City Council Minutes 2006 03 21 - Laserfiche WebLink

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City Council Meeting Minutes March 21, 2006 Page 11 of 15 forwarded a recommendation of support with the following condition: 1) The property owner shall convey a deed of easement to the adjoining property owner at 109 W. Spruce Street for the structural encroachment and an associated maintenance easement. The deed of easement shall be recorded prior to or in conjunction with the recordation of the final subdivision plat. Mayor Pro Tem Brown disclosed a personal relationship with Mr. Gaddis. He stated Mr. Gaddis and he have been friends for many years. He stated he has no knowledge of, or interest in this application. He asked City Attorney Light if his disclosure presents a conflict of interest in reviewing and voting on the resolution. City Attorney asked Mayor Pro Tern Brown if he felt he could proceed with the application in a fair and unbiased manner and not be influenced by his personal relationship with the applicant. Mayor Pro Tern Brown stated he was confident he could review the application in a fair and unbiased manner and would not be influenced by his personal relationship with the applicant. City Attorney Light stated Mayor Pro Tern Brown has disclosed his personal relationship with the applicant, and stated his ability to review the application in a fair and unbiased manner, therefore it would not constitute a conflict of interest. Mayor Sisk requested an Applicant presentation. Gary Hillam, 665 Tamarisk Court, Louisville, CO stated the proposed subdivision is consistent with the Savage and Treehaven subdivisions. The subdivision requires minimal infrastructure, because all the utilities have been installed. He stated the proposal is conservative in nature and it is their intention is to preserve the integrity of the neighborhood and enhance the value of the neighborhood. Mayor Sisk requested public comment. James Richard, 401 West Spruce Street, Louisville, CO voiced his support of the proposal. He felt it would be consistent with the neighborhood. COUNCIL COMMENT Mayor Sisk asked Mr. Hillam if he supported the Planning Commission's condition for the easement. Mr. Hillam confirmed he supported the easement. City Attorney Light clarified the easement establishes recognition of the barn encroachment however it does not constitute a land use approval. If the barn was demolished or destroyed to more than 50% of its value, its replacement would be evaluated on its own merits, under a building permit process or a land use process. The creation of an easement does not mean the barn will always