Minutes: Planning Commission: June 11, 2007

City of Evansville

Plan Commission

Regular Meeting

Tuesday, June 11, 2007, 6:30 pm

City Hall, 31 S. Madison Street, Evansville, Wisconsin

MINUTES

Call to Order. The meeting was called to order at 6:30 pm by Mayor Sandy Decker.
Roll Call. Present: Sandy Decker, Diane Roberts, Mason Braunschweig, and Jim Brooks. Absent: Gil Skinner, Jeff Vrstal, and Bill Hammann. Staff present: Tim Schwecke and Dan Wietecha. Others present included: Ryan Combs, Rolland Probst, Brian Cothard, Mike ………, Bev Krueger, Jason Olson, Steve Ver Kuilen, Julie Meredith, Joe Topp, Sceone Gard, Kolleen Onsrud, Ayn Steinlein, John Sornson, Pat Engendorf, Cheryl Fuchs, Allison Topp, Dennis Wessels, Dick Woulfe, Vanessa Hinkel, Wayne Steinlein, Tim Meredith, Kerri Lynch, Nancy Nelson, Hans Kleisch, Tom Nonn, Decklin Every, and other members of the public.

Approve Agenda. Braunschweig made a motion, seconded by Roberts, to approve the agenda. Motion approved unanimously.

Approve Minutes of May 1, 2007 Meeting. Braunschweig made a motion, seconded by Roberts, to approve the minutes. Motion approved unanimously.

Citizen Appearances. None.

Unfinished Business. Wietecha stated that the Redevelopment Authority had recently hired RA Smith & Associates to conduct the Allen Creek Redevelopment Master Plan.

Schwecke indicated nothing to report on other ongoing items.

New Business.
Probst Land Division (application 2007-4). Ryan Combs presented the application on behalf of his client. There is a detached garage serving one side of the duplex on the adjacent lot. The garage portion of the lot cannot be combined with the adjacent lot because of restrictions with the duplex condominium association. Separating the garage portion to its own individual lot would enable the development of the rest of the property.

Mayor Decker opened the public hearing at 6:39. Public comments generally in favor of the application included:

The building permit was the city’s error and now there are dollars invested by the property owner.

Public comments generally against the application included:

Concern with the possibility of one or more rental duplexes on the new lot.

The public hearing was closed at 6:44. The Commission noted that it had denied a similar application from Probst last year.

The Commission stated it was unfortunate if there was an error by the city in issuing the building permit, but allowing the lot split would create a non-conforming lot.

The Commission noted the property is zoned to allow duplexes. The Commission asked if he had any plans to pave the gravel driveway; Rolland Probst said he may decide to eventually. Probst stated that he felt he was jumping through a lot of hoops and rigmarole for a building permit that was previously approved.

Brooks made a motion to recommend to Common Council approval of the land division as shown on the preliminary CSM, based on the findings and conclusions in the staff report, provided the conditions listed in the staff report are met prior to recording the final CSM with Rock County. Motion failed for lack of a second.

O2 Investments Annexation (application 2007-7). Jason Olson stated that he wished to have a property on Walker Street annexed into the city in order to connect to city sanitary sewer. Schwecke indicated a letter recommending approval had been received from the state Department of Administration. Wietecha distributed a revised development agreement.
Mayor Decker opened the public hearing at 6:56. There were no comments from the public. The public hearing was closed at 6:57.

Commission noted that it was an existing residence. Braunschweig made a motion, seconded by Roberts, to approve recommend to Common Council adoption of Ordinance 2007-6, Annexing Territory to the City. Motion approved unanimously.


Ver Kuilen/Meredith Tavern CUP (application 2007-8).

Steve Ver Kuilen said that their plan was to open a non-smoking, low-key venue for socialization. The liquor license had been approved by the Public Safety Committee contingent upon the conditional use permit (CUP) being approved by Plan Commission. He noted that it is a commercial area and street.

Schwecke stated that the question is whether a bar/tavern is an appropriate land use at that location; operational concerns such as hours or smoking are not concerns for the CUP.

Mayor Decker opened the public hearing at 7:12. There were many public comments. Those generally in favor of the application included:

It is a residential area, and a bar does not belong there.
There is a park in the neighborhood. The bar would be dangerous for children.
The park should not be forced to put up a fence because of the bar.
The bar would lead to increased loitering in the area.
There is already limited parking in the area.
The city does not need another bar.
The bar cannot ensure that its clientele would be quiet and well-behaved.
School buses load and unload nearby.
Increased noise from a bar.
Negative impact on neighboring property values.
Residents in area are working to make it a better neighborhood to live, and the bar would reverse that effort.
Most favorable comments seem to be from other neighborhoods.
Those generally against the application included:

The area is zoned commercial, and the street is a truck route.
The park is down the street.
The city needs new commercial development.
The VFW, Romano’s, and Citgo all have liquor licenses and are located closer to the park than this location.
Bar would not be open during same time as school bus loading or kids playing in park.
Would be a nice establishment.
The Commission noted written comments received from Jeff Bahrs and Ivan and Peggy Legler. The public hearing closed at 7:39. Braunschweig noted that the location is zoned commercial, not residential. He also indicated that two other bars are about the same distance or closer to the park without any reported problems. Ver Kuilen stated that he fully appreciated the concerns and would be a responsible and good neighbor.

Braunschweig made a motion, seconded by Roberts, to act on the application. Motion approved unanimously on a roll call vote.

Braunschweig made a motion, seconded by Roberts, to approve the application conditional use permit with the conditions contained in the staff report; Braunschweig requested a roll call vote. Motion approved unanimously on a roll call vote.

Kleisch Site Plan (application 2007-10). Schwecke noted that the conditional use permit (CUP) had already been approved; the site plan includes specific drainage concerns as well as the placement of an 8-foot fence. Braunschweig said the application was exactly what had been discussed over several previous meetings. The Commission indicated the fence material could be approved administratively by Schwecke. Roberts made a motion, seconded by Brooks, to approve the site plan with the conditions contained in the staff report. Motion approved unanimously.
Rohloff Extraterritorial Lot Division (application 2007-12). Braunschweig made a motion, seconded by Roberts, to approve the extraterritorial lot division for Charles and Dolores Rohloff. Motion approved unanimously.
Ordinance 2007-4, Allowing Artisan Studios in Certain Districts Provided Certain Standards Are Met. Schwecke noted there was an amendment from the version considered at first reading.
Mayor Decker opened the public hearing at 8:06. There were no public comments. The public hearing was closed at 8:07.

Braunschweig made a motion, seconded by Roberts, to recommend to Common Council adoption of Ordinance 2007-4, Allowing Artisan Studios in Certain Districts Provided Certain Standards Are Met, as amended. Motion approved unanimously.

Every Comprehensive Plan Amendment #1 (application 2007-13). Decklin Every stated that this application was for the property outside the city limits.
Every Comprehensive Plan Amendment #2 (application 2007-14). Decklin Every stated that this application was for the property inside the city limits.
Discussion on Plan Commission Meeting Date. The Commission decided not to change the regular meeting date.
Preliminary Development Presentations. Schwecke indicated there were no preliminary presentations.
Pending Legislative Proposals.
Unified Land Development Code. Schwecke stated that converting the zoning code to a unified land development code would give the zoning regulations a better, more user-friendly organization. Several portions have already been done in recent years. The land use portion and related items would need to be done first; other portions could wait until later. The Commission stated the initial portions could be addressed at a future meeting when the agenda is light.
Fences. The Commission said that comments from the building inspector should be incorporated into the draft; it can then go to first reading.
Residential Design Standards. The Commission noted that these were identified as one of the later portions of the unified land development code. Braunschweig questioned the impact on pre-existing buildings. The Commission preferred to table the standards until the TND Committee had settled on the language.
Accessible Housing. The Commission stated the ordinance was ready to go to first reading.
Traditional Neighborhood Developments. The Commission stated the ordinance was ready to go to first reading.
Residential Use Standards. The Commission agreed this item should wait until after the proposed unified land code.
Comprehensive Plan Amendments. The Commission noted that Comprehensive Plan amendments would be on the July agenda.
Site Plan Amendments. Schwecke stated there had been no administrative review of site plan amendments.
Redevelopment Authority. Wietecha had nothing additional to report.
Historic Preservation Commission.
Baker Office Building. Decker noted that the Baker Office Building had been designated as a local historic landmark.
Historic Building Survey. Decker indicated that two small areas had been identified as possible additional historic districts.
Traditional Neighborhood Development Committee. The Commission noted this was covered under the pending legislative proposals.
City Planner’s Report. Schwecke distributed a written staff report noting 1) approval of variance for Keller by Board of Appeals and 2) need for compliance with landscaping requirements by Davis.
Adjournment. On a motion by Braunschweig, seconded by Roberts, the meeting adjourned at 9:05 pm.