EVANSTON — A public hearing for call-up and review of a conditional use permit took up the majority of time at the Evanston City Council meeting on Tuesday, Nov. 7. At a meeting in October, the council had voted to call up and review Todd Osterling’s applications for a conditional use permit to allow a detached accessory building at 1600 W. Center St. Osterling’s application had earlier been denied by the Evanston Planning and Zoning Commission.

City Attorney Mark Harris opened the public hearing by citing the rules and procedures for testifying. He asked Evanston Senior Planner DuWayne Jacobsen to review Osterling’s application for the council.

“Osterling’s property is on the corner of 16th Street and Center, and he is requesting permission to build a 14-foot by 30-foot garage on the property,” Jacobsen said. “If he does, this will exceed the maximum requirement of 60% footprint total with the house and all accessory buildings. With the shed that is on the property now and a garage, the footprint will be 75% of the property.”

Jacobsen said a public hearing for Osterling’s application had been set for July 10, but he had received a call from one of Osterling’s neighbors saying a shed had been moved onto Osterling’s property. Osterling had not received a permit for the shed, and its location did not meet the setback requirements.

Planning and Zoning then postponed the public hearing to review Osterling’s application until Sept. 11, to give him time to remove the shed and make the improvements to his home he needed to make in order to bring his wife home from a nursing care facility.

“However, when Osterling did not attend the hearing on Sept. 11, and the shed had not been moved, Planning and Zoning denied his application,” Jacobsen said.

Osterling then testified that he had to bring the shed in in order to move things out of his house to make accommodations for his wife, who had suffered a stroke. He said having a garage would allow him to clean up his property and move the shed.

“I actually have a lot and a half on the property,” Osterling said. “The garage would be on the extra half lot. I need a garage to take her in and out of the car safely; I don’t know if I will ever be able to bring her home. The house belongs to my boys. The biggest complaint from my neighbors is the shed, and I need it until I can build a garage.”

Jacobsen was asked by the council what violations Osterling had committed. Jacobsen said the only violation was the shed had not been moved off the property as requested, and the commission had put a hold on issuing a citation until the matter had been addressed by the city council.

Planning and Zoning chair Maryl Thompson then asked to speak and was sworn in.

“I am speaking personally now,” Thompson said. “Osterling’s property is always a disaster. Why doesn’t he rent a storage unit for all of his belongings? If you think he is going to clean up his lot, even if he does get a garage, you are mistaken. The planning and zoning commission gave him two months to clean it up and move his shed and he didn’t even bother to show up for the meeting. He had moved that shed onto the property just two weeks before the meeting in July. My main question is: ‘Why doesn’t he rent a storage shed if he wants to bring his wife home?’”

Harris then suggested to the council that, if they decided to approve the conditional use permit for the garage, they add conditions and a time frame for the removal of the shed after completion of construction of the garage. He recommended the council place an expiration date on the permit and issue a citation if the requirements are not met.

After some discussion between councilmembers, a motion was made by Tim Lynch and seconded by Mike Sellers to approve the conditional use permit for the construction of the garage with the condition the shed comes in compliance with a permit and setback or is removed. All conditions must be met by July 31, 2024.

Councilmembers Lynch, Jesse Lind, Mike Sellers and Mayor Williams voted to approve the motion. Councilmember Evan Perkes, who said he wanted the shed to come into compliance before the council approved the conditional use permit for the garage, voted in opposition. Councilmember Jen Hegeman also voted in opposition. Councilmember David Welling had an excused absence.

The conditional use permit requested by Todd Osterling was approved.

Other business included addressing three resolutions and a board appointment.

The council approved the final plat for the Saabedra addition (Resolution 23-74) addressed by Jacobsen. He said the owners want to combine two lots and build a single-family home.

The Urban Renewal Agency (Resolution 23-75) asked the council to approve the proposed subdivision titled the Evanston Hotel Addition, presented by Jacobsen.

“The addition is between the Evanston Hotel and the building next to it, owned now by Joe Westerman. They will close the access into the hotel and will use it for the entrance into his new business. It is in an established business district.”

The council approved the subdivision. Hegeman, one of Westerman’s business partners, recused herself from the vote.

The council then approved a final resolution to authorize Amendment No. 1 to the transportation alternatives program subrecipient agreement between the Wyoming Department of Transportation (WYDOT) and the City of Evanston for the Evanston Roundhouse Trailhead access improvement project.

Evanston Director of Engineering and Planning Dean Barker said, “The federal grant with WYDOT was approved but the completion date was hung up due to some complications. Construction on the trailhead will now begin in the spring of 2024.”

Evanston Community Development Director Rocco O’Neill was appointed to the Purple Sage Golf Course advisory board with a term ending Jan. 1, 2026.