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HomeMy WebLinkAboutPlanning Commission Minutes 06-21-2006Approved Minutes City of Plymouth Planning Commission Meeting June 21, 2006 MEMBERS PRESENT: Chair James Holmes, Commissioners E. J. Clyman, Kathleen Murdock, Melissa Musliner, Karl Neset and Sarah Anderson MEMBERS ABSENT: Commissioner Frank Weir STAFF PRESENT: Community Development Director Anne Hurlburt Planning Manager Barbara Senness, Senior Planner Marie Darling, Associate Planner Joshua Doty, Associate Planner Jared Noelting and Office Support Representative Janice Bergstrom 1. CALL TO ORDER - 7:00 P.M. 2. PLEDGE OF ALLEGIANCE 3. PUBLIC FORUM 4. APPROVAL OF AGENDA MOTION by Commissioner Anderson, seconded by Commissioner Musliner, to approve the June 21, 2006 Planning Commission Agenda. Vote. 6 Ayes. MOTION approved. 5. CONSENT AGENDA A. APPROVAL OF THE JUNE 7, 2006 PLANNING COMMISSION MINUTES MOTION by Commissioner Clyman, seconded by Commissioner Murdock, to approve the June 7, 2006 Planning Commission Minutes. Vote. 6 Ayes. MOTION approved. B. WAYZATA PUBLIC SCHOOLS (2006033) MOTION by Commissioner Clyman, seconded by Commissioner Murdock, to approve the request by Wayzata Public Schools for a site plan amendment to allow a parking lot expansion at Plymouth Creek Christian Church located at 16000 41St Avenue North. The parking expansion would be used as a joint parking area for Plymouth Creek Christian Church and Plymouth Creek Elementary School. Vote. 6 Ayes. MOTION approved. C. LARSON ENGINEERING OF MINNESOTA (2006034) MOTION by Commissioner Clyman, seconded by Commissioner Murdock, to approve the request by Larson Engineering of Minnesota for a site plan amendment to allow for pavement rehabilitation and associated site improvements at The Church of Jesus Christ of Approved Planning Commission Minutes June 21, 2006 Page 2 Latter -Day Saints for property located at 330 Vicksburg Lane North. Vote. 6 Ayes. MOTION approved. 6. PUBLIC HEARINGS A. T -Mobile USA (2006036) Chair Holmes introduced the request by T -Mobile USA for a conditional use permit to construct a 100 -foot monopole tower for telecommunication antennas and related equipment at 15605 32nd Avenue North. Senior Planner Darling gave an overview of the June 13, 2006 staff report. Commissioner Clyman inquired about security surrounding the proposed tower. Senior Planner Darling responded that the applicant proposed to enclose the base of the tower and equipment shelter with an 8 -foot fence, but staff asked them to revise with a 6 - foot fence to comply with Zoning Ordinance regulations. She added the tower and equipment are quite secure and strongly built. Chair Holmes introduced the applicant, Steve Edwards, 501 50th St. W, Minneapolis MN. Mr. Edwards discussed the process for choosing this location for the proposed tower. He said the need for new telecommunication towers is a result of a growing number of factors, including increased cell phone usage, text messaging, PDAs, email and video clips. Mr. Edwards said a master lease agreement is in place with the property owner for other telecommunications carriers to locate their equipment on the proposed tower. Chair Holmes opened and closed the public hearing as there was no one present to speak on the item. MOTION by Commissioner Murdock, seconded by Commissioner Neset, to approve the request by T -Mobile USA for a conditional use permit to construct a 100 -foot monopole tower for telecommunication antennas and related equipment at 15605 32nd Avenue North. Roll Call Vote. 6 Ayes. MOTION approved unanimously. B. DMITRI SMIRNOV AND MARIA KOUZNETSOVA (2006029) Chair Holmes introduced the request by Dmitri Smirnov and Maria Kouznetsova for a preliminary plat for "Jirehel Addition" for two single family detached lots, for property located at 755 Windemere Drive. Planner Doty gave an overview of the June 13, 2006 staff report. Approved Planning Commission Minutes June 21, 2006 Page 3 Commissioner Neset asked if the July, 1988 approval of the consolidation of Outlot B was supposed to be a condition worked into the resolution to bar subdivision of those lots. Planner Doty responded affirmatively that appears to have been the intent. He said the recommendations to deny access to 6th Avenue and to not allow subdivision of the outlot were in a Planning Commission staff report. Planner Doty stated these recommendations, however, were not in the approving resolution, nor were they added to the deeds of the properties. Commissioner Neset questioned if the City Council voted on the recommendations. Planner Doty said it appeared that the Council did not vote on the conditions since they were not in the approving resolution. Commissioner Neset stated that the staff recommendation in 1988 was to not allow subdivision. Commissioner Neset said this is a first for him, and asked what we do in cases where the intent was to provide a recommendation and it didn't get followed up on. Director Hurlburt said it is clear from the record that staff made some recommendations; she said it is not clear that it was followed through by the Planning Commission, nor what went to City Council. Director Hurlburt noted that record keeping and recording of documents was different at that time. She said there have been changes in record keeping, and now documents are routinely recorded. Commissioner Neset asked if it would be more appropriate for the Planning Commission or City Council to look at whether subdivision is something they want to have happen in respect to the outlots. He said some properties would require variances, but what was the intent in 1988. Commissioner Neset said we are missing a piece of Council action in respect to this issue. Commissioner Clyman asked if there are other properties in the City where a portion of land was given over with conditions and where it has been recorded. Planner Doty said this is a unique situation and was not aware of any other similar situations. Commissioner Clyman asked if the reason the values of the homes did not increase is that the land was dedicated and not a useful portion of property for development. He asked if this issue should have been discovered the last time the property was assessed. Director Hurlburt said the city assessors generally don't do title searches. She said at the time the lots were consolidated everyone probably believed this was one single family lot so assessors did not change the value to reflect another buildable lot. Director Hurlburt Approved Planning Commission Minutes June 21, 2006 Page 4 said a variance would be necessary to build and assessors do not assume a variance would be granted. Commissioner Clyman said he is concerned the other property owners would be subject to higher taxes if this becomes a developable area. Director Hurlburt said the lots vary in size. She said even with the addition of Outlot A and the fact that they back on to a street, these lots don't have a lot more usable area than other lots in the development. Commissioner Clyman asked if there has been a lot of turnover in the neighborhood in the last 5-10 years, and why this issue has not been discovered. Planner Doty said there have been changes in ownership, however, the applicant's property is the only one meeting the standards for subdivision. Planning Manager Senness added that since nothing has ever been recorded, there has been no reason for anything to come up. Commissioner Anderson asked for clarification about taxes, and said there is no guarantee that the assessor's office would not increase taxes if the City Council approves the subdivision. Director Hurlburt said if the property is subdivided its value would be increased because a new buildable lot would be created. The other properties could not subdivide without a variance, so she said she does not believe assessors would have a reason to re-evaluate their value. Director Hurlburt said if the City granted variances, that might be precedent setting for other lots. Chair Holmes introduced the applicant, Dmitri Smirnov, 755 Windemere Dr. Mr. Smirnov said he believes in Jesus Christ and thanks God to tell his story. Mr. Smimov said one year ago he was lost on 6th Avenue and was stopped by Almighty God in front of the house with a for sale sign. He said it was not in his wisdom because he and his wife did want to change locations, it was his blessing. Mr. Smirnov said building a new house for his family was an idea from day one. Mr. Smimov said the name "Jirehel" is from the old Hebrew language, meaning "provided by God". Mr. Smimov said he was able to investigate the history before he bought the house. Mr. Smimov displayed his title. Mr. Smimov said it was the same title issued to him when they bought in 2005. He said he never had formal acceptance or had to sign an additional obligation related to the property. He said he understands the neighborhood's concern about green area, as his family likes nature and they want to care about earth. Mr. Smimov said one of his degrees is in biology. He said they have already planted 20 new trees and 5 bushes at their home, and plan to plant more trees and valuable bushes around the new house. Mr. Smirnov said if the City approves `Jirehel", they would replace buckthorn, dandelion and broadleaf weeds Approved Planning Commission Minutes June 21, 2006 Page 5 currently on the property. He said they want to plant wild flowers and a butterfly garden in the area. Mr. Smirnov said 6th Avenue access is a concern for neighbors. He pointed out that three houses already have direct access to 6th Avenue which has the same or less traffic as Pineview Lane or Sunset Trail — both of which have multiple driveway accesses. Mr. Smirnov added there is no overnight parking on streets and 6th Avenue is restricted for truck traffic. He referenced the existing berm and said the first floor level of the future house would be at the top of berm which would keep the same noise protection for the neighborhood. Mr. Smirnov said he appreciates the neighborhood and values it because it consists of caring people who are not indifferent to their surroundings. He said he would like to stress by subdividing their property, they will take better care of the neighborhood. Mr. Smirnov said the future house design will be concentrated around one -family needs and would be comparable with the size of the houses in the neighborhood. Mr. Smirnov said it will not be a cheap house and will increase the value of houses in the neighborhood. Mr. Smirnov thanked everyone who shared comments and concerns and suggestions. Chair Holmes opened the public hearing. Chair Holmes introduced James Dvorak, 620 Sycamore Lane. Mr. Dvorak said he has resided here for 20 years and said he was assured at that time the nature preserve would not be developed, and that it had been declared by the City. He said in 1976 and 1986 the City Council had it right when they said it can't be subdivided and placed conditions. He said if the City approves the subdivision, the City should consider reversing what was approved in 1986 and declare it not a natural preserve any longer. Mr. Dvorak said there is precious little green space as there is a new development to the east which eliminated a lot of green space. He said he is worried about the overall environmental impact. Chair Holmes introduced Peggy Dvorak, 620 Sycamore Lane, who seconded Mr. Dvorak's comments. She counted approximately 300 (fast) cars drive on 6th Avenue every day, and to put a driveway on 6th Avenue would be very dangerous. Ms. Dvorak said she would like to correct Mr. Smirnov that there are only two driveways on 6th Avenue and his proposal is in the middle. Ms. Dvorak said Mr. Smirnov is removing all the big trees and would replace them with the small trees he planted. She said she wanted to keep the neighborhood as natural as possible. She said for 20 — 25 years the neighbors have agreed to preserving the natural space and now someone wants to build on it. Ms. Dvorak said she is opposed to the proposal. Chair Holmes introduced David Gerdes, 715 Windemere Dr. Mr. Gerdes said he has an outlot property. He said he respects what the Planning Commission and staff have to do. He said he believes Dmitry thought he had an absolute right all along to subdivide. Mr. Gerdes said when he purchased 11 years ago, it was eminently clear that he could not expand, build, or tear down. The property was to be kept in a natural state and that was Approved Planning Commission Minutes June 21, 2006 Page 6 one of the main reasons they bought their house. Mr. Gerdes said he has lived under that assumption for 11 years. Chair Holmes introduced Marty Guritz, 735 Windemere Dr. Ms. Guritz said she objects to the proposal. Ms. Guritz said she assumed the staff report would inform that there was a February, 1988 letter from the Director of Public Works. She said because of these conditions, homeowners purchased their property with the adjoining outlot, and now find the City made a grave error in not recording the resolution with the conditions. Ms. Guritz said she is upset that the 5th condition was not indicated in the letter the homeowners received. Ms. Guritz said the term of the easement mentioned in the staff report was not shown on her title. Ms. Guritz asked how it can be that there is no record of the 2-19-88 letter or any documents related to the letter. Ms. Guritz said we have the signed letter. Ms. Guritz said in October, 2001 she had to remind the City that the City maintains the boulevard and the only maintenance required by the neighbors was to control noxious weeds. Ms. Guritz said the City realized their error in October, 2001, and she asked why the City can't do the same now with this proposal. She said the value of her lot will decrease because of this proposed house. Ms. Guritz said she is hoping the City will do everything in its power to stop the subdivision, and possibly consider purchasing the property in question. She said why penalize homeowners for a mistake the City made. Ms. Guritz said none of us would have purchased a natural area if we knew then what we know now. She said there are always exceptions - let this be one of them. Ms. Guritz stated that a neighbor, Paul Strand, also objects and said a letter was sent. Ms. Guritz concluded that she strongly objects to the proposal. She said if it is approved, homeowners can expect restitution. Commissioner Clyman asked Ms. Guritz when she purchased the property. Ms. Guritz said she has lived there 23 years. Chair Holmes introduced Ted Fust, 730 Windemere Drive. Mr. Fust referenced page 2 of the staff report outlining the 1988 Planning Commission recommendations for special conditions for Outlot B, denying vehicle access to 6th Avenue, etc., and asked if these recommendations are valid if not recorded. Mr. Fust said if Paul Strand's 2-5-88 letter received from Public Works Director Fred Moore is valid. Mr. Fust echoed Mrs. Guritz' comments and asked why would they have purchased that property if these conditions were not there. Mr. Fust said Mr. Smirnov referred to two properties with 6th Avenue access, but those two properties are not part of Outlot B. Mr. Fust said that neighbors, John and Jackie Fenske, did a garage addition and requested access to 6th Avenue but their request was denied plus they are west of Outlot B. Mr. Fust said that Mr. Smirnov commented he would be more than happy to maintain control of noxious weeds as a proposed condition. He said if Mr. Smirnov recognizes one condition as valid on the property, then all recommendations should be applicable. Mr. Fust referenced Mr. Smirnov's comment that the 20 trees planted replace the ones that will be removed when he builds, and asked when Mr. Smirnov planted those trees. Mr. Fust said he thought they were planted recently, Approved Planning Commission Minutes June 21, 2006 Page 7 within the last month. Mr. Fust said that if that is the case given, he's been working on this since day one, the trees were to paint a rosy picture of his intent for this property. Chair Holmes introduced Connie Fust, 730 Windemere Drive, who said she concurred with her husband's comments. Ms. Fust said the green space is a natural berm for the neighborhood that they simply do not want divided. She asked the Planning Commission to look back in 1988 when they received the property from the City and to look at that history and pictures. Ms. Fust concluded that this is not a property we want divided. Chair Holmes introduced Ted Robb, 615 Windemere Curve. Mr. Robb said his observation is that there are 16 letters in opposition, and Paul Strand, and these neighbors should be taken into account. Mr. Robb questioned the Planning Commission's charter and objective, and asked if it is to raise tax money or to protect property values. Chair Holmes introduced Mike Flanery, 720 Sycamore Lane. Mr. Flanery said he doesn't like the proposed development and doesn't want the subdivision to go in, but it is Dmitry's property. Mr. Flanery said since he moved in he has been paying the same taxes for property which is less than one-half the size. He said his market value was $165,000 and Dmitry's property sold for $300,000+. Mr. Flanery said basically we are paying for that green space the way things are set up. Mr. Flanery said if that land was not everyone's, why was the tax base set up that way. He said the market value increased on Dmitry's property so it is being sold that way. Mr. Flanery said the City continued to show intent by keeping taxes lower on such a large piece of property. Mr. Flanery said he likes Dmitry and the neighborhood and hopes everyone will still get along after this, and added that the Planning Commission can't make a decision that won't hurt somebody. Chair Holmes introduced Cliff Swenson, 705 Windemere Drive, who said he owns one of the lots with Outlot B property. Mr. Swenson said the Council packet was retained by the previous homeowner and it was very clear that the area was to be maintained as a natural area with some restrictions. Mr. Swenson said as much as he appreciates Dmitry and his family being part of the neighborhood, he is opposed to dividing the property. He said these combined lots provide a nice natural area for the wildlife and is a corridor from the park area to the Honeywell property to the east. He submitted a letter from Carol McCormick-Buchmeier. Chair Holmes introduced Mark Stipakov, Mr. Smirnov's realtor who was involved in the sale of the 755 Windemere property. Mr. Stipakov said he has known Dmitry and his wife for several years and they are probably the best neighbors you would like to have. He said when they lived in Bloomington they made a park out of their back yard. Mr. Stipakov said they like wildlife and trees. Mr. Stipakov said the house they want to build will bring up the value of the whole neighborhood. He said he does not see why part of the berm cannot be used for Dmitry's house as there still will be enough green space for wildlife. Chair Holmes closed the public hearing. Approved Planning Commission Minutes June 21, 2006 Page 8 Chair Holmes asked about mission and goals of the Planning Commission. Director Hurlburt said the responsibilities of the Planning Commission are laid out in State law for every city that has a Zoning Ordinance and a Comprehensive Plan. She stated the Planning Commission is a citizen advisory group appointed by the City Council to help develop the City's Comprehensive Plan and implement it. She said the Planning Commission will evaluate an application such as this based on the zoning and subdivision regulations that would apply and make a recommendation to the Council. Commissioner Neset asked Director Hurlburt to explain the concept of a "preliminary plat". Director Hurlburt said a preliminary plat is a vehicle by which someone who owns land can apply for approval from their local government to divide land so ownership can be transferred in parcels or lots to other people. She said under State law, the City has a quasi -administrative function for plats. The city reviews the plat to determine if it meets zoning and enforceable regulations, and if it does the city is obliged to approve. Chair Holmes asked when tree preservation is required. Director Hurlburt explained the standards for preserving trees of significant size when subdividing. Director Hurlburt said in the case of a plat, the City would require the owner to inventory trees and show which ones are removed and kept due to construction. Planner Doty said he received a tree inventory with this application indicating 86% of the trees would be preserved. Chair Holmes referenced Mr. Flanery's comments and asked for clarification about the tax evaluation for certain lots. Director Hurlburt said the value is based on market value of similar sales in the City. She said every four years evaluations are conducted to make sure the market value is similar to a saleable price. Director Hurlburt said assessing is a complex art and factors include the neighborhood, condition of the property, and potential for subdivision. Commissioner Clyman asked if the City can suppress property values on a lot. Director Hurlburt said that State laws require assessors to be as close as they can to market value. She added that if the potential use of a property changes that might change market value. Chair Holmes asked Mr. Smirnov when he planted the trees. Approved Planning Commission Minutes June 21, 2006 Page 9 Mr. Smirnov said he purchased the property last year. He said that in this climate, the best time to plant trees is in the spring. He said they planted some trees in April, some in May and some in June. Chair Holmes asked about the resolution with the 5th condition that did not appear on Ms. Guritz' title. Planner Doty said the five conditions in the1998 staff report were recommendations and did not carry over into the approving document consolidating the property. He said these recommended conditions also did not carry over to the deed. He said a 10 -foot drainage and utility easement is on the deed along the south side of the property. Director Hurlburt said there may have been a separate document recording the easement. She said that staff will review the files to see how that easement was recorded. Ms. Guritz stated the wording on the staff report is not the same as what shows on her title. Director Hurlburt stated that the wording on her title is what counts as that is what has been recorded. Chair Holmes asked if the owners received the property free and clear when Outlot B was divided and consolidated. Planner Doty said the property owners paid assessments related to the property. Chair Holmes asked for statistics on the traffic volume on 6th Avenue. Public Works Director Doran Cote said 6th Avenue is a higher volume residential street. He said the traffic counts indicate 1,250 vehicles per day between Windemere and Pineview. Commissioner Clyman asked about traffic on 6th Avenue compared to Sunset Trail traffic volumes. Public Works Director Doran Cote said there is not a traffic count for Sunset Trail, but Ridgemount has 1,800 trips per day and is similarly a high-volume residential street. He said the count was conducted on a typical, average day. Chair Holmes asked about John and Jackie Fenske's request for a driveway on 6th Avenue which was denied. Director Hurlburt said the Fenske conditional use permit application was for a garage expansion with a second driveway access to 6th Avenue. Director Hurlburt said the Zoning Ordinance says a corner, residential lot is allowed one driveway, unless there are special Approved Planning Commission Minutes June 21, 2006 Page 10 circumstances to allow a second. The intent of the ordinance is to limit driveways to one per residential lot and the second driveway was not necessary for what they needed to do. Director Hurlburt said if the applicant's lot is subdivided, the only access would be 6th Avenue. Chair Holmes asked about the validity of the (1988) recommendation and the 2-5-88 letter from the City. Director Hurlburt stated that a staff report recommendation is only advice and does not have legal weight unless the recommendations are memorialized in the recorded City Council resolution. She said the letter from staff is similar to a report or recommendation. Chair Holmes asked if the Council documents presented to Mr. Swenson when he closed on his house might impact the Planning Commission discussion. Planner Doty said he was not sure if we have those specific documents. He added that the City has no control over the documents the realtor might have provided. Director Hurlburt said the former owner might have been disclosing what they thought and believed to be accurate and it might ultimately have to be decided in a court of law. Commissioner Clyman asked if property owners legally have these documents recorded on their property. Commissioner Clyman said he was concerned about individual property rights if the City Council does not pass any resolutions. Director Hurlburt said property owners may have some rights, but would have to defer to an attorney to see how to place restrictions that would not otherwise be enforceable by the government. Commissioner Neset said the Planning Commission has relatively little discretion in a preliminary plat that is meeting Zoning Ordinance regulations and it is not open to a lot of interpretation. He said on one hand, the Planning Commission has to approve it, but then basically approves the subdivision. Commissioner Neset said he is still uncomfortable with the 20 years of history and said past councils were trying to prevent any type of development in this area. He said the City attempted to resolve the issue one last time, but it did not get recorded. He said this issue is laying there and that needs to be addressed. Director Hurlburt clarified that the Planning Commission is only recommending an action to the City Council, who will ultimately make the decision. Commissioner Neset asked if the Planning Commission recommends approval, are we cutting off the issue that needs to be addressed regarding subdivision of any of the remaining properties. Approved Planning Commission Minutes June 21, 2006 Page 11 Director Hurlburt said the recommendation would not stop discussion on the other issues. Commissioner Anderson commended staff for doing a great job advising. Commissioner Anderson said the timeline presented is helpful and it is clear there is past history and intent that the area be kept as a natural preserved green space. Commissioner Anderson said these homeowners were lead to believe that. She said the photos clearly indicate it would not be in the best interest for public safety to have a driveway on 6th Avenue. Commissioner Anderson stated that she doesn't think this proposal is the best in keeping with the neighborhood and character of what this area was meant to be. Commissioner Murdock said she has given this matter serious consideration and has driven by the property numerous times, and appreciates the historical timeline prepared by staff. Commissioner Murdock said technically there is not a lot of discretion because the application appears to meet all standards; however, exceptions are called for in some cases and this is one of those cases. Commissioner Murdock said there were some serious omissions by staff years ago and the City was right on 20 - 30 years ago when it was recommended that the outlot should remain as a buffer. She said it does not make sense to approve for one outlot when chances are that nothing would be approved for other lots because of required variances. Commissioner Murdock said in looking at the character of the area, she concurred with Commissioner Anderson regarding a driveway on 6th Avenue and said she will not support the preliminary plat. Commissioner Clyman asked how drainage would affect Sycamore and the 6th Avenue property. Planner Doty said the drainage would include a swale around the new dwelling and would direct any drainage into the swale and down to the right-of-way for 6th Avenue. Commissioner Clyman said it is easy to become emotional about some issues, and there are legal principles guiding the Planning Commission to vote a certain way. He said there is no legal restriction preventing the property owner from developing and no variance is required. Commissioner Clyman said the City dropped the ball in that the original intent was not included in the resolution. Commissioner Clyman said he feels that we need to approve the proposed preliminary plat based on sound reasoning. He said he is concerned the rest of the properties should not be developed. He said that if the property owners are agreeable, they should have the original intent placed on their deeds. He said he is not in favor of subdivision of all the lots. Commissioner Clyman said when this owner purchased his lot the intent was to divide it and there were no legal restrictions preventing him from subdividing. Commissioner Clyman said Dmitry has demonstrated he is for preserving the natural space and the design is appropriate for the neighborhood. He encourages the City Council to determine what to do with the remainder of the outlot so no development occurs. Commissioner Clyman said he will vote in favor. Approved Planning Commission Minutes June 21, 2006 Page 12 Commissioner Musliner said if it weren't for historical information, she would feel it necessary to vote in favor to support individual property rights, but it does seem a mistake was made on the part of the City. She asked if there is a way to step back to rectify what seems to be historical intent. Director Hurlburt that may be a legal question to be determined in the appropriate venue. She said staff has consulted with the City Attorney, and he will continue to advise the City Council. Commissioner Neset said he will vote in favor of approval because of his belief of the level of discretion as it relates to the City rules and regulations. However, he would rather be voting on whether or not there should be any subdivision of land for the outlot area. Chair Holmes said this is an issue of property owner's rights - the right of the landowner vs. adjacent property owners. He said there are orderly development guidelines and rules and this request falls within all of those rules. Chair Holmes said he will be recommending approval. He said he doesn't necessarily agree with the subdivision process but there are no rules to prevent this from going forward. MOTION by Commissioner Murdock, seconded by Commissioner Anderson, to deny the request by Dmitri Smirnov and Maria Kouznetsova for a preliminary plat for "Jirehel Addition" for two single family detached lots, for property located at 755 Windemere Drive. Commissioner Musliner said she will be voting against the motion to deny, and said she concurred with Commissioner Neset's reasoning. She said the Planning Commission has a legal deed before them. Commissioner Musliner said she still has great concerns with the loss of history for these properties. Roll Call Vote. 2 Ayes. 4 Nays. MOTION fails. Chair Holmes, Commissioners Neset, Musliner and Clyman voting nay. MOTION by Commissioner Clyman, seconded by Commissioner Neset, to approve the request by Dmitri Smirnov and Maria Kouznetsova for a preliminary plat for "Jirehel Addition" for two single family detached lots, for property located at 755 Windemere Drive. Commissioner Clyman said the legality of the issues need to be decided by the City Council because those issues are outside the Planning Commissioners' decision-making process. Roll Call Vote. 4 Ayes. 2 Nays. MOTION passes. Commissioners Murdock and Anderson voting nay. Approved Planning Commission Minutes June 21, 2006 Page 13 7. NEW BUSINESS 8. ADJOURNMENT MOTION by Chair Holmes, without objection, to adjourn the meeting at 9:05 p.m.