Planning & Zoning Commission Minutes

MINUTES OF THE MEETING

OF THE

ALLAMAKEE COUNTY

PLANNING AND ZONING COMMISSION

April 19, 2010

Board of Supervisors’ Room, Courthouse, Waukon, Iowa

Meeting was called to order at 6:00 P. M. by Chairperson John Smola. 

Roll call of Commission Members:                                                  Term Expires

Nancy Everman                                             Present                              2010

Kirby Cahoon                                                  Present                              2011

Chair              John Smola                               Present                              2012                           

James Pladsen                                                 Present                              2013

Vice-Chair      Duane Leppert                        Present                              2014

Planning and Zoning Staff present: Tom Blake, Zoning Administrator.  See attendance sheet for public and others in attendance. 

 All Board members voting “AYE” unless noted. MCU means Motion Carried Unanimously.

Everman made a motion to approve the March 15, 2010 minutes as presented.  Cahoon seconded.  (note: Leppert did not have opportunity for review.)MCU

Smola presented the proposed meeting agenda.  Motion made by Pladsen to approve the agenda as presented.  Everman seconded. MCU

Chairperson Smola opened the Public Comment Period. 

Smola temporarily suspended the public comment period to allow for member discussion regarding adding this item to the agenda.  Pladsen made a motion to rescind his previous motion to approve the agenda as presented.  Everman seconded the motion.  MCU.

Cahoon made a motion to amend the presented agenda by adding Jason Brink, Committee for Responsible Zoning—Present suggested language to replace “114.3 Non-conforming lots of record” under V. Old Business and to approve the agenda as amended. Leppert seconded.  MCU.

Smola re-opened the public comment period.  There being no further comment, Smola closed the Public Comment Period.

Smola called for Old Business: 

                                                              i.      Add “Retail Store and Service, dwelling unit above a store or shop” as a permitted use in the Commercial District (C-1).

                                                            ii.      Add “4. Dwelling Unit in a commercial structure for the owner, operator or caretaker of the business.” to the allowed accessory uses and structures in the Commercial District (C-1).

                                                          iii.      Add “Community Meeting and Recreation Building” as a permitted use in the A-1, R-1, R-2, and R-3 Zoning Districts.

Smola read, explained the proposed amendments and asked for public comment. There being no public comment, the Public Hearing was closed.

Cahoon made a motion to approve a Resolution Recommending a Change in the Text of the Allamakee County Zoning Ordinance, approving the Ordinance amendments as presented.  Pladsen seconded. MCU.

114.3 Lots and Subdivisions of Record on June 3, 2008

On any lot or subdivision of record that existed on June 3, 2008, lots, subdivisions and structures may be improved, modified, constructed and repaired in compliance with the zoning ordinance and subdivision regulations that existed on June 3, 2008. This provision shall apply even though such lots, subdivisions, structures, improvements, modifications, construction and repairs fail to meet the requirements set forth in this Zoning Ordinance and Subdivision Regulations, provided that such lots, subdivisions, structures, improvements, modifications, construction and repairs comply with the zoning ordinance and subdivision regulations that existed on June 3, 2008.

Leppert made a motion to recommend approval of Section 114.3 as presented to the Board of Supervisors.  Cahoon asked for further research on the impact of the language change.  Smola called for a second to the motion.  No second was made.  Smola declared the motion died for lack of Second.  There being no further discussion, Smola closed the agenda item.

Zoning Administrator Report—Blake presented his reports to the Commission regarding office activity and items of interest and the Quarterly Report of Building Permits.   Blake advised the Contiguous Non-conforming Lots of Common Frontage was not yet available for review.

New Business:          

                                                              i.      DeBerg advised he wanted to build a new home on part of his property without tearing down the existing home.  He would like to split the property in half and would build the new home within the next year.

                                                            ii.      Blake gave a staff report on the request, advising that the Plat Review Committee and the Planning and Zoning would have the opportunity to review any subdivision of the property prior to approval by the Board of Supervisors.

                                                          iii.      There being no further input, the public hearing was closed.

                                                              v.      Leppert made a motion to approve a Resolution of the Planning and Zoning Commission Regarding a Request to Change the Zoning District Boundaries in Allamakee County, Iowa, recommending the Board of Supervisors approve the requested change with no conditions. Cahoon seconded. MCU

                    *The Public Hearing was opened for; Quandahl, Thomas, 1814 Prairie Avenue, Waukon, Iowa, Parcel ID#09258100006, E 190' of N 198' NW NW and Lot 8 of 1 NE NW, 25-98-6, Allamakee County, IA

                                 i.  Quandahl advised he owned just over 2 acres and wanted to be able to build or sell each acre parcel independent of each other.  He purchased each ½ of the property separately with that intent, but now could not sell or develop due to the new zoning ordinance.

                                              ii.      Blake gave a staff report on the request, advising that the Plat Review Committee and the Planning and Zoning would have the opportunity to review any subdivision of the property prior to approval by the Board of Supervisors.

                                  iii.  Discussion was held regarding the property location in an Urban Growth Area and how the denser urban style development was directed toward these Growth Areas.

                                                                     iv.      There being no further input, the public hearing was closed.

                        *Everman made a motion to approve a Resolution of the Planning and Zoning Commission Regarding a Request to Change the Zoning District Boundaries in Allamakee County, Iowa, recommending the Board of Supervisors approve the requested change under the conditions as follows:

                                                              i.      Agreement with any property covenants, if applicable.

                                                            ii.      Owner, and subsequent owners, agree that no setback, area, or other variance will be sought or granted.