Agenda - Planning Commission - 08/08/2005

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Mr. Deemer stated the uniqueness of this property is that he had sewer and water and was thrown into the moratorium, and could not do anything while paying for this sewer and water. Carrie Mahowald, 5541 145th Circle, stated her property is directly behind Mr. Deemer's property. They attended the meeting when Mr. Deemer applied for the variance, and she spoke then about setting the precedent. There are two lots on either side of Mr. Deemer, and if a variance is granted for Mr. Deemer it opens it up for those properties. She expressed concern about the buffer for single-family and multi-family properties. She stated her other concern is the traffic on CR 5. When she turns to go into 146th, people often pass her on the shoulder. If Mr. Deemer develops this and it is followed by the two properties on either side, there will be more traffic issues. Mayor Gamec indicated the ordinance should be followed in this situation, and it should not depreciate the value of Mr. Deemer's property. Mr. Deemer stated he was denied these rights earlier. He was the only property trying to apply with developable property and sewer and water available, and the moratorium created a hardship on him. [-te stated builders will not build on property they will not own; Until the codes were rearranged, he had the right to build 8 units and was not concerned. Community Development Director Trudgeon explained the maximum density would previously have been calculated at 7 units per acre. Motion by Councilmember Jeffrey, seconded by Councilmember Olson, to adopt Resolution #05-07~208 adopting Findings of Fact #0727 relating to a request from Mr. Ben Deemer for a v~]riancc in determining maximum allowable density on the Subject Property. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Jeffrey, Olson, Cook, Elvig, and ['earson. Voting No: None. Absent: Councilmember Strommen. Motion by Councilmember Jeffrey, seconded by Councilmember Olson, to deny the request for a variance in determining maximum allowable density on the Subject Property, based on the findings of fact, and adopt Resolution #05-07-209 denying the variance request. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Jeffrey, Olson, Cook, Elvig, and Pearson. Voting No: None. Absent: Councilmember Strommen. Councilmember Olson left the meeting at 8:57 p.m. Thc meeting was recessed at 8:57 p.m. and reconvened at 9:06 p.m. Case #6: Accept Plans and Specifications and Order Bids for Improvement Project #05-23 Ebony Street and Utility Improvements Assistant Public Works Director Olson reviewed that property owners petitioned the City in 2004 t'or the extension of sewer and water utilities along a segment of Ebony Street between City Council /July 12, 2005 Page 15 of 25 P55