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City of Evanston Planning & Zoning Commission Board of Adjustment 1200 Main Street, Evanston, Wyoming 82930 Ph.# (307) 783-6470 Fax: (307) 783-6490 Email: [EMAIL REDACTED] Web: www.evanstonwy.org Planning and Zoning Commission Meeting Minutes May 4, 2015 6:00 p.m.-City Hall Commissioners Present: Chuck Straw, Chairman Amy Velasquez John Holderegger Mike Sellers Eric Mander Deborah Demander Georgia Harvey Staff Present: Dennis Boal, City Attorney Paul Knopf, City Planner DuWayne Jacobsen, Associate Planner Janel Campbell, Administrative Assistant Chairman Straw called the meeting to order at 6:00 p.m. Chairman Straw asked for a motion to approve the agenda for the May 4, 2015 meeting. A motion was made by Commissioner Holderegger, seconded by Commissioner Harvey. Motion carried. Chairman Straw asked for a motion to approve the minutes for the March 2, 2015 meeting. A motion was made by Commissioner Holderegger, seconded by Commissioner Harvey. Motion carried. With no old business to address, Chairman Straw proceeded to new business. Attorney Boal opened the hearing with CP 15-06 A request by Tammy Johnson Spruill for a Conditional Use Permit to allow a home occupation (Alterations/Tailoring) that will generate business traffic for property located within a Low Density Residential- Established (LR-E) zoning district at 122 Independence Dr., Evanston, Wyoming. The initial application for the home occupation was not approved by the Planning ---PAGE BREAK--- Department due to a written objection from an adjacent property owner. Tammy Johnson Spruill has requested a review of the home occupation by the Planning and Zoning Commission. (Section 24-43 A of Chapter 24, Zoning, of the Evanston City Code) Attorney Boal explained the legalities of the hearing stating that the applicant(s) would be heard from first, followed by those who were in favor of the applicant(s), and finally, from those who were opposed. He explained that this public hearing was a contested case hearing and that anyone who wished to contest the Commission’s decision must make it known to him at the closing of the hearing. Ms. Tammy Johnson Spruill, who resides at 122 Independence Drive, was sworn in. Ms. Spruill explained that she would like to operate Tammy’s Hem House in the basement of her house. Tammy’s Hem House is a business that offers alterations, tailoring, and mending of clothing and other items. She stated that she has been in business in a commercial area for 10 years. She is proposing the home business because rent for commercial space has become unaffordable. She stated that she will comply with all of the requirements in the Evanston City Code for a home occupation. She anticipates customer traffic to be approximately 10 vehicles per week. There may be an increase in customer traffic during prom, Christmas, New Year, and other similar holidays and events. Ms. Spruill addressed each of the items of concern that Mr. Waite expressed in his letter of opposition. First item, she stated that the bus route does not include Independence Drive. Buses are routed down Colonial Avenue, to Liberty Avenue, and then to Constitution Avenue or vice versa. Buses do not drive down her street. Second item, Ms. Spruill agrees with Mr. Waite that children playing in the street is a safety issue. She stated that her customers will need to be observant while coming to and from her business. Third item, Ms. Spruill stated that there is a man living on Liberty Avenue who drives a tractor trailer truck into the neighborhood about once a month. Fourth item, she believes that there is adequate on-site parking with four parking spaces in the driveway. The fifth and last item of concern states that the applicant parks in the street. Ms. Spruill had no comment regarding parking in the street. Attorney Boal asked Ms. Spruill what her hours of operation would be. Ms. Spruill responded that her hours of operation would be 9 a.m. to 5 p.m. on Monday, Wednesday, Thursday, and Friday. For customers who can’t meet that time schedule, she would accept customers on Saturday by appointment. Customers would come to drop off and pick up clothes. Attorney Boal asked if there was anyone in the audience who has questions for Ms. Spruill. There was not anyone with questions. He then asked if the Planning Commission had any questions. ---PAGE BREAK--- Chairman Straw asked Ms. Spruill if all of her customers were going to be by appointment only. Ms. Spruill, responded that customers would be by appointment only. There will be no random drop off and pick up of clothing. Commissioner Harvey asked Ms. Spruill if she was going to operate both the home business and the dry cleaning business along Yellow Creek Road. Ms. Spruill responded that she had to close the dry cleaning business. Chairman Straw asked Ms. Spruill if she was willing to operate her home business for a one year probationary timeframe and revisit the Planning Commission in a year. Ms. Spruill stated that she had no issues with the condition of a one year probationary timeframe. Attorney Boal asked if anyone had any more questions for the applicant. With no further questions, he asked if there was anyone present who would like to speak in favor of the application. There was not anyone to speak in favor of the application. Attorney Boal asked if there was anyone present who would like to speak in opposition of the application. Mr. William T. Waite, who resides at 126 Independence Drive, was sworn in. Mr. Waite mentioned that although the applicant had addressed each of his concerns, he would like to reiterate them again for the Planning Commission. Mr. Waite stated that he is mainly concerned with traffic and the safety of children in the neighborhood. He said that he has lived at his current residence for the past 17 years; and during that time, there have been three children hit by vehicles on Liberty Avenue. Mr. Waite also expressed concerns with tractor trailer truck traffic along Constitution Avenue, school bus routes in the neighborhood, the negative impacts home occupations may have on property values, speeding enforcement, and children walking in the street due to the lack of sidewalks. Mr. Waite stated that he had a petition signed by residents in the neighborhood. The primary concerns that Mr. Waite heard from his neighbors were about property values and the safety of children. Attorney Boal asked if anyone had questions for Mr. Waite. Ms. Spruill questioned why the citizens on the petition did not submit a letter of opposition to the Planning Department or attend the Planning and Zoning Commission meeting to express their concerns. ---PAGE BREAK--- Mr. Waite stated that many neighbors did not sign the petition because they fear repercussion from Mr. Spruill. Mr. Waite was the only one to submit a letter of opposition to the Planning Department. Chairman Straw asked if he could see the signed petition. Attorney Boal entered the petition into evidence as Exhibit 1. The petition was given to the Planning Commission for review. Commissioner Demander questioned how many children live on Independence Drive within the 12 or so houses shown on the PowerPoint map. Mr. Waite estimated that there are about 10 children. Attorney Boal asked if there were any questions for Mr. Waite. With no further questions, Ms. Spruill was given an opportunity to provide additional information. Ms. Spruill submitted a letter in favor of the application. Attorney Boal entered the letter into evidence as Exhibit The letter is from Gayle Hale who resides at 127 Independence Drive. Attorney Boal asked if the Planning Commission had any questions for anyone regarding the application. With no further questions, the hearing was closed. Chairman Straw asked for a motion to approve CP 15-06. Commissioner Harvey made a motion to approve CP 15-06 with staff recommendations. The motion was seconded by Commissioner Holderegger. Chairman Straw asked for discussion. Commissioner Harvey expressed concern about the petition not having last names. Commissioner Sellers pointed out that some of the signatures included last names. Commissioner Velasquez stated that she understands the concerns of traffic and children playing in the street. Where there will be no business signage or any other indication of a home occupation, she does not believe that the business will have a negative impact on property values. Commissioner Sellers stated that he is very familiar with the neighborhood and has seen little traffic on the residential streets west of Constitution Avenue. He does not believe that the business will negatively impact the neighborhood, especially when the applicant will accept customers by appointment only. Commissioner Sellers suggested that the applicant might consider scheduling appointments when kids were not going to or coming home from school. ---PAGE BREAK--- Commissioner Demander expressed concern with those who signed the petition but did not come to the public hearing. In addition, she did not believe that speeding in the neighborhood should be managed by the Planning Commission. Commissioner Mander stated that he could see no good reason to deny the request. Chairman Straw stated that he would hate to see any more businesses fail in town. However, he was not dismissing the concerns expressed by Mr. Waite. He suggested that perhaps a shorter probationary timeframe be considered. It was suggested that the home occupation be reviewed again at the September meeting of the Planning Commission. Chairman Straw asked Commissioner Harvey if she would like to amend her original motion. Commissioner Harvey amended her motion to include a shorter probationary timeframe and Planning Commission review at the September meeting of the Planning and Zoning Commission. Commissioner Holderegger seconded the motion. Chairman Straw called for a vote. The motion carried unanimously. Mr. Knopf informed the Planning Commission about a tentatively scheduled dinner meeting to discuss the 2030 Comprehensive Plan on Monday, May 18th. An email will be sent out confirming this meeting. With no further business Chairman Straw adjourned the meeting at 6:28 p.m.