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Planning Commission Meeting Minutes – Wednesday, November 05, 2008 Page 3 MOTION Member Doherty moved, seconded by Member Wozniak to CONTINUE Project File 0004 to the December 2008 meeting. Ayes: 6 Nays: 0 Motion carried. b. PLANNING FILE 08-041 Request by Ted Glasrud Associates, Inc. for approval of an INTERIM USE PERMIT (IUP) to allow construction of an accessory structure at Rosedale Tower, 1700 Highway 36 Chair Bakeman opened the Public Hearing for Planning File 08-041. Associate Planner Bryan Lloyd reviewed staff’s analysis of the request of Ted Glasrud Associates, Inc. to allow construction of a gazebo at the Rosedale Tower office building at 1700 Highway 36. Mr. Lloyd advised that this accessory structure was proposed to construct a ten foot by 20 foot (10’ x 20’) gazebo to provide a shelter for visitors and employees taking breaks somewhere beyond the main entrance of the office building. Mr. Lloyd reviewed potential locations, and proposed site (Location B) following comments from adjoining property owners received at the applicant’s informational meeting with those property owners. Mr. Lloyd advised that the neighbors appeared to be generally supportive, noting that the applicant had done substantive and good work rehabilitating the property and adding value since they’ve managed the property. Mr. Lloyd noted that, during the informational meetings held by the applicant, the neighbors were not opposed to the gazebo, but had expressed concern with smokers using it and being near their windows in the adjacent condos. Mr. Lloyd advised that, due to the close proximity to adjacent buildings and as a measure to address that concern, staff would normally recommended a screening fence and/or landscaping to buffer residential property nearby. Mr. Lloyd advised that there was already in place a privacy fence and mature trees; and that therefore, staff was not recommending any additional permanent buffers. Mr. Lloyd noted that staff was recommending a condition related to trash receptacles to address another concern mentioned by neighbors. Staff recommended APPROVAL of the requested INTERIM USE PERMIT, as outlined in Sections 5 and 6, and the conditions detailed in Section 7 of the project report dated November 5, 2008. Discussion included differentials for decks and accessory structures in business versus residential areas. Applicant, Tim McCarthy, for applicant Mr. McCarthy addressed the exact model of gazebo being proposed; handicapped accessibility; its direct access to the building for use by building tenants and visitors; accommodation of smokers and providing shelter; high winds in the area of Rosedale Towers; building hours of approximately 6:00 a.m. to 6:00 p.m.; concerns of neighbors that the gazebo may become a gathering place after hours; and the applicant’s due diligence and current building maintenance and security in place. Mr. McCarthy advised that there had been problems in the past, prior to their taking over ownership and management of the building and site; however, he noted that these issues had been alleviated, much to the appreciation of the neighborhood. Mr. McCarthy expressed his agreement with all conditions as recommended by staff; and willingness to work with staff throughout the process. Chair Bakeman closed the Public Hearing, with no one appearing to speak.