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REQUEST FOR PLANNING COMMISSION ACTION DATE: 04-10-96 ) CASE NO: g(t Department Approval: Agenda Section: Public Hearing Item Description: Legal Description: Kettler Amendment to Rosetown PUD Rosetown Plat, Block 2, Lots 23 and 24 Backeround: The Rosetown PUD and Plant approved in 1995 for the site adjacent to the American Legion is now under construction. The first two units have been constructed. An honest mistake was made in the staking and placement of the building. It is 18 inches south of the original location approved on the site plan. This puts the south building wall 3.5 feet trom the south property line in an area where the city had approved a minimum 5.0 foot setback. The title to these two units may be clouded without action on the part of the city to help clarify/correct the situation. The staff has also found language within the PUD agreement which is ambiguous and needs to be rewritten. No changes in use, density, or other setbacks are proposed. Alternatives: The planning and building staff have reviewed the following alternatives: 1) removing 1. 5 feet of the building, 2) requesting a variance, and 3) amend the PUD as per the City Code Section 1008.07, requiring a public hearing by the City Council and a recommendation trom the Planning Commission. Staff Recommendation: The staff recommends approval of the amendment to the PUD agreement to stipulate that the units or porches located on Block 2, Lots 23 and 24 may set no closer than 3.5 feet to the south property line. The staff also recommends that the language in the PUD be amended to strike the wording "set within 5 feet of the property line" because it is confusing, and in its place add the wording "set no closer than 5 feet to the south property line". Action Sueeested: By motion, the Planning Commission should recommend approval of the amendment to the Kettler PUD including the setback of3.5 feet for Lots 23 and 24 of Block 2, and reword a portion of the agreement to more clearly specific that units or porches on Lots 15 through 22 of Block 2 shall be set no closer than 5 feet to the south property line. A hearing will be held on this amendment by the City Council on April 22, 1996. Report by: Dennis Welsch, 490-2232.