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ftnniTBS OF THE PIAHHING O ilSSIOM MBBTIMG HELD JANUARY 20, 1987 <br />§1090 HOLLANl •j a:CONTINUBD <br />f) Regarding the existing barns on Lot 2, staff <br />previously contended that because the barns are in <br />excess of the allowed 1000 s.f, and would be used <br />for storage, a variance would be required for them <br />to remain on the property. However, the City <br />Attorney has since submitted her opinion that the <br />barns are "non-conforming pre-existing" and that the <br />only stipulations the City can enforce is <br />prohibiting the housing of animals because the barns <br />do not meet the required setbacks. He noted that <br />staff has not made a formal hazardous building <br />inspection of the barns, which if found t :> be in <br />hazardous condition, would require their removal. <br />Bellows stated that she does not feel comfortable in <br />making a recommendation with so many unclear issues. <br />Hanson stated he feels they need legal counsel before <br />making a recommendation. <br />Chairman Kelley and Taylor felt they should put legal <br />issues aside and make their recommendations as they see <br />fit. <br />It was moved by Chairman Kelley, seconded by Taylor, <br />recommend approval based on the following findings and <br />conditions: <br />1. Both proposed lots are to be covered by the <br />"Declaration of Road Easement and Declaration for <br />Maintenance of Same". <br />2. The existing detached garage on Lot 2 must be <br />removed prior to final plat approval. <br />3. The existing access to County 6 must be <br />eliminated by regrading prior to final plat <br />approval. <br />4. Standard drainage and utility easements shall be <br />dedicated on the plat. <br />5. The existing drainage easement for wetland on Lot <br />1 shall be shown on the new plat. <br />6. The City has reviewed and accepts the proposed <br />primary or alternate drainfield sites for primary <br />residnece on each of Lots 1 and 2. <br />7. Both lots meet the 2-acre minimum lot area <br />requirement for a single family residence. <br />8. Planning Commission finds that the primary <br />existing access for Lot 1 is Hollander Road, the <br />front lot line exceeds 200' width, therefore, no <br />variance is required. <br />No one was present from the public regarding this matter ^ <br />and the public hearing was closed. ^ <br />iiiiMfnt I .