PC 040908 - Laserfiche WebLink

Commissioner O'Connor noted that the applicant submitted a list of mitigation measures she was willing to undertake, which included painting the tank or putting up a structure around it. He added, however, that he did not think those measures were amenable to the neighbor. Commissioner Pearce moved to make the required conditional use permit findings as listed in the staff report and to approve PCUP -205, subject to the conditions of approval as listed on Exhibit B of the staff report. Commissioner Olson seconded the motion. Commissioner Fox indicated that she would not support the motion. Commissioner Pearce stated that she was willing to consider changing the color because that is the one mitigation that the neighbors did not dismiss. Chair Blank noted that here are two neighbors who do not get along because one neighbor took the shrubs out, but the applicant is willing to put some shrubs in. He stated that he thinks the applicant should be encouraged to perform all the mitigations and that planting shrubs and painting the tank are acceptable to him. Commissioner Fox stated that she thinks the tank is too big and needs to be screened. She added that she would like to see it covered on four sides with lattice. Chair Blank stated that the applicant is proposing to install a wall on one side to screen the tank. Commissioner Fox stated that she would like the tank screened from Diamond Court as well. Chair Blank stated that he did not think it was the applicant's fault that the Diamond Court fence was replaced and that he felt that requiring the applicant to screen the tank from Diamond Court is equivalent to punishing the applicant because somebody replaced the solid fence with an open fence. Commissioner Fox stated that if the Commission were considering this use permit without any work having been done previously as in the case of the sprung structure for the Presbyterian Church on Valley Avenue and Busch Road, the Commission would have considered the property placement to make sure it was properly screened and was right in the neighborhood rather than looking out someone's door. Chair Blank stated that this site is zoned agriculture and would have a different standard than the environment of the sprung structure which is surrounded by houses and people. Chair Fox noted that there have been other agriculturally zoned properties such as the St. Elizabeth Seton Church where the Commission ensured that the location of the heating and air conditioning units for the expansion were away from the neighbors. PLANNING COMMISSION MINUTES, April 9, 2008 Page 17 of 33