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HomeMy WebLinkAboutESKIN PUD - PRELIMINARY ..... SECOND P & Z BOARD HEARING (CONTINUED FROM 12/18/95) - 48-95 - DECISION - MINUTES/NOTESPlanning and Zoning Board Hearing January 8, 1996 Page 9 CITIZEN INPUT Don Carter, 2617 Harvard, stated the covenants for this area states that no lot shall be used except for residential purpose; no building shall be erected, altered, placed or permitted to remain on any lot other than the one detached single family dwelling and private garage attached for not more than three cars; the structure shall not exceed 30 feet in height from the level to the maximum roof height. He stated that the existing development violates these covenants. He believed that this proposal would aggravate the traffic on Harvard. CITIZEN INPUT CLOSED Deputy City Attorney Eckman stated that covenants could be relevant in a court or for other private protective purposes. The problem with using them for the Board's purposes is that the Board is to be governed just by the City's law, the LDGS. Covenants are a way of regulating land use but they are developed privately and are to be enforced privately. He recommended that the Board not use the covenants in their decision making process. Kerrie Ashbeck, City Engineering, stated that the traffic impacts are no different than the existing land use because it is remaining a residence and the office use is not changing or increasing square footage. Member Mickelsen moved to approve Eskin PUD Preliminary. Member Bell seconded. The motion passed 6-0. COUNTRY CLUB CORNERS PUD, THIRD FILING, LOTS 1 & 3. TOTAL PETROLEUM - PRELIMINARY AND FINAL - 372-84F Member Walker stated that the only operations in this area that would be allowed to have 24 hour status is Albertson's and a sit-down restaurant. He asked why this item is being allowed to operate under 24 hour status. Mike Ludwig, Project Planner, replied that the second condition of the Country Club Corners PUD that was approved in 1995 stated that no business with the exception of Albertson's or a standard sit-down restaurant would be allowed 24 hour operation. This Planning and Zoning Board Hearing -- Co�vtL�- January 8, 1996 Page 8 Member Strom commented that the traffic engineer stated there would be an on -going series of improvements over a period of time during which this project would be developed should improve the situation to the extent that the project traffic will not adversely impact beyond the standards. There is a traffic problem on Prospect and it is being addressed and recognized and efforts are underway to correct the problem. Member Bell had concerns that it appears the Board is approving something that is a stand alone island type of a project. Member Mickelsen commented that the focus of this business is highway services. The access that this property has to the highway, Prospect and the frontage road is extensive. She commented that the porosity for the use and designation of this parcel is more than sufficient. The motion to approve failed 3-3 with Members Colton, Bell and Carnes in the negative. ESKIN PUD - PRELIMINARY - 348-95 Mike Ludwig, Project Planner, gave the Staff Report recommending approval. Belinda Eskin, applicant, stated the original proposal was amended to satisfy the neighborhood's concerns about parking and becoming a professional office. The usage would not change from what it is except the unit upstairs would be a rental apartment. The business applications that they would request are those that are allowed under home occupation. Off street parking would be added to the west side abutting the existing commercial property. Member Colton asked about the current parking compared to the proposed parking. Ms. Eskin replied that they currently have four spaces on the east side, which is the maximum allowed by home occupation laws, and would like to put seven spaces next to the commercial property to the west. Chairperson Carnes asked if the parking would be shared parking. Ms. Eskin replied that the access off of Drake would be shared with the State Farm building but the parking would be on their property.