This transcript features the **Farmington Planning Commission**. Based on the context provided, the primary speakers are **Chair Melissa Kenninger**, Planner **Julia Hogan**, Community Development Director **Adam Kienberger**, and Commissioner **Michael Reed**. [0:05] [Background sounds] [0:18] [Music] [0:26] [Music] [1:03] **Melissa Kenninger:** I call it to order the regular Planning Commission meeting for Tuesday, June 27th. Please stand for the Pledge of Allegiance. I pledge allegiance to the flag of the United States of America, and to the Republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Are there any additions to tonight's agenda? [1:40] **Adam Kienberger:** None, Madam chair. [1:42] **Melissa Kenninger:** Thank you. Is there any input from the audience on tonight's agenda that are items not already on the agenda? Moving on, we will move on to the consent agenda. The consent agenda this evening consists of our minutes from the May 23, 2023 regular meeting, and I did request Riley to make one small, minor modification to the minutes which is in front of you in red, just a call out that we did approve the consent agenda with the meeting minutes pulled and then it goes on to indicate we approved the minutes with the suggested changes. Are there any comments or questions? Seeing none, I will make a motion to approve the consent agenda. [2:05] **Michael Reed:** Second. [2:06] **Melissa Kenninger:** It has been motioned by Commissioner Kenninger, seconded by Commissioner Reed. All those in favor please say aye. (Group: Aye). Opposed? Motion carries. We do not have any old business that I'm aware of, so we will move on to the new business or the public hearings, which is a request by David and Christina Callus for a variance to deviate from the property's maximum allowed lot coverage to allow for a patio to be constructed on site. And then we'll turn it over to Julia. [2:38] **Julia Hogan:** All right. Um, so this item tonight is a variance request. Like stated, the applicants are David and Kristen Callus and the site location is at 13200 Alden Avenue. So a little bit of a summary: the request by David and Kristen Callus for a variance to deviate from that property's maximum allowed lot coverage to allow for a patio to be constructed on site. So the applicants are seeking a variance from the R1 PUD low density residential Planning Development maximum lot coverage standard of 35 percent, and they're requesting to increase that to 40 percent for that property at 13200 Alden Avenue. Currently, the property has a lot coverage of 34.5 percent and the applicants are proposing to add a 650 square foot patio which would put their property at 40 percent lot coverage. Some of the unique circumstances include the shape of the lot, which I'll show in the next couple slides, and then also the location of the house on the property. Staff is recommending approval of the request. [3:39] **Julia Hogan:** So the site location: the property is located within the Bella Vista Third Edition subdivision. It's located north of Alden Avenue and is located directly west of Horseshoe Park which the city owns. And here's a look at the property survey. So you can see on the southeastern portion of the site there is that Northern Natural Gas pipeline easement, which did make the house have to be set back further to be away from that easement location, which ultimately needed a longer driveway since the house was pushed back farther, which increased that lot coverage. As you can see on this property survey, it was approved at 34.5 percent, which only left about 57 square feet of additional lot coverage to be added to the site. [4:30] **Julia Hogan:** And then here's the proposed site plan that the applicants are proposing. So you can see the 600 square foot patio addition with a pizza oven on that northeastern portion. Do also want to mention there is existing screening of trees on that eastern portion as well, which you'll see in some of the aerial photos next. So here's looking straight onto the site. You can see those existing trees which adds the screening to Horseshoe Park. And then here's one looking west at the site. Applicant is proposing that patio to be located next to that existing deck on site. And then looking south at the property showing where that location of that patio would be. [5:33] **Julia Hogan:** And then there are five findings that staff found listed here. I'll go over a couple of them. So staff finds that the request is in harmony with the purposes and intent of the ordinance. Patios are allowed within that R1 PUD zoning district and the Bella Vista Planning Development agreement allows for certain properties to have up to 40 percent lot coverage. The site is designated as low density residential; the variance request is consistent with that designation. The variance permits the homeowners to use the property in a reasonable manner that is consistent with many others in the R1 PUD zoning district. Staff finds that there are unique circumstances to the property: the southern portion of the lot is shaped at an angle due to the location of the natural gas pipeline and pipeline easement, which is a reason why the house had to be set back further on the property. Due to the house being set back farther from the front property line, a larger driveway was needed, ultimately adding to that total lot coverage calculation. And then the essential character of locality would not be altered by granting the variance. Many other properties in the vicinity are allowed to have up to 40 percent lot coverage and many have patios as well. Variances were not needed in those instances due to the ability to add additional impervious surface coverage to the property. [6:45] **Julia Hogan:** And then recommended action: motion by the Board of Appeals and Adjustments to adopt a resolution approving a variance from the R1 PUD low density residential Planning Development maximum lot coverage standard for the property at 13200 Alden Avenue from 35 to 40 percent. And with that, I will take any questions that the Commission might have. [7:02] **Michael Reed:** Are there any questions from the Commission for staff? I just had one question from the slide before that. The very last sentence: "and their variances were not needed in those instances." Can you just explain what exactly that means? Like, why they weren't needed? [7:14] **Julia Hogan:** Yeah, so kind of like I had mentioned earlier, with the original property survey that was approved by the city for this lot, it was almost at that max 35 percent. It was at that 34.5 percent that was approved. So they really were only able to add 57 square feet of additional lot coverage. And most of the properties we see, they're a little more forgiving; they usually give about five percent that the property owners can add. So this was just limiting the property owner to add additional impervious surface coverage, if that makes sense. [7:53] **Michael Reed:** Is it just because of the gas line that is a reason why the house was set back farther which increased that total impervious surface coverage? [7:59] **Julia Hogan:** Because you can see in the property survey that driveway is about 1400 square feet of impervious surface coverage. Normally we don't see that that large, but because the house did have to be set farther back, they did have to have a larger driveway in that aspect. [8:21] **Michael Reed:** Okay, thank you. [8:22] **Jeff Ellis:** Yeah, kind of a general question just about lot coverage as I listen to this and think about it. What's the purpose of having a lot coverage requirement and how does the city come up with these numbers of 30, 35, 40? [8:32] **Julia Hogan:** Yeah, so the standard for the city for lot coverage is 30 percent. That main reason why we limit lot coverage is for drainage issues, more so to make sure that that doesn't become an issue. A lot of newer developments we see come forward, they have smaller lots and smaller footprints, so that need for a larger impervious surface coverage is needed. So a lot of those planning developments that we see, the developer is asking for deviations from that lot coverage. So we kind of see a tiered system now, kind of like with this Bella Vista Third Edition. Depending on how large the lot is, that's where that tiered system is. Like if this for Bella Vista Third in particular, if the property is under 11,250 square feet they can have up to 40 percent, and then there's that 11,250 to 15,000 square feet they can have 35, and then over 15,000 square feet they can have up to 30. So it just kind of depends on—we're seeing a lot more smaller footprints, so that need for increased impervious surface is needed. [9:52] **Jeff Ellis:** Got it. And I see that they're just barely in that... [9:54] **Julia Hogan:** Yeah, they're on that lower end of that middle tiered system. So they are—most of their neighbors are in that 40 percent, so that's why we're recommending this because they are in that lowered portion and as well as their neighbors are within that 40, so it wouldn't be out of the realm of that street to see. [10:02] **Jeff Ellis:** And just the final then follow-up question is, if drainage is a concern, are there any concerns about granting this variance with—you know, does that affect drainage in any way? [10:14] **Julia Hogan:** Um, when we had our meeting with the engineering department and various departments, there was no concern in regards to drainage if this variance did get approved. [10:25] **Jeff Ellis:** All right, thank you. [10:27] **Melissa Kenninger:** Any other questions? Thank you, Julia. This item is a public hearing item this evening. So at this time we will open up the public hearing and any audience that would like to speak on this item may do so at this time, coming to the podium, stating your name and address for the record. [10:52] **Kathleen Rowland:** Um, my name is Kathleen Rowland. I live at 13239 Alden Avenue and I just poured a patio like two weeks ago and I got this letter and so I was kind of curious as to see why, you know, they were having to go through a variance and I didn't. And so um, I showed up and nobody was here and so I got a little scared but uh, it's nice to see how this process works. So and I wish you a lot of luck with it and stuff, so thank you. [11:24] **Melissa Kenninger:** Thank you. Seeing no other comments, I will make a motion to close the public hearing. [11:36] **Commissioner Powell:** Second. [11:37] **Melissa Kenninger:** It has been moved by Commissioner Kenninger, seconded by Commissioner Powell to close the public hearing. All those in favor please say aye. (Group: Aye). Opposed? Public hearing is now closed. Is there any other final comments or questions before we move this item forward for a vote? [12:02] **Michael Reed:** Looks like a very beautiful patio. I'm a little jealous. [12:06] **Melissa Kenninger:** It does. Jealous is definitely a word that came to my mind too. It's very straightforward and well thought out and well presented, Julia. And then before we move to a vote, I will just mention that we are doing this as acting Planning Commission, does act as the Board of Appeals and Adjustments. So this item tonight will not move forward to City Council; our decision tonight will be final on this item. There is a 10-day appeal period of which anyone can appeal to City Hall if they would like to appeal our decision this evening. And so with that, I will make a motion by the Board of Appeals and Adjustments to adopt a resolution approving a variance from the R1 PUD low density residential planned unit development standard for the property at 13200 Alden Avenue located in the Bella Vista Third Edition subdivision. [12:43] **Commissioner Powell:** Second. [12:45] **Melissa Kenninger:** As moved by Commissioner Kenninger and seconded by Commissioner Powell. All those in favor please say aye. (Group: Aye). Opposed? Motion passes. Again, this is a final decision on this item tonight. Anyone wishing to appeal this decision may do so within the next 10 days to City Hall. That concludes our public hearing agenda this evening. Is there any new business? [13:08] **Adam Kienberger:** None. [13:09] **Melissa Kenninger:** Items for discussion this evening? I have just a couple that I will share. We do have a July 11th co-meeting with Council. So for those of you that are not able to make it, if you have not already let staff know that you cannot attend, if you could reach out and let Julia and Adam know that would be great. [13:30] **Michael Reed:** Quickly, so can you just remind me what we'll be covering in that meeting? [13:37] **Adam Kienberger:** Yes. Madam chair, Commissioner Reed, the Planning Commission and City Council are holding a joint work session on Tuesday July 11th starting at 5:00 PM to discuss policy direction on the zoning code update. It's a staff update as well as the city's consultant will be there to brief both the Council and Planning Commission on some initial changes that are being proposed as a part of that process. We're at a point in the research and study and some of the proposed changes that staff has been working with a consultant on that it seemed like a good time to check in with both groups to make sure that the changes that will be recommended are in alignment with the Commission and City Council. [14:26] **Michael Reed:** There are specific ordinances that will be—that have been under review. And if commissioners, for example, want to bring in ideas or for topics of discussion about ordinances, is that the appropriate forum for that too? [14:31] **Adam Kienberger:** Because it is a work session, we don't have the agenda exactly prescribed at this point, but it will be to touch on a number of buckets. So the entire zoning code is being analyzed by the city's consultant to take a look at it holistically. A couple of the big picture things that are being considered as a part of it are for both readability, consistency, as well as is it modern with a lot of the types of standards, lot dimensions, other very technical parking requirements—things that live within the city's zoning ordinance. Often there are topics of discussion here at these meetings with the Planning Commission; this is a potential good example. The variance that you guys just approved tonight from a lot coverage of 35 to 40 percent: is there a place within our code that makes sense to have a more uniform lot coverage? It's those types of things. So the consultant will present a number of those buckets in there and then if there are other things that the Commission or City Council would like to address or make known at that point in time, that would be a good time to have those discussions or at least bring up those topics for review or study by the consultant team. [15:26] **Michael Reed:** Very good. Thank you so much, I appreciate that. [15:30] **Melissa Kenninger:** Thank you. Any other questions on July 11th? Then our next three meetings we've got July 25th, August 22nd and September 26th. There are regular meetings and so if you cannot make any of those and have not already notified staff, if you can let Julia and Adam know that would be great. And then lastly, Adam did share with me before we started our meeting that tonight is Riley's last night. So Riley, we hear that you have a great new opportunity ahead of you. We wish you all the best. We've enjoyed having you with us at our meetings and helping us throughout the last few months and we wish you all the best in your new adventures. Any other discussion items? None. Okay, with that I will adjourn the meeting. Meeting adjourned. [16:58] [Music] [17:01] [Background noise]