City Council Minutes 2012 04 03 - Laserfiche WebLink

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City Council Meeting Minutes April 3, 2012 Page 7 of 14 building. During the approval of the structure, it was made clear to the applicant they could not use the accessory structure as a dwelling unit. The proposed subdivision would place the existing home on one lot, and the detached garage on the second lot. The PUD amendment includes adding waivers to setback and minimum lot size requirements on the two new lots. All of the proposed changes to the Parbois Place PUD are associated with the two new lots. The original Parbois Place PUD is not proposed to be modified. The purpose of the PUD amendment is to request relief from the setback and minimum lot size requirements of the Old Town Overlay District and the RM zone district. The PUD process enables the applicant to request waivers to the underlying zoning. The Planning Commission considered this application on March 8, 2012 and forwards a recommendation of denial. Staff reevaluated the proposed PUD amendment and finds it does not satisfy or meet the spirit and intent of the development plan criteria in the Louisville Municipal Code. Staff recommended denial of the application. City Attorney Light explained staff prepared two resolutions for Council consideration; one to approve the PUD amendment and the second to deny it. Conditions could be added in the event the Council chooses to approve the PUD amendment. Findings could be included in the resolution in the event the Council denies the application. City Attorney Light requested the City Council, by motion, include in the record of the documents for the proceeding to include the following: All application materials submitted by the applicant in connection with the subdivision and PUD Amendment application; all materials included in the City Council Packet, which consists of the City Council Staff communications and all related attachments, the PowerPoint Presentation; all written referrals and public comments received regarding the application; and the City's subdivision and zoning ordinances, which are in Title 16 and 17 of the Louisville Municipal Code. MOTION: Mayor Muckle moved to include all the documents outlined by the City Attorney into the record, seconded by Mayor Pro Tem Dalton. All were in favor. Absent: Councilor Yarnell. City Attorney Light outlined the Councils options are to approve, disapprove or remand the request back to the Planning Commission for further consideration. Councilor Jasiak disclosed her husband, Eric Jasiak does serve on the Board of Adjustment, but he was not in attendance for the first meeting when this matter was discussed and he did not participate in the discussion at the second meeting. She did not feel this would influence her judgment in the matter. APPLICANT PRESENTATION