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MINUTES

PLANNING COMMISSION
REGULAR MEETING
JUNE 21, 2010 – 7:00 P.M.
CITY COUNCIL CHAMBERS

 

PRESENT: Chairman Gifford, Members Dugan, Emanuel, Paden, Reynolds, Shallberg, Sookram and Winter, Chief Building Inspector Marv Hansen and Secretary Deb Pruss

ABSENT: Member Saeger

Chairman Gifford called the meeting to order and read a statement that a copy of the Open Meeting Law is posted continually for public inspection located near the agendas in the City Council Chambers and a Public Notice of this meeting was given in advance by publicized notice in the Fremont Tribune, a copy of which is attached to these minutes and made a part thereto, and on radio KHUB.  Also, the agenda was displayed in the lobby of the Municipal Building, Police Station and the Dodge County Courthouse on June 17, 2010 and is open to the public.  Moved by Dugan, seconded by Shallberg, to approve the Chairman's Statement that this meeting is now determined to be a legal meeting.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried. 

It was moved by Shallberg, seconded by Paden to dispense with the reading of the Minutes of the May 17, 2010 Regular Meeting and approve as mailed.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

Chairman Gifford stated the general public is invited to address the Planning Commission regarding any item on this agenda at this time or wait until discussion of their request is taking place.  No public comments were received.

• Consider request of Mark Peterson to erect deck and covered porch at 437 East 3rd Street with insufficient front yard setback.  Article 4, Table 4-3 and Article 703 b. 1 and 2.  R2 – Moderate Density Residential District.

Chairman Gifford stated the staff was recommending approval of the request.  Gifford stated this request would be similar to other homes in the neighborhood and some other homes are even closer to the right-of-way.

Moved by Dugan, seconded by Sookram to recommend approval.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

• Consider request of Brendan Murray to remove a 6' wood privacy fence and erect 4' ornamental fence with insufficient street side yard setback and encroachment into the required vision clear zone at 706 East Military Avenue.  Article 7, Section 707.  UC – Mixed Use Urban Corridor District.

Chairman Gifford stated staff is recommending approval of this request.  The applicant is requesting to remove an existing 6' high solid wood fence and add a 4' ornamental wrought iron fence that you can see through.  The applicant was at the Study Session but had to leave and was not present at the meeting.  Gifford stated there is a lot of traffic on Military and this fence is a good solution and improvement.

Moved by Shallberg, seconded by Winter to recommend approval of the request per staff recommendations.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

• Consider request of Terrence A. Schmidt to erect 10' x 10' deck with insufficient front yard setback at 130 South Garfield Street.  Article 4, Section 405, Table 4-3.  R2 – Moderate Density Residential District.

Chairman Gifford stated the staff was recommending approval of this request.  Chairman Gifford stated this was a tough lot to work with as it had 75' frontage and 58' of depth.  There is a public alley on the south side of the lot.  Chairman Gifford questioned whether the applicant could rebuild his porch and add a deck onto the back of his residence.

Applicant Terry Schmidt of 130 South Garfield was present.  Gifford asked the applicant if there was any reason why they were proposing the deck on the front as he could do the same thing on the rear of the residence.  Mr. Schmidt stated their front steps were deteriorating so they figured they might as well replace their steps and add a deck.  He stated it was more aesthetically pleasing. 

Moved by Shallberg, seconded by Paden to recommend approval of the request per staff recommendations.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

• Consider request of Shacari, Inc. to erect ground sign in vision clear zone at 625 East 29th Street, Fremont, Nebraska with a variance to front yard setback.  Article 10, Section 1003 f and Table 10-4.  CC – Community Commercial District.

Chairman Gifford asked that he be allowed to abstain from this item.  Moved by Dugan, seconded by Emanuel to allow Chairman Gifford to abstain.  Roll Call Vote showed 7 ayes.  Motion Carried.

Vice Chairman Shallberg stated this item was discussed in the Study Session.  He stated the sign falls within the triangle portion to the end of the property.  Ken Witt, Director of Facilities for Fremont Area Medical Center, 450 East 23rd Street, Fremont was present.  .  He stated that a facility was developed on that site and this was the best arrangement they could come up with for the sign.  He stated that the placement of the sign was consistent with other buildings in the area.

Moved by Winter, seconded by Reynolds to recommend approval of the request.  Roll Call Vote showed 7 ayes – 1 abstaining (Gifford).  Motion Carried.

• Consider request of Victory Marine, LLC to have enclosed warehousing as part of a permitted conditional use at 1445 West Military, Fremont, Nebraska.   Article 4,Table 4-2.  GC – General Commercial District.

Chairman Gifford stated the staff was recommending approval of the request with the proposed conditions.  He stated it meets all the requirements as per the Ordinance.  The applicant would like to build a warehouse 10' off the lot line.  The warehouse would be 60' x 500' long.

Moved by Dugan, seconded by Winter to recommend approval of the request.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

• Consider request of Victory Marine, LLC to have a variance to paving and landscape requirements at 1445 West Military, Fremont, Nebraska.   Article 8, Table 8-1 and Article 906 b.  GC – General Commercial District.

Chairman Gifford stated this request tags along with the previous conditional use request.  The applicant is asking for a variance to the paving and landscape requirements.  Paving would be required from the overhead door to the warehouse and to the public right-of-way.  Landscaping requirements would be a tree or plant (one per every 500 square feet) with the balance being green space.  Gifford stated when you drive on Military from Pierce to Ridge Road there are 11-2 drives with one being paved and one being blacktop.  All others are gravel and not just the approach but all the way.  Gifford stated it was probably a 50/50 split of businesses and residences.  Gifford stated he felt the variance request fits with the balance of the neighborhood. 

Applicant Ron Vlach of 1500 West Military was present.  Member Dugan asked if the warehouse would be storage.  Mr. Vlach stated it would be their own storage and would get about six months use during the year.  Dugan asked Mr. Vlach if he planned to develop the site in the future and applicant stated he did.  Planning and Building Director Jeff Ray stated the plan was not to acquire any additional right-of-way on Military.  He stated the culverts may go away but the property line will not change so landscaping requirements would remain.  Mr. Vlach stated he wanted to utilize the same entrance of white rock and asphalt shavings.  He stated there would be one door with the entrance on the east side of the property as currently is.  Mr. Vlach stated they wanted to use the existing entrance so we don't have to put in another culvert.  He stated it was not practical for them to put in another entrance.  Member Shallberg asked if it was currently white rock and asphalt and Mr. Vlach stated it was.  Chairman Gifford stated it was similar to the balance of the neighborhood.

Moved by Shallberg, seconded by Paden to recommend approval of the request.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

• Consider request of Summer Haven Lake Association to erect detached garage on Site No. 32 at 3042 Big Island Road on Summer Haven Lake in a residential cluster housing project as part of a permitted conditional use.  Article 4, table 4-2.  RL – Lake and River Residential District.

Chairman Gifford stated after surveying the property, staff found the garage was closer than 5' to the right-of-way property line.  Gifford stated it was suggested the applicant enter the garage from a side entry.  They could also flip the garage as they need to be 5' off the property line.  The applicant, Denise Hamilton, was present at the Study Session and meeting.  Gifford asked if she understood what needed to be done and applicant was in agreement.

Moved by Dugan, seconded by Sookram to recommend approval of the request.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

• Consider request of Joseph J. and Jennifer L. Bixby to combine Lots 17 and 18, Block 7, Day Acres East 3rd Addition, Fremont, Dodge County, Nebraska, into one lot.

Chairman Gifford stated these are two platted lots that the applicant is requesting to combine.  Gifford stated the Planning Commission has not encouraged irregular shaped lots in the past but these are two lots of record.  Gifford stated the boundaries stay the same and no neighbors would be affected.  The easements stay in place as well.

Moved by Shallberg, seconded by Paden to recommend approval of the request.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

• Consider request of Tom and Marka Sawyer and South Broad Commercial Services, LLC to combine Lot 5, Block 3, Sawyer 2nd Subdivision, together with Tax Lot 90 and the North 230 feet of Tax Lots 19 and 20 West of and adjacent thereto said Tax Lot 90, all located in the NW ¼ of Section 26, Township 17 North, Range 8 East of the 6th P.M., Fremont, Dodge County Nebraska into one lot.

Chairman Gifford stated Tax Lot 90 is the Fauss building and the applicant is requesting to combine that with the property directly west (a piece of Lot 19 and Lot 20).  Lot 5 is platted at Shuster Ranch Road.  Gifford stated he saw no problems with the lot combination.

Moved by Winter, seconded by Emanuel to recommend approval of the request.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

• Consider request of Paul and Laurie Hegemann, Jenne Franke, Carrie Kiger and Sarah Frost to subdivide the NE ¼, NW ¼ of Section 9, Township 17 North, Range 8 East of the 6th P.M., Fremont, Dodge County, Nebraska, into two lots.

Chairman Gifford stated the very southwest corner of the parcel is a dwelling on .77 acres that used to be an old school house.  The applicant, Mr. Hegemann, is wanting to buy 4.2 acres off of the Franke property and combine for a total of a 5 acre lot.  The Franke's have a 34 acre parcel.  Gifford stated that a 20 acre lot is the minimum in an AG District.  Planning and Building Director Ray stated the applicant's request does not meet the current zoning requirements.

Applicant Paul Hegemann stated he wanted to buy a small parcel to bring his land to five acres so he could put another building on his property and stay to code.  It was reiterated to applicant that a 20 acre lot in an AG Zone was the minimum requirement.  Mr. Hegemann stated he could not afford to purchase that much land.  Applicant Franke 3808 North County Road 20th Avenue, Fremont, the seller, was also available.  She stated they were told they could subdivide this property under the minimum amount.  Ms. Franke stated they did not want to sell that much land.  It was determined that Ms. Franke selling part of her parcel so Mr. Hegemann would meet code would make her lot non-conforming and would not be an option. 

It was stated that an RR Zone has a 3 acre minimum.  Mr. Hegemann asked if they could purchase the property and have it rezoned.  Chairman Gifford stated that would be spot zoning as it would only be one lot.  Planning and Building Director Ray stated it was zoned AG on four sides.  Mr. Hegemann stated they could do this as long as they were joining with other property and if they were selling property it would not be an option.  Applicant Hegemann stated he needed a new septic and can't put a larger one in unless they have more property.  He stated they have lived on the property since 1992.  Applicant stated the cost of a raised septic system is about $15,000. 

Chairman Gifford stated the applicant has a lot of record and there is no problem there and it has nothing to do with the current .77 acres.  The problem is the subdivision of 35 acres as the subdivision would result in two lots (one being 34.37 acres and the other being 4.23 acres, which would be added to the existing .77 acres).  Mr. Hegemann asked what his options were.  Chairman Gifford stated the applicant could request continuing this item to the next regular meeting, which would be the third week in July or take his chances and go to the City Council Meeting.  Gifford stated the Council would not act on the request unless the Planning Commission makes a recommendation.  Applicant stated he would like a motion made.

Moved by Dugan, seconded by Shallberg to recommend denial of the request due to the fact that the 20 acre minimum in an AG zone has not been met.  Roll Call Vote showed 7 ayes – 1 nay (Reynolds).  Motion Carried.

• Review Ordinance amending Article Ten, Sign Regulations, Section 1003 (d)(4), Political Signs, 1003 (f) Vision Clearance Area, and 1003 (i)(2), Temporary and Civic Signs.

Planning and Building Director Jeff Ray stated this was in regard to political signs as the regulations have ambiguous and conflicting language. 

The specific changes consist of:
1.  Limit political campaign signs in Residential Zoning districts to 6 square feet;
2.  Reduce the vision clearance zone for signage to be consistent with the vision clearance zone for fences;  
     and
3.  Remove election signage from the Temporary and Civic Signs section.

Moved by Dugan, seconded by Sookram to recommend the proposed changes as discussed.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

• Review Ordinance amending Article Five, Special and Overlay Districts, Section 560, Definitions, for Structure.

Planning and Building Director Jeff Ray stated the Fremont Zoning Special and Overlay District Definitions section defines “structure” as, “A walled and/or roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.”  However, the Nebraska Department of Natural Resources and the Federal Emergency Management Agency define structure as, “A walled and roofed building that is principally above ground, as well as a manufactured home, and a gas or liquid storage tank that is principally above ground.”  The amended definition of “structure” will remove the “or” between walled and roofed building.

Moved by Winters, seconded by Emanuel to recommend the proposed changes as discussed.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

A discussion was held regarding changing the meeting time of the Planning Commission.  It was proposed to be changed to 4:30 p.m. on the third Monday of the month versus the previously scheduled time of 7:00 p.m.  It was also decided no Study Session would be held due to staff reports that clarify the items now being distributed to the Planning Commission.

Moved by Dugan, seconded by Paden to recommend the proposed changes.  Roll Call Vote showed all members present voting aye – 8 ayes.  Motion Carried.

Meeting adjourned at 7:53 p.m.