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there will be no parking on the short driveway, she sees the issue as one of enforcement. Commissioner Pearce stated that she thinks this is a serious issue because it is close to Fairlands Elementary School and is a fairly bike-heavy neighborhood with lots of bike paths. She indicated that she appreciates the resolve to not allow people to park on the proposed driveway, but she does not see that happening. She stated that she sees kids on bikes after school, and this situation presents all kinds of potential issues. She supported having the applicant return with an alternative plan. Connor agreed. He indicated that he would not have a problem making the variance for the garage if the garage has to be set back 20 feet but the Commission only puts it back 10 feet because the driveway was elsewhere, as long as there are no safety issues in the driveway. Chair Narum asked the Commissioners if any of them would support the variance. None of the Commissioners said yes. THE PUBLIC HEARING WAS RE-OPENED. Chair Narum informed Mr. Tolleson that the Commission has taken a straw vote, which resulted in a 5-0 vote in opposition of the Variance. She explained that if the Commission took action tonight and denied the application, the application could appeal the decision to the City Council, or the Commission could continue the item. She noted that the applicant has heard comments for support of an 18-foot driveway as opposed to 20 feet due to the lot being somewhat unusual in shape. She added that this would allow the opportunity to sit down with the owners to determine if there was something else that would work. Mr. Tolleson replied that a continuance would be preferable to a denial. He asked to point out a few more things regarding the alternative proposal, which is the significant shift in topography at the corner of the property. He noted that in addition to the complicated geometry to make the parallel turn, this would effectively drive over the roots of the tree and excavate where the roots are to be able to get up onto the property at the corner. He indicated that he did not consider this to be a viable proposal, although it may appear to be. Commissioner Blank commented that he did not believe the applicant would want the Commission to engineer the plan and suggested there could be other things that could be done. Commissioner Blank inquired if the motion had to continue the item to a date certain. Ms. Stern said no. Mr. Tolleson indicated that they wish to be heard at the earliest date possible. PLANNING COMMISSION REGULAR MINUTES, February 9, 2011 Page 31 of 41