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?j ' i:rN, PLANNING COMMISSION DECIIMBER 9, 1986 PAGE 4 the south line of their parking lot and a board on board fence along the property line from the b uilding concealing the trash container and continuing to the rear corner of the Halleen building with the under- standing that until such time that Kenny King has met the requirement, screening the headlights using this buffer system, that a conditional occupancy permit be issued and two weeks after the conditional occupancy we want the Building Department to evaluate if the buffer is screening th.e headlights and if this screening does not work the method of screen- ing has to be changed and ttie new method of screening be presented to us after the conditional permit is issued. Commission discussed this motion. Mr. Gorris wants it clarified in the minutes that it is the Commissions understanding that this screening as proposed by the devel- oper along the southern property line and along the eastern property line will completely shield the people to the south, the people to the east, and the people to the southeast from the lights. It was also clarified that the screening must be installed before the conditional occupancy is issued and then there is a two week period in which to evaluate it. Mr. Campbell and Mr. Salisbury explained that they want tentative approval of this plan as submitted and a conditional occupancy based on this plan with the condition that when the weather permits they will install the landscaping. Mr. Dubelko stated that the neighbors would have no protection from the lights at all until some time in the future when the landscaping will be installed and questioned just when it could be installed. Councilman Wilamosky sR`ated that the Commission has extended a considerab le amount of latitude to the developer and suggested that possibly the Commission should withdraw the proposal and indicate to . these gentlemen that before an occupancy . is issued that they comply with the standards that are set forth by the Commission and the City Council. Mr. Campbell stated that perhaps they should just put a fence up on the mound and put in landscaping on their side of the fence when the weather permits. Mr. Burns questioned if the landscaping, in other . cases, did not have to be put in before occupanc_y was granted. Mr. Dubelko stated that the landscaping must be installed prior to granting any occupancy. The motion was then seconded by Mr. Morgan and it was approved unanimously. Regarding Planning Commission`s request for a.charter amendment which would require councilmatic review of all variances granted, Mr. Dubelko advised that the*Law Department has some problems with the proposal. Since the Board of Zoning Appeals' hearings are considered quasi-judicial hearings, they are final decisions and the applicant or any affected property owner has the right to appeal their decisions through the court systemt Hadin,g Council review these decisions would be depriving the applicant or affected persons this right of appeal ancL could also be politizing these decisions. The charter could be so -amended, but the Law Department believes that it could have harmful effects. Commission discussed the issues and decided that they would still like to forward this on to Council without making any recommendations in order to make Council aware of the Planning Commission's feelings. T. Morgan moved to forward the proposed charter amendment to the Council, seconded by B. Gorris. Roll call on motion: Morgan, Gorris, Bierman, and Brown, yes. Mr. Burns, no.