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1 <br />2 <br />3 <br />Regular City Council Meeting <br />DRAFT Minutes of Monday, Jane 18, 2007 <br />Page 19 <br />co-op building, nor its location had changed from the original pro- <br />posal that included the twin homes. <br />4 Councilmember Pust questioned how many single-family homes were <br />5 possible, if the rezoning to multi-family were not granted; with staff <br />6 estimating, based on available acreage at 6.35 acres, approximately <br />7 tweniy singie-family homes. <br />S <br />9 Further discussion included heighi restrictions based on zoning dis- <br />10 tricts; conformity of the City's Comprehensive Plan and Zoning Ordi- <br />l I nance dictated by case law in the courts; and increasing heighi to <br />12 avoid fiituxe lot splits. <br />13 <br />14 Mayor Klausing questioned staff on how much of an impact the <br />15 shadow study had on the Planning Commission decision; and the ac- <br />16 curacy of the information presented; and how staff would apply such a <br />17 test in land use cases. <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />Mr. Stark advised that ther� was a shadow analysis completed by the <br />applicant, as well as one presented by a resident and adjoining <br />neighbor to the project, each drawing different conclusions. Staff did <br />not attempt to evaluate the findings of either study. Mr. Stark noied <br />that the applicant's shadow analysts were present tonight to make a <br />presentation to the City Council; advising that the only consideration <br />staff considered would be the general health, safety and welfare of the <br />community related to the proposed project; and noting that if this were <br />to become a standard for land use considerations, it would need o be <br />applied uniformly. <br />30 City Attorney Squires advised that the City Council needed to serve as <br />31 a finder of fact on issues of judicial permits; noting that competing <br />32 evzdence may be heard, and the Council would need to make a deci- <br />33 sion and place a value on each person's testimony at their discretion. <br />34 City Attorney Squires noted that he had not to--date seen a shadow <br />35 case in land use issues that would provide any guidance, other than <br />36 health, safety and welfare impacts and whether a shadow was suffi- <br />37 cient to deny the case. <br />38 <br />39 <br />