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HomeMy WebLinkAbout09/26/1996CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT MINUTES OF MEETING September 26, 1996 1. CALL THE MEETING TO ORDER: The meeting was called to order by Chairman WALKER at 7:34 p.m., on September 26, 1996 in the Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL: MEMBERS PRESENT: Tom Abbott Bill Echelmeyer Robert Walker Robert Howard Linda Mauro Karen Thiessen MEMBERS ABSENT: Paul Hovland Susan Dunker . STAFF PRESENT: Meredith Reckert, Planner Susan Ellis, Code Enforcement Officer James McClanahan, Planning Intern Sandra Wiggins, Acting Secretary PUBLIC SEARING The following is the official copy of the Board of Adjustment minutes for the Public Hearing of September 26, 1996. A copy of these minutes is retained both in the office of the City Clerk and in the Department of Planning and Development of the City of Wheat Ridge. Board of Adjustment Minutes Page 2 September 26, 1996 3. APPROVE THE ORDER OF THE AGENDA Meredith Reokert passed out amended agendas. Chairman WALKER stated the applicant has requested continuance of Case No. WA-96- 32 to October 24, 1996. Additionally, he requested that Case No. TUP-96-11 be heard first and that Case No. TUP-96-10 would .- follow. Board Member HOWARD moved that the agenda for the meeting of September 26, 1996 be amended, motion seconded by Board Member THIESSEN. Motion carried 6-0. 4. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7 of the Public Hearing section of the agenda.) No one came forward to speak. 5. PUBLIC HEARING A. Case No. TUP-96-1i: An application by Janet E. Gunn for approval of a Temporary Use Permit to allow a fifth wheel as a permanent structure and as living quarters on Residential- One zoned property located at 12310 West 42nd Avenue. • Ms. Ellis introduced James McClanahan, Planning-Intern, to the Board of Adjustment members. Mr. McClanahan distributed copies of a letter from Mr. Dana Thompson, 12290 West 42nd Avenue, who was in favor of-granting the Temporary Use Permit. Mr. McClanahan presented the staff report. All pertinent documents were entered into record which Chairman WALKER accepted. Board Member Echelmeyer_5tated he was not certain the applicant's plat map was accurate. He noted a second trailer with a steel carport that extended to the property line. Mr. McClanahan asked for the location of the second trailer.. Board Member ECHELMEYER stated that looking at the plat map projected overhead, it was located at the far left corner. Board Member ECHELMEYER asked what bearing the second trailer might have on the request before the Board, and Mr. McClanahan answered that would depend on its use. Susan Ellis stated that if the second trailer was for recreational purposes it would not have a bearing on the request tonight. The owner of the property would be permitted to store another trailer on his property, so long as no one was living in • it. • Board of Adjustment Minutes Page 3 September 26, 1996 • Board Member ABBOTT stated he was somewhat confused by the wording of the public hearing notice regarding this case. He added that saying a request for a "Temporary IIse Permit for a permanent structure" seemed contradictory. He elaborated, Ms. Ellis said the reason for using the term "permanent" is because the trailer is immobile. It is now permanent until the owner decides to move it elsewhere. Discussion followed regarding conclusion #3. Mr. McClanahan answered that the trailer must remain in its present location and cannot be used as a recreational vehicle since it is used as living quarters. Chairman WALKER asked if the concern was that the trailer might be repeatedly connected and disconnected to utilities, and Mr. McClanahan answered yes. Chairman WALKER stated his objection to the statement in the public hearing notification, utilizing the word '°permanent" to describe the structure. Ms. Ellis stated she saw his point, and staff's intent in using the word °°permanent" was to clarify that the trailer could not be moved on and off the site. She elaborated. Board Member THIESSEN asked about criteria response in #4, where Staff spoke of an "attached structure" being permitted, and Mr. McClanahan replied he was referring to a possible addition to the house on the site. Board Member ABBOTT asked for an explanation of "state inspection standards". Mr. McClanahan stated the Chief Building Inspector has no jurisdiction regarding the trailer as long as the wheels remain attached. However, he added, there are state standards which apply when the trailer is inspected when it comes off the assembly line. Mr. McClanahan stated so long as the wheels remain attached, state standards are the only requirements that apply. Board Member ABBOTT thought it was a Federal standard, not a state standard. He elaborated. Ms. Reckert stated that on a prefabricated, modular unit, City inspections are not required since the unit would be approved by HUD. The City would be concerned regarding attachment to foundation, electrical and utility hookups. Discussion followed. Board of Adjustment Minutes Page 4 September 26, 1996 Chairman WALKER asked how long would the Temporary Use Permit be in effect, if granted, and Mr. McClanahan stated the Temporary Use Permit would expire after one year. Following that, the applicant would have to re-apply. Larrv Davis,-resident of the fifth-wheel trailer, was sworn in. He said he would also speak for Janet Gunn, the applicant. Mr. Davis explained that the second "trailer" is not a trailer, but a small van motor home for recreational use and occasional transportation. He added there is no one living in it. Mr. Davis stated that RVIA standards are the federal standards regulating recreational vehicles. He and Ms. Gunn support staff recommendations and assured those present that the recommendations would be followed should the Board grant the requested Temporary Use Permit. He explained how the utilities were connected. Mr. Davis requested that the TUP be granted for longer than the one-year term. Ms. Ellis informed Mr. Davis that Temporary Use Permits are granted for a one-year period only. She added that Mr. Davis/MS. Gunn would have to apply at the end of the one-year pdriod for a renewal. • Board Member ABBOTT asked about the water supply. Mr_ Davis stated the entire property is supplied water by a well on the property. Board Member ABBOTT asked Mr. Davis what the separation was between the fifth-wheel trailer and the garage and are there garage windows that faced the trailer, Mr. Davis answered no. He estimated there was approximately 15 feet separation between the trailer and the garage. Chairman WALKER asked about another vehicle parked on the property, and Mr, Davis answered it was a boat. Board Member ECHELMEYER asked if the computer business was still being run out of the house on the property, and Mr. Davis answered yes it was. He added that Ms. Gunn has a computer software programming business. He explained further. Board Member ECHELMEYER asked if the business was related to her business in Morrison, Colorado, and Mr. Davis answered Ms. Gunn has a post office box in-Morrison. He added she had complied with required business licenses, etc. Board Member MAURO asked Mr. Davis if his intent was to live in the fifth-wheel trailer for a year and a half, and Mr. Davis _ answered yes, and if the law requires a re-application-after one year, then that would be done. Board of Adjustment Minutes September 26, 1996 Page 5 Board Member MAURO wanted confirmation that his residing in the fifth-wheel trailer would not go beyond a year and a half, and Mr_ Davis answered no. _ __ Board Member THIESSEN asked if the three adjacent property owners listed on Ms. Gunn's letter were in favor of granting the Temporary Use Permit, and Mr. Davis explained that a letter of support had been received from the neighbor to the east; the neighbor to the west had signed the roster to speak; and the neighbor across the street could not attend the meeting tonight. Ms. Ellis informed those present that applicants are required to provide to the City the names and _addresses of adjacent property owners for notification purposes. Aid.a.n R.idlev, 12350 West 43rd Avenue, was sworn in. Mr. Ridley stated he and his family live immediately to the west of the subject property. He stated Mr. Davis and Ms. Gunn were good neighbors and they have taken good care of the property and was in favor of granting the Temporary Use Permit. Board Member ABBOTT moved that Case No. TUP-96-1i, an application • by Janet E. Gunn for approval of a Temporary Use Permit to allow a fifth-wheel trailer, located at 12310 West 42nd Avenue'to be used as a structure and living quarters on R-1 zoned property, be approved for the following reasons: 1. The applicant has demonstrated that a personal hardship exists. 2. The lot is oversized and backs onto Clear Creek open space zoned A-1. 3. The RV is a 1995 model. 4. Fire separation is adequate. With the following conditions: 1. The fifth-wheel trailer in question must meet all state and federal inspection standards. 2. Any power source must be approved by the Wheat Ridge Building and Fire Departments to uniform or national electrical code standards. 3. The trailer must remain immobile at its' present location and shall not be moved in and out of this property during the TUP period. 4. The wheels of this trailer shall not be removed. 5. Proof will be provided to the City that the applicant is hooked into the district sewage system or an adequate septic tank. . Board of Adjustment Minutes Page 6 September 26-, 1996 6. This TUP is granted to the specific persons and under the specific conditions as described within the application and by the testimony provided. Any change to either said persons, said conditions or equipment shall be cause for revocation of the TUP. 7. The TUP shall run for one year. Board Member ECIiELMEYER seconded the motion. Motion carried 5-1, with Board Member HOWARD voting no. B. Case No. T[TP-96-10: An application by Greg Jeffreys for Chesrown Automotive Group, Inc. for approval of a temporary use permit to allow vehicle storage and employee parking on property zoned Planned Commercial Development located at 3601 Wadsworth Boulevard. Meredith Reckert noted this case had been continued from September 12, 1996, and handed out copies of a memo and a revised plan submitted by the applicant. She suggested Board Members take some time to read her memo and look at the revised plan. Ms. Reckert went over changes on the revised plan, staff's -- conclusions, plus the ten recommended conditions. • Board Member THIESSEN asked how many parking spaces would there be in a Certain area; and Ms. Reckert answered she did not know. The plat does not indicate how the lot will be striped. The parking spaces would have to be designed to certain standards, 8 1/2 feet wide by 18 feet long, with aisle widths not less than 22 feet. Board Member MAURO asked when the owner had purchased the property,~and Ms. Reckert answered she would have to research that. Board Member MAURO-asked what created the urgency for the parking lot, and Ms. Reckert referred that question to Susan Ellis,. Code Enforcement Officer. Ms. E11is explained that a number of complaints had been received regarding parking on Yukon Court. She added that employees had used Yukon Court and serviced vehicles had also been parked there. She elaborated. Board Member MAURO asked if growth of the business could account for the urgent parking needs, and Ms. Ellis replied the applicant could answer that question best. Visually, she added, business , growth was evident and a major cause of the problem. Board Member MAURO asked if inventory had been increased, and Ms. Ellis stated-she was not certain. Board of Adjustment Minutes Page '7 September 26, 1996 Ms. Reckert pointed out two access areas from the existing lot. Staff prefers to see Yukon Court closed and let them use their own property. Board Member ECHELMEYER asked where the gate would be placed, and Ms. Reckert pointed out the location for the_gate. She added that Wheat Ridge Fire District would have to approve the gate and location. Board Member THIESSEN asked if the proposed front access would eliminate the landscaping planned for that area, and Ms. Reckert stated that since the plan had been so drastically reduced, staff felt that would be the best compromise and would probably "back off"-on the landscaping requirement. She did think they would fence the perimeter, however. For their own protection, the fencing would be somewhat back from Wadsworth Blvd. Board Member MAURO asked Ms. Reckert to point out where the straw bales would be located. Ms. Reckert did and added this would be done for erosion control. Silt fencing would also be 'installed. Discussion followed. • Chairman WALKER asked what purpose the straw bales served, and Ms. Reckert answered the straw bales were to prevent erosion. Chairman WALKER asked about the north side next to the apartment building, and Ms. Reckert answered that was a retaining wall and Staff has requested buffering with an opaque fence. Board Member ABBOTT asked about a revocable license agreement mentioned by Mr. Lundy, and Ms. Reckert answered she had found a copy of that document. She stated she had FAXED it to the pity Attorney, who then FAXED it to Chesrown's attorney. She added that it might be more appropriate when discussion at Planning Commission and City Council is heard regarding permanent improvements. Board Member ABBOTT asked if our City Attorney had felt the agreement -was not germane to the issue at hand, and Ms. Reckert answered-no, he had not. She elaborated. Board Member ABBOTT asked what had happened to the EPA permit, and Ms. Reckert answered they are required to obtain their 404 permit once they apply to make improvements which encroach into the wetlands. She elaborated, Board Member ABBOTT reiterated that there would be no need to list that as a condition, since City regulations require it, and . Ms. Reckert agreed. • Board of Adjustment Minutes Page 8 September 26, 1996 Chairman WALxER asked Ms. Reckert if the Board should be concerned about the future extension of Yukon Court and Ms. Reckert stated it was not the appropriate time/place to negotiate that. Discussion followed. Board Member MAURO asked how long it would be before the next phase would begin and Ms-, Reckert replied that public hearings before Planning Commission and City Council would be required prior to them proceeding. Being optimistic, it would take at least six months. Board Member HOWARD asked if the two acres of parking they were requesting included the area behind the hay bales and how can parking be restricted behind the hay bales. Ms. Reckert suggested that could be accomplished with fencing or some other type of physical barrier. Board Member THIESSEN noted that she did not have'the original. PCD plan with her, but she thought it showed a building envelope where the temporary parking lot is now, and Ms. Reckert stated she believed that was correct. Board Member THIESSEN asked if allowing a temporary parking lot at that location would be permissible, and Ms. Reckert answered the City would not be committed to any further approvals. Board Member ECHELMEYER asked if a portiop of the approval rested with the Corps of Engineers either agreeing to another wetlands site or an enlargement of this wetlands, and Ms. Reckert stated that the limits had been defined with the blue lines. Board Member ECHELMEYER asked if that was the Corps of Engineers definition, and Ms. Reckert answered she did not believe that it was the Corps of Engineers, but applicant°s ecologist who defined those limits. She explained the difference between the current plan and the previous plan. _ , Board Member ECHELMEYER asked where would the City be if the Corps of Engineers determines that the wetlands extend beyond that current northern point, and Ms. Reckert stated she would let the applicant go through the review procedure with the Corps. Board Member ECHELMEYER said he understood the applicant was not going to proceed until the wetlands question could be resolved with the Corps of Engineers. Ms. Reckert stated there was a difference of opinion regarding what the Corps considers resolution and what the City considers resolution. The City does not consider it resolved until . Board of Adjustment Minutes September 26, 1996 Page 9 approved is received from Planning Commission and City Council regarding long-term use of the property. Chairman WALKER stated that he understood that in order to go forward as proposed previously with grading the entire site, even with the Temporary Use Permit, the applicant could not begin until fully resolved with the Corps of Engineers. He elaborated. Ms. Reckert stated that the problem the City staff had encountered was on approval of the entire grading plan for the site, there was a presumption that the plan had been approved, even without Planning Commission and City Council approval and probably beyond the scope of what the Board of Adjustment has jurisdiction to approve. Chairman WALKER asked if they approve this proposal would-it pre-empt Planning Commission or City Council approval, and Ms. Reckert replied no. .Board Member HOWARD asked if there has been a revision to Chesrown's application, and Ms. Reckert answered no. Board Member HOWARD asked how are they to determine what they are requesting and what will be allowed and Ms. Reckert said they concurred with and provided the site plan based on the fact that • staff recommended denial, but they have agreed to staff's conditions of approval. Board Member MAURO asked what would happen if they approve this temporary request and the Army Corps of Engineers says the wetlands. have a different boundary, and Ms. Reckert replied-they would have to re-adjust, and again there is only that one corner that staff is concerned with. Ms. Reckert agreed there is no chance to know the Corps of Engineers answer because usually they move pretty slowly. Greg D. Jeffreys, (previously-sworn in) representing Chesrown Automotive, said the Corps of Engineers have been on the site three times and did define this area (3.7 acres) in question-to be wetlands and said we could either deal with this on-site or go off-site. They did find three pieces of property in the Clear Creek basin that meet the Corps of Engineers standards for off- site mediation and are in negotiation at this time for purchase of one of these properties. Mr. Jeffreys stated the necessity of the temporary parking is expansion and not inventory and that the sales and service is creating the growth. The property was originally bought to handle the immediate temporary parking facilities. He feels it has become quite evident that until they get their 404 permit from the Corps of Engineers everyone has a red flag on this • issue. This area will facilitate 200-250 cars with proper lanes. They want to fence the entire area off for security for-the Board of Adjustment Minutes Page 10 September 26, 1996 automobiles. Mr. Jeffreys added he has no argument with the rest of the recommendations and stipulations. Board Member ECHELMEYER asked if this request is less than the original application, and Mr. Jeffreys replied yes, the request is for two acres which is under 200 of the whole site. Discussion followed regarding going off-site with the wetlands proposal. Mr. Jeffreys spoke on the detention pond saying it will be no different than any other pond on any other development in any other part of the city. It is to handle storm water drainage and mediate it to a point where it will flow into storm water sewage. Board Member THIESSEN asked how many employees at Friendly Ford will be using this parking lot, and Mr. Jeffreys replied about 90 people. Board Member THIESSEN questioned what kind of lighting will be used on the lot and Mr. Jeffreys said they will not impose any lighting on the parking facility itself __ There will be 3-4 halogen lights placed on the side of the building, and they will be able to be seen, but very minimal. Discussion followed. • Board Member HOWARD wanted to know how many feet in depth will the dirt be, and Mr. Jeffreys replied to ask his engineer for the actual footage. However, the old plan created a huge amount of dirt to be moved but there is no.t much dirt called for on this plan and most of it will be feathered out so it is aesthetically pleasing. Board Member MAURO asked how many parking spaces will be provided and Mr. Jeffreys replied using rule of thumb measurements there will be about 300, and they will be using 200-250 spaces. The vehicles other than employees will be vehicles waiting to be serviced. They can pull 150 vehicles out of the existing dealership just to create legal and safe thoroughfares through it. He-added there would be absolutely no new cars for sale on that lot. Board Member HOWARD wanted to know what the setbacks proposed from Wadsworth to the. front fence are, and Mr. Jeffreys replied he would probably propose it to be 15-20 feet. Board Member ECHELMEYER asked if the motor company promised the city one additional lane for Wadsworth, and Mr. Jeffreys answered he does not know. Ms. Reckert commented they have around 45-50 feet now, but when they come in with their rezoning procedure that will looked at. If their is 'any future building with permanent improvements they will have to do a full lane construction, however, this point we do not have to be worried • Board of Adjustment Minutes September 26, 1996 Page 11 about it. Board Member ECHELMEYER thought the right of way issue would have to be considered for this temporary permit and Mr. Jeffreys said this temporary permit is just for a temporary situation and they would not need to address any of those issues until they went on with the project and made further improvements. Board Member ABBOTT asked staff if the Board should be looking at the setback of-the fence or some sort of buffer, and MS. Reckert answered that would be advisable as they have somewhat of a buffer of 1D-15 feet now, but an additional buffer of ZO feet would be appropriate. She added one thing to remember is there is no sidewalk on Wadsworth and they need to make sure there is a path for pedestrians. Board Member HOWARD said with the solid fence should they be concerned with the sight triangle in the driveway, and Ms, Reckert answered no, because it is a private access and not an intersection, and only 15 foot on each side. For a safety perspective they will want to keep a clear view anyway. • Chairman WALKER asked Mr. Jeffreys since there is no setbacks stated, would there be an objection to having the fence lin® match the front of the present building, and he replied he has no qualms with that. He said in fact the setback will, be a little further than that and there will be no ingress/egress onto Wadsworth from the lot. Discussion_ followed regarding internal flow of automobiles. Tim Brown, 1360 So. Clarkson Street, was sworn ixi. He reminded the__Board that they did hire an ecologists who deals with wetlands. Mr. Brown said anytime the wetlands area is over one acre in size the Corps of Engineers takes jurisdiction and went over the background. Mr. Brown said they will try to do their litigation off-site and have a 2 mile radius to choose from which will put them right along the Clear Creek basin. Board Member ECHELMEYER asked how long will this whole process take, and Mr. Brown explained, their plan saying some of the sites are not worth much and are an eyesore. They will go in and create a wetlands and basically develop a property that would not be otherwise improved. Board Member ECHELMEYER thought most of the sites are Coors property and Mr. Brown answered no, a lot of them are privately • owned or owned by other companies. The Corps said the applicants have to stay within that two mile radius and the sites they are • Board of Adjustment Minutes Page 12 September 26, 1996 looking at are around 64th and Pecos Street. Mr. Brown explained the steps in their plan for erosion control. Board Member THIESSEN is concerned with the area of the parking lot that butts up against the wetlands. She asked how can they have something so close to the area that is so low and flat and have it be level with the rest of the area without anything happening where the sections meet, and Mr. Brown replied the silt fence will go up first and it will protect the wetlands from any type of heavy equipment going in and also from any silt. There will be an elevation change from the wetlands up to the parking lot. Board Member THIESSEN asked if -64th and Pecos Street is within a two mile radius, and Mr. Brown answered affirmatively. She said she hates to see it leave Wheat Ridge, and Ms. Reckert commented that there is not a lot of room in Wheat Ridge to absorb an .additional four acres. Board Member ECHELMEYER asked if staff is in position to force them to tear up the parking area if in one year they deczde to go off-site, and Ms. Reckert explained by then the wetlands will • still be untouched. They are recommending approval to_this revised plan because the applicants are not touching the wetlands, however there are still several things the applicant will have to address regarding erosion control. Mr. Brown added in that the 404 Permit will not be issued until all the problems are resolved, and no construction can begin until the permit is issued. Board Member ECHELMEYER questioned if this permit applies to this wetlands or the proposed wetlands, and Mr. Brown answered it is all one package; the destruction of one wetlands and the mitigation has to occur at the same time. The temporary use permit for this parking lot they are seeking now will not destroy or damage any of the wetlands. Board Member ECHELMEYER stated he cannot see how the applicants can go in and grade a four foot level area without shifting dirt and gravel into the wetlands. Ms. Reckert replied they will,be shifting dirt but will not be allowed to put it in the other areas. Mr. Brown explained further saying the_ wetlands will not be changed or modified in any way.' Board Member ECHELMEYER wanted to know what kind of retaining wall will be put in on the south end, and Mr. Brown answered-none at that end. All df the water runs to the center of the O development and the hay bale dike will protect the wetlands from any kind of erosion. -Ms. Reckert added a grading permit will not be issued until the Public Works Director has reviewed and • Board of Adjustment Minutes September 26, 1996 Page 13 approved the drainage report. It was noted the dirt on the. south end will be gradually sloped and it will be seeded as part of the erosion control plan. Tom Lundy, 3500-02 Allison Street, was sworn in. He was concerned as to where. the access will be. Mr. Brown explained -- - the current dealership has an access that will lead to the parking lot; there will be no direct access from Wadsworth to this site. He added there-will be access onto W. 38th Avenue. At this time there is employee parking on Yukon so they do .have. access onto Yukon, however that would be the long way around. Mr. Brown continued saying there is no legal or real safe access from the site to Yukon and this will alleviate all -of that. Further access from different directions, traffic and parking on Yukon and the extension of Yukon were discussed. Mr. Jeffreys added this temporary parking facility will alleviate a lot of problems that are within a three block radius. Ms. Reckert said Mr. Lundy is concerned with the traffic on 35th and Allison and staff will have to take a good look at the permanent development plan when it comes in. -Board Member WALKER • commented this piece of land has been subject to future commercial development for all of these years and it is a continual problem. Congestion and traffic are a ever growing problem and he does not think they can stop all commercial development when it is already designated that way. Mr. Lundy .said all they are asking for is a road so that 35th and Allison Street does not pile up tremendous amounts of traffic. Miriam Hanna, 7770 W. 38th Avenue, representing the Wheat Ridge Plaza Homeowner's Association, previously sworn in, spoke on her. concern regarding the access to their private property. She sated they have no problems now as long as the applicants do what they say they are going to do. They do want to go on record objecting to any access to-their private property. No further questions were asked. Board Member THIESSEN is concerned about the proposed parking lot right on the edge of the wetlands and she would like to see-the applicant moving it a little bit further away from them. Board Member MAURO has reservations regarding the hardship factor and expressed her concern about the time frame. She would-like to see all the areas that are road based fenced in. • Board Member ABBOTT feels there are financial and neighborhood. hardships. • Board of Adjustment Minutes September 26, 1996 paSe14 Board Member ECHELMEYER wanted to know who controls the parking on Yukon Court now, and Ms. Reckert said the police department. Discussion followed. No further questions were asked. Motion was made by Board Member ABBOTT that Case No. WA-96-32, an application by Chesrown Automotive Group, be APPROVED, for-the following reasons: 1. The site plan and resultant improvements are located outside of the area designated as wetlands. 2. Proper grading and erosion control will occur with the proposed improvements. There should--be no negative effect on the wetlands area. 3. Access to Yukon Court will be for emergency vehicles only. There will be no negative impact to the residents on Yukon court regarding traffic to and from the lot. 4. Removing the employee vehicles from Yukon Court wi13 have a positive effect on the convenience of persons living on Yukon Court. 5. _ Proper screening will assist in providing minimal negative • effect on aesthetics in the area. 6. The issue of the Allison Street revocable license agreement has been reviewed by the City Attorney. WITH THE FOLLOWING CONDITIONS: 1. That no more than one TUP extension be permitted. Long-term use of the Planned Commercial Development should be formally approved by the Planning Commission and City Council with full compliance with an approved development plan. 2. Yukon Court be gaited at the north property line for emergency access only. Internal access will be allowed only to the TUP site. 3. No parking will be allowed in the area from the hay bales west to the western property line as per the diagram. 4. A six-foot-high opaque fence be erected along the straw bale dike as per the diagram. 5. A six-foot-high opaque fence be erected along the northern property line east of Yukon Court, as per the diagram. 6. There shall be no stock-piling of fill on the remainder of the property. 7. No signage will be allowed on the property. 8. If lighting occurs, a permit be obtained and all City standards be met. 9. Improvements at the southwest corner follow the limits of construction'shown on 'the plan. • Beard of Adjustment Minutes September 26, 1996 Page 15 i 10. An approved grading and erosion plan be submitted and approved along with an excavation permit issued prior to any work done on the site. Sufficiency of erosion control shall be inspected by the City with regularity. Erosion caused by earth moving and construction activities shall be controlled. 11. Every effort will-be made by Chesrown management to preclude off-site parking by employees or inventory or service parking and to maintain adequate emergency access to the site. 12. A physical barrier, sufficient to prevent vehicle parking, shall be constructed along the southern boundary of the shaded area of the diagram. 13,. The fencing along Wadsworth shall be set back from the existing curb a minimum of 20 feet. 14. The parking area shall not encroach closer than 30 feet to the wetlands perimeter, as described in the diagram and modified at the meeting. Motion was seconded by Board Member HOWARD. Motion carried-5-1 with Board Member MAURO voting no. Resolution attached. S. CLOSE THE PUBLIC HBARING . 6. OLD BUSINESS A. Discussion followed regarding the memos given out prior to meeting. 7. NEW BUSINESS A. Motion was made by Board Member ECHELMEYER, seconded by Board Member THIESSEN, to start the October 24, 1996 meeting at 7:00 p.m. Motion carried. B. Discussions followed regarding follow up on conditions placed in motions, and previous cases. C. Approval of Minutes: Continued until next meeting. ADJOURNMENT Motion was made by Board Member ECHELMEYER, seconded by Board Member MAURO to adjourn meeting. Meeting adjourned at 10:],5 p.m. ~~nc~llc a 1~ tlC1S ~~~c, Sandra Wiggin Secret • Mary `i,o hapla, Secretary B O A R D O F A D'J U S T M E N T • PUBLIC FORUM ROSTER - September 26, 1996 - THIS IS THE TIME FOR ANYONE TO SPEAK ON ANY SUBJECT NOT APPEARING UNDER ITEM 3 OF THE PUBLIC HEARING SECTION OF THE AGENDA. Name and Address Please Print • •