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
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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.
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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
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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
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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
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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,
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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.
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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.
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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
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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.
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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.
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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.
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7. NEW BUSINESS
8. ADJOURNMENT
MOTION by Chair Holmes, without objection, to adjourn the meeting at 9:05 p.m.