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Planning Commission Meeting Minutes <br /> August 16, 2005 <br /> Page 13 <br /> 1 <br /> 2 Chair Stromgren questioned whether a variance is the appropriate vehicle to make this kind of <br /> 3 change. <br /> 4 <br /> 5 Commissioner Jensen agreed stating that he does not think that a variance is the appropriate <br /> 6 procedure to use. He acknowledged and agreed with Fire Chief Malenick's concern with respect <br /> 7 to enforcement stating that he is not 100-percent sure that they are going to be able to find a way <br /> 8 to resolve this issue, He stated that a Conditional Use Permit would be a more appropriate <br /> 9 vehicle with some form of a text change. <br /> 10 <br /> 11 Commissioner Hoska suggested working with the Fire Chief and the Fire Marshal noting that <br /> 12 from a safety standpoint, they could have some ideas to suggest. He stated that it would be very <br /> 13 frightening to have to fight a fire that way and he believes that working with the Fire Chief and <br /> 14 Fire Marshall would help to ensure that all safety issues are addressed appropriately. <br /> 15 <br /> 16 Ms. Moore-Sykes reminded the Planning Commission that the Fire Chief does not have the <br /> 17 authority to make this decision or work with the developer. She stated that a text change with a <br /> 18 conditional use permit process would be a long session noting that she could see what the City <br /> 19 Council says and update the Commission. <br /> 20 <br /> 21 Chair Stromgren clarified that this does not mean this is an avenue of rejection it just isn't the <br /> 22 appropriate avenue for this kind of request as it could be challenged in court. <br /> 23 <br /> 24 Motion by Commissioner Jensen, second by Commissioner Hoska, to recommend denial of the <br /> 25 proposed Variance to allow gas-fired grills on balconies of the multi-family units of the Silver <br /> 26 Lake Homes project. <br /> 27 <br /> 28 Motion carried unanimously <br /> 29 <br /> 30 VIII. CONCEPT REVIEW <br /> 31 <br /> 32 8.1 3645 Chelmsford Road NE—R1 to R2 Rezoning Request <br /> 33 <br /> 34 Troy Martenson, 3645 Chelmsford Road NE, provided the Commission with photographs of the <br /> 35 property noting that the property is currently zoned R-1 with an existing 1940's style single- <br /> 36 family home on the lot. He stated that the lot has a 75-foot utility easement given to Xcel Energy <br /> 37 and is across the northern portion of the lot. He stated that they would like to change the zoning <br /> 38 to R-2 zoning to allow them to be able to build a double bungalow style home on the property. <br /> 39 He indicated that the property is located in a mixed-use area and believes that the proposed <br /> 40 double-bungalow style home would be an asset to the community, as it would remove an old <br /> 41 home with something new and more up to date. He stated that the had initially asked to rezone <br /> 42 for an R-3 Townhouse Zoning but the Council denied the request due to their concerns about <br /> 43 spot zoning and that it would be too dense for the area. <br /> 44 <br /> 45 Chair Stromgren asked Mr. Martenson to further clarify his proposal. <br />