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Home » Departments » About Us » Planning and Zoning Minutes » May 9, 2007
May 9, 2007
PLANNING AND ZONING COMMISSION MEETING
May 9, 2007
Unapproved
The Milford City Planning and Zoning Commission meeting was called to order by Chairperson Thieme at approximately 7:00 p.m.
Present were, Members: Cory Beebe, Cullen Carter, Bonnie Hardy, Shawn Higgins and Robert Shaw; Zoning Administrator, Arden Fowles. Visitors: Cindy and Chris Hyatt, Susan and Larry Netto, Hailey Beebe, Monica Seifers and Les Whitney. Lana Shaw entered the meeting at 7:45 p.m.
1. Review and approval of the regular meeting minutes of April 11, 2007. Commissioner Beebe made a motion to approve the minutes as written, Commissioner Hardy seconded the motion and all were in favor. The motion passed unanimously.
2. Conditional Use Permit application, Cindy and Chris Hyatt for child care in their home at 836 West 900 South. Mr. Hyatt explained to the commission that their intentions were for a license to operate a pre-school in their residence and presented documentation from the state that exempted their operation, as explained, from state licensing for child care. He also explained that they would be purchasing curriculum material for the children. Commissioner Beebe then stated that he believed the request was a permitted use and that the commission should not even be having the discussion. Commissioner Beebe argued that it was essentially the same as a public school or educational facility and a business license should be issued. Administrator Fowles said the reasons he didn’t see it as black or white were that he wasn’t convinced that it was an educational facility in the sense that the ordinance was meant to read and that he brought it to the agenda due to conflict in same usage in both the permitted and conditional use areas and that judgment should be made on the side of the stricter regulation. Commissioner Hardy stated that she felt the business would be neighborhood friendly and should be allowed to be licensed. Commissioner Beebe restated his stand on educational facility. Commissioner Carter agreed that if they were following a curriculum and they (the Hyatt’s) say they are. Mr. Hyatt asked if it could be made correct through the use of conditions. Chairman Thieme explained the purpose of writing conditions under which an operation would be allowed to exist and continue. Robert Shaw made a motion to issue a conditional use permit for the Hyatt’s to operate a pre-school out of their home. A pause for the commission and the Hyatt’s to digest the recommended conditions. A second to the motion was made by Commissioner Higgins. The motion was passed unanimously. Note: findings were not made as the conditional use permit was used relative to assuring certain compliance in the residential area of 900 South and the general feeling that the use was arguably permitted by statute. Offered documents will be attached to these minutes.
3. Beautification Board regarding conditional use permit. Mr. Whitney addressed the commission as a representative (along with Ms. Seifers) of the Beautification Board and explained that in their efforts to control nuisances in the city they have occasionally run into situations where conditional use permits may exist on properties and would in those cases be a Planning & Zoning (P&Z) issue rather than the Beautification Committee. Chairman Thieme explained the P&Z process for yearly reviews of conditional use permits. Ms. Seifers also felt that it was more toward a disability to enforce the zoning regulation as written in sections 13.33 and 13.34 and asked for some assistance in that area. Mr. Fowles suggested that coupled with Mr. Whitney’s concern with conditional use permits that the commission could provide information to him on those permits and also to look at the landscaping and yards sections of the ordinance to see if there were changes that could be made that would make enforcement easier and more realistic. Chairman Thieme suggested that Mr. Fowles get Mr. Whitney a list of conditional use permits and the commission needs to bring suggestions for change to the next meeting.
4. Review previous and discuss alternative proposals regarding amendments to the zoning ordinance and rezoning an area of north east Milford. After further discussing a proposal made during the April 2007 meeting regarding rezoning an area in north east Milford to a commercial district and other options available, Commissioner Beebe made a motion to reject the proposed changes and leave the area as currently zoned (RM-6). Commissioner Carter seconded the motion. The motion was passed unanimously.
5. Review, discussion and action regarding placing a moratorium on residential area business and home occupation licensing pending an impact study period. After some discussion and reviewing a list of business licenses. A consensus was reached that the commission felt it was practicing due diligence in regard to issuing conditional use permits for home businesses and that they were attentive to the neighborhood impact of all requests. Commissioner Shaw made a motion that the moratorium as requested by the city council not be recommended at this time. Commissioner Hardy seconded the motion. The motion passed unanimously.
6. Commission Reports and Comments. As there were no further issues or comments Chairman Thieme adjourned the meeting at 8:00 p.m.
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