Minutes - Planning Commission - 10/05/2006

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Assistant Community Development Director Frolik replied the setback is on the north and east property lines. Chairperson Nixt indicated if the setback is reduced on the north it would not be necessary to deviate from the existing 120- foot setback on the remainder of the property where there has not been a change. Ms. Lublin stated she is not asking for a change where adjoining properties are not affected. Commissioner Trites Rolle suggested Ms. Lublin and the Abendroths may need to speak with each other and staff. Mr. Louis Abendroth, 15810 Sodium Street NW, stated he and his wife are the property owners to the north of Northern Counties Secretarial. When Ms. Lublin was generous enough to make this offer they took it. When the original permit was passed he asked the Council about there being no protection for them with the church going into business. That property is zoned residential, but there is a special use permit for the church. The Council asked what he wanted, he asked for a 200- foot buffer and they gave him 100 feet. Ms. Lublin was generous enough to make this offer, giving them 10 feet to clear their land so they would not have trouble selling it. There was an honest error regarding the property line that resulted in a little comer of their turnaround being located on Ms. Lublin's property. She had them paying $30 per year, so they accepted that. Now she came up with a nice offer to deed them 10 feet with his property line moving 10 feet towards her property. Being honest and fair she did not want to move the whole 100 feet over. He did not know anything about this 120 feet, but he thinks it would be fair to give her something as well as him receiving something. Chairperson Nixt asked if Mr. Abendroth is supportive of Ms. Lublin having an additional 10 feet. Mr. Abendroth replied the 100 feet line is staying where it is. Chairperson Nixt questioned if it is critical that this item be handled tonight. There was discussion of the setbacks in relation to Ms. Lublin's request for additional developable property. Commissioner Brauer noted finding nos. 8 and 9 may need to be amended if the setback is changed. Motion by Chairperson Nixt, seconded by Commissioner VanScoy, to close the public hearing. Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Van Scoy, Brauer, Cleveland, Hunt, Trites Rolle, and Van Scoy. Voting No: None. Absent: Commissioner Levine. The public hearing closed at 7:29 p.m. Planning Commission/October 5, 2006 Page 4 of 20