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COMMISSIONERS PRESENT
Bill Marino, Chair
John Plotkin
Bunny Malm
Tracy Sheffield
George Brown III
Michael Rohr
COMMISSIONERS ABSENT
Rich Urbanowski
STAFF PRESENT
Gail Spencer. Administrative Manager
Paul Rice, Principal Planner
Andrea Thompson, Associate Planner
Vicki Kaufman, Secretary to the Planning Commission
INDEX
ITEM 1: RZ-06-002 Request of Karla Chavez, representing the owner, Antonio Ambriz,
to rezone the property at 98 South Newland Street from 1-R (Large Lot Residential)
zone district to 2-R (Small Lot Residential) zone district.
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Following are the minutes of August 16, 2006 Lakewood Planning Commission Public
Hearing. A permanent set of these minutes is retained in the office of the City
Clerk.
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The roll having been called, a quorum was declared and the following business
was conducted:
CHAIRMAN MARINO stated for the record he would not read the standard procedures and policies because the only audience attendants are the applicants.
ITEM 1: RZ-06-002 Request of Karla Chavez, representing the owner, Antonio Ambriz, to rezone the property at 98 South Newland Street from 1-R (Large Lot Residential) zone district to 2-R (Small Lot Residential) zone district.
KARLA CHAVEZ, of 269 South Clarkson Street, Denver, Colorado 80209, is representing the Ambriz family who bought the subject property last year. Following the City process, they requested a subdivision in order to attach a house to the existing stable, which would be converted to a two-car garage. The house would be a modular home and face Marshall Street. Plans for the house will be submitted by day 30 of the referendum period.
COMMISSIONER MALM asked for clarification on where the dividing line is between Newland Street and Marshall Street, how many feet long is each property?
KARLA CHAVEZ said the Newland Street property would be 153 feet with 82.77 feet in the front and the Marshall Street property would be 129.40 feet with 82.76 feet in front.
ANDREA THOMPSON, Associate Planner, entered into the record the Staff Report,
case files and associated materials for Cases RZ-06-002.
COMMISSIONER MARINO accepted the items for inclusion into the case records.
COMMISSIONER BROWN asked what a through lot means?
ANDREA THOMPSON explained it is a lot that fronts two streets but does not back up to an arterial street. The lot runs from Marshall Street to Newland Street.
COMMISSIONER SHEFFIELD asked Staff to clarify if demolition of the garage is required and is the garage to be demolished on Marshall Street or Newland Street?
ANDREA THOMPSON explained that the garage on the proposed Lot 2 along South Marshall Street does need to be demolished because it is a non-conforming use. Or, the applicant must submit plans to build a home on Lot 2 to make the garage a legal accessory structure. There is no garage on Newland Street.
COMMISSIONER PLOTKIN said he noticed many lots in this area do not comply with the 1-R zoning. Is there any way to get a mass zoning done so property owners don't have to go through the process, which may also keep homeowners from getting the maximum amount of money for their property should they decide to sell.
PAUL RICE said Staff would review a request if it was initiated by a group of neighbors in the area for comprehensive zoning.
COMMISSIONER ROHR said he noticed the applicant had not yet submitted their footprint for the house on Marshall Street. His concern is the side setbacks. The barn on the adjacent property is very close to the property line.
PAUL RICE said the commissioners might want to consider, as a condition of approval, saying "The applicant will be required to submit and receive approval of the demolition plans for the accessory structure on Lot 2 by day 30 of the 45-day referendum period to remedy the non-conforming illegal use" or - starting after the section that says 45-day referendum/appeal period, "Or submit plans for a building permit to remedy the non-conforming illegal use." The City would not require them to demolish the building before the referendum period is finished.
COMMISSIONER MARINO asked if there was any adverse reaction to the project?
ANDREA THOMPSON said she was not the planner on this case at the time of the Neighborhood Meeting but the notes read that the neighbors just wanted to know if the applicant would follow through with the subdivision and demolition or removal of the building. She did receive a few phone calls out of curiosity but no opposition.
COMMISSIONER PLOTKIN made the motion, that Planning Commission recommend to City Council APPROVAL of Rezoning Case RZ-06-002, following the Summary and Recommendations in the Staff Report and that the recommendation be subject to the condition that the applicant be required to submit and receive approval of either demolition plans of the accessory structure on Lot 2 by day 30 of the 45 day referendum period or submit plans for a building permit to remedy the illegal non-conforming use on Lot 2.
COMMISSIONER MALM seconded the motion.
Motion passed 6-0.
ITEM 2: APPROVAL OF MINUTES
Minutes from the public hearing meetings of June 21, 2006 and June 28, 2006
were both approved by a vote of 6 ayes and 0 nays.
ITEM 3: GENERAL BUSINESS
PAUL RICE wanted to remind the commission of the study session on August 30th
starting at 6:30 P.M. in the D.A.T. Conference Room.
COMMISSIONER MARINO said he, Becky and Paul have been talking about having four Study Sessions for the balance of the year. They want to bring in some experts to aid the commission with issues that will be facing them in the future with the hope of a smooth transition from the commission now to the commission of the future.
COMMISSIONER MARINO also wanted on the record that there has been discussion about creating an award to recognize projects that follow the Performance Review Process, recognizing C. Y. Choi, whose idea it was originally, with that designation. Commissioner Marino would very much like to have the award originated by Planning Commission.
PAUL RICE said he thinks the award should be in the form of a resolution accepted and recommended to City Council by Planning Commission.
BUNNY MALM wanted to thank each and every one of the commissioners, Staff of Community Planning and Development Department, and everyone else involved with her receiving flowers and cards while she was ill. They meant so much to her.
COMMISSIONER MARINO said the commission is glad she is back and healthy.
ADJOURNMENT
Meeting adjourned at 7:35 P.M.
Vicki Kaufman, Secretary to the Planning Commission
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