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REQUEST FOR COUNCIL ACTION Department Approval: ~dministrator Approval: Name: Michael P. Gaffron Title: Planning Director C.,_) Date: July 20, 2006 Item No.: Agenda Section: Zoning Item Description: #05-3102 Stonewood Design/Build, 920 Brown Rd. S.- V ariance -Review of Revised Site Plan and Building Plans List of Exhibits A -Exhibits Submitted by Applicant 7-13-06 (Reviewed by PC on 7-17-06) 1 -Proposed footprint 2 -Alternate footprint 3 -Left Side Elevation 4 -Front Elevation 5 -Site photos, plat map, airphoto B -PC Memo and Selected Exhibits of 7-6-06 Summary of Issue: Site plan and building plans submitted for building permit approval did not match those upon which the variance approvals were predicated. Council reviewed this on June 26 and referred it to Planning Commission for recommendation as to whether the revisions are still in keeping with the intent of the 2005 variance approval. Planning Commission Recommendation: Applicants submitted additional exhibits prior to the Planning Commission meeting, including an Alternate footprint with an angled garage (Exhibit A-2). Planning Commission ultimately voted 4-1 to recommend that Council accept the Alternate footprint as meeting the goals and intent of the prior approval. Staff Recommendation Council should review the applicant's recent submittals. Both abutting neighbors were in attendance at the PC meeting and indicated support for the new proposed house, with no preference expressed as to whether the proposed plan or the Alternate plan should go forward. A number of Planning Commissioners recalled that the angle of the garage was significant in their deliberations a year ago, and 4 of 5 concluded that the Alternate proposal is acceptable as meeting their intent to minimize the impacts of the side setback encroachments. Applicant noted his client had not been advised of the Alternate plan, but apparently applicant is confident the buyer will accept that plan. Staff recommends approval of the Alternate Plan as meeting the intent of the 2005 variance approvals. COUNCIL ACTION REQUESTED Motion to confirm that the Alternate plan is acceptable as meeting the intent of the 2005 variance approval. If the Alternate plan is acceptable, no resolution will be required. If it is not acceptable, Council should provide as much direction as possible to the applicant regarding what would constitute an acceptable plan.