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MINUTES <br />PLANNING COMMISSION <br />AUGUST 13, 1992 <br />is too low adjacent to Vanderbie. Herkenhoff asked who <br />would be responsible for lowering the street elevation. <br />The City Planner replied that it is the City Engineer's <br />responsibility for designing the street improvement so <br />that it will drain and there is adequate access for <br />both existing and new homes. <br />CODE It was the consensus of the Commission to meet with the <br />ENFORCEMENT Building Official at 6:45 P.M. prior to their next <br />regular meeting to discuss code enforcement issues. <br />INPUT The City Planner reported that the purpose of public <br />FROM hearings is to get input from neighbors on matters. <br />NEIGHBORS However, the City Planner cautioned the Planning <br />Commission about leaving decisions in the hands of <br />neighbors. The Planner stated that neighbors should <br />not be made to feel that they have the power to approve <br />or deny or add conditions to a project. The Planner <br />reported that several cities have lost a lot of money <br />because projects were denied just because neighbors <br />wanted something. The Planner indicated that courts <br />have said that this is not a valid reason to approve or <br />deny a developer's request. The Planner stated that <br />the Commission should take testimony from neighbors, <br />determine what is factual and what isn't, and then make <br />a decision based on the facts. Using the Slumberland <br />proposal for an example, the factual input is that the <br />property is a mess and needs to be cleaned up. The <br />Planner reported that his concern in this matter is <br />when a developer is instructed to strike a deal with <br />the neighbors, and the implication is that the <br />Commission will approve something if the neighbors like <br />it. <br />The City Planner pointed out that the charge of the <br />Commission is to determine whether or not a project <br />meets Code requirements as well as planning and <br />development guidelines. The Commission should take <br />testimony of neighbors, but then decide what is in the <br />best interests of the community from a health and <br />public welfare standpoint, and not act on a matter <br />purely from neighborhood pressure. <br />Herkenhoff felt that the other side of the coin is <br />neighbors who have had to live with a situation that <br />has not met Code requirements. In the Slumberland <br />instance there are recommendations that had been made <br />in the past that were not complied with. In the case <br />of the Jackson Heights plat, there were noise problems <br />on the adjacent industrial property that were not <br />addressed. <br />Page 9 <br />