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Planning Commission Meeting Minutes September 20, 2005 Page 9 1 Chair Stromgren stated that they could add a sub-condition life safety. n that gBuilding Official the 2 authority to require fencing or guard rails for fall protection 3 4 Ms. Moore-Sykes stated that they should also keep in mind that driveways are not allowed in e 5 setback area. She explained that there is a minimum setback on one side of five feet and cannot 6 encroach the area. She stated that there is theoretically 7-feet between the side yard and 7 driveway,which would give reasonable space for safety. 8 9 Commissioner Galyon expressed concerns stating that he does not believe that the process would 10 be too rigorous for residents to come through. He asked that they explore other opt ons to 11 provide residents with an opportunity or forum to express their opinions. He stat the 12 numbers are not big enough to show that there is a big problem in this area adding that he does 13 agree that this is a life safety issue that should also be considered. He stated that he is not against 14 it adding that it should continue to be petitioned through a conditional use permit process. 15 16 Commissioner Hoska stated that he supports the text amendment as proposed noting that in being 17 a member of the Fire Department he finds himself in live saving situations where this is a true 18 asset and life saver. He stated that this is a safety issue and does not want the process to be too 19 cumbersome for the residents. He stated that he is sure that the Fire Marshall and Building 20 Official has enough sense to make sure that the fencing would be placed if safety issues are 21 identified. 22 Commissioner Galyon acknowledged Commissioner Hoska stating that he does appreciate his 23 24 views adding that he does not agree that keeping a permit process in place would impede the 25 process or impact safety. 26 27 Motion by Commissioner Jensen, second by Commissioner Jenson, to recommend approval o 28 the proposed text amendment to the City Code to allow egress window wells to encroach into the 29 side yard setbacks as proposed by Staff. 30 d to include a friendly amendment to add a subsection granting authority to 31 Chair Stromgren aske d rails or similar fall protection to protect the public. 32 the Building Official to require fencing, guar 33 lained that his reason for 34 Chair Stromgren exp the friendly amendment is because it is specifically 35 exempted from the building code and someone could challenge the decision if they do not give 36 the Building Official this tool. 37 38 Commissioner Jensen accepted the friendly amendment. 39 40 Ayes—6 Nays—1 (Galyon) Motion carried 6-1. 41 42 7.5 Zoning Ordinance Amendment—Vehicle Sales Prohibited 43 44 Chair Stromgren opened the public hearing at 7:52 p.m. 45