05-23-1989 PC MIN - Laserfiche WebLink

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. . . Page 4 Planning Commission Minutes May 23, 1989 Commissioner Kimball felt after discussing this issue in depth we would be setting a precedent, if we approved this request. Commissioner Johnson was in agreement and felt that economic hardship is not a reason for approving a variance. COMMISSIONER MORTON MOVED TO RECOMMEND TO THE CITY COUNCIL DENIAL OF THE VARIANCE REQUEST BY TIM SMITH BASED UPON THE FOLLOWING FINDINGS OF FACT: 1. THIS WOULD NOT CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT WOULD STILL HAVE THE PROPERTY AND CAN SUBDIVIDE THE PROPERTY INTO MORE THAN ONE ONE LOT OFF OF COUNTRY ROAD 35. 2. THAT THE OTHER PROPERTY IN THE AREA IS ALSO SUBJECT TO THE 160 FT. FRONTAGE. 3. THAT THERE IS CIRCUMSTANCES ACTION. A IS HARDSHIP CAUSED BY SPECIAL CONDITIONS AND NOT A CONSEQUENCE OF THE PETITIONERS OWN NOT WHICH 4. THAT THE VARIANCE WOULD NOT BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMI SSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. 7. Preliminary Plat Review/Chris Bu1ow/P.H. Chairman Kimball left the table at this time because he felt this was a conflict of interest as he knows Chris Bulow personally and lives close to the proposed plat. Vice Chairman Morton took over the meeting at this time. Vice Chairman Morton opened the public hearing. Building and Zoning Administrator, Steve Rohlf, explained that the applicant had submitted a new drainage plan. He indicated the reason there is a holding pond created on this site is because there is no positive outlot to 190th Avenue. Legally there is no place for the water to run. Therefore the applicants had to address the increase in drainage. Staff feels the drainage plan adequately addresses the drainage. Vice Chairman Morton closed the public hearing. Steve Rohlf reviewed The Commission was necessary. the three considerations as outlined in his memo. in agreement with staff that they were not Chris Bulow indicated that he was in agreement with the conditions and stipulations as outlined in staff's memo. COMMISSIONER SCHROEDER MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF OF THE PRELIMINARY PLAT OF "OAK HOLLOW" BY CHRIS BULOW WITH THE TWELVE STIPULATIONS AS OUTLINED IN STAFF' MEMO DATED MAY 18, 1989. ALSO THAT THE THREE CONSIDERATIONS IN STAFF'S MEMO WERE CONSIDERED AND IT WAS DECIDED THAT THEY WERE NOT NECESSARY. COMMISSIONER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED 6-0.