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would provide a different kind of legal notice that would be carried in the County record <br />so that any future buyer could be notified. <br />Commissioner Fox stated that she would like to have a deed restriction that records the <br />35-foot setback because this is a design review and because there have been issues <br />with some of the records for properties in the City. <br />Mr. Dolan suggested the Commission reconsider the timeframe. He noted that four <br />weeks is not sufficient time for hiring a landscape architect, getting things drawn, and <br />having it reviewed. <br />Chair Blank stated that he did not want to be punitive to the applicant and inquired what <br />a reasonable amount of time might be. <br />Commissioner O'Connor suggested 90 days; the other Commissioners agreed. <br />Commissioner Pearce stated that she would like an additional condition that requires <br />the recordation of a deed restriction. <br />Mr. Dolan stated that he is not comfortable with the language that afour-foot tall berm <br />needs to be engineered and afour-foot tall berm is typically not engineered. <br />Commissioner Fox stated that she would like to ensure stability, safety, and proper <br />drainage. Commissioner O'Connor indicated that should have already been done with <br />the wall. <br />Mr. Dolan noted that it would suffice to say that it would be subject to the review of the <br />City Engineer. <br />Commissioner Narum inquired what the distance would have been if the measurement <br />from the back of the property line was taken from where the property line originally was <br />to the point of where the lot became useable. Mr. Dolan replied that this is difficult to <br />obtain but that he thought it was in the 30- to 35- foot range. He indicated that he did <br />not think this was a universal condition and that there might have been some points <br />where it might have gone farther back. <br />Commissioners Pearce and Fox accepted the additional amendments to the <br />motion. <br />ROLL CALL VOTE: <br />AYES: Commissioners Blank, Fox, Narum, O'Connor, and Pearce. <br />NOES: None. <br />ABSTAIN: None. <br />RECUSED: None. <br />ABSENT: Commissioner Olson. <br />EXCERPTS: PLANNING COMMISSION MINUTES, September 24, 2008 Page 13 of 14 <br />