Planning Commission Special Meeting Minutes

Monday, May 16, 2005

 

 

Chair Sharon Braun called the special meeting of the Wayne Planning Commission to order at 7:30 p.m., on Monday, May 16, 2005 in the Council Chambers of the Wayne Municipal Building.  Roll call was taken with the following members present:  Darrell Miller, Vicki Pick, Kelby Herman, Randy Brenner, Pat Melena, Don Endicott, Mark Ahmann, Chair Sharon Braun, and Chief Inspector/Planner George Ellyson. Absent:  Kyle Nelson.

 

Prior to the public hearing, Inspector Ellyson stated that he had received one phone call in regards to the Use by Exception before the Commission.  The property owner stated they were in objection to the Use by Exception and that was the only comment Inspector Ellyson stated he had received, either oral or in written form.  Many questions had been received regarding the public hearing with reference to two-family dwelling and townhouse and what is the difference between the two.

 

Commissioner Miller questioned if this situation has come up before.  Inspector Ellyson stated that it has, not in an R-1 zone; but that townhouses are a permitted use in an R-2 and greater zoning districts, but the city frequently does Administrative Lot Splits on townhouses built within the city limits.

 

Commissioner Brenner questioned if the telephone call stated in the letter was the same one Inspector Ellyson had received.  Inspector Ellyson stated that it was.

 

Chair Braun stated that she lives in a townhouse and that she has a separate and distinct legal description from her neighbor, even though they share one common wall and that it is taxed separately as well.

 

Commissioner Ahmann questioned that the lot is 87 feet wide and that the legal description is stated as the north one-half of lot 27 and all of lots 28, 29, and 30.  Commissioner Ahmann asked Inspector Ellyson to explain the difference between the two.  Inspector Ellyson stated that the combined frontage of the three and a half lots equals 87 feet.  There is a single legal description on Lot 27 and then there is a combined legal description of 28, 29, and 30.  All three and a half lots are owned by the same entity, but they do carry a separate legal description.  The entity that is donating the lots are donating the north half of 27 and all of 28, 29, and 30; therefore the reason for 87 feet of frontage.

 

Chair Braun stated the time was at hand to open the public hearing regarding the Use by Exception request, Section 90-205(2) Townhouse of the Wayne Municipal Code, applicants Wayne Area Habitat for Humanity, address of request 1014 Douglas Street.

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Inspector Ellyson showed an overhead depicting the request area.  Habitat is requesting the exception for a townhouse to be placed on the lots.  Inspector Ellyson wanted the Commission to understand the difference between a two-family dwelling and a townhouse.  A townhouse has a common wall (like a two-family dwelling), but with separate legal descriptions.  A townhouse can have up to 12 units connected, each with their own legal.  A two-family or multi-family dwelling will have one legal description for as many dwelling units as there are. 

 

Inspector Ellyson depicted a drawing for the Commission.  For example, if Habitat chose to they could have one unit of the townhouse with a legal description for all of Lot 29 and 30, with the other townhouse unit having a legal of all of lot 28 and the north half of lot 27.  Now if it were not a townhouse, there would still be two units, but the legal on it would be the north half of lot 27 and all of lots 28, 29, and 30.

 

Chair Braun also stated that there would be a common ownership – one person would own the entire structure.

 

Inspector Ellyson also stated that administratively, once all of the lots are conveyed to Habitat, Inspector Ellyson stated that he can create an administrative lot split where the common wall of the townhouse is created.

 

Chair Braun stated that if the townhouse is created, the legal could be reconfigured and it could be referenced as Tract A, Habitat Addition to the City of Wayne, formally known as the north half of Lot 29, etc.

 

Inspector Ellyson stated that once the lots are conveyed, Habitat does not have to put the separation on the lot lines, it can be moved and administratively the legal can be changed.

 

Commissioner Brenner questioned how many units were going to be built?  Inspector Ellyson stated only two units would be built. Commissioner Brenner wanted to know if there were any sketches, drawings, or blueprints.  Inspector Ellyson stated that he had only briefly discussed with Habitat some preliminary plans. 

 

Dan Rose, 1214 Sunset Drive, President of Habitat for Humanity, was present to answer any questions the Commission may have regarding the request.  Mr. Rose stated for the Commission that Habitat was offered the property as a donation to the organization to allow Habitat to build a house.  As Habitat was looking at the property, it appeared that the lot was extra wide.  Habitat is limited in the number of square feet they can build, which is 1100 square feet.  Habitat

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Monday, May 16, 2005

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thought this might offer an opportunity to put a townhouse on the lot to allow them to help two families.  Habitat only has the resources to help two families and not twelve.  Habitat felt this was an option they wanted to explore.  With the possibility of a build this summer, Habitat could see the time line was beginning to become constricted.  Habitat went ahead and applied for the use by exception.  Now, at this point in time, Habitat has not made an official decision on whether they are going to do a townhouse or a single-family dwelling that has yet to be determined.  But at this time, Habitat wanted to have that option if they felt they could get two families in the area and make better use of the area they were given. This is how the process came about.  Mr. Rose stated that they do not have a blueprint yet, it does go in accordance with the family they select.  There are still some pending issues on the family living in the home. 

 

Chair Braun stated that the property does have a great deal of lot depth – 150 feet back to the alley.

 

Mr. Rose stated that they are somewhat restrictive on the size of house they can build, due to the fact that it needs to be within a certain mortgage range.  Habitat's mission is to build descent, affordable housing, that is not extravagant.  Something that allows families an opportunity to move into a space they can afford and maintain and start building a new life. 

 

Mr. Rose stated that typically they do not put garages on the homes they build.  However, with the lot depth they have, with that type of lot depth, Habitat would look at adding on a garage.

 

Commissioner Ahmann questioned the 5,000 square feet, is that for the entire townhouse.  Inspector Ellyson stated that the townhouse lot size has to be 5,000 square feet per unit, so in other words there would need to be 10,000 square feet for two units.

 

Inspector Ellyson stated that the property is only 12,000 + square feet, so only two units could be placed on the property.

 

Commissioner Pick questioned how big the last lot was Habitat built on.  Inspector Ellyson stated it was 150x50.

 

Commissioner Ahmann questioned how much the last house cost Habitat.

 

Mr. Rose stated that they got the lot for $1 and the house cost them roughly $45,000.

 

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Commissioner Ahmann questioned how much a townhouse may cost Habitat to build. Mr. Rose stated that they did not know, as they had not gotten into design or size yet.

 

Commissioner Ahmann questioned why not consider a single family rather than a townhouse, when they have one family committed.

 

Mr. Rose stated that they are considering this option.  One thing they have thought about is Habitat has struggled to find building sites and they are difficult to find within their price range. The Habitat Board wanted to look into a townhouse as they had the opportunity to help two families and not just one, with the resources they have available.  Habitat does not have much in the way of long range multiple building sites and this is a major consideration.

 

Commissioner Ahmann questioned who would be obligated to pay the taxes on the other unit if no one was living there.  Mr. Rose stated that Habitat would be the owner and would be responsible for paying the taxes.

 

Commissioner Endicott questioned if Habitat would just build one unit and then wait on the other.  Mr. Rose stated it depended on the family selection process.   Mr. Rose stated that the family selection process is rather complicated and they may have one family ready this construction season and another one ready for the next construction season.

 

Commissioner Endicott asked if both units would be identical.  Mr. Rose stated not necessarily. The building committee is looking at different options.  Inspector Ellyson stated that there are many cosmetic options for the exterior they could do that would make them different.

 

Chair Braun questioned on a side note, if Habitat were to build them separately, wouldn't they be defeating their purpose of saving money by building a townhouse.  One outside wall would need to be finished.  If built as one, there would be a cost savings and if built separately, there could be a cost increase. Mr. Rose noted that this had been discussed among the Board members of Habitat.

 

Inspector Ellyson noted for the Commission that there are ways within the construction industry to tie the two structures together. The one hour fire separation would be built into the first unit and then the second unit would be added to it.

 

 

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Commissioner Pick questioned when Habitat buys shingles, siding, and windows, would they be concerned with discontinuation, would they want the two to look similar.  Mr. Rose felt that if there would be a match problem as far as the shingles go; they would probably look at off-setting the rooflines. 

 

Commissioner Herman opined just putting up the shell of the second unit and then finishing the interior when a family was found.

 

Mr. Rose stated that they have had that question come up before, but the problem with that is, Habitat designs the space for the family and that can vary greatly between the number of bedrooms and the size of the bedrooms.

 

Commissioner Pick questioned how many bedrooms they can get into an 1100 square foot house. Mr. Rose stated four bedrooms.

 

Mr. Rose noted for the Commission, the first house they did, they got a husband, wife, and six children in a house.

 

Commissioner Endicott questioned what qualifies a family.  Mr. Rose stated that he did not have all the information as he does not serve on that specific committee.  They need to be a resident of the Wayne area for at least one year, and they have to show the ability to be able to pay for the mortgage.  They are required to work with Habitat throughout the build and typically there are about 500 hours of sweat equity they are required to put in by the whole family.  There is a small deposit that the family is required to pay, which is very minimal. Habitat also suggests that the family take the New Home Ownership Class. That is the majority of the requirements.

 

Commissioner Endicott questioned if there are a certain number of people required for the family.  Mr. Rose stated that there is no restriction.  There could be a single parent family. There are some restrictions on the size of the house, type of homes, garages are not allowed, and basements are not allowed due to the cost factor.

 

Inspector Ellyson stated that the house Habitat built on South Nebraska has a crawl space and was not built slab on grade. Mr. Rose stated that is an option for them.  Inspector Ellyson stated that the lay of the land was one reason why that house was built with a crawl space.

 

Commissioner Ahmann questioned if it would be out of order to have some of the audience speak on the agenda item. 

 

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Commissioner Pick questioned if Habitat was looking at the same price range. Mr. Rose stated that he did not know if they would run $45,000 per unit or not, without doing the job design and job costing.  Mr. Rose stated they are in the preliminary stages right now and this process they are going through now is just to give them the option to see what could be done with the property in the future. 

 

Inspector Ellyson stated that one characteristic of a common wall is that there is one wall in that structure that is shared by two so obviously that wall will be more cost efficient. 

 

Commissioner Pick questioned if they go ahead and approve the townhouse and something happens to prohibit it, do the lots stay the same or does it revert back, what happens?

 

Inspector Ellyson stated Use by Exceptions typically stay with the land.  (Note by Planner:  Use by Exceptions expire within one year of approval if not enacted upon and construction begins – see Section 90-836 of the Wayne Municipal Code)

 

Commissioner Pick questioned if Habitat was not able to build a townhouse, could someone else come in and build a townhouse.  (Note:  This comment incorrect – see Planner note above)

 

Inspector Ellyson stated that if Habitat were to sell those lots, then the use by exception would be conveyed with the site. 

 

Commissioner Miller wanted clarification on the cost of the house, if the $45,000 was for materials only and not labor.

 

Mr. Rose stated that is Habitat's cost to build the house, not taking into consideration the many hours of donated labor, and donated materials such as doors, windows, and some appliances. 

 

Commissioner Pick questioned if the families can turn around and sell the home.

 

Mr. Rose stated that the family would need to come before the local Habitat board.  There are situations where the family needed to leave the area and had to sell the home.  However, there is a process that the family needs to go through.  Habitat services the mortgage and if the house would be sold, it would revert back to Habitat and another family would be found to move into the home.

 

 

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Dorothy Wert, 1017 Sherman was present at the meeting to voice her comments. Ms. Wert questioned if this fell through for Habitat and they ended up selling the lot, could someone come in a build an apartment house on the lots. 

 

Inspector Ellyson stated that an apartment house is not a permitted use in an R-1 zoning district.  If this exception would be approved, it could be conditioned upon Habitat building the structure. 

 

Penelope Vollbracht, 1007 Douglas, was present to speak regarding the request.   Ms. Vollbracht questioned if they could see the plans when they are available.  Ms. Vollbracht questioned that if there is no garage, where are the owners to keep the lawn mower, etc.

 

Mr. Rose stated that typically Habitat supplies the family with a storage shed.  What was unique with their first build was that the Wayne State Construction class built the storage shed on campus and brought it to the property.  As far as the design, Mr. Rose stated that he did not know when the design would be ready to go and was unsure how he would make it available to the public, if they would be required to.  Mr. Rose stated that he felt Habitat would be open to sharing it with the neighborhood; however, that decision would need to be run past the Habitat Board first.

 

Commissioner Pick questioned if the structure currently on the property gets razed and if Habitat does that.

 

Mr. Rose stated that Habitat will raze the structure and Habitat will do that.  Habitat has already begun that process by having the house inspected for hazardous materials.

 

Frank Adams, neighboring resident, questioned where access to the property would be located.

 

Mr. Rose stated that access to the property would be from Douglas Street.

 

There being no further comments, Chair Braun closed the public hearing and opened discussion among the Commission members.

 

Commissioner Ahmann questioned how many public hearings this would need.

 

Inspector Ellyson noted that a hearing before both the Commission and the City Council is required.

 

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Commissioner Ahmann made a motion to table the public hearing due to lack of information as to configuration of the building, selection of a family, etc., until a later date.

 

Inspector Ellyson stated that a specific date needs to be noted in the motion to allow those property owners in attendance a chance to come to the next meeting.

 

Commissioner Endicott opined that the property owners should be allowed a chance to see the design of the townhouse.

 

Mr. Rose stated that Habitat would do what they could to work with the Commission and the neighborhood; whatever would be relevant and reasonable in this situation.  Mr. Rose opined that he did not know if they were being asked to do something out of the ordinary.  If a private individual were building a home that would require a use by exception, would the requirements be that a neighborhood meeting be held.  Habitat would be willing to do that.  Mr. Rose stated that he was trying to differentiate between what Habitat was doing and what others would be required to do.

 

Commissioner Brenner questioned why a special meeting was called for this request.  He wanted to know if the Commission would be holding Habitat back if the request was tabled.

 

Inspector Ellyson stated that it was his understanding, that if the hearing was held in June, that the construction window was much less than what it would be with a special meeting.  Two weeks based on availability of free labor, etc., is fairly significant in the summer months.  That was his understanding regarding the need for a special meeting.

 

Mr. Rose stated that at the time Habitat discussed the lot situation with Inspector Ellyson, the situation was different then than it is now.  A few things have changed.  Mr. Rose stated that due too confidentially, he cannot discuss those matters.  To answer some of Commissioner Ahmann's questions, the timing issue may not be as critical as it was before, Habitat does need to make a decision and if they need to look for another family, Habitat may not be building this summer.

 

Commissioner Melena opined that he would not be opposed to tabling the meeting till June, but did not prefer to go any longer than that.

 

Chair Braun asked Commissioner Ahmann to amend his motion to include a specific date.

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Commissioner Ahmann made a motion to table the public hearing request for Habitat until the June 6, 2005 meeting.  Commissioner Endicott seconded the motion.  Chair Braun stated that a roll call vote was needed:  Commissioner

 

Miller-nay, Commissioner Pick-yea, Commissioner Herman-nay, Commissioner Brenner-yea, Commissioner Melena-yea, Commissioner Endicott-yea, Commissioner Ahmann-yea. Chair Braun stated the motion had carried.

 

Commissioner Ahmann questioned depending on the outcome of the Habitat meeting, if this project would be put on hold for 2005.  Mr. Rose stated that was a possibility because of the family selection process.

 

There being no further business, motion made by Commissioner Melena and seconded by Commissioner Brenner to adjourn the meeting. Chair Braun stated the motion and second.  All were in favor; motion carried unanimously.