2008-08-05 P & Z - Approved - Laserfiche WebLink

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City of Centerville Planning and Zoning Commission August 5, 2008 City Administrator Larson stated that they would conform to Rice Creek's so there is no confusion. Commissioner Wood stated that they should put a footnote in the Zoning Code that references that. Councilmember Broussard-Vickers stated that she would not want to tell someone 50 feet, and then Rice Creek changes its requirement to 100 feet. The Commission agreed that they should follow whichever restriction is more restrictive. d. 154.171 -Tree Planting City Administrator Larson discussed 154.171, Tree Planting, which is on page 54 of the Zoning Code handout. He stated that they would rather not have boulevard trees in that 15 feet area either, and they should have to be off of the right of way. He added that that would eliminate conflicts with the utilities, and it would make them private trees. Fifteen feet, in most cases, would put the trees on a property line or on private property. e. Variance Language City Administrator Larson discussed the Court decision regarding the County. He stated they did not know for sure what the Court intended. It was the worse possible scenario, regarding a lake lot, where no survey was required. The owner built the house and, after it was built, it did not meet the setback requirements. The County made the owner apply for the Variance. The Planning Commission did not see a problem with it. The Hearing said they have to consider it as not apre-existing condition. The Justice needs an approval and the issue of having to tear down house was a factor they could consider. In this case, the County should use practical difficulty, rather than hardship. City Administrator Larson stated that this will have to be discussed further. City Administrator Larson stated that there are separate Statues separating States and Counties. f. Interim Use Permits City Administrator Larson stated that Interim Use Permits have atime-specific threshold. He stated that they have done some that were issued for a specific user. Then, when someone else moved in, the new owner had to reapply. City Administrator Larson added that they may need to add more to the District requirements later to identify the uses in each District that might be considered for Interim Use Permits. g. Mailboxes City Administrator Larson stated that Mayor Capra requested that the Commission discuss mailboxes. They have realized that they are not meeting the Ordinance. Mayor Capra would like the Commission to decide whether or not it should still be necessary to cluster a certain number of mailboxes on one post. Page 7 of g