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MINUTES <br />PLANNING COMMISSION <br />NOVEMBER 14, 1991 <br />APPEAL <br />34 LITTLE <br />CANADA ROAD <br />JIM MARSHALL <br />Drabik asked if the City had any liability in a <br />situation where a property owner backs out on Little <br />Canada Road and causes an accident, noting that the <br />City has allowed the substandard situation. <br />The Planner stated that it was a concern, but a court <br />would determine liability in such a situation. <br />Drabik pointed out that as it stands, the front setback <br />for these homes along Little Canada Road does not meet <br />Code. <br />The Planner stated that there are ways to design a <br />project's safety with a less than 30 -foot setback. The <br />setback is more important for open space and a general <br />open urban feel. The only way to make driveways safer <br />is to provide a car turn - around area so that cars can <br />pull out onto the street. The Planner stated that a <br />another big concern for a residential area is to have <br />enough area for guest parking. <br />Garske pointed out that under the existing Ordinance, <br />the area would eventually become open space. The <br />amendment to the Comp Plan to designate the area as <br />future open space is merely to formalize what will <br />happen anyway. <br />The Planner replied that this was correct. The issue <br />with doing a Comp Plan amendment was to get some <br />notification to property owners in the area that <br />long -range plans are for open space. Open space will <br />not occur on the short -term, however, because there are <br />properties in the area with substantial value that do <br />not entangle themselves in the 50% rule. <br />Pedersen asked what the proposed amendment to the Comp <br />Plan does to current residents in the area. <br />The Planner replied that the amendment effectively does <br />nothing to the existing residents. <br />DeLonais recommended an amendment to the Comprehensive <br />Land Use Plan to show the north side of the Little <br />Canada Road area along Round Lake as Open Space. <br />Motion seconded by Garske. <br />Motion carried 6 - 0. <br />The Commission reviewed the appeal of Council denial of <br />request for Conditional Use Permit to allow the <br />improvement of a non - conforming single - family structure <br />to bring the structure up to minimum standards, and a <br />Page 3 <br />