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MINUTES
DEVELOPMENT COMMITTEE
August 8, 2022 7:00 P.M.
1. Call to Order, Roll Call, and Establishment of a Quorum.
Tom Dabareiner called the meeting to order at 7:00 p.m.
Roll call found Aldermen James Beifuss, Melissa Birch Ferguson, Christine Dettmann,
Matthew Garling, Jayme Sheahan and Rebecca Stout present.
Also in attendance was Community Development Director, Tom Dabareiner.
2. Approval of Minutes.
A. May 9, 2022.
Alderman Sheahan moved and Alderman Dettman seconded a motion to approve
the minutes with changes. Voting Aye: Aldermen Beifuss, Birch Ferguson,
Dettmann, Garling, Sheahan and Stout.
3. Public Participation. None.
4. Items for Consent.
A. Zoning Text Amendments — Staff is proposing a number of clarifications and
corrections to the Zoning Ordinance. There are no new regulations contained in this set
of text amendments. Plan Commission voted unanimously in favor of the amendments.
Alderman Garling requested this Item be removed for further discussion.
Tom Dabareiner provided a staff update. He explained there are no new regulations.
Rather, the changes proposed come from frequent questions staff receives. The first
part attempts to clear up the confusion regarding fences and site triangles, while the
second part attempts to clarify the requirements for driveway expansions.
Alderman Garling asked for clarification about the text for new driveways whereby
they shall lead directly from a street/alleyway to the entrance of a garage and whereby
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no portion of any driveway may be located in front of a non-garage portion of the
residence. He wondered about the instances around town where driveways lead to
carports and not garages and other properties with circular driveways. Mr. Dabareiner
pointed out they are not enforcing legal, nonconforming situations such that people
would need to change their driveways or garages. He indicated that if you build a new
home today, the City would require a garage. Carports and circular driveways have
been prohibited for a while and no new ones are allowed. The new text amendments
intend to clarify the existing regulations about brand new driveways or when modifying
an existing driveway for purposes such as widening or upgrading from gravel to a hard
surface.
Alderman Sheahan expressed concern about properties that do not have garages, and
yet have driveways that go from the street to the back of the property. She asked if
those owners would be allowed to change from asphalt to concrete, given that these
types of driveways do not lead to a garage. Mr. Dabareiner assured her that existing
legal nonconforming driveways like these would not be asked to make this change.
Alderman Sheahan asked if this language could be added, as she would not be
comfortable voting for this if the text amendment changes do not state this. Mr.
Dabareiner pointed out that the language regarding legal, nonconforming situations is
in a different section of the ordinance, which is not being changed at this time.
Alderman Beifuss stated these changes appear to have been written for the instances of
where driveways are located in the front of the house. Alderman Birch Ferguson then
read aloud proposed Section 3.8 to clarify the matter of existing driveways that shall
be deemed legal nonconforming. Discussion followed among the Aldermen and Mr.
Dabareiner.
Alderman Beifuss shared history of back when people were paving too much of their
yards. While at that time they considered different geometries, it was decided instead
to impose lot coverage restraints. He asked whether the geometries of the driveways
are again being considered. Mr. Dabareiner replied that they are not going to enforce
anything that is legal nonconforming. Staff has worked to make the requirements clear
for the thickness of the materials used to construct driveways. Discussion followed
regarding residences with driveways located in an interior side yard with no garage and
garages converted to living space.
Alderman Garling asked about the significance of December 20, 2021, mentioned in
the proposed Text Amendment language of Section 3.(A)8. Mr. Dabareiner replied he
was unsure and that he would find out.
Alderman Sheahan asked why the change in fence height from four to three feet.
Alderman Stout stated this only applies to the visibility triangle, which usually happens
at corners to ensure there is a clear site line. Alderman Beifuss asked about the
definition of a visibility triangle vis-a-vis this ordinance. Mr. Dabareiner agreed to
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provide more clarification on this Section, 2.c. Discussion followed regarding chain-
link fences.
Alderman Birch Ferguson moved, and Alderman Beifuss seconded a motion to
request that staff further clarify the two sections of the proposed Zoning Text
Amendments. The motion was approved unanimously by voice vote.
5. Items for Discussion. None.
6. Unfinished Business. None.
7. New Business. None.
8. Reports from Staff. None.
9. Adjournment.
Alderman Birch Ferguson moved, and Alderman Sheahan seconded the motion
to adjourn the Development Committee meeting at 8:18 p.m. The motion was
approved unanimously by voice vote.
Respectfully submitted,
Jane Burke
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August 8, 2022
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