10-11-07 Planning Comm. Minutes - Laserfiche WebLink

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MINUTES PLANNING COMMISSION OCTOBER 11, 2007 Duray recommended approval of a Conditional Use Permit allowing retail vehicle sales (indoor only) for Section B, 209 Ryan Drive, as requested by Roger Stanke, subject to compliance with the recommendations of the City Planner as outlined in his report dated October 5, 2007. Motion seconded by Hall. Motion carried. 6 - 0. VARIANCE Mr. Phil Soby, Lauren Development, appeared before the Commission FOR requesting approval of a Variance from the Subdivision Code requirement CUL-DE-SAC limiting permanent cul-de-sac length to a maximum of 500 feet for LENGTH - proposed Richie Place. RICHIE PLACE Knudsen noted that the Planning Commission recommended approval of the Preliminary Plat for Richie Place at its September meeting. The City Council has tabled action on the plat pending additional information. Knudsen pointed out that this evening the Planning Commission will be considering Lauren Development's application for a Variance for cul-de-sac length and are not here to revisit the Preliminary Plat. Soby reported that Lauren Development has requested the Variance for cul- de-sac length given the issue it has become during the Preliminary Plat process. The biggest issue that has been raised is whether the Preliminary Plat process is legitimate given the length of the temporary cul-de-sac. Soby reported that some members of the general public have expressed their feelings that given the length of the cul-de-sac, the Preliminary Plat cannot be approved without a variance. Soby noted that both the City Planner and the City Attorney have indicated that a Variance is not necessary given that the cul-de-sac is temporary. Soby pointed out that while the City Code limits permanent cul-de-sacs to a maximum length of 500 feet, there is another Code provision that requires that developments provide access to adjacent properties for future development. Thus, the Richie Place cul-de- sac would be considered temporary since at some time in the future it will be extended as adjacent properties are developed. Soby stated that to take away the argument that a Variance is necessary, Lauren Development has applied for one. Duray asked if the Preliminary Plat has changed from the one the Commission reviewed last month. Soby replied that it has not. Knudsen acknowledged receipt this evening of a document from Howard Roston, an attorney representing some of the adjacent property owners in the area. Knudsen noted that given this document was just received, the -5-