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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES August 2, 2011 PRESENT: David Borsuk, Ed Bowen, Jeffrey Thorns, Steve Cummings, Kathleen Propp, Dennis McHugh, Donna Lohry, Robert Vajgrt, Karl Nollenberger EXCUSED: Thomas Fojtik, John Hinz STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeffrey Nau, Associate Planner; Lynn Lorenson, City Attorney; Deborah Foland, Recording Secretary Chairperson Propp called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of July 19, 2011 were approved as presented. (Nollenberger / Vajgrt) L EXTRATERRITORIAL TWO -LOT LAND DIVISION /CERTIFIED SURVEY MAP AT 4489 SAND PIT ROAD IN THE TOWN OF OMRO This request is for a two -lot land division/certified survey map from one existing parcel containing a total of 2.87 acres. Sizes of the proposed lots are as follows: Lot 1 = 1.03 Acres Lot 2 = 1.84 Acres Mr. Bowen arrived at 4:02 pm. Mr. Nau presented the item and reviewed the site and surrounding area as well as the zoning classifications in said area. He explained that the purpose of the land division was to enable the property owner to sell off part of the parcel for residential development. He further stated that the request was consistent with the Comprehensive Plan and the Department of Public Works has reviewed the land division and has no concerns with it. Connie Martini, 1051 S. Oakwood Road, stated that she was representing the owner and had brought the original certified survey map for signature if the request was approved. Ms. Lohry questioned if the Town of Omro approved of this request. Mr. Nau responded that he was not aware if the Town had reviewed the request at this time. Approval is required from both parties and what order the approvals are received is irrelevant. Motion by Nollenberger to approve the land division /certified survey map at 4489 Sand Pit Road in the Town of Omro as requested. Seconded by Borsuk. Motion carried 9 -0. II. EXTRATERRITORIAL THREE -LOT LAND DIVISION /CERTIFIED SURVEY MAP AT 2308 COUNTY ROAD FF IN THE TOWN OF UTICA Plan Commission Minutes August 2, 2011 This request is for a three -lot land division/certified survey map from two existing parcels containing a total of 79.849 acres. Sizes of the proposed lots are as follows: Lot 1 = 10.720 Acres Lot 2 = 13.624 Acres Lot 3 = 55.505 Acres Mr. Nau presented the item and reviewed the site and surrounding area as well as the zoning classifications in said area. He explained that the purpose of the land division was to create another developable parcel and the existing agricultural use will be maintained on the property. He further stated that the size of the lots is consistent with the required standards and the Comprehensive Plan and the Department of Public Works has reviewed the request and has no concerns with the proposed land division. Ms. Lohry inquired if the Town of Utica has approved of this request. Mr. Nau responded that the Town was in the process of reviewing it at the time the staff report was prepared and has since approved of the request. Mr. Thorns questioned how this land division was consistent with the Comprehensive Plan. Mr. Burich stated that since lot 1 and lot 3 already exist, the creation of lot 2 is considered an infill land division and is consistent with the Comprehensive Plan. Motion by Vajgrt to approve the land division /certified survey map at 2308 County Road FF in the Town of Utica as requested. Seconded by Borsuk. Motion carried 9 -0. III. PROPOSED TEXT AMENDMENT TO ZONING ORDINANCE CHAPTER 30, SECTION 30 -4 NONCONFORMING USE REGULATIONS The Department of Community Development requests review and approval of an amendment to the City of Oshkosh Zoning Ordinance repealing and recreating Section 30 -4 Nonconforming Structure and Use Regulations, which is a portion of Article II: General Provisions. Mr. Buck presented the item and explained the purpose of revising the regulations. He explained that the proposed text amendment had been previously reviewed by the Plan Commission at a workshop in December of 2010 and again as an action item in January of 2011. The request was tabled at the January meeting to allow the Board of Appeals to review the proposed amendment which took place at a workshop in February of 2011. The Board of Appeals members supported the request as they felt it would make the ordinance more understandable and would help with interpretations of the code and would be defensible. He also reviewed the specific changes to the ordinance. Robert Cornell, 548 W. Smith Avenue, Chairman of the Board of Appeals, stated that of the comments included in the staff report from the Board of Appeals, the most important was the one relating to the clean -up of nonconformities in the community. He further stated that one of the biggest problems the Board encounters is citizens misunderstanding the code requirements. The Board of Appeals is not an advisory board and their decisions are final unless the applicant wishes to appeal the decision with the County Judicial System. He further explained that the Board has to determine findings when granting a variance to support their decision and the Board members requested that he attend this meeting to support the proposed amendment as the ordinance needs to be brought up to date. Plan Commission Minutes August 2, 2011 Mr. McHugh questioned if Mr. Cornell felt that the City has gone too far with the proposed amendment or not far enough. Mr. Cornell responded that he felt the amendment made matters pretty clear and covers the issues adequately as well as making the ordinance easier for citizens to understand. Mr. Thorns inquired how the proposed amendment helps to address issues from a judicial standpoint. Lynn Lorenson, City Attorney, replied that the definition section of the ordinance previously did not exist and this addition clarifies matters as well as defines what is considered maintenance, alterations, etc. which should alleviate misinterpretations of the code requirements. Motion by Vajgrt to approve the text amendment to Zoning Ordinance Chapter 30, Section 30- 4 Nonconforming Structure and Use Regulations as requested. Seconded by Cummings. Motion carried 9 -0. OTHER BUSINESS Mr. Borsuk commented that he wished to recognize the passing of Curt Gehling who previously served on the Plan Commission and acknowledge his service to the community. Mr. Burich stated that there will be a joint workshop on August 30 at 5:00 -6:15 pm with the Common Council, Plan Commission, Sustainability Advisory Board, and the Sustainability Advisory Steering Committee to discuss the draft of the Sustainability Plan. It will be directly followed by a workshop on TIF from 6:15 -8:00 pm. A notice will be sent out regarding this matter prior to the meeting. Mr. Burich also distributed a document detailing AB 181 that the Assembly will be having a hearing on Wednesday August 10 at the State Capitol. The bill re- instates the towns' ability to file lawsuits against unanimous approval annexations. There being no further business, the meeting adjourned at approximately 4:25 pm. (VajgrtBowen) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes August 2, 2011