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PC Minutes 6-5-07Planning Commission Meeting - June 5, 2007 PUBLIC HEARING: BEDDOR REGISTERED LAND SURVEYS: REQUEST FOR APPROVAL OF TWO (2) REGISTERED LAND SURVEYS FOR PROPERTY LOCATED AT 1050 & 1030 PLEASANT VIEW ROAD AND 950 & 910 PLEASANT VIEW ROAD. APPLICANT, FORTIER & ASSOCIATES, PLANNING CASE 07-13. Public Present: Name Address Jack Fess 6280 Ridge Road Sharmeen Al-Jaff presented the staff report on this item. McDonald: Any questions? Debbie? Larson: None. Thomas: No. McDonald: Kurt? Papke: I'm having a déjà vu. Have we seen this one before? Al-Jaff: Yes you have. They shifted the property line about a year ago and they cleaned up a few things. They came back and they said we forgot to do, what they forgot to do, or what they neglected to look at is, rather than, currently there is a cross access easement. They wanted to do away with the cross access easement for this driveway. Clean up this piece. Make sure that the tennis court remains under single ownership with the single family home and keep this as a buildable lot. And then the addition to the garage on this one came up about 6 months ago. Papke: That's it. McDonald: I don't have any questions either. Al-Jaff: Then you just need to open the public hearing. McDonald: Well is there an applicant here to hear from or? Al-Jaff: I don't see one. McDonald: Okay. Then in that case I will open up this to a public comment. Anyone wishing to make comment, would ask that you come forward to the lectern. State your name and address and address the commission with your comments. 5 Planning Commission Meeting - June 5, 2007 Jack Fess: Good evening. My name is Jack Fess. I'm a neighbor on 6280 Ridge Road. I know the Beddor family quite well. I represent my neighbors that are on our private road down there, so that's why I came up tonight. I really don't understand what he's doing here. Everybody seems to ask me when I'm walking around the lake every day. I'm retired and I guess I called you I think the first day when them signs went up and I told everybody I'd come up tonight. What I don't understand is, he just finished a brand new garage over there. That garage is brand new. Al-Jaff: Correct. Jack Fess: Why would he put and extend that garage without having this done before the Planning Commission? That's only been completed about a month ago. Al-Jaff: Correct. Jack Fess: There's a lot of money in that garage. Now does he just assumed he can move this over or what? Al-Jaff: No. No. Two things are happening. Jack Fess: Okay. Al-Jaff: When shifting the property line itself is done administratively at staff level, and you basically take that legal description and you record it with the County and it's valid. The owner of the property chose to take it a step further and that is obtaining a judicial landmark. The courts have to approve the location of the judicial landmark so that there is no arguments in the future as to where certain property lines are. Jack Fess: Does Mr. Beddor own all of that property under one single listing right now? There's 5 homes involved there. Al-Jaff: Correct. Jack Fess: Who owns what? Do you know? Al-Jaff: Yes. Jack Fess: Can you make that public so we could at least know. We've got David Beddor lives in the house next to the garage. We have Steve right now, both houses are being remodeled. Al-Jaff: Steve owns this piece. Steve Beddor owns this lot. David Beddor owns this lot. Jack Fess: Okay. The garage is sitting between the two, right? Al-Jaff: Actually it is located at 1050. 6 Planning Commission Meeting - June 5, 2007 Jack Fess: Okay. Al-Jaff: 1030 is vacant and owned by Frank Beddor. 950, which currently contains the tennis court and the driveway is vacant from, when I say vacant it doesn't have a single family home on it. Jack Fess: So what are we trying to do? Just leave the tennis courts there or subdivide this in order to build another house where the tennis courts are someday? Al-Jaff: May I? McDonald: Yes, go right ahead. Al-Jaff: This is where the property line sits in relationship to the tennis court. McDonald: Exactly. Al-Jaff: What they are doing is they're moving this property line in this direction, eliminating this line. So now both the driveway as well as the tennis court belongs to this parcel. Single parcel. Jack Fess: Which it should. It's sitting in front of it. But that now opens up a lot between Steve Beddor's from the tennis court to build another house. Al-Jaff: Well, it's always there. It's always been there. We are not creating a new lot. Jack Fess: Right. It meets building restrictions is what you're basically saying. Al-Jaff: Correct. Jack Fess: If someone wants to build a house there, he can. Al-Jaff: Correct. Even today without this, he can do that. Jack Fess: Yes, I understand. Okay, so right now the way it's set up, are these properties all under Mr. Beddor or are they broken up, Steve and David? I mean is, how is this broken up right now? Al-Jaff: Everything is under Frank Beddor's name with the exception of this home belongs to Steve. It's under Steve's name. And then this is David's. David Beddor. Jack Fess: Okay. Okay, that's what we needed to know. McDonald: That's all you needed? 7 Planning Commission Meeting - June 5, 2007 Papke: Mr. Chair, one clarification question on the basis of one of the other questions. Just to clarify where on the lot on which the garage was built, there were proper setbacks before this was made and there will be proper setbacks after this change is made. So from the perspective that that was being questioned before about hey, this was built before these things were moved. From the standpoint of setbacks, it's indifferent to that since they were met both before and after. Al-Jaff: Correct. Papke: Is that a correct assumption? Al-Jaff: Yes. McDonald: Okay. Anyone else wish to come forward for a comment? Seeing no one else come forward, I will close the public meeting. I'll bring it back up for the commissioners for comment. Kurt, start down there. Kathy. Thomas: No. McDonald: Debbie? Larson: Seems fine. McDonald: I have no comments either. At that point I guess I'm open to a motion. Keefe: Sure. Planning Commission recommends approval of the registered land surveys as described herein. McDonald: Second? Larson: I second that. Keefe moved, Larson seconded that the Planning Commission recommends approval of the attached Registered Land Surveys referred to as RLS 122 and RLS 123. All voted in favor and the motion carried unanimously with a vote of 5 to 0. APPROVAL OF MINUTES: Commissioner Papke noted the verbatim and summary minutes of the Planning Commission meeting dated May 15, 2007 as presented. COMMISSION PRESENTATIONS: None. Chairman McDonald adjourned the Planning Commission meeting at 7:30 p.m. Submitted by Kate Aanenson Community Development Director Prepared by Nann Opheim 8