CC_Minutes_2007_0618 - Laserfiche WebLink

Home

Regular City Council Meeting Monday, June 18, 2007 Page 19 co-op building, nor its location had changed from the original pro- posal that included the twin homes. Councilmember Pust questioned how many single-family homes were possible, if the rezoning to multi-family were not granted; with .staff estimating, based on available acreage at 6.35 acres, approximately twenty single-family homes. Further discussion included height restrictions based on zoning dis- tricts; conformity of the City's Comprehensive Plan and Zoning Ordi- nance dictated by case law in the courts; and increasing height to avoid future lot splits. Mayor Klausing questioned staff on how much of an impact the shadow study had on the Planning Commission decision; and the ac- curacy of the information presented; and how staff would apply such a test in land use cases. Mr. Stark advised that there was a shadow analysis completed by the applicant, as well as one presented by a resident and adjoining neighbor to the project, each drawing different conclusions. Staff did not attempt to evaluate the findings of either study. Mr. Stark noted that the applicant's shadow analysts were present tonight to make a presentation to the City Council; advising that the only consideration staff considered would be the general health, safety and welfare of the community related to the proposed project; and noting that if this were, to become a standard for land use considerations, it would need o be applied uniformly. City Attorney Squires advised that the City Council needed to serve as a finder of fact on issues of judicial permits; noting that competing evidence may be heard, and the Council would need to make a deci- sion and place a value on each person's testimony at their discretion. City Attorney Squires noted that he had not to-date seen a shadow case in land use issues that would provide any guidance, other than health, safety and welfare impacts and whether a shadow was suffi- cient to deny the case.