09-20-2004 CC MIN - Laserfiche WebLink

Home Browse Search

City Council Minutes September 20, 2004 Page 5 ----------~------------------ Dana Anderson, Planning Commissioner-Stated that he thought the process of bringing the administrative subdivision to Council before the variance was approved by the Board of Adjustments was a backward process. He felt the item should have gone to the Board first. He stated that the Board would feel negative pressure as the administrative subdivision was already approved at the Council level. Mayor Klinzing stated that the applicant is asking the Council to look at the administrative subdivision request and the Council must review it by a certain statutory timeframe. She stated the applicant understands that the variance may not pass and that the property will subsequently not meet the conditions of the administrative subdivision request; therefore the property would remain as one whole parcel. She further stated there is no variance request until the administrative subdivision is approved. Councilmember Morin questioned whether the city has ever approved a non-conforming lot split in tbe past. Ms. McPherson stated yes and further stated that when approving an administrative subdivision the Council can grant variances for subdivision standards but not for zoning requixement standards. Mayor Klinzing stated the city could approve any administrative subdivision of land an owner may request whether it is buildable. She stated the approval of the request does not automatically mean the lot is buildable. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER KUESTER TO APPROVE AN ADMINISTRATIVE SUBDMSION TO JOHN PLAISTED BASED ON THE FOLLOWING CONDITIONS: 1) IN GRANTING THE SUBDIVISION, THE CITY ACKNOWLEDGES THAT THE LOT WIDTH REQUIREMENT OF THE RIC DISTRICT WILL NOT BE MET BY ONE LOT. A VARIANCE WILL BE REQUIRED TO BUILD ON THE SMALLER LOT, WHICH VARIANCE SHALL BE TO SMALLEST EXTENT POSSIBLE. 2) PARK DEDICATION SHALL BE PAID FOR ONE LOT. 3) SURFACE WATER MANAGEMENT FEES SHALL BE PAID FOR ONE LOT. 4) THE RETAINING WALL SHALL MEET THE SETBACK FROM LAKE ORONO. MOTION CARRIED 5-0. 6.7. Request by Vanman Architects & Builders for Conditional Use Permit for Expansion to Existing Building Public Hearing:- Case No. CU 04-22 Senior Planner Scott Harlicker submitted the staff report. Mr. Harlicker stated the applicant is requesting a conditional use permit to construct a storage building. He discussed setbacks, building elevations, grading, drainage, and the Planning Commission's recommendation.