. Lindner if by way of
illustration eh could draw the property and show the Commission.
Mr. Lindner illustrated for the Commission the area he was
describing.
Inspector Ellyson stated that there is a separate legal to
put the garage on. Therefore, a garage
located on a single lot with no other structures becomes the primary structure,
subject then to primary structure setbacks.
Chair Hausmann asked for any further questions.
Craig Tiedtke, 108 West 8th, was present and
asked the Commission about a lot that his son would like to put a garage on for
his construction business.
Inspector Ellyson asked would he be creating a commercial
entity in a residential zone.
Mr. Tiedtke did not know if he would or not.
Inspector Ellyson stated that he would be creating a
commercial entity. If the lot has its
own separate legal description with nothing on it, now whatever is put on the
lot becomes the principal structure.
Chair Hausmann asked for any further comments.
Ed Brogie, resident of Wayne, was present and spoke on the
public hearing. Mr. Brogie stated that
he owns some lots in town. He was
commenting on where the house is located whether or not the 960 would be a big
structure.
Inspector Ellyson noted that at the last meeting the
Commission discussed regarding a certain percentage of the lot size and there
was as much opposition to that as there was anything the Commission attempted;
although it did tie the attached garage to the unattached accessory
structures. If you already have a 24x36
attached garage, now someone wants to build and additional 960 square feet on
that same lot of accessory or unattached structure, the validity of that came
under discussion. This is a number in
combination of the 50 percent and a number that was derived on.
Mr. Brogie opined that 960 square feet seems to be arbitrary
and will not fit all the lots in town and that certain percentage would work
better.
Chair Hausmann opined that on out for an individual would be
to apply for a variance.
There being no further comments, Chair Hausmann closed the
public hearing and opened up discussion among the Commission.
Commissioner Miller opined that he is in the house building
industry and they are seeing more and more three car garages being 28x38 (1,064
square feet) attached garages. Some are
detached but most are attached.
Inspector Ellyson noted that some of the thought behind the
960 was that most new construction is for attached garages. With the allowance of the attached accessory
structure to enhance the principal structure footprint it was felt that 50
percent of the attached garage added to the living space tended to raise the
number and area of the attached accessory structures that would be permitted as
well. The previous ordinance disallowed
the attached garage as part of the principal structure in fact it included the
accessory structure or the attached garage as being part of the accessory
structure. This basically gives the
owner the option of attaching just about any size garage they want to on a lot
based on setbacks.
Commissioner Braun questioned if someone has a house and
they want to build an attached garage to the property, as long as they met
building setback requirements, and the house was 1400 square feet and they
wanted to attach a 1200 square foot garage, they could build it.
Inspector Ellyson stated that they could, whichever is
lesser of 50 percent of the lot coverage or 960 square feet. This is where the 50 percent area came in
and the reason to preserve some of the lot area as green space.
Commissioner Braun noted that she did not explain her
question very well. She restated her
question to say that someone wanted to attach a garage to their house. She wanted to know if the Commission was
addressing unattached accessory structures.
Inspector Ellyson read for the Commission (e) of Section
90-703 Accessory Uses. This section
reads that any unattached accessory structure in combination with the principal
or primary structure shall not exceed a combined area greater than 50 percent
of the lot area, providing that the combined total area of all unattached
accessory structures do not exceed 960 square feet. So if one has a smaller lot, one may only be allowed to put 600
square feet of accessory structures on that lot, if in combination all of the
structures on that lot get to 50 percent of the lot coverage.
Chair Hausmann asked for any further comments, concerns, or
changes.
Motion made by Commissioner Miller and seconded by
Commissioner Brenner to forward a recommendation of approval, with the amending
of changing 960 square feet to 1,064 square feet, regarding the amending of the
Wayne Municipal Code specifically those sections (90-703, 90-10, 90-203,
90-233, 90-263, 90-293, 90-313, 90-393, and 90-423) pertaining to permitted
accessory uses and structures.
Commissioner Reeg opined that he feels the Commission is
fairly accommodating and that if someone wanted to seek a use by exception he
does not feel the number really matters.
Inspector Ellyson stated that the Board of Adjustment would
need to hear the variance request and not the Planning Commission. This would seek a variance if the structure
was going to be larger than 960 square feet.
Inspector Ellyson stated that the 50 percent figure works
well with most lots, but it does provide a way and means for determining what
is or is not allowed.
Chair Hausmann stated the motion and second. All were in favor; motion carried
unanimously.
Chair Hausmann moved onto the next agenda item, an update
regarding the amending of the retail store language. Commissioner Endicott was not present at the meeting; however,
provided in the packet was an excerpt from a book that Don had and wanted to
pass onto the Commission members. Chair
Hausmann noted that if the Commission had not yet read the information that it
was worth reading.
Commissioner Braun noted for the Commission that there is
some really good information on the internet as well.
Chair Hausmann moved onto the last agenda item regarding
setting a public hearing date for the Chapter 90 Zoning amendments.
There being no further comments, motion made by Commissioner
Reeg and seconded by Commissioner Brenner to schedule a public hearing for
Monday, December 6, 2004 at or about 7:35 p.m. to hear the proposed amendments
to Chapter 90 Zoning of the Wayne Municipal Code. Chair Hausmann stated the motion and second. All were in favor; motion carried
unanimously.
There being no further comments, motion made by Commissioner
Braun and seconded by Commissioner Mohr to adjourn the meeting. Chair Hausmann stated the motion and
second. All were in favor; motion
carried unanimously.
