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                                PIERRE CITY PLANNING COMMISSION MEETING
                                            COMMISSION ROOM
                                        Monday, April 28, 2008, 5:15 P.M.

Members present were Hal Rumpca, Dave Templeton, Norm Konechne and Stacy Bartlett.

Staff members present were Sharon Pruess, John Childs and Cindy Neumann.

Guests present: Gary Bren, Laura Clark and Don Specker.

Chairperson Mike Kelley called the meeting to order at 5:15 p.m. After review of the minutes,
suggested revisions were noted as follows: Templeton noted that the word “stated” at the beginning of
the third paragraph should be changed to “started”, and Bartlett noted that the discussion on the TIF
should clarify that the Reinke/Gray parcel would not receive any of the proceeds from the TIF.
Templeton made a motion seconded by Konechne to approve the minutes of the April 21, 2008 meeting
with revisions as noted above. Approval was unanimous. Motion carried.

First on the agenda was a Public Hearing – Request to rezone Lots 1-18, Block 45, Fifth Railway
Addition from the 2-Family Residential District to the Multiple-Family Residential District.
Petitioner- Gary Bren.
Gary Bren proposes to move “The Hut” to his property at 514 W. Capitol Avenue. “The Hut” was an
older single- family house adjacent to the First United Methodist Church that was pre viously used for
church programs. The church has had “The Hut” for sale and to be moved off the property. Gary Bren
proposes to move “The Hut” to his vacant property at 514 W. Capitol. This is the site of a large
residence that was divided into seven apartments, recently had a fire and was demolished. The property
at 514 W. Capitol is zoned 2-family and Bren proposes to rezone the whole Block to Multiple-Family
Residential so that he can move “The Hut” onto the lot and renovate it into 3 apartment units. The
current 2-Family zoning would only allow him to have 2 apartments. Bren wants to pour a basement
and have two one-bedroom units and one two-bedroom unit in the moved building. The rezoning is
subject to input from the adjacent property owners. A notice was printed in the paper and individual
notices were sent to 13 adjacent property owners. The Comprehensive Plan shows the projected land use
in this area as residential. The blocks to the east and southeast are zoned multiple family residential.

Gary Bren started my saying that the house will fit in with the neighborhood, he plans to install a new
sidewalk, and a partial basement. He noted that the parking previously accommodated 7 units and
should easily work for the 3 units. Pruess asked Bren if there would be an apartment on each of the
three levels and he said there would be two one-bedrooms on the main floor, and one two-bedroom unit
upstairs. There will be no units in the basement. Konechne asked if there were other rentals in the area.
Bren informed him that Norm Weaver had some rentals in the area, as well as Norm Neilan. Pruess said
that 12 of the 13 neighbors had signed off on a petition to rezone the block. One neighbor, Ted and
Wendy Backlund, had written a letter, which was reviewed by the Planning Commission. Pruess asked
Bren if he would like to address some of Backlund’s comments such as poor renters, speed in the alley,
domestic disputes, physical fighting and property damage from the previous 7-plex. Bren said that in
the past he had some bad tenants because he rented out several efficiency apartments. He said that he
will not have that same trouble as these new apartments are not efficiencies and he will only move the
better tenants from the old 7-plex into the 3-plex. Bren said this is a cleaner operation. Konechne made
a motion to recommend approval of the rezoning from 2-Family Residential to Multiple Family
Residential for Lots 1-18, Block 45, Fifth Railway Addition. Bartlett seconded the motion and there was
unanimous approval.

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4-28-08 City Planning Commission Minutes – Continued                                     DRAFT

Second on the agenda was a Preliminary Plat & P.U.D. Amendment for Lots 1-55, Riverview Village
Subdivision Park Addition. Petitioner- Georgetown Park Apartments/Laura Clark & Don Specker.
Pruess explained that Georgetown Park Apartments/Condominiums consists of 48 two-story units in
eight different buildings for lease or purchase in Northeast Pierre. In August of 2005 the City Planning
Commission and City Commission approved converting the apartment units to condominium units and
rezoning the units from Local Business to Multiple Family. This allowed the units to be purchased
individually and the land to remain in condominium association ownership. In 2005 single-stall
detached garages were added at the rear of each unit. The office build ing at 2500 E. Capitol Avenue
remains as commercial use. The garages that were added in 2005 are accessed through the existing
tenant parking lots or off Spruce Street. The 2005 request included a variance for the detached garages
in the rear yards of buildings 2, 3, 4, &5. The variance was for a 3’ setback from the rear lot line off
U.S. Hwy 14 Truck Bypass when 20’ is required. The property owners are now proposing to convert
the units from condominiums to townhouse units so that interested parties could purchase the lot and
unit rather than just the unit.

Pruess began by explaining that there were fire separation and utility issues associated with the
conversion. Laura Clark explained that they are completing fire separation in one unit and it has passed
inspections so far. Rumpca asked if there were any other situations similar to this conversion in town
and if the variance board has looked at this project. Pruess said that there has not been any similar
situation in the ten years she has been employed with the City. She went on to explain that the Planning
Commission worked with Georgetown Park Apartments in the past allowing three foot setbacks when
20 was required for some of the detached garages. Pruess noted that when townhomes are built today
they are required to have fire separation between the units and separate sewer and water services.
Bartlett asked if the current property owner would be responsible for the cost of converting the water
and sewer. Pruess said the City is reviewing the utility services and will determine what will be required
for the conversion. Clark explained that the units are separately metered and billed for electric service
but not for sewer or water. She said the townhouse association as proposed in the covenants would
collect a monthly fee that covers sewer, water, snow removal, lawn maintenance and liability insurance.
Pruess recommended no action on the request until the sewer and water issue could be reviewed.

Third on the agenda was the Public Hearing- Request for a conditional use permit to operate a
casino/sandwich shop in the Light Industrial District at 1003 E. Sioux Avenue. Petitioner- Mark
Wheelhouse. Mark Wheelhouse owns the small yellow building at the corner of Sioux Avenue and
Adams Avenue. The building previously housed Drag City and a Windshield Repair Business.
Wheelhouse is proposing to more than double the size of the building and to operate it as a
casino/sandwich shop. A retail or service business use in light industrial zoning requires a conditional
use permit. The building is on a corner lot that is 44’ by 132’. The existing building is 24’ X 34’ and a
32’ X 24’ addition is proposed. The required front setback for a light industrial building is 30’ and the
existing building setback from Sioux Avenue is 20’. The required corner setback for a light industrial
building is 30’ and the existing building is setback 5’ from Adams Avenue. The existing setbacks are
legally nonconforming. A small residence and Quality Body Shop are located to the east, the proposed
new CUC building will be located to the west and a 4-unit apartment building is located to the south.
Businesses require hard surfaced parking within one year of occupancy. Have discussed the need to
have additional hard surfaced parking within one year of occupancy. The CUC property and Anderson
Clothing was recently rezoned from Light Industrial to Local Business. This area will likely continue to
transition from light industrial to business use. The Board of Adjustment will need to review the request
for setback variances. Wheelhouse had advised that the small residence that he owns to the west of this
property would be removed this summer.

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4-28-08 City Planning Commission Minutes – Continued                                     DRAFT

Puress said that the City had no objections to using the facility as proposed within the current footprint
but if the building is to be added on to, consideration should be given to meeting the required setbacks.
Templeton wondered if Planning Commission shouldn’t wait for the BOA on setback issues. Bartlett
noted that Wheelhouse should comply with setbacks on major remodels. Motion to table by Templeton,
seconded by Bartlett. All voted in favor of the motion.

The last item on the agenda was a Public Hearing on the proposed planning and zoning ordinance
changes. Pruess reminded the commission that John Irvine had attended the last meeting and outlined
the proposed changes. She briefly reviewed the changes with the board members as follows:

    1.  increase the Board of Adjustment fee per meeting from $15.00 to $25.00;
    2.  increase the Planning Commission fee per meeting to $25.00;
    3.  limit residential driveways to 2 per lot, with a minimum of 20’ between driveways;
    4.  increase the street frontage on a zoning lot from 20’ to 40’;
    5.  require business buildings in the multiple family to meet the set-back regulations of the multiple
        family district;
    6. increase the front yard space encroachments for porches, decks and terraces;
    7. clarify the setbacks for detached garages off an alley;
    8. increase the allowable fence height in side street yards to 48” and allow an additional 2’ of open
        lattice or chain link;
    9. prevent retaining walls or their footings from encroaching on adjacent property;
    10. update the parking requirements to address day care facilities, add employee parking and loading
        zones for certain uses and to require parking for church multi-purpose areas;
    11. reduce the required lot area from 6,000 to 5,800 sq. ft. for blocks 64-90, 93-167, Wells Second
    12. require portable signs to only contain on-site advertising for the property upon which they are
    13. require political signs placed on same zoning lot to be placed 50’ from other signs with same
       political message or the same candidate’s names.

A public notice had been printed to advertise the proposed changes and no one appeared to make any
public comments. Bartlett made a motion to approve the ordinance changes as noted above. Templeton
seconded the motion and all members voted for the motion.

With no further business to address, Bartlett made a motion to adjourn the meeting and Templeton
seconded the motion. Meeting adjourned at 5:53 p.m.

Minutes by Cindy Neumann.

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