10-12-09 Common Council Meeting Agenda & Packet

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lh. The petition of )E»I~S and ~acquellyn >l~aacker. These properties are located within the Chapin Park Local Historical District and the Chapin Park National Register District. The Historic Preservation Commission identified the house located at 309 Marion as a contributing structure in 2005 and therefore the house cannot be removed without the approval of the Historic Preservation Commission. The full comments from the Historic Preservation Commission are attached. Therefore the Staff recommends that the petition be tabled until the Historic Preservation Commission can fully review this petition. In the event that the petitioner does not want to table this matter, the Staff would recommend that this petition be sent to the Common Council with an unfavorable recommendation. 17. The petition ogTaste o~16~[exico.ltevisedpetition. The Staff recommends that the Special Exception Use be sent to the Common Council with a favorable recommendation. The Staffs approval of the front yard variance is subject to additional landscaping along Western Avenue. The City and the Western Avenue Steering Committee have been working to green the corridor and enhance the pedestrian environment. A low hedge plant would add a green buffer along Western Avenue but be low enough to not block site distance for safety. Staff would note that the north/south alley to the east was vacated in 2005, adding an additional 7' to Lot 827. The variance for maneuvering aisle width is no longer needed. If the east/west alley to the south will be used as ingress and egress from the parking area, the City Engineer requires it be paved from Kaley Street to the eastern boundary of the properly. 1S. The petition of Louis and Bonnie Smith and Walsh Construction Company. The Staff recommends that the Special Exception Use be sent to the County Council with a favorable recommendation subject to the standards of Article 8.02.O1.A.2.m. It appears this petition meets the size and setback requirements. The Staff is unaware if an indemnity agreement has been filed, a requirement prior to approval and construction of the borrow pit. 19. The petition of Stephen Dragovich. The Staff recommends that the petition be sent to the Common Council with an unfavorable recommendation. It is the long-term goal of the Northeast Neighborhood Council to return the neighborhood to single family uses. The projected land use plan in the Northeast Neighborhood Development Area Plan (2003) identified this block of St. Peter Street as single family home ownership preservation. Granting a special exception allows a group residence permanent status. The other legal non-conforming "boarding houses" on this block will revert back to single family homes if the non-conforming use is inactive. The property is pending rezoning to MF 1. The rezoning will be heard at the September 15, 2009 Area Plan Commission meeting. Sincerely, t ~i . ~~ti~.~~~ ~~~ Christa Nayder Planner