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Planning Commission Meeting Minutes – Wednesday, June 03, 2009 Page 4 Staff recommended approval of the VACATION request, based on the comments and findings of Section 5 and the conditions of Section 6 of the project report dated June 3, 2009. City Engineer Debra Bloom arrived at this time. Discussion included staff’s review of any easements/vacations for public and/or private utilities located within the public rights-of-way; and the location of the existing pathway. City Engineer Debra Bloom advised that staff had reviewed public and private utility easements; and addressed the location of the pathway adjacent to the curb; and was supportive of this vacation. Ms. Bloom noted that this was extraneous right-of-way not being used; and as part of their review criteria, would have asked for an easement over the right-of-way for utility purposes if it had been indicated. Applicant Representative, Bob Moser Mr. Moser was present, but had no comment. Public Comment No one appeared to speak for or against. Chair Doherty closed the Public Hearing for Planning File 09-013 at 6:49 p.m. MOTION Member Boerigter moved, seconded by Member Wozniak to RECOMMEND TO THE CITY COUNCIL APPROVAL of the VACATION of land for Donald Plumb, 501 South McCarrons Boulevard; based on the comments and findings of Section 5 and the conditions of Section 6 of the project report dated June 3, 2009. Ayes: 7 Nays: 0 Motion carried. Chair Doherty advised that the Case was scheduled to be heard at the City Council meeting of June 29, 2009. b. PLANNING FILE 09-007 Request by Owasso Ridge Associate, Inc. for an easement vacation, Planned Unit Development amendment, and Preliminary Plat modifying the structure setback requirements for the residences at 2765 – 2780 Cohansey Circle Chair Doherty opened the Public Hearing for Planning File 09-007; and while remaining to participate in the meeting, turned the gavel over to Vice Chair Daniel Boerigter for the remainder of the meeting. City Planner Thomas Paschke reviewed staff’s analysis of the request by the Owasso Ridge Home Owner’s Association (Owasso Ridge) for a Planned Unit Development (PUD) Amendment, Easement Vacation, and Preliminary Plat to address certain setback encroachments and allow for residential amenities such as decks, porches, and/or patios of the seven (7) single-family homes created as an association. Mr. Paschke noted that the proposed remedy had been achieved following lengthy negotiations between staff and the applicants to modify the terms and conditions of the original project approval. Staff recommended approval of the request for the proposed PUD Amendment, Easement Vacation and Preliminary Plat; as detailed in Sections 4 and 5; and subject to conditions as outlined in Section 6.0 of the staff report dated June 3, 2009. Discussion included clarification by staff of the intent of this action; staff’s interpretation of City Code related to setback standards for enclosed or unenclosed porches/decks (i.e., Sections 4.3 and 6.b of the staff report); inconsistencies in staff’s historical records related to this case; applicable setback criteria; and ultimate and equitable resolution of an ongoing issue with this proposed action.