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MINUTES OF THE PLANNING COMMISSION MEETING NOVEMBER 20, 1989 <br />ZONING PILE #1289-WILL CONTINUED <br />ramifications to Mr. Wear's subdivision homeowners as a result of <br />turning the road into a public road? Mabusth said that the <br />homeowner's association would still maintain Wear Circle. <br />Mabusth asked for specific reasons as to why the Planning <br />Commission wanted the public road publicly maintained. Kelley <br />replied that the Planning Commission had a difficulty with the <br />concept of a public road that is privately maintained. Kelley <br />asked how the City could mandate the homeowner's association to <br />maintain the public road. Mabusth said that the City Attorney's <br />opinion is that the City could make such a requirement. Hanson <br />said that such a proposal is poor planning. Bellows said that <br />such an arrangement was virtually unenforceable. Motion, Ayes»4, <br />Nays^^O, Motion passed. <br />tl465 GERALD MCCOURTNEY <br />1055 PERMDALE ROAD WEST <br />VARXANCBS <br />CONTINUATION OF PUBLIC HEARING 8:10 P.M. TO 8:40 P.M. <br />The Affidavit of Publication and Certificate of Mailing were <br />duly noted. <br />Mr. McCourtncy was present for this matter, as was Mr. Gerry <br />Wenkus, Mr. McCourtney's contractor. <br />Assistant Planning and Zoning Administrator Gaffron <br />explained Mr. McCourtney's proposal and the history of the <br />property. <br />Mr. McCourtney said that the basis of this project was the <br />need to add a closet. He said that their intentions had gotten <br />out of hand, but they had not set out with the idea that they <br />would get approval for hardcover increases every other month. He <br />said that the proposal being presented was the best plan to <br />service the property the way that it is set up. He said that the <br />purpose of the driveway proposal is just to get the cars off of <br />the road. <br />Mr. Wenkus said that he had come into this matter after the <br />initial building permit had been issued. He said that he had <br />tried to work with the City in preparing the landscape plan and <br />trying to resolve this matter in a way beneficial to both Mr. <br />McCourtney and the City. He said that the hardship is the size <br />and shape of the property and the fact that over half of the <br />property is located in the 0-75' zone. He said he has cut back <br />on the width of the sidewalk areas and the size of the patio <br />areas from what they had initially proposed. He said that what <br />is being proposed is appropriate for the neighborhood. Mr. <br />Wenkus noted that there had been a 6' fence existing in the <br />right-of-way which had recently been removed. The fence being <br />proposed is less obtrusive and would be located within the <br />boundary lines of the property. Mr. Wenkus said that the <br />replacement terrace will encroach nc closer to the la « than the <br />pre-existing deck. He also said that he had taken into <br />consideration the sight lines of the two neighboring properties <br />8