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Regular Planning CommissionMeeting <br />Minutes –Wednesday, March 2, 2016 <br /> <br />Page 30 <br />Member Cunningham noted that if by creating that barrier that could potentially increase <br />1476 <br />crime, it would affect quality of life concerns. <br />1477 <br />While recognizing others may disagree with him, Chair Boguszewski opined that it was <br />1478 <br />too speculative in nature to consider. <br />1479 <br />MemberBull advised that the tipping point for him was the drainage ditch, if it is located <br />1480 <br />in a no man’s land, it created the potential for fences on either side and could create a <br />1481 <br />child safety issue and blocking views of them affecting their protection.MemberBull <br />1482 <br />opined that it would be a disservice to the neighborhood to encourage that; and stated his <br />1483 <br />comfort level would be to install the fence on the other side of that drainage ditch at some <br />1484 <br />point.At the request of Chair Boguszewski, Member Bull clarified that he would consider <br />1485 <br />it closer to the property line so that drainage area was enclosed within the Vogel’s fenced <br />1486 <br />area. <br />1487 <br />Chair Boguszewski noted that, in reality, the residential property owners could still <br />1488 <br />choose to put up a fence on their property line and create that 3” gap. <br />1489 <br />Member Bull opined that was a different issue, one of safety versus maintenance, <br />1490 <br />especially with a Cedar fence. <br />1491 <br />Chair Boguszewski noted that could also involve a barrier type fence located further <br />1492 <br />south near the northern edge of the building so the no man’s land became a no man’s <br />1493 <br />field. <br />1494 <br />Member Murphydeflected the conversation back to this issue and the Planning <br />1495 <br />Commission’s role in analyzing a CU (starting on line 46 of the staff report).Member <br />1496 <br />Murphy noted the role is to determine the facts associated with the request as to the <br />1497 <br />application’s meeting of relevant legal standards and state statute. <br />1498 <br />Member Murphy asked staff to define the issue of future renters and their use in <br />1499 <br />conforming to the city’s zoning code.Mr. Paschke confirmed that any use, whether by the <br />1500 <br />property owner or a tenant, would need to conform to city code and be a permitted use, <br />1501 <br />or go through a similar CU process.At the request of Member Murphy, Mr. Paschke <br />1502 <br />confirmed that Item 10 listed on Ms. McCormick’s requested list of conditions was already <br />1503 <br />sufficiently and inherently addressed in city code. <br />1504 <br />Member Murphy advised his colleagues that he could personally support Condition <br />1505 <br />options 1.B or 1.C if 1.C incorporated the standard buffer as per city code.With that <br />1506 <br />caveat, Member Murphy opined that anything unusual or found lacking in current city <br />1507 <br />code would need to address anything above and beyond this particular site where a <br />1508 <br />chain link fence was previously in place.Member Murphy noted that this was all played <br />1509 <br />out in great detail at the last City Council meeting where it was discussed, as well as <br />1510 <br />Condition 1.B hashed out and well defined.Member Murphy reiterated that he would <br />1511 <br />support either option as a condition. <br />1512 <br />Chair Boguszewski agreed that what Member Murphy just stated was true.However, <br />1513 <br />Chair Boguszewski noted that it didn’t align with what he had said earlier; and by <br />1514 <br />definition the intent of the fence was to screen a particular activity around the parking <br />1515 <br />area versus a true barrier between lots. <br />1516 <br />Member Murphy opined that was what was wanted where residential and commercial <br />1517 <br />properties abut, and suggested changing city code to address it versus having to <br />1518 <br />undertake a similar debate in the future. <br />1519 <br />MOTION <br />1520 <br />MemberDairemoved, seconded by MemberMurphyto recommend to the City <br />1521 <br />Councilapproval of a CONDITIONAL USE allowing limited production and <br />1522 <br />processing as an accessory use at 2830 Fairview Avenue, based on the comments <br />1523 <br />and findings contained, and subject to stated conditions for approval as detailed in <br />1524 <br />the staff reportdated March 2, 2016; <br />amended as follows: <br />1525 <br /> <br />