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City Council Meeting Minutes January 8, 2013 Page 14 of 16 a requirement within the PUD to demolish the easternmost building on Lot 3 prior to the issuance of a Certificate of Occupancy for Building 4. The Parbois Place PUD maintains a development restriction of 15 units based on the subdivision's total land area (52,000 SF) and the existing underlying zoning (1 unit for.every 3,500 SF). The 15 unit density requirement was tied to the demolition of existing structures located on the property to ensure compliance. The PUD linked the release of the Certificates of Occupancy of units 9 and 10 in Building 4, to the required demolition of the home in Lot 3. The PUD allowed a redistribution of the 15-units within the subdivision; but the PUD did not authorize an increase in density. The Subdivision Plat created and retained that some 7,000 SF lots were allowed only a single primary structure. One specific action restricted Lot 3 to a single residential unit despite being larger than 7,000 SF. Currently there are two primary residential structures (units) on Lot 3. City Council Resolution No. 25, Series 2009 specifically conditioned the demolition of three existing structures no later than 36 months after the date of Final Plat and PUD approval. The single family house on Lot 4 has been demolished, but the easternmost home on Lot 3 and the garage on Lot 6 have not. The resolution requires the buildings to be demolished by July 7, 2012. On October 26, 2012, the Planning and Building Safety Department notified the owners of Parbois Place, Lots 3 and 6 and Building 4 (Units 9 and 10) of their non-compliance. The owner of Building 4 submitted a PUD amendment request to eliminate the link between the demolition and the Certificate of Occupancy. Staff is proceeding with enforcing the City Council Resolution, the Subdivision Agreement and PUD and the Planning Commission will review the non-compliance issues on February 14, 2013. Staff supported removing the linkage between the demolition on Lot 3 and COs for Building 4. The Planning Director has the administrative authority to amend the PUD and remove the demolition requirement to the garage structure on Lot 6. The PUD allows a single family home on Lot 6, where currently the garage structure is located. Lots 5 and 6 are owned by a single owner. Staff recommended the restriction on the issuance of Certificates of Occupancy for Building 4 be severed from the requirement for demolition of the easternmost residential structure on Lot 3. This allows the construction of Buildings 2, 3 and 4 to proceed and removes the barrier to issuance of the first CO for Building 4 which, under the current PUD, is dependent upon demolition activity on a separate Lot. APPLICANT PRESENTATION Jeff Hofstrom, representing the applicant Hofstrom, LLC, thanked the Council for reviewing the application and stated he was available to respond to Council questions. MOTION: Council member Loo moved to approve Resolution No. 4, Series 2013, seconded by Council member Jasiak. All were in favor. Absent: Council member Yarnell.