Planning Commission Meeting Minutes

Monday, February 2, 2004

 

 

Chair Jack Hausmann called the regular meeting of the Wayne Planning Commission to order at 7:30 p.m., on Monday, February 2, 2004, in the Council Chambers of the Municipal Building.  Roll call was taken with the following members present:  Don Endicott, Darrell Miller, Kyle Nelson, Bill Reeg, Marie Mohr, Sharon Braun, Chair Jack Hausmann, and Chief Inspector/Planner George Ellyson.  Absent:  Marty Summerfield and Vicki Pick.

 

Motion was made by Commissioner Braun and seconded by Commissioner Miller to approve the minutes of December 1, 2003.  Chair Hausmann stated the motion and second. All were in favor; motion carried unanimously. 

 

Motion was made by Commissioner Nelson and seconded by Commissioner Braun to approve the minutes of January 27, 2004. Chair Hausmann stated the motion and second. All were in favor; motion carried unanimously.

 

Chair Hausmann stated the date of the next regular meeting of the Planning Commission will be Monday, March 1 at 7:30 p.m. and asked that those members who are unable to attend the meeting to inform George to ensure a quorum will be present at the meeting.

 

Inspector Ellyson asked the Commission to review Section 90-710 Parking and Section 90-10 Family of the Municipal Code as it pertains to various structures. This comes to light due to a previous situation that has been on going for nearly two and a half years.  Inspector Ellyson stated the structure is located at 921 Walnut.  Inspector Ellyson further stated that his office became aware of many people residing at the structure.  When the process finally came to an injunction being filed at the residence, Ellyson's office had spent nearly $900 in attorney fees and many hours of preparation work.

 

Chair Hausmann stated the time was at hand for the first public hearing regarding a Use by Exception request for a two-family dwelling to be located at 509 Hillcrest. The applicants are Greg and Patsy Kallhoff.

 

Greg Kallhoff, 503 Donner Pass, was present to answer any questions the Commission may have regarding the request.  Mr. Kallhoff stated that he and his wife purchased the house with the assumption that it would be used as two separate units based on the way the house was built.  Mr. Kallhoff handed out a drawing to the Commission that depicted the way the upper level is built. There are no separate stairs from the inside of the upper unit to the lower unit.  There is a set of stairs inside the garage that lead to a common/mechanical area in the lower unit and another set of stairs on the outside of the unit.  It was Mr. Kallhoff's opinion that the house was built as two separate units.

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Mr. Kallhoff stated that Inspector Ellyson had inspected the house at the first part of the year and they had gone through a letter that was designed for local realtors to gain guidance on this issue.  There were certain issues that need to be addressed before the structure could be occupied.  Mr. Kallhoff is before the Planning Commission to find out if the use by exception would be granted, or if it can be granted subject to the certain issues being corrected.

 

Commissioner Braun questioned when the house was purchased.  Mr. Kallhoff stated that he has owned the house for about one and a half to two years.  Commissioner Braun questioned if it has always been occupied as one unit. Mr., Kallhoff stated that he believed it to be occupied as two units.

 

Commissioner Mohr questioned if Mr. Kallhoff is currently living at the structure.  Mr. Kallhoff stated that he was not.

 

Mr. Kallhoff stated that there are certain issues listed in the realtor letter that the structure does not meet such as separate hot water facilities, separate heating facilities, and if granted these are issues he would need to resolve.  Mr. Kallhoff stated there are guidelines Inspector Ellyson has laid out that are requirements for the structure.

 

Commissioner Miller questioned if there was any problem with meeting the guidelines outlined by Inspector Ellyson.  Mr. Kallhoff stated that he does not believe there would be any trouble meeting the requirements.

 

Commissioner Miller questioned if parking was an issue.  Mr. Kallhoff stated that he believes that parking is truly the issue and he believes that the tenants are not doing a very good job of parking in the true parking areas they have.  Mr. Kallhoff stated that he would be willing to see if there was some way of elevating the problem and purchasing a parking permit for the tenants at Wayne State College as the structure is only a block from campus.

 

Commissioner Mohr questioned how many cars.  Mr. Kallhoff stated there are three tenants in the upper level and two in the lower unit.  Mr. Kallhoff was not for sure how many cars are typically there, as he does not go past the structure very often. Commissioner Mohr questioned how many proper parking spaces are provided and is it a two car garage.  Mr. Kallhoff stated it is a one car garage and there is room for five cars, one in the garage, two behind the garage and two on the side of the other cars in the driveway, all on concrete.

 

Commissioner Endicott questioned where the cars are being parked that are causing the problems.  Mr. Kallhoff stated that he believes they are probably

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parking on the lawn.  Inspector Ellyson stated that what has been observed are cars being parked in such a manner they can leave without someone else moving another car.  Mr. Kallhoff stated that he could believe that.  Inspector Ellyson questioned Chief Webster about the midnight to five parking.  For that particular street, the midnight to five parking is on the north side and no parking on the south side of the street.

 

Inspector Ellyson stated that for historical purposes, in the early 1970's the college requested that residents put in efficiency apartments in their homes because of a dormitory shortage on campus.  The college was interested in the community creating little apartments throughout the community.  Inspector Ellyson noted for the Commission that through his research he found that a tax incentive was provided to help create the efficiency type apartments. The difference was that the owners maintained a residence and lived in the residence above the apartment, by creating a one bedroom, kitchen, bath, in the basement.  Now what is happening, those people who previously resided in the structure are now selling their homes and/or moving to retirement centers and the structure is being placed on the market.  Inspector Ellyson believed this structure was one of those built during that time.

 

Commissioner Mohr questioned if the realtors are not aware of the current zoning law.  Inspector Ellyson stated that the letter included with the packet was written back in September of 2001.  The letter included definitions of separate or individual dwelling units and a listing of several items that need to meet the requirements for each unit.  The letter was an attempt to make the realtors aware of the issues and it came about with the structure located at 921 Walnut.

 

Commissioner Hausmann questioned if the unit has egress windows in the basement and the bedrooms. Inspector Ellyson stated that there is a separate entrance to the unit from the outside as well as a second exit from the back of the garage.  There are egress windows from the bedrooms as well.

 

Inspector Ellyson stated that he has had seven phone calls in regards to the public hearing and has had two or three letters. All the comments received have been negative.  Commissioner Reeg also stated that he had received a phone call against the request.

 

Inspector Ellyson stated that he had conducted an inspection of the structure around the first of January and found several issues in regards to meeting the dual dwelling unit classification.  Some of the issues were the need for a one hour fire separation and in this instance the only way separation can occur is horizontal. Traditional duplex separation is vertical and the two units are side by

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side.  More and more he is seeing separation needing to occur horizontal.  Separation can occur, but it becomes more difficult because there are penetrations that drop from one unit to the other.  Other issues included but not limited to were individual heat and water.

 

Commissioner Miller questioned if there are more like the ones of Mr. Kallhoff's within the community. Inspector Ellyson stated that yes there are. Commissioner Miller questioned how they come about, is it when someone comes forward with intentions of complying with the code.  Inspector Ellyson stated that parking is the indicator.  Parking has a negative impact on the neighborhood.  Council has directed him and Chief of Police Lance Webster to pursue these issues very aggressively as they see evidence of violation of more than four unrelated living in a structure.  Council is now directing them to investigate these matters.

 

Jewell Schock, who resides one-half block east and one block south of 509 Hillcrest commented he has lived in the area for nearly thirty-five years and has seen many changes.  In some cases there was an owner-tenant who rented out the basement. There did not seem to be many problems at that time. But from time to time the owner moved out or sold the property and another tenant moved in upstairs and downstairs.  Without the presence of an owner residing at the property, there did not seem to be anyone to ride heard on the residence upstairs and downstairs.  During these times, it seems that there were problems in the neighborhood, particularly with reference to 509 Hillcrest.  Mr. Schock recalled that in one particular instance, the neighbor moved out and rented the property to three people.  The owner moved from Wayne and tenants increased to four, five, and six.  The parking became such an issue that he could not get out on Sunday mornings to attend church without calling the police department to come and move a car.  Mr. Schock stated he would knock on the door and no one would come to the door.  He has seen cars driven over the lawn, including his own lawn.  Mr. Schock has seen other homes on Hillcrest with basement apartments and it seems that when there was an owner-tenant there did not seem to be any problems.  With the absence of an owner-tenant, problems occurred.  Mr. Schock opined that in his neighborhood, there is a major difference if there is a resident-owner management and discipline, compared to a nonresident owner renting the property.

 

There being no further comments, Chair Jack Hausmann closed the public hearing regarding the Use by Exception for the structure located at 509 Hillcrest.

 

Commissioner Mohr questioned how this is different than the zoning regulation regarding no more than four unrelated adults living in one unit. Inspector Ellyson stated that a duplex distinction would allow up to eight to reside at the structure.

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Commissioner Endicott questioned if Mr. Kallhoff made the changes, could he make the structure a duplex.  Inspector Ellyson stated that he could by code.  If a duplex is created, by regulation, Mr. Kallhoff only has to create one and a-half parking stalls per dwelling unit.  By zoning language, the maximum parking stalls would be three.  Commissioner Endicott questioned if it would satisfy the neighborhood by having Mr. Kallhoff fix the parking so more could park there that would not be parking on the yard.  Inspector Ellyson stated that he did not know how this could be done, without parking in the front yard.  Commissioner Endicott questioned if there was concrete rather than lawn to park on, would that satisfy the people.  Inspector Ellyson stated that he did not know.  The general comments have been that there is helter-skelter parking all over the place, whether or not this would change with hard surfaced parking, he cannot say.

 

Commissioner Reeg opined that this is a very complex issue and that whatever the Planning Commission does; it will set precedence for any future requests.  Commissioner Reeg opined taking this slowly and seeing what their options are and what other communities are doing.

 

Inspector Ellyson requested of the Commission, based on the fact that since this issue is before the Commission, that right now in the present design, is an illegal occupancy by zoning language.  The Commission needs to make a decision on the public hearing with regards to whether or not the request will or will not be granted, but at the same time, if tabled, something needs to be decided on the violation of more than four residing at the structure. Does the Commission continue to allow the structure to be occupied by more than four unrelated until such a time as the Commission makes a decision on the request for duplex.  Inspector Ellyson stated that the structure needs to brought back into compliance with Section 90-10 Family, and that he as enforcement needs to know how to handle the issue, as well as Mr. Kallhoff.

 

Commissioner Miller questioned if the house was not there and it was a vacant lot, could Mr. Kallhoff build a duplex there and meet the code.  Inspector Ellyson stated that he could not as the area is zoned R-1 and that a duplex is only allowed in an R-1 zone as a use by exception. Commissioner Miller opined that there are probably many more structures out there like this one.  Chair Hausmann stated that if the structure is sold in an R zone and is vacated for one year (twelve consecutive months), it can no longer be allowed as a duplex or a legal non-conforming structure.

 

Inspector Ellyson stated that there are structures whose use was in existence prior to the adoption of zoning those structures are considered to be legal non-conforming and are allowed until the use has been vacated for a consecutive

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twelve month period then the legal non-conforming status has been lost.  The structure could sell multiple times and still keep the legal non-conforming status, as the use stays with the property not the owner.

 

Motion was made by Commissioner Reeg and seconded by Commissioner Mohr to deny the Use by Exception request from Greg and Patsy Kallhoff for two-family dwelling at 509 Hillcrest. Chair Hausmann stated the motion and second.  Chair Hausmann asked for a roll call vote:  Endicott – nay; Miller – yea; Nelson – yea; Reeg – nay; Mohr – nay; Braun – nay; and Hausmann – nay.  Result of roll call vote was five against and two in favor of request.  Chair Hausmann stated the results of the roll call vote and the request for the use by exception was denied.

 

Chair Hausmann opened the second public hearing at 8:15 pm to update the City of Wayne Zoning Map for corrections from the hand-drawn plat map to the current GIS mapping system.

 

Inspector Ellyson explained a drawing to the Commission showing them where the current zoning line is located. The current line divides the new fire hall between an R-4 and a B-1 designation.  Inspector Ellyson noted for the Commission that the proposed zoning line (dashed line) would not really change any of the current zoning other than moving the R-4 line to the west property line of the new fire hall building.  Inspector Ellyson noted for the Commission that zoning lines typically follow natural boundary lines, such as center lines of roads, alleys, and streets, natural barriers or property lines.  The inconsistency was discovered when the hand drawn plat map was being converted into the current GIS mapping system.

 

Inspector Ellyson stated that mechanical drafting as compared to the luxury and accuracy of drafting today, especially with the aerial photo put into place and having to recreate the plat map into electronic format, incorrectness zoning lines are surfacing and will continue to do so.

 

Dr. Mark Zinc, from the Wayne Vet Clinic, was present to voice his concerns with the rezoning.  Dr. Zinc had shared his concerns, one being taking away from the commercial area and having a commercial area located right next to a residential area.  Dr. Zinc was concerned with surrounding the vet clinic with residential zoning due to liability insurance.

 

Further discussion was held on the updating of the zoning map and the issue of whether or not Cityside Addition was all located in an R-4 zone or if only part of Cityside Addition was located in an R-4.

 

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Chair Hausmann closed the public hearing on the updating of the zoning map.  Motion made by Commissioner Nelson and seconded by Commissioner Miller to table the public hearing until the next regular meeting of the Planning Commission to allow for further information to be brought forward at the next meeting regarding the zoning of Cityside Addition.  Chair Hausmann stated the motion and second.  All were in favor, motion carried.

 

The next item on the agenda was the discussion of Section 90-710 Parking of the Wayne Municipal Code.  Inspector Ellyson noted that the Commission was asked to review Section 90-710 Parking prior to the meeting, which specifically addresses the number of on-site parking spaces required per use.  In 1979 when the zoning language was adopted, specifically single-family dwelling unit requirements and duplex requirements, the language states that one and a half parking spaces are required per dwelling unit.  Duplex units need three parking spaces.  The number of on-site parking was probably fairly adequate when the zoning language was adopted; however, the number of students has increased as well as the number of cars.  Inspector Ellyson noted that the issue of parking will continue to surface when requests, like that of Mr. Kallhoff's, come before the Commission.

 

Inspector Ellyson noted for the Commission that included with their packet was a memo from Chief of Police Lance Webster regarding parking. 

 

Chief of Police Lance Webster was present to discuss this issue.  Chief Webster opined that the issue of parking is something that needs to be processed slowly.  The issue comes about when the owner-tenant structures are sold and cars are being parked all over the residence.  Chief Webster stated that he, Inspector Ellyson, and Street Superintendent Joel Hansen discussed the issue of parking and that changing the definitions (single dwelling, duplex) could make the difference.

 

Chair Hausmann questioned if the Council was going to have any proposals regarding off-site parking. Chief Webster stated that he did not know.

 

Commissioner Reeg questioned if the Council would be willing to work with the Planning Commission on this issue of parking. Chief Webster stated that he did now know the answer to that question. 

 

City Administrator Lowell Johnson stated that Council did not specifically discuss parking at the council retreat.  Administrator Johnson opined inviting the Council to a joint meeting to discuss the issue of parking.

 

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Chair Hausmann opined that Wayne is not exempt from the issue of parking. When driving through Lincoln and Omaha, you see cars parked on both sides of the street, with barely enough room to pass through them, but there are no cars on the terraces.

 

Commissioner Reeg opined that the issue of parking is getting worse and not better.

 

City Administrator Johnson informed the Commission that a housing survey was conducted at various locations around Wayne and one of the issues showing in the results is that of parking.

 

Inspector Ellyson stated that the point of zoning is to protect those properties from those uses that are not co-habitational with the area.

 

Commissioner Reeg questioned what other communities like Wayne are doing with this issue of parking.

 

Chief Webster informed the Commission that the key is owner occupied structures.  Kearney is in the process of changing their zoning.  Kearney is giving the property owners two years to come into compliance and after that there is no such thing as a legal non-conforming.  At the end of that two year period, either the property owner complies or an injunction is filed.  Inspector Ellyson noted that Kearney set out some clear set guidelines that the property owners had to comply with and what would be inspected. The property owners had to register with the city and then an inspection would be set. The inspector would then go out and see if those guideline items were being met or not.

 

Inspector Ellyson noted for the Commission that they make suggestions and then Council makes it law. It is a joint effort between both.

 

Chief Webster opined that the key is to make the structure owner occupied.

 

Inspector Ellyson noted for the Commission that he would try to have some type of rough draft to the Planning Commission regarding parking at the March meeting.

 

Chair Hausmann opined that he would be interested in meeting with the Council on this issue.

 

Commissioner Miller opined that the Commission will also need to address off-street parking and what is acceptable.

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Chief Webster noted that Hastings and Grand Island have a limit of no more than 25% of the front yard for on-site parking.

 

Chair Hausmann opined that this is one reason why the comprehensive plan needs to be updated.

 

The final agenda item was the discussion of Use by Exception requests.  Inspector Ellyson noted for the Commission that City Administrator Johnson has requested that the Commission make a decision on this issue. Inspector Ellyson stated that currently only agricultural and residential uses are heard only by the Commission and that business and industrial uses are a dual hearing process (Commission and City Council). Administrator Johnson is requesting that all uses in all zones be heard by both the Commission and Council. Inspector Ellyson was of the same opinion. 

 

Commissioner Endicott questioned if the uses were heard by the Commission and then brought forward to the Council, in any of the four zones, could the Council override the decision made by the Commission?  Inspector Ellyson stated that Council could make that decision.

 

After further discussion of the issue, motion was made by Commissioner Endicott and seconded by Commissioner Reeg to accept the proposal of city staff to allow use by exceptions in all zoning districts to be heard by both the Planning Commission and the City Council. Chair Hausmann stated the motion and second; all were in favor, motion carried.

 

There being no further business, motion made by Commissioner Endicott and seconded by Commissioner Miller to adjourn the meeting.  Chair Hausmann stated the motion and second; all were in favor, motion carried.