Minutes - Council - 05/27/2008 - Board of Appeals

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Chair Dehen asked if Mr. Lee would be agreeable to closing the 167th Avenue access if his request is approved. Mr. Lee stated that he would be agreeable to that and stated that he could read his letter explaining the situation, so it is entered into the record. Public Works Director Olson stated that his letter has already been included in the packet, so it is on record. Councilmember Olson asked if Mr. Lee planned to continue to use his existing garage to park his vehicles. Mr. Lee stated that he did plan to use his garage and to close the 167th Avenue access and put up fencing but hasn't decided it if will be wood or chain link. Management Intern Gladhill stated that the fence that was approved by staff is a wood privacy fence. Mayor Gamec stated that he didn't want to get into another situation similar to the one with Bauer. Public Works Director Olson stated that he understands the reluctance to get into a situation similar to the one with Greg Bauer, but the difference here is that this is an MSA route with high- speed traffic and higher volumes. He stated that there would be a benefit in consolidated access to Garnet Street. He stated that if there was a petition for improvement, it could be done with one other property owner and could be assessed 100%. Councilmember Olson stated that she didn't see how this situation is any different than the neighbor directly across Garnet Street. Community Development Director Miller stated that this driveway was constructed without permission from the City and without a permit. She stated that another concern is that if the new driveway onto Garnet is allowed, and the street ever goes through, the driveway would be very close to the intersection, which would cause problems. She stated that the driveway can't be moved closer to his home because then he wouldn't be able to make the turn into his garage. Councilmember Look stated that he doesn't see this as a change for convenience, but of safety, for Mr. Lee's children. He stated that the unapproved driveway of the neighbors seems to be working and feels consolidation is reasonable, in this case. He stated that he doesn't think this would be creating a policy because the requests can be reviewed on a case-by-case basis. Councilmember Olson asked if the City had given permission for the pole barn in the rear of the property. Board of Appeals / May 27, 2008 Page 40f8