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already in existence and approved, and is being applied. Here it is a bit influx. They have both the <br />rezoning request and a site plan that are joined at the hip and going forward at the same time. In many <br />examples, you are dealing with a rezoning as a hypothetical entity before you get into applying the <br />standards on a development plan. In that case, you would be deferring to the Board of Zoning Appeals <br />for the variances from the code as it stands. Here, because the rezoning and the site plan are both <br />before the board at the same time, you are creating the standards that will be uniquely applied to this <br />property. As Mr. Conway pointed out, when this cluster zoning was developed some 10 years ago, it <br />was not contemplated that the regulations would be absolute. The guidelines are there, and unlike other <br />zoning provisions where you have to defer to the Board of Zoning Appeals, here it is within the scope <br />of the Planning Commission's power during this review to allow for some lesser setback for example, or <br />for some smaller floor plan, than the code outlines. He previously cominented on the subject of the <br />charter and the mandate under the charter. He does not want to make too much of that because the <br />Planning Commission has already commented favorably on this development. Nor does he want the <br />Planning Commission to disregard its mandate under the charter. Technically, the zoning proposal, the <br />zoning classification, and the site plan won't be deemed to have been approved by the Planning <br />Commission, or should not be. The master plan clearly indicates this was to be classified as a multiple- <br />residence zone. The charter indicates that they should not approve a zoning classification contrary to <br />the master plan. He doesn't want to make too much of that because adherence to the master plan and <br />trying to work in conformity with it shades between a multiple district and a cluster zone. This is not <br />that far removed and, in fact, it is less dense than a multiple-residence district. In some sense, their <br />favorable comments, and to the extent that they recommend approval of some of these variances from <br />the code, are not inconsistent with your obligations under the charter. But as a whole, the zoning <br />classification of single-family cluster is contrary to the master plan. Mr. Spalding asked Mr. O'Malley <br />if it is his feeling that in the declaration of the homeowner's association there should be some mention <br />of the snow removal, and trash removal, to protect the homeowners or to provide them with that <br />information. Mr. O'Malley replied that is his recommendation. Mr. Koeth asked Mr. Spalding if that is <br />part of his association agreement since he lives in a cluster development. Mr. Spalding said they have <br />private rubbish collection at the curb and they contract for snow removal. He said one major problem <br />they have is the sprinkler system because it was put in at different stages of the development and it does <br />not work properly. It could be a problem with this development. Mr. O'Malley said he would assume, <br />and the engineer would know better, that with things like underground utilities, electric, sanitary sewer, <br />roadways, etc., that it is all laid out and inspected and approved before the first model goes up, but the <br />sprinkler might be an after-the-fact, site-by-site installation. Mr. Spalding explained that is what <br />happened with this development. He asked what control the city has over sprinkler issues. Mr. <br />Conway said there is nothing requiring it in the code. He said the proposed site will be a little more <br />open to having those kinds of things done all at one time. The development Mr. Spalding lives in faced <br />a lot of difficulty especially with the golf course and doing things in stages. Mr. Griffith added that <br />from an engineering standpoint, they are just interested in the fact that whatever they do, they don't <br />destroy the drainage concept. The water should flow the way it's supposed to flow. Mr. Griffith <br />pointed out he may have given the wrong figure earlier for the face of curb. He may have said 22 feet, <br />when in fact it is 24 feet. Mr. Spalding asked N1r. Conway about the front setback from the street and <br />the figure of 4 feet. Mr. Conway said that is not a front setback. It is a setback related to the structure <br />in relation to the roads. He said it could be side or rear. The closest point they found in the back is 4 <br />feet. There is nothing narrower than 4 feet. Mr. Spalding commented on the driveway aprons and said <br />it looks like the maximum is 5 feet. He asked if there is any requirement for a single-family structure <br />that there be a 5 foot apron or anything. Mr. Conway indicated that is left to the expertise of the <br />engineering department. Mr. Spalding asked what the city's position is on a typical apron for a single- <br />family home. He said in looking at the drawing, he sees 5 feet as maximum between the garage and the <br />street. He confirmed he is speaking of the depth. Mr. Griffith indicated there are no requirements. Mr. <br />O'Malley said he believes Mr. Spalding received his answer from Mr. Conway. The distance from the <br />4