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Councilmember Hendriksen stated that the code should not be discriminating for the person who works in the garage or at their kitchen table, but if there is excessive traffic caused by the business, then it would be a different situation. Community Development Director Frolik noted that in regard to accessory structures, the City receives several variance requests to construct a garage closer to the front property line than the home. The Building Official has suggested that if the garage still maintains the minimum 40- foot setback, no variance would be necessary. The Committee agreed with the recommendation of the Building Official, but not allowing a garage to be constructed directly in front of the home. Councilmember Hendriksen stated that section 9.11.18 exists because the City had a lot of problems with a developer going through the sketch plan process and indicating that they needed to move sand from the site because of the grade and then the developer would sell the sand and walk away. Hoisington Koegler Consultant Gordon suggested tighter standards for section 9.11.19. The Committee agreed. Hoisington Koegler Consultant Gordon presented the Committee with example bufferyard standards that may be applied in the transition area between an existing development and a new higher density development. Councilmember Hendriksen stated that the City has not had a good history with screening because they would plant small pine trees on the top of a sandy berm and within a year or two most of the pine trees have died. If there is a way to insure that the vegetative buffering will survive and be maintained, then he feels the buffering would be an adequate approach. Commissioner Dempsey questioned if the City allows buffering zones to replace the transition area, would it be in disagreement with the Charter Amendment. He also stated that ownership of the bufferyard needs to be addressed. Councilmember Hendriksen replied that the transition area could include buffering, streets, rivers, highways, or park land. As it relates to who would own the buffer area, the City could place covenants on the property requiring that the area be maintained in a certain way. He stated that the Charter Amendment prescribes the immediate adjoining use, but gives latitude in the graduated density area. The Committee discussed at length the intent of the Charter Amendment as it pertains to the density transition area. Chapter 9 Committee/August 24, 2000 Page 3 of 4