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HomeMy WebLinkAboutPlanning Commission Minutes 09-07-2016Proposed Minutes Planning Commission Meeting September 7, 2016 5A MEMBERS PRESENT: Chair James Davis, Commissioners Marc Anderson, Donovan Saba, Jim Kovach and David Witte MEMBERS ABSENT: Commissioners Julie Witt and Gary Goldetsky STAFF PRESENT: Planning Manager Barb Thomson, Senior Planner Marie Darling, Senior Planner Shawn Drill OTHERS PRESENT: 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 Witte, to approve the September 7, 2016 Planning Commission Agenda. Vote. 5 Ayes. MOTION approved. 5.CONSENT AGENDA A.APPRO VAL OF THE AUGUST 17, 2016 PLANNING COMMISSION MEETINGMINUTES B.BEAUTIFUL SAV IOR LUTHERAN CHURCH (2016049) Approve a site plan amendment for a building addition at 5005 Northwest Boulevard. C.PAibASSOCIATES LLC (2016063) Approve a site plan and variance for a new commercial building on the south side of 61 st Avenue/Shenandoah Lane near the northeast corner of County Road 4 7 and Vicksburg Lane. (2016063) MOTION by Commissioner Kovach, seconded by Commissioner Saba, to approve the consent agenda. Vote. 5 Ayes. MOTION approved. Approved Minutes 1 of 2 Meeting of September 7, 2016 6.NEW BUSINESS A.JACQUELINE EVERS (2016064) Chair Davis introduced the request by Jacqueline Evers for a home occupation license for a counseling business to be called "Forever Counseling" for property located at 3430 Merrimac Lane. Senior Planner Darling gave an overview of the staff report. Chair Davis introduced Jacqueline Evers, the applicant, who stated she had nothing to add. Commissioner Witte noted the reference to the HOA and covenants and that the activities would not violate the covenants. He asked if there was a formal letter stating that. Ms. Evers responded that the documentation was amended after the original documents were prepared, but the section dealing with home occupations was not changed and home occupations are allowed. She stated that was recently confirmed in an e-mail from the president of the HOA and that was sent directly to Ms. Darling. Planning Manager Thomson noted that HOA approval is a separate process from the city approval process and does not affect the city's process. Commissioner Witte agreed, but noted that as the president of an HOA with covenants, he gets asked this question a lot. He stated that covenants are put in by the developer and run with the land and are recorded against all the lots. He said people buy the lots subject to the rules set forth in the covenants. He continued that the HOA is put in the awkward position of having to enforce them and we don't want to see that happen. He stated he would rather see someone coming to the Planning Commission where there is not an issue as we don't want to see Ms. Evers face a lawsuit by her HOA. MOTION by Commissioner Witte, seconded by Commissioner Anderson, to recommend approval of the request by Jacqueline Evers for a home occupation license for a counseling business to be called "Forever Counseling" for property located at 3430 Merrimac Lane. Vote. 5Ayes. MOTION approved.' 7.ADJOURNMENT MOTION by Chair Davis, with no objection, to adjourn the meeting at 7:12 P.M. Approved Minutes 2 of 2 Meeting of September 7, 2016