10/27/2003 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES OCTOBER 27, 2003 APPROVED 241 was a comparable way of looking at it instead of just looking at this small piece. He stated they could 042 also include parts of the right-of-way. He indicated if the City Council wants to look at this lot only 243 and say it can only be two lots, they can do that. He stated the Planning and Zoning Commission was 244 comfortable with this, and it is a unique situation. 245 246 Councilmember Reinert asked if they have received any feedback from neighbors. City Planner 247 Smyser stated the neighbors were notified up to 600 feet, however no one showed up for the public 248 hearing. 249 250 Councilmember O'Donnell moved to adopt Resolution No. 03-184 approving a Preliminary Plat for 251 Lakeview Estates, including lot -depth variances. Councilmember Reinert seconded the motion. 252 253 Councilmember Carlson stated she did not make the motion or second it because she will vote no. 254 She indicated she believes they will be setting a precedent, and it will make a difference. She 255 indicated the Planning Commission did approve this, but they also voted 5-0 on another project that 256 has to be looked at the same. She indicated what they are doing is four units per acre instead of the 257 allowed three. She also does not think they should take the neighboring area whether they are 258 looking at four acres or forty acres. She indicated if they do, they are saying that since others built at 259 low density, this person can boost it up and build at medium density. 260 261 Councilmember Reinert stated one reason he seconded the motion was a comment by City Planner 262 Smyser, which was that when they look at other developments they include the right-of-way. He 263 indicated if you take half of the street, you add 33 feet on one side and 36 feet on the other, which S64 boosts the property to more than one acre and drops the units per acre below three. 65 266 Councilmember Carlson stated that was another concern she had, because when they discussed the 267 zoning ordinance and talked about properties being grandfathered, they discussed eleven -acre parcels 268 and the need to subtract right-of-way from those parcels. Community Development Director 269 Grochala advised that on rural lots of one acre or greater they separate the right-of-way off. 270 Councilmember Carlson indicated her argument on the zoning ordinance was that someone who 271 bought exactly eleven acres for that purpose should be able to subdivide. Community Development 272 Director Grochala stated he believes the difference is that these lots are of acceptable size and 273 consistent with this zoning. He stated the difference is they are talking about lot size in the eleven 274 acre situation and development density in this situation, and the two issues should not be looked at 275 the same way. 276 277 Councilmember Dahl stated under conditions of approval it says if a shared driveway option is not 278 utilized, a new driveway must be built for Lot 1 that meets the setback requirements. She asked if 279 they are unable to do that, would they have to come back for another variance. City Planner Smyser 280 stated they would have to do that. He indicated in order for the plat to go through, it is the only 281 option. 282 283 Mayor Bergeson asked if the action does not pass, where it would leave the homeowner. He 284 wondered if he could come back with a two -lot subdivision, or if he would not be able to come back 285 for a year. City Planner Smyser stated he could come back with a different plat which would be a 286 separate application with two lots. S87 88 Motion carried 4:1. Councilmember Carlson opposed. 6