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provisions: 1. On-site grading must be verified in the field to insure that drainage is not diverted to adjacent properties. 2. Prior to site grading, and before any utility construction is commenced or building permits are issued, an erosion control plan must be submitted for approval and all erosion control actions shall be implemented and inspected. A general discussion ensued regarding the definition of physical hardship and the means of varying setbacks. Member Klausing asked if there was a precedent being set in this case. Member Rhody explained no precedent is being set. Member Mulder explained that other designs could be utilized on this site. If this is an original design, it should be designed to meet the setback. There is no physical hardship. Member Wilke asked that the applicant be given an opportunity to redesign the structure. Chair Harms said she could not support the application. On a roll call vote: Ayes: Klausing, Wilke, Rhody Nays: Cunningham, Mulder, Olson, Harms Motion failed 4-3. Member Cunningham said the design could be altered to meet the design. Member Olson agreed. Chair Harms and Member Mulder said they were not opposed to impervious surface variance (a general consensus among members). Gc. Planning File 3094. College Properties, Inc. is requesting an amendment to a Planned Unit Development to allow a parcel to be added to the PUD and the expansion of Country Inn and Suites by adding 24 rooms and a 110 seat restaurant. The development will also involve the removal of the existing Benjamin's Restaurant on the property added to the PUD. The properties are located at 2887 and 2905 Snelling Avenue. Chair Harms opened the hearing and requested Dennis Welsch to present a summary of the staff report dated January 13, 1999. Paul Sentmann representing College Properties, Inc. answered questions by the Commission members. Dave Seaberg asked for details of the driveway on the west side of the proposal. There being no further comments, Chair Harms closed the hearing. Motion: Member Cunningham moved, seconded by Member Olson, to recommend PUD concept approval of the request to amend the boundary of College Properties/EagleCrest PUD to add approximately 1.2 acres in order to increase the size of the Country Inn and Suites building to allow for a three story addition, consistent in design and materials with the existing building, within which 24 more lodging units and a restaurant will be constructed, based on the findings outline in the staff report of January 13, 1999, and with the following conditions: 1. The site must be developed in accordance with the staff corrected plans submitted and approved in conjunction with the request for an amendment to the approved planned unit development (site plan; grading, drainage, erosion control, & utilities plan; concept landscape plan; building floor plan; and exterior building elevations all dated 12/14/98). Minor variations from the approved site plan may be approved by the City's Development Review Committee, under the direction of the Community Development Director. However, any substantial departures from the approved site plan will require another amendment to the planned unit development. 2. Final grading, storm sewer, and utility plans must be reviewed and approved by the City Engineer/Public Works Director. Since the impervious surface on the site will increase, the applicant will need to contact the Rice Creek Watershed District for permit requirements. A final landscape plan must be submitted to the City Landscape Architect for approval. 3. The erosion control plan must be submitted in conjunction with site development. On a roll call vote: Ayes: Harms, Mulder, Klausing, Rhody, Cunningham, Olson, Wilke Nays: None Motion carried 7-0.