HomeMy WebLinkAboutPlanning & Zoning Commission Minutes 10-09-2013 CITY Of CAPE GIRARDEAU
PLANNING & ZONING COMMISSION
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PLANNING AND ZONING COMMISSION
MEETING MINUTES
October 9, 2013
City Hall — Council Chambers
Present: Trae Bertrand, Larry Dowdy, Jeff Glenn, William Hinckley, Randy Kluge, Ralph
Maxton, Scott McClanahan, Doug Spooler, Thomas J. Welch
Absent: None
Staff Present: Carol Peters, Ryan Shrimplin
Call to Order: Chairman Bertrand called the meeting to order at 7:00 p.m.
The minutes of the September 11, 2013 meeting were unanimously approved upon motion
made by Mr. McClanahan and seconded by Mr. Glenn.
HEARINGS, DISCUSSION &VOTING
� 1. A public hearing was held on the request of Coalter & Felty Investments for two variances
from Development Code Section 25-604, fence height and fence surface, at 212 South Ellis
Street. Mr. Roy Felty, 119 South Ellis Street, explained that he would like to install a six (6)
foot high privacy fence to screen his property at 212 South Ellis Street from the trash
dumpster located on the adjacent property to the north. The dumpster is near the property
line, and its unsightly appearance is deterring potential renters who look at his property. No
one else spoke in favor of, or in opposition to, the request. A staff report was submitted to
the Commission containing the following findings of fact:
Criterion #1: The requested variance arises from a condition which is unique to the
property in question and which is not ordinarily found, and is not created by an action or
actions of the property owner, the applicant or predecessors in title.
Findina: The subject property is adjacent to an apartment building. The footprint
of the apartment building occupies most of the lot upon which it is located. Due
to the lack of available space on the site, the dumpster serving the apartments is
located adjacent to the front yard of the subject property. The dumpster was
installed prior to the City's adoption of dumpster screening requirements,
therefore the City cannot require the landlord to install screening. The applicant
is requesting the variance in order to install a 6 foot tall privacy fence on the
subject property so as to provide screening from the dumpster. The proximity of
the dumpster to the applicant's front yard is unique and was not created by an
action or actions of the subject property owner, the applicant or predecessors in
� title.
Criterion #2: The granting of the variance will not adversely affect the rights of adjacent
property owners or residents.
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Meeting Minutes
October 9, 2013
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Findin : Granting the variance to allow the privacy fence will not adversely affect
adjacent property owners or residents. The fence will actually benefit property
owners down the street that also have a view of the dumpster.
Criterion #3: The strict application of the provisions of the Development Code from
which the variance is requested will constitute unnecessary hardship upon the utilization
of the property.
Findin : Denial of the variance will constitute an unnecessary hardship for the
applicant because the dumpster infringes on their tenants' enjoyment of the
property and also makes the property less desirable from a sale or lease
standpoint.
Criterion #4: The requested variance will not adversely affect the public health, safety,
morals, order, convenience, prosperity, or general welfare.
Findin : Granting the variance will not adversely affect the public. As stated
previously, the fence will actually benefit other property owners down the street.
Criterion #5: Granting the requested variance will not undermine the general spirit and
intent of the Development Code.
Findin : The applicant is requesting the variance to alleviate a hardship that is �
not self-imposed. If granted, the variance will allow the applicant to screen the
dumpster from their property as well as the neighboring properties, thus providing
a public benefit. As such, the variance request meets the spirit and intent of the
Development Code.
Based on the above findings, City staff recommended approval of both variance requests,
subject to the following conditions:
1. A fence permit shall be obtained prior to installation of the fence.
2. The fence shall not contain barbed wire, razor wire, or similar material containing sharp
points or edges.
3. The fence shall be properly maintained at all times. If at any time the fence is not
properly maintained or is altered in a manner that is inconsistent with the terms of this
variance, then this variance shall become null and void.
The Commission agreed that a privacy fence would be appropriate to block the view of the
dumpster but didn't think six feet would be a sufficient height to block the view if the lid of the
dumpster were open. Mr. Hinckley suggested allowing the fence to be up to eight (8) feet in
height. A motion was made by Mr. Hinckley and seconded by Mr. Glenn to approve the
variance request to exceed the maximum permitted fence height with the conditions in the
staff report, and authorized the fence to be up to eight (8) feet in height. The motion passed
with a vote of 9 in favor, 0 in opposition, and 0 abstaining. A motion was made by Mr. �;r+�
Maxton and seconded by Mr. Glenn to approve the variance request to install a privacy
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Meeting Minutes
October 9, 2013
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fence that does not meet the 50% open surface requirement, with the conditions in the staff
report. The motion passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining.
SUBDIVISION PLATS
1. A record plat for Clark Avenue Subdivision was reviewed by the Commission. Mr. Bob
Herbst, Prudential Bridgeport Realty, explained that the plat subdivides one tract containing
two buildings into two lots, with one building on each lot. The staff report recommended
approval as submitted. A motion was made by Mr. Hinckley and seconded by Mr. Dowdy to
recommend approval of the Clark Avenue Subdivision record plat as submitted. The motion
passed with a vote of 9 in favor, 0 in opposition, and 0 abstaining.
2. A record plat for a Resubdivision of Lots 1, 2, & 3 of a Resubdivision of Lot No. 3 of Twin
Lakes Subdivision was on the agenda. Prior to the meeting, the applicant requested that the
review of the plat be tabled. A motion was made by Mr. McClanahan and seconded by Mr.
Hinckley to table review of the record plat for a Resubdivision of Lots 1, 2, & 3 of a
Resubdivision of Lot No. 3 of Twin Lakes Subdivision. The motion passed with a vote of 9 in
favor, 0 in opposition, and 0 abstaining.
Adiournment
Upon motion made by Mr. Glenn and seconded by Mr. McClanahan, the Commission voted
,� unanimously to adjourn the meeting at 7:07 p.m.
Respectfully submitted,
(�,�,��L�+�i//�G ��c_—
Scott McClanahan
Vice-Chairman
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