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Regular City Council Meeting Monday, July 28, 2008 Page 12 twenty (20) years or older, but expressed concern that the criteria were going to provide for broader provisions than intended. Further discussion ensued regarding criteria rationale, judgment, and subjective relevancies; staff experience in their review of projects and whether those projects met criteria, and the need for flexibility in criteria. City Attorney Scott Anderson proposed a more flexible language revision on pages 3 and 4, lines 129 -133, Section D, "Necessary Criteria for Approval," as follows: "Structure Setback Deviation: In addition to other requirements of this section, the de- velopment review committee, in recommending approval of a structure setback deviation, shall {consider whether the following factors] o are present: Councilmember Pust recognized the validity of Councilmember Ihlan's concerns based on showing 75% of criteria being met; however, opined that the authority was still available for denial, based on their discretion, as addressed on page 3, line 114. Councilmember Ihlan opined that the language still appeared to be ambiguous Councilmember Willmus recognized some of those issues under discussion; and expressed concern for adverse impacts to neighboring properties, specific to drainage from additional impervious coverage. Community Development Director Trudgeon advised that staff could work within the suggested language proposed by City Attorney Anderson. Mr. Trudgeon noted that previous setback requirements were for eight (8) out of twelve (12) cri- teria being met; but couldn't address the rationale behind that percentage. Mayor Klausing offered support of the ordinance, at the majority's consent, and with revised language as recommended by City Attorney Anderson. Councilmember Ihlan requested similar considerations to specific sectional ap- proval of this ordinance, similar to that of the sign ordinance, speaking to the im- pervious surface deviation, opining that this was a significant change to bring un- der administrative approval, and that she didn't support making that process eas- ier. Mayor Klausing clarified that Councilmember Ihlan was requesting a division of the question. Councilmember Ihlan concurred, expressing her desire to pull out the impervious coverage deviation (page 4, line 172), addressed in the proposed ordinance identi- fied as "Attachment B."