Minutes - Planning Commission - 10/05/2006

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Citizen Input Ms. Carol Lublin, applicant, stated she was under the understanding that she would be giving up 10 feet of her property and that her setback would be reduced by an additional 10 feet, resulting in an additional 10 feet of developable property. Assistant Community Development Director Frolik explained the existing Conditional Use Permit includes a setback of 120 feet. All of the expansion plans submitted by Ms. Lublin show a 20-foot building setback from the 100-foot buffer line, which equates to the 120-foot setback in the Conditional Use Permit. The bottom line is this 120 foot setback is being reduced to 110 feet, which will replace the 10 feet of developable property lost in the land conveyance. Ms. Lublin questioned if she will actually gain any developable property with this amended Conditional Use Permit. Chairperson Nixt indicated the change on the north side of the property is net zero. Commissioner Brauer arrived at 7:24 p.m. Ms. Lublin explained she had an architectural group review her property; they had indicated the daycare and required parking would hardly fit in the amount of space allowed to build. She does not know when she will develop the property, but wants to be sure there is enough space. Chairperson Nixt asked if Ms. Lublin wants to be at the point where she is allowed to have her structure within 100 feet of the property line. Ms. Lublin replied that is not how she started this process; it was just a good will gesture for the possibility of her neighbors selling their property in the future. However, as time went on she began to think she would gain an extra 10 feet of developable property, which was fair in her mind. She does not know how the Abendroths feel about this, and does not know how it would affect the saleability of their house if the setback were reduced. Chairperson Nixt asked what the setback is in the original Conditional Use Permit. Assistant Community Development Director Frolik replied based on the site plan provided by Northern Counties Secretarial Services, the Conditional Use Permit allows them to expand to a total of 22,000 square feet. If and when they build out the 100 foot buffer represents the maximum they could go. Basically Ms. Lublin is asking to amend the 120-foot setback to a 100- foot setback. Chairperson Nixt suggested action be taken on the Conditional Use Permit amendment as it is presented in the staff report or that the item be tabled until the next meeting to allow the applicant to work with staff to determine the appropriate setback. He asked if the 100 foot plus 20 foot setback is only in place on the north portion of the property. Planning Commission/October 5, 2006 Page 3 of 20