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Regular Planning Commission Meeting <br />Minutes – Wednesday, May 4, 2016 <br />Page 6 <br />speaking. Therefore, Mr. Lloyd advised that the intent of the revised language was not to <br />251 <br />be brief, but address the actual reality of working with simple shapes, whether that meant <br />252 <br />rectangles, squares, cones or pie shapes, with it being hard to characterize as <br />253 <br />directionally-linear. As to who decides, Mr. Lloyd noted that ultimately the City Council <br />254 <br />had that role as the final body reviewing and approving or denying subdivision request. <br />255 <br />As to what is too irregular, Mr. Lloyd admitted he wasn’t sure he could specifically <br />256 <br />address that, and may have to rely on a lot as it related to other parcels like it in that <br />257 <br />location or with a more objective review. <br />258 <br />In such a situation, Chair Boguszewski asked what recourse an applicant would have if <br />259 <br />they submitted an application and it was deemed by staff as too irregular, and how they <br />260 <br />could appeal that decision. <br />261 <br />Mr. Lloyd advised that staff can support or not support an application and make a <br />262 <br />recommendation accordingly to the City Council. However, if that body determined <br />263 <br />differently from staff’s recommendation, Mr. Lloyd opined that the appeal process would <br />264 <br />be subject to court relief if not applicable for the City Council serving in their role as the <br />265 <br />Board of Adjustments and Appeals. <br />266 <br />At the request of Chair Boguszewski, Mr. Lloyd clarified that the application would not <br />267 <br />end at the staff level, but the applicant could decide if they wanted to see the application <br />268 <br />process through to the Planning Commission and City Council even without staff’s <br />269 <br />support; or they could choose to withdraw their application and not spend time and <br />270 <br />money to ultimately reach a potential similar point later on. <br />271 <br />Member Daire opined that it struck him that there were fewer and fewer options for <br />272 <br />development and subdivisions in Roseville; and if situations developed with enough <br />273 <br />caveats or ways our for a property owner’s development rights to not be unduly limited, <br />274 <br />as fewer opportunities are available, more qualifiers were needed to address that <br />275 <br />possibility. Having been part of a planning staff once, Member Daire, expressed his <br />276 <br />sympathetic recognition of staff’s desire to open the door to development but at the same <br />277 <br />time have the ability to defend the rationale for that development. <br />278 <br />Mr. Lloyd agreed that was valid on the city’s point for rationale requirements and <br />279 <br />adherence with them or variance requests; but noted the city didn’t need to facilitate an <br />280 <br />infinite number of subdivisions unless proven acceptable with the intent of the city’s code <br />281 <br />as indicated by the Lot Split Study report supporting continued allowance of parcel <br />282 <br />subdivisions as appropriate. Mr. Lloyd noted the numerous building permit applications <br />283 <br />coming through the city for home additions to homes built in the 1950’s without enough <br />284 <br />space unless encroaching on setbacks, it prompted many variance requests in the past. <br />285 <br />Rather than leaving such over-limiting requirements in place when the city consistently <br />286 <br />approved those previous variance requests in the past, Mr. Lloyd opined it had prompted <br />287 <br />the city to now be in this position when a parcel was large enough to accommodate a <br />288 <br />subdivision. Mr. Lloyd also noted that the easier subdivisions had already been done, <br />289 <br />leaving those more challenging to remain. Therefore, if the city continues to support <br />290 <br />those subdivisions, Mr. Lloyd opined that it made sense to have regulations in place <br />291 <br />rather than requiring an applicant to come forward with a variance request. <br />292 <br />Chair Boguszewski closed the public hearing at 7:33 p.m.; no one spoke for or against. <br />293 <br />MOTION <br />294 <br />Member Cunningham moved, seconded by Member Murphy to recommend to the <br />295 <br />City Council APPROVAL of the proposed AMENDMENTS (Subdivisions) to <br />296 <br />Roseville City Code, Section 1103.06, based on the comments and findings of the <br />297 <br />staff report dated May 4, 2016. <br />298 <br />Chair Boguszewski stated his agreement with this revised language and indexing it to <br />299 <br />underlying zoning. However, Chair Boguszewski also agreed with Member Bull’s <br />300 <br />concerns in not having “wishy-washy” terms, while at the same time he offered his <br />301 <br />support for paragraphs one and two providing more factors for consideration of and not <br />302 <br />limiting subdivisions, but outlining a process before seeking a variance. Chair <br />303 <br /> <br />