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Planning Commission Regular Meeting Minutes February 17, 2009 Page 2 1 2 Chair Stromgren stated the public hearing on this administrative lot split was tabled at the 3 January Planning Commission meeting at the request of the applicant pending a request for 4 further information from the City Attorney and Planning Commission. 5 6 Chair Stromgren opened the public hearing at 7:04 p.m. 7 8 Chair Stromgren noted the applicant is not present tonight. 9 10 Commissioner Jensen stated the application seems to make sense, allowing for development 11 potential on two different lots. However, it would appear that coming forward with a cross 12 parking agreement, which would be amendable at such time as the future land plan is proposed, 13 would tend to make a lot split more accurate, as well as a cross access easement that would go 14 with the two parcels to the existing access out to Old Highway 88. He suggested conditioning 15 future approval on the receipt of such documents without restricting the ability to amend them in 16 the future. He stated it appears for the purposes of the use of the structure that the current parking 17 facility has more space than is used,pending a new tenant with extraordinary parking demands. 18 19 Chair Stromgren stated this is consistent with what the Commission asked the applicant to 20 provide. The applicant was requested to provide additional analysis regarding the use of the 21 building, what the code requires for parking to serve the existing building, and how that would 22 impact the location of the new lot. That information was not provided to staff prior to the 23 meeting. He stated since this item has been tabled once it may be running up against the clock 24 and action may need to be taken to close this and protect the City's interest. He noted the opinion 25 of the City Attorney included in the packet that approval without more information puts legal on a nonconforming He noted the applicant would not be prohibited from 26 descriptiong 27 coming back in the future with additional information. 28 29 Chair Stromgren closed the public hearing at 7:21 p.m. 30 31 Motion by Commissioner Jensen to recommend approval of the administrative lot split at 3055 32 Old US Highway 8 with the following conditions to be met prior to City Council approval: 1)the 33 applicant is to provide a cross access agreement for Parcels A and B; 2) the applicant is to 34 provide a cross parking agreement to meet the minimum requirement of the square footage of the 35 structure on Parcel B over Parcel A. 36 37 Commissioner Jenson noted the applicant has not provided any communication on this 38 information, which was requested at the January Planning Commission meeting. 39 40 Commissioner Crone clarified that the motion on the floor would require the applicant to go back 41 to `square one' if the requested information is not provided prior to the February 24, 2009 City 42 Council meeting. 43 44 Motion seconded by Commissioner Crone. 45