Planning Commission Minutes 2018 08 09

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Planning Commission Meeting Minutes August 9, 2018 Page 3 of 12 Hsu asked if there were waivers to be considered for the ditch easement and how the waiver procedure worked. Dean stated that the applicant did not ask for a waiver. They will be addressing the issue before coming to Council. She added that the Commission would not have to re - review the waiver. Zuccaro asked the Hsu put his opinion about the waiver on the record. Hsu requested a discussion on the setback requirements and what would be required in the waiver. Dean stated that they would need a zero -foot setback. The approved lot did not encroach into the area in question, but the design of the houses required pushing the boundaries out to meet the setback requirements. Staff prefers not to plat property with ditch easements to avoid conflict of interest. Brauneis asked about the zero -foot setback. Zuccaro described that staff thought about the process as improving a PUD that had already been approved. Those improvements triggered the setback changes, since staff did not think the applicant's original request for a no -build zone was enforceable. As a workaround, staff recommended the setback waiver. Any portion of the building could go up to the setback line but not over the line. The actual setback requirement was 5 feet from the sides and 10 feet from the front. Hoefner asked why we were still seeing issues in August 2018 that were raised in April of 2016. Hoefner asked if the applicant had been sitting on the application or if Public Works was driving the delay. He expressed a concern that the long list of conditions will change between Planning Commission and City Council. Dean responded that staff had been working through conditions over the past year. Some of the points have not been finalized to the point where Public Works could sign off. Zuccaro stated that having this many conditions was unique but staff felt that the conditions were doable before the City Council meeting. Staff was also requiring completion of the conditions before the applicant goes to Council. Hoefner asked if they could make a recommendation that substantial changes be remanded to the Planning Commission. Zuccaro stated that they could. Hoefner asked about the open ditch. Dean replied that the ditch company asked that the water be piped and had compromised with a more narrow easement. After talking to staff, the applicant has agreed to have it piped. Williams asked about the setbacks on Lot 18 and if there was water where the building would be built.