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Planning Commission Meeting Minutes Page 2 July 25, 1995 • do not meet the minimum requirements of 10,000 square feet in size and 80 feet of frontage. Gary explained that the majority of the parcels in the Westwood Subdivision measure 75' wide by 120' - 140' in depth. The applicant can show a hardship due to the fact that he was assessed by the City for two separate parcels. Also, the lot size and width would not be out of character within the Westwood Subdivision. Gary noted that a lot area and lot width variance similar to this request was approved last year. Terry Maurer explained the assessment was based on front footage. The applicant was assessed for 150 feet, based on the fact that there were potentially two buildable lots. Chair Kuester opened the public hearing. There being no comments from the public, Chair Kuester closed the public hearing. COMMISSION TACHENY MOVED THE PLANNING COMMISSION RECOMMEND APPROVAL OF THE VARIANCE REQUEST BY DANIEL AND FAITH HANSON, PUBLIC HEARING CASE NO. V 95-6, BASED ON THE FACT THERE WAS NOT OPPOSITION DURING THE PUBLIC HEARING AND, BASED ON THE FOLLOWING FINDINGS: 1. SEVERAL OF THE PARCELS IN THE WESTWOOD SUBDIVISION ARE 75' X 120'; THEREFORE, THIS REQUEST WOULD BE CONSISTENT WITH THIS SUBDIVISION AND NOT BE OUT OF CHARACTER WITH THE SURROUNDING AREA. 2. THE APPLICANT CAN SHOW HARDSHIP IN THE FACT THAT THIS PARCEL WAS • ASSESSED AS TWO LOTS BY THE CITY WHEN CITY SEWER AND WATER WAS EXTENDED PAST THE PROPERTY. 3. THE VARIANCE WOULD NOT BE INJURIOUS OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OR NEIGHBORS AND IS IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER SULLIVAN SECONDED THE MOTION. THE MOTION CARRIED 6-0. 52. Dan Smith/Perkins Restaurant Request for a Conditional Use Permit, Public Hearing Case No. CU 95-15 Dan Smith requests a conditional use permit for site plan review to construct a 4,415 square foot Perkins Family Restaurant & Bakery within the Elk River Retail Center Planned Unit Development. The restaurant is to be located in the northeast corner of Elk Hills Drive and U.S. Highway 169. Staff report by Steve Ach. Steve reviewed information presented in his report to the Planning Commission regarding the site plan, drainage and utilities, parking, landscaping, and architecture. Steve suggested consideration be given to the color scheme, flag pole height and hours of operation. Steve noted that a 70' flag pole is proposed, and would be higher than other flag poles, signs and structures along Highway 169. Daniel Smith, applicant, stated the additional landscaping on the Dodge Street side and around the refuse collection site was not a problem. He added that the berm was proposed to be 2-1/2 feet. Mr. Smith requested approval for a 70 foot