City Council Minutes 2001 07 03 - Laserfiche WebLink

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Louisville City Council Meeting July 3, 2001 Page 13 Sisk stated that he supported the change, however, the $775.00 fee is the cost of the process. He explained to Edwards that in essence he is a developer and subject to paying the fees. Sisk asked about the process that brings in the entire Cedarwood Park Subdivision into the PUD without filing a petition. He asked for a mechanism that would allow a rapid resolution of future landowners. City Attorney Light addressed the question of the necessary signatures on the application. He stated that the PUD statutes state that the City itself can carry forward an amendment to the PUD with or without the signatures of the affected owners. He stated that the City's approval to an amendment to a PUD does not affect the rights of the other owners, occupants and tenants to enforce the provision of the plan, if they choose to do so. He stated that if the City approved the change it does not prevent the owners and occupants there from attempting to enforce the provisions of the old PUD plan. He concluded that a petition does not have to be signed by every homeowner. Sisk asked for clarification if the City was bringing in the amended PUD. Light stated that the applicant brought the amended PUD forward. Light explained that the Board of Adjustment, under the PUD statutes, does have the ability to grant variances. That was the process that the applicant chose and was not successful. Howard asked why the Board of Adjustments denied the applicant. Edwards stated that his request was denied because it did not meet the criteria. He explained that it was determined that the request was not unique to a single lot. Howard asked for clarification from Planning Director Wood that the fees are established on the actually City costs. Wood stated that the fee structure is related to the resources going into the project. City Administrator Simmons confirmed that the fees are based on the City's actual cost. Howard voiced his opinion that the fees covered the City's actual cost and should not be bore by the taxpayer, but by the applicant. Howard asked Planning Director Wood how a request for a 15' addition to a kitchen became a minimum 30 percent lot coverage amendment to the PUD. Wood stated that the next best benchmark in the restrictive R-L zone district is minimum 30 percent of the lot coverage. He stated that the 30 percent was coupled with the 2,000 SF, which ever is greater. Howard asked if any other homeowner in the subdivision has come forward. Wood responded no. 13