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Planning & Zoning Board <br />February 14, 2007 <br />Page 3 <br />APPROVED MINUTES <br />right-of-way needs in the future. Staff stat ed reasons for setback requirements include <br />visibility, safety and privacy reasons. <br /> <br />Mr. Hyden stated that he prefers enforcing ex isting ordinances, but struggles since there <br />is a fairness issue when others were allowe d to violate an ordinance and a precedent has <br />been set, so he is inclined to allow the variance. <br /> <br />Mr. Root stated that five fi ndings are supposed to occur and only one has been discussed. <br />He does not want to set a precedent with this variance. <br /> <br />Mr. Tralle commented that he is concerned that the city allowed the building of the <br />neighboring houses at the requested setback and this house would comply with the <br />neighboring setbacks. <br /> <br />Mr. Rafferty made a MOTION to recommend APPROVAL of the Variance to the arterial <br />setback for a garage addition at 7300 Terra Court. Motion was supported by Mr. Hyden. <br /> <br />Motion carried 5 - 1. (Root voting nay.) <br /> <br />C. PUBLIC HEARING for a Rezone to Planned Unit Development for a 17-acre <br />mixed-use development to be called Comfo rts of Home, located west of Hodgson <br />Road and north of County Road J <br /> <br />Mr. Smyser presented the staff report. <br /> <br />Mr. Tralle requested that Mr. Sm yser refrain from reading the entire staff report, as board <br />members received it in their packets, and to proceed with discussion and action on this <br />item. <br /> <br />Mr. Tralle opened the Public Hearing at 7:15 p.m. <br /> <br />Mike Witham, 211 Woodridge Lane, distributed a petition signed by a number of city <br />residents opposing the proposed development. Mr. Witham spoke on behalf of many of <br />the residents in the Woodridge Estates and neighboring developments. He stated they are <br />strongly opposed to the proposed development as well as any zoning change that would <br />allow this development to proceed. They feel the plan does not meet the requirements of <br />the Comprehensive Plan and would have serious negative consequences to the <br />neighboring homes and neighborhoods. They ar e not against all planning for the area, <br />but feel this should be a neighborhood area with neighborhoo d businesses. They do not <br />consider this plan to be ne ighborhood friendly. They stated that the P&Z Board and City <br />Council have the responsibility of determining what is right for all affected properties. <br />They do not agree with the proposed rezone a nd believe that none of the intended reasons <br />for allowing a PUD District are met by this proposal, listing a number of supporting facts <br />for this statement. Overall, they do not believ e the proposed plan is the best for the area. <br />They are concerned about traffic, noise, wa ter run-off and groundwater levels, property <br />value and lack of aesthetics. Mr. Witham re iterated that they are strongly opposed to this <br />development and the request for zoning changes, and requested denial of this application. <br />He stated that they appreciate the time a nd effort of city staff and board members.