05/12/1998 Minutes - Laserfiche WebLink

Home Browse Search

vi 11 Mr. Conway restated that was not developed under the cluster home district but rather uuder mixed use which did not have the same requirements. Mr. Grrindell agreed to incorporate parking in the green spaces if necessary to accommodate this additional parking, but he did not believe it would be necessary. Mr. Conway noted there are provisions for landbankiug, but it has never been applied to this type of use. Mr. Brennan advised it has never been the plauviug commissions position to deviate from code requirements. He had concems about the setbacks and unit sizes. Mr. Grindell advised that is an engineering issue, therefore he would have to confer with Mr. Zwick. He questioned if the commission would like to table this until later in the meeting. Mr. Brennan did not believe all these issues could be resolved this evening as there is only one more item on the agenda. Assistant Law Director Dubelko explained the scope of planuing commission authority u.nder 1136.13 of the zoning code which outliues plawiing commission duty to ma.ke a"Report to Council." Mr. Dubelko quoted the following from this section: If in any such evaluation, the Gommission finds that any regulations, standards or criteria prescribed by this Zoning Code are inapplicable because of unusual conditions of the development area or the nature and quality of the proposed design, it may recommend to Council that an adjustment in such regulations, standards or criteria be made, provided, however, such adjustment will not be in conflict with the promotion of the public health, safety, and general welfare of the City. He clarified this is a bit different than a typical proposal as the commission is making a report to council, and planning commission can make a recommendation that council vary some of the regulations that are otherwise applicable in single family cluster and then council upon looking at it can approve those variations from the strict requirements. Mr. Brennan opened up discussion for audience participation and several residents on Peppermill Court expressed concerns including: Mr. Griesser; Mrs. Fanell; Mr. Morgan; Mr. Stracken; aud Mrs. Morgan. The concerns expressed by the residents included: how the drainage will be accomplished; how the trees and landscaping in the area would be effected; setbacks between Cinnamon Woods South and Cinnamon Woods; and the clistance between units. Mr. Griesser presented a copy of the original plat plan for Peppermill which shows that the trees indicated are to remaiu in their natural state. Mr. Crriesser believed trees would,:,have to be removed to accomplish the drainage for Cinnamon Woods South and he did not want to see any trees removed from the properties along Peppermill. Mr. Grrindell advised they do not have any legal right to move any trees north of the property line with the exception of the area arou.nd the sewer area. Mr. Zwick stated the plan Mr. Griesser has presented was a construction drawing from Peppermill. He noted it is a four inch pipe, which is small because the city requires storm water detention. Mr. Zwick elaborated any water for Cinnamon Woods South will be contained entirely on the new site and a small pipe will restrict it. He explained they will accomplish installation of the proposed drainage with a minimal removal of trees. Mr. Griesser questioned the distance between units and the setbacks from the property line. Mr. Grrindell estimated a distance of fifteen feet between units. He noted most of the homes will be setback fifty feet from the property line with the exception of two units on the north west corner of the proposed development, which are almost right on the properiy. Mr. Grindell elaborated these two u.nits were aligned in this mauner to create a relationship between Cinnamon Woods and Cinnamon Woods South. Mr. Conway explained there is a requirement between boundary lines of 25 feet if this is a d.ifferent development but noted as the Assistant Law Director stated there is some latitude provided in the zoning code. Mr. Grindell advised under the condominium document they could redraw the bou.ndary line so that the three properties directly to the north of those two properties are included as a part of Cinnamon Woods South project. Mr. Conway noted if the current lot line is followed there will be a problem with the rear of the structure. Mr. Grindell agreed. Ms. Farrell had concems that the older trees will be inadvertently damaged du.ring 5