Agenda Packets - 1988/04/18 - Laserfiche WebLink

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3t,r,,, z MEMO TO: Clerk -Administrator and City Council FROM: City Planner Herman DATE: April 6, 1988 SUBJECT: APPEAL BY DYNAMIC DESIGNERS, INC., 7656 AND 7660 WOODLAWN DRIVE, PLANNING CASE NO. 138-83 Attached you will find a letter from Mr. Fretag requesting the City Council to review their appeal for a variance request. The Planning Commission denied their variance request on March 16, 1988, and a copy of the resolution is attached for your convenience. As you may recall, the Dynamic Designers project was reviewed by Barr Engineering at the wetland workshop. While many issues were raised by Barr Engineering, the Planning Commission denies the project on two specific issues. These two issues were as follows: 1. The minimum lot size for a subdivision within a wetland zoning district; and 2. the minimum lot frontage for a subdivision within a wetland zoning district. Although the resolution mentions a need for a conditional use permit for filling within a flood plain, a need for a wetland alteration permit, and the issue of the 100 foot buffer, these were not listed as the grounds for denving the variance. Mr. Fretag and Mr. Cepress have provided a listing in their letter of what they consider to be reasons for appealing the denial. The reasons listed do not justify overturning the variance denial. Number 6, Restrictions of Development in the Wetland Area are Arbitrary, is the only possible reason for granting the variance. The legal issues involved with the City's uartand ordinance have been previously discussed and will be reviewed again by the C14 %t t=r"':' in regard to this allegation. Because there was no additional informatio,, submitted by the developer which would alter the original Staff assessment or Barr Engineering's assessment of the proposal, Staff recommends to uphold the Planning Commission decision to deny the variance. According to the City Code, after the City Council receives a Staff Report and recommendation concerning the request for an appeal, the City Council should hold a public hearing. Notice of the hearing shall be mailed not less than ten days before the hearing date and any persons interested may be heard at this meeting. Staff recomends setting the public hearing at the next regular meeting.