03-09-06 Planning Comm. Agenda - Laserfiche WebLink

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MINUTES PLANNING COMMISSION NOVEMBER 10, 2005 island does look nice, the reason for the Variance request is due to safety concerns. He noted the heavy traffic volumes as well as high traffic speeds on County Road B-2. Heidi Murphy indicated that it would be difficult to maneuver their vehicles into aback-in spot and then pull onto County Road B-2 given the limited room they have to work with. She further noted the additional risk in backing onto County Road B-2 given the traffic volumes, traffic speeds, and the high volume of walkers and joggers on County Road B-2. Murphy also pointed out that they would like to save the large pine tree on their property given the fact that the property to the west of them was recently clear cut. Rheaume stated that he supported the Variance request and saw no reason to deny it. Heidi Murphy noted the criteria listed in the Planner's report Co justify the granting of a Variance, and felt that they met these criteria. The first was that without the Variance they would be deprived of rights that other property owners enjoy -Murphy noted that others have received a Variance for a horseshoe driveway. The next was that the special conditions and circumstances do not result from the actions of the applicants -the heavy traffic volumes and speeds are not the result of their actions. The Variance will not confer on the applicant any special privilege -there are many horseshoe driveways in the City. Duray stated that he did not support the Variance request since there was no evidence of a hardship. Hall agreed and stated that the Commission has not heard enough that would convince it to grant a Variance. Hall noted that there appears to be other options that the property owner can explore. Hall indicated that the burden of proof is on the applicant. Rheaume disagreed and felt the public safety issue was hardship enough to warrant granting the Variance. Heidi Murphy felt Chat the City Planner has made substantiations in his report that he does not have the data to back up. Duray recommended denial of the Variance allowing a second driveway curb cut for 601 East County Road B-2 requested by Mike and Heidi Murphy as there is no hardship present to warrant the granting of a variance, and there are other options that the property owner can pursue more fully, such as a back-in spot on the property, that would allow the property owner to pull out onto County Road B-2. Motion seconded by Hall. 9-