Minutes - Planning Commission - 09/16/2004 - Special Meeting

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Associate Planner Wald indicated there are no easements currently to cover the ponding that is occurring now, and there will be some additional ponding with the new addition. She stated they need to address this on both the applicant's property and the neighboring property. Chairperson Nixt asked if it needs to be a condition of granting the request that those easements are provided. Associate Planner Wald stated she is not sure they can make it a condition since the neighboring property contributes to the ponding situation. Chairperson Nixt asked if calculations have been done so Staff knows that the property is not exceeding the limits on their own property. He indicated he does not have a problem with the improvement, but thinks it should be conditioned on the City getting easements on both properties. He stated he thinks there is a case for getting the easements because of the current use, and that this should be taken care of before City Council approval is given. Commissioner Brauer asked if Staff or the applicant has any idea how easy it will be to get the easement from the adjoining property owner. Associate Planner Wald stated Staff has not initiated any discussions with the adjacent business owner. Chairperson Nixt indicated he does not think they can allow the addition without gaining the easements, or at least receiving cross -easement agreements. Associate Planner Wald agreed it could be done with a cross -easement, but Staff thinks it would be better for the City to have a drainage easement. Chairperson Nixt stated he thinks there are legal issues that need to be resolved, and if they cannot, the alternative is to require separate ponding be constructed to accommodate the run-off. Commissioner Van Scoy asked if there would be a timing issue for the applicant. Associate Planner Wald stated there is a timing issue. She indicated Staff needs to get the appropriate drainage plan, and then will draw up the easement paperwork fairly quickly. Chairperson Nixt indicated he would recommend approval be contingent on getting the appropriate easements or as an alternative submit a revised grading and drainage plan that covers the issue. Chairperson Nixt indicated if the applicant gives the appropriate easement that is only half the issue, so if the applicant does not have an alternative on -site plan it leaves Staff with few options for enforcement. He stated he will differ to the City Council and the City Attorney, but between now and the time it goes to City Council the applicant and Staff should come up with a solution to the entire problem. Planning Commission/September 16, 2004 Page 5 of 8