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HomeMy WebLinkAboutPC Min 1978-12-06 . . . MINUTES OF THE PLANNING COMMISSION MEETING OF DECENBER 6, 1978 THE PLANNING COMMISSION MET IN REGULAR SESSION ON WEDNESDAY, DECEMBER 6, 1978, IN THE COUNCIL ~ffiERS OF THE CITY ADNINISTRATION BUILDING, 211 8th STREET. THE MEETING WAS CALLED TO ORDER AT 7:30 P.M. BY CHAIR}~ RIPPERDAN AND THE PLEDGE TO THE FLAG WAS LED BY VICE CHAl&~ COVINGTON. PRESENT: ABSENT: Knapp, Leibert, Cook, Ripperdan, Covington None The minutes of November 15, 1978, were approved as corrected. I. NEW BUSINESS A. M. James Warnemuende, APPEAL A-1-78 Applicant appealed an earlier Planning Commission denial of a Variance for a fence in the front yard setback at 305 Clipper Way. The City Council referred the matter back to the Commission for a further report after their Public Hearing on November 1~, 1978. Secretary presented a Staff Report on the project including a summary of all facts and evidence presented to both Commission and Council. Knapp asked if the City Council was presented with new evidence not considered by the Commission. Secretary stated that no new evidence had been presented. Covington asked if any hardship, as defined by Code, has been shown. Secretary said that no hardship has been shown. Ripperdan asked about noise in the neighborhood. Secretary noted that all information shows that noise in the area is typical of a residential neighborhood. Covington asked about the street. Secretary stated that the street is a local residential street. The applicant, Mr. Warnemuende, presented a history of the fence. It was built in August without permits. When contacted by the Architectural Committee for the Tract, the fence was already in place. Further work to the fence included installing a gate, painting, brickwork and planting. The applicant stated he completed the fence in the interest of safety and appearance. Mr. Warnemuende then presented information on the effects of noise on health. The Commission asked about specific noise levels in the area that would constitute hardShip. No noise readings or other specific evidence has been collected by the applicant. Extensive discussion followed on noise and traffic. Ripperdan suggested that sound insulated glass on the windows coupled with an openable skylight on the roof could correct the applicants problem while meeting code. The Commission determined that no additional evidence had been presented to demonstrate specific hardship nor to show the subject property would not in fact, be receiving a benefit not enjoyed by others in the same area. Therefore, the property was not entitled to the granting of a Variance. Cook moved to report to the City Council that no additional evidence has been submitted that would demonstrate hardship. Therefore, the Commission would reaffirm its denial of the Variance and recommend to City Council that the appeal be denied. Seconded by Mr. Knapp and unanimously adopted. RESOLUTION 1177 '... ORAL COMMUNICATIONS There were no oral communications WRITTEN COMMUNICATIONS A letter from Mrs. Biedebach was included in the Commission's packet on CP-18-78 regarding property at 1702 Landing Avenue. Secretary commented on a number of subjects raised in the letter, specifically about apparent community acceptance of illegal conditions in neighborhoods. Excerpts of a presentation by Simon Eisner were read dealing 'with attitudes regarding Variances and exceptions that serve to the detriment of a community. Discussion of Code Enforcement followed with the Commission stating their position of supporting stronger Code Enforcement. REPORT FROM SECRETARY A. Architectural Review Committee Secretary gave a brief report on the concept of an Architectural Review Committee. A report will be presented to the City Council with recommendations that the subject be referred to the Planning Commission for study. It was recommended that the Commission conduct a workshop session on the matter at the December 20th meeting. . B. Alley Striping The Co~~ission asked for a report on the subject of alley striping. The Secretary stated that to his knowledge, the Council has been requested on separate occasions to institute a program of alley striping and active enforcement of parking violations in the alleys. The Commission asked that the matter be placed once again on the Council agenda as soon as possible. C. Upgrading of Non-Conforming Property Secretary outlined a requested proposed Ordinance that would permit, with Commission and Council approval, a one time permit procedure for the expansion of a non-conforming building during the life of the building. This matter to be discussed further at a future Commission meeting. The meeting was adjourned at 9:12 P.M. .