Minutes - Council - 10/10/2006 - Laserfiche WebLink

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required to amend the setback terms in the CUP. The Planning Commission recommended approval of the reduced setback along the common property line between Northern Counties Secretarial Services and the Abendroth parcel. The draft CUP would replace the permit issued in 1991. All of the applicable terms from 1991 have been carried over into the new permit, with the amendment as directed. Mayor Gamec asked if Northern Counties Secretarial Services is considering doing the expanSiOn. Ass't Community Development Dir/HRA Executive Dir. Frolik replied to date Northern Counties Secretarial Services has not exercised their right for the expansion; the expansion would require site plan approval. The CUP allows a building expansion up to a total of 22,000 square feet with the uses restricted to the professional offices and daycare, which were included in the CUP. Councilmember Elvig stated he is pleased to see the two parties have worked something out. He noted there was a fairly lengthy discussion about this at the Planning Commission. Motion by Councilmember Elvig, seconded by Councilmember Cook, to adopt Resolution #06- 10-320 adopting Findings of Fact #0779 relating to the request for an amended Conditional Use Permit for Northern Counties Secretarial Services, and to approve the request for an amendment to the Northern Counties Secretarial Services Conditional Use Permit, based on the findings of fact, and adopt Resolution #06-10-321 declaring terms of same. Further discussion: Mr. Louis Abendroth, adjacent property owner, stated he does not understand the setback that is now 100 feet from the property line. They had agreed that Ms. Lublin's line would stay the same and she is deeding them 10 feet, so the new line should be at 90 feet instead of 80 feet. Ass't Community Development Dir/HRA Executive Dir. Frolik indicated this was discussed at the Planning Commission level and the understanding was that Ms. Lublin is requesting an additional 10 feet as a form of compensation for her giving the Abendroths the 10 feet. The Abendroths agreed to this at the Planning Commission, and there may be a misunderstanding. Ms. Frolik clarified the property line will move south 10 feet; the Abendroths will gain 10 feet and Ms. Lublin wants the buffer area reduced by 20 feet so that she also gains something in this exchange of property to the Abendroths. Ms. Lublin would like a buffer of 80 feet only on the property line adjacent to the Abendroths; the remainder of the property boundary would remain the same. In addition to the 80 feet Ms. Lublin has agreed that any structure would remain an additional 20 feet away from the buffer line, which would virtually result in a 100 foot buffer. Mr. Abendroth indicated he understands the setback and agrees. Motion carried. V oting Yes: Mayor Gamec, Councilmembers Elvig, Cook, Jeffrey, Olson, Pearson, and Strommen. Voting No: None. City Council / October 10, 2006 Page 6 of 15