02-23-1998 Council Packet - Laserfiche WebLink

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(#8 - #2290 Elaine and Steve Silus - Continued) McMillan said the change in grade was a surprise to many people. Silus disagreed. Bruce Vang said he informed the builder that the topography and garage were different from the plans submitted at the time of the footing inspection, which occurred several months ago. He said the requirement to stay 5' from the property line with the retai^g wall was discussed at that time. It was noted that grades were a problem toen and the garage was lowered 16" to lessen the impact. Vang said he asked the applicant to consider having the garage open to the street side. Vangsai e a s conversation with Peter Bren on site as well. Vang said they insisted the situation could work without creating any problem. Vang said he allowed the construction to continue with the understanding they would adhere to the retaining wall being located 5 from the property line. Spilseth asked if the 5 ’ requirement from the property line pertained to all retaimng walls. Lindquist said the ordinance calls for conditional use permits within 5 ’ of the property line where grading is involved. Spilseth said she did not understand how a variance could be granted when l^ger properties in the neighborhood have been denied variances. She said a neighb™g N property requested a similar access to their garage and was demed. She noted the builder said access could be changed. Bren said when application was made for the building permit, a plan shovying a ^ wall 2'from the property line was submitted to the City and approved. Lmdquis sai e ' __:__MtMOfinnrT tVip rnnflitinnal use oermit only. Any other matter Wail A liuiu UiVi aiiiw — —------------- -if -- Planning Commission is reviewing the conditional use permit only. Any o er m would have to be taken up with Staff. Silus said he was attempting to save a tree and understood the design would <>f » He said he was unaware of the need to stay 5' from the property line. Silus sai e a 0\ preferred the boulder wall but changed it to an engineered wall as requested. He noted the wall is located near the property line in only the area near the garage itse . pise questioned whether the tree that was attempted to be saved was still alive. Schroeder reported that the drainage problem must be addressed as well. Schroeder moved, Smith seconded, to table application #2290 for lack of adequate information. He encouraged the applicant to work with his neighbors. Vote: Ayes 5, NaysO. ^ I I i