HomeMy WebLinkAboutPC Min 1978-12-06
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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.
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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.
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