06/06/2002 - Laserfiche WebLink

Home

The public hearing closed at 7:28 p.m. Board Business Chairperson Nixt called the Board of Adjustment meeting back to order at 7:28 p.m. Chairperson Nixt clarified whether the Council had imposed a tree preservation moratorium directly related to this plat. He also inquired whether a timeline was given. Principal Planner Trudgeon explained it was intended to halt tree removal until an ordinance was in place, but not specifically tied to this plat. He said the timeline mentioned was December, but he said he was sure everyone involved would want to move quicker. Mr. McDilda stated he was part of the task force, and said the Mayor had mentioned he would like a tree ordinance within the next 3 months. Mr. Black stated he was concerned this moratorium could go on for some time. He said he objected to this at the Council meeting. He stated it is an undue restriction, considering the plat approval has already been granted. He explained he had indicated in their plans that they would need to clear trees for utilities and roads, and would sell the lots as custom lots. The lots would be wooded, with the intent that the owner would decide which trees to remove. He asked that the Commission stay focused on this and apply the criteria to consider a variance in this circumstance. He also asked that action be taken at this meeting. Chairperson Nixt asked what Mr. Black's plan of action is if the variance is granted. Mr. Black answered the Commission would only be recognizing the variance, but not giving him permission to do any construction. That permission must be granted from the Council. Chairperson Nixt said the clarification should be added that the cul-de-sac will be 840 feet from 145th and Junkite. Motion by Chairperson Nixt, seconded by Board Member Kociscak, to adopt Resolution #02-06- 130 adopting Findings of Fact, favorable to the applicant, relating to a request from Royal Oaks Realty, Inc. for a variance to the maximum length of a cul-de-sac. Motion carried. Voting Yes: Chairperson Nixt, Board Members Kociscak, Brauer, and Reeve. Voting No: None. Absent: Board Members Johnson, Sweet, and Watson. Motion by Chairperson Nixt, seconded by Board Member Kociscak to approve Royal Oaks Realty's request for a variance with Item #2 modified to state that the cul-de-sac length shall not exceed 840' as measured from the intersection of Junkite and 145th Court and adopt Resolution #02-06-131 declaring terms of the same. Board of Adjustment/June 6, 2002 Page 4 of 15