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r <br />MINUTES OF THE PLANNING COMMISSION MEETING HELD DECEMBER 16, 1985. PAGE 10 <br />#996 JAMES MCNAUGHTON <br />1800 SHADYNOOD ROAD <br />VARIANCE <br />PUBLIC HEARING 9:42-10:03 PM <br />Assistant Zoning Administrator Gaffron noted the affidavit of <br />publication and certificate of mailing. <br />\ <br />James and Carmen McNaughton were present for the application. <br />There were no other members from the public present the <br />hearing. <br />Chairman Callahan clarified that this is the property that <br />was recently divided by Johnstone/Barth. <br />Goetten noted that this is the reason why she was opposed to <br />the subdivision in the first place. Now the property needs a <br />hardcover variance for the driveway. <br />Sime noted that approval of the subdivision was based upon <br />the condition that the developer install the driveway as <br />proposed to the Planning Commission. <br />Mr. McNaughton cited that the originally approved driveway <br />was a "mono slab”, which has been proven not suited for this <br />climate. The alternative is nothing which could erode very <br />fast because of the terrain of the lot. Also, there should <br />be some sort of turnaround provided so one does not have to <br />back out onto County Road 19. <br />It was explained by Assistant Zoning Administrator Gaffron <br />that the builder had installed a gravel drive. When staff <br />found this out, the builder was notified that this was not <br />approved and would have to be removed or would require a <br />variance. To date a Certificate of Occupancy has not been <br />issued but since the McNaughtons are the current owners they <br />would be the ones this would affect. <br />McDonald noted that new owners should not be penalized <br />because of mistakes made by previous owners and this should <br />be addressed at a joint Planning Commission and Council <br />meeting. <br />It was moved by Kelley, seconded by McDonald, to recommend <br />approval a hardcover variance for James McNaughton to pave <br />driveway and backup apron subject to reducing the hardcover <br />to 35% within the 75-250' zone. <br />Motion, Ayes 5, Nays 1. <br />Goetten opposed the motion based on her opposition to the <br />original legal subdivision of the property.