Agenda - Planning Commission - 02/01/2007

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Chairperson Nixt asked if the legal notice requirements were met with this application. Associate Planner Dalnes replied notification for the church went out to the property address of 14600 Nowthen Boulevard, which is the mailing address on file with the City. Mr. Wellman stated 14600 Nowthen Boulevard is the taxation mailing address; as a church they do not pay taxes. The correct address is listed for assessments paid by the church, and they did not receive any notification to that correct address. 14600 Nowthen Boulevard is not an operating office or business, and there is no reception of mail at that address. Ben Deemer, 14501 Sunfish Lake Boulevard NW, stated he has comments on both the plan and the zoning. First of all, on the property immediately to the north, the capacity of that property was reduced last year by 25% through denial of the variance. It is currently zonedR-2 for all 4 parcels, and single family detached units are not allowed, so rezoning is necessary for the proposed plat to exist. It looks to him like the proposal suggests a street that will pass through the lots to the north that will reduce the parcels north of there by 30% in area and reduce the adjacent parcel by ~ in density due to the setbacks and everything else involved. This might be considered a taking for further action involving the street. Mr. Deemer stated the proposed street will create a safety hazard because southbound traffic on County Road #5 at night will have northbound headlights on Helium in a place it is not expected, which is a safety aspect. This is spot rezoning to allow detached single units that should not be considered unless the PUD reflects the entire parcels. Without conditions what it does to the remaining R-2 parcels may be rushing in favor of one parcel over the other three. The developer should have to own all the parcels before creating restrictions that will affect the others. The biggest restriction is the street that is proposed to go through those parcels taking 30% of the land. Derwood Sagwold stated he is the current owner of the two lots to the north of the subject property, with one of the lots being the narrow outlot. He stated he purchased this property in September last year; the previous owner asked for a variance to go back to the old ordinance and build 8 units, which the Commission rejected based on the square footage of the lot being buildable for 6 units. He purchased the lot from Ben Deemer based on that value of 6 units. Now this plan has been submitted with the street running through the middle of his land, and he would probably only get 3 units; this will reduce the value of his land by 50%. He feels the way this is being planned by the City is really trying to take away his rights; he has two approaches on Nowthen Boulevard, and he thinks the objective of this cul-de-sac is to take away both of his accesses. This is on the verge of being a little illegal. He would have no alternative but to sue if his land is de-valued by 50%. Motion by Chairperson Nixt, seconded by Commissioner Van Scoy, to close the public hearing. Motion Carried. Voting Yes: Chairperson Nixt, Commissioners Van Scoy, Brauer, Cleveland, Hunt, Levine, and Trites Rolle. Voting No: None. Absent: None. The public hearing closed at 7:24 p.m. Commission Business 16