HomeMy WebLinkAbout09/25/2008 P&Z minutes 23-08
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-23-08
Hearing Date: September 25, 2008
PROPERTY ADDRESS:
601-605 E. Prospect Avenue
PETITIONER:
Lawrence Management, LLC
PUBLICATION DATE:
Not required; signs posted on-site September 10, 2008
PIN NUMBER:
08-12-428-008-0000
REQUEST:
Plat of Vacation
MEMBERS PRESENT:
Richard Rogers, Chair
Joseph Donnelly
Leo Floros
Ronald Roberts
Keith Youngquist
MEMBER ABSENT:
Marlys Haaland
STAFF MEMBERS PRESENT:
Brian Simmons, AICP, Deputy Director of Community Development
Consuelo Andrade, Development Review Planner
INTERESTED PARTIES:
Wally Lawrence, Tricia Lawrence
Chairman Richard Rogers called the meeting to order at 7:34 p.m. Joseph Donnelly made a motion to approve the
minutes of the July 24, 2008 meeting and Ronald Roberts seconded the motion. The minutes were approved 5-0.
Chairman Rogers introduced Case PZ-23-08, a request to vacate a utility easement at 601-605 E. Prospect
Avenue, at 7:35 p.m.
Brian Simmons, Deputy Director of Community Development, said the subject property was on the Southeast
corner of Prospect A venue and William Street. The proposal was to vacate a twenty (20) foot wide by two
hundred (200) foot long utility easement that goes through the center of the property.
Mr. Simmons stated the Petitioner was looking to construct a maintenance building in the future at the eastern
most end of the easement. By code, the Petitioner could not have a foundation that was located in the easement
area. This was the reason why the Petitioner was seeking to vacate the utility easement.
Mr. Simmons said Staff has reviewed the easement and stated no utilities existed within the twenty (20) foot
easement. Mr. Simmons showed a slide of the proposed plat and stated Staffs recommendation that the Planning
and Zoning Commission approve the following motion;
"To approve a Plat of Vacation, titled Plat of Vacation of Easement for Public Utilities, for the Timberlane
Apartment complex located at 601-605 E. Prospect Avenue, Case No. PZ-23-08."
Chairman Rogers asked if the subject area was originally designed as an alleyway or access point into the
property. Mr. Simmons said the access point was from the parking lot to the South. The utility easement could
be power/telephone lines to serve the property. Mr. Simmons stated there was no need for the easement with the
configuration of the site.
Richard Rogers, Chair
Planning & Zoning Commission Meeting September 25, 2008
PZ-23-08
Page 2
Mr. Roberts asked about the setbacks. Mr. Simmons said in regards to the proposal that was reviewed, there was
nothing proposed to change on the site. The proposed maintenance building would meet all of the required
setbacks on the site.
Mr. Donnelly asked about the shed location within the easement. He wanted to know if it had to be removed.
Mr. Simmons stated as part of the conditions for the permit, the Village would require that the shed be removed.
There was general discussion on what was being proposed to be built East (700 block of East Prospect A venue) of
the subject property. Mr. Simmons said the existing utilities would serve the property to the East via the right-of-
way.
Keith Youngquist asked about the setback to the South of the proposed maintenance building. Mr. Simmons
stated the Petitioner was not proposing the maintenance building to be built along the South property line. The
location would be where the property line makes a 90 degree angle towards to middle of the site and the proposed
maintenance building would be properly setback 10 feet off of the Western property line.
Mr. Donnelly said there was another building in this proposed area. Mr. Simmons said the future proposal would
be to remove the structure in question.
Chairman Rogers swore in Walter Lawrence of Lawrence Management, LLC, 601 E. Prospect Ave., #2A. Mr.
Lawrence stated that they would like to remodel and remove the existing pool house and turn it into a
maintenance garage with a small adjacent office. He said the easement has been of record for many years with no
utilities located within the easement. Mr. Lawrence said they were petitioning to vacate the easement to build the
garage. He stated the easement did not affect neighbors while the swimming pool was removed years ago.
Mr. Donnelly asked if the shed along the fence line would be removed. Mr. Lawrence stated the shed would be
removed once the new project begins.
Chairman Rogers called for additional questions or comments; hearing none, the public hearing was closed at
7:43 p.m.
Keith Youngquist made a motion to approve Case Number PZ-23-08, a request to vacate a utility easement at
601-605 E. Prospect Avenue.. Leo Floras seconded the motion.
UPON ROLL CALL:
AYES: Donnelly, Floras, Roberts, Youngquist, Rogers,
NA YS: NONE
Motion was approved 5-0.
After one additional case, Joseph Donnelly made a motion to adjourn at 8:27 p.m., seconded by Ronald Roberts.
The motion was approved by a voice vote and the meeting was adjourned.
Ryan Kast, Community Development
Administrative Assistant
H:\PLAN\Planning & Zoning COMM\P&Z 200S\Minutes\PZ-23~8 6(H-605 E. Prospect Ave (Timbcrlane Apls)