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Approved that property. Fernelius replied that he does not have the file in front of him, but the Council did approve the site plan and it does not appear that there were any other approvals at that time. Grachek stated that the property's lot lines have never changed, just the county easement is different. Zisla stated that while he believes the hardship case may not have been proved; there is enough in the record to sort out a rational for the Council. Motion by Zisla, Second by O'Brien to WAIVE THE READING AND ADOPT THE ATTACHED RESOLUTION RECOMMENDING APPROVAL TO THE CITY COUNCIL,SUBJECT TO THE FOLLOWING CONDITION: 1. The City Forester reviews and approves the landscape plan dated Sept. 18, 2006 as prepared by Morse Associates, Inc. Schiferl stated that he does not think that the applicant has proven the hardship case. Baker stated that since the rest of the block is not observing the forty foot set back, this property should not have to either. Howard inquired if the proposed nineteen foot setback is a concern for staff. Fernelius replied that there is a very generous space between the set back and the property line, and landscaping will be added to screen the parking area. Since there are compensating factors, staff does not have an issue with this property building within the set back. 5 Ayes, 1 Nay, MOTION CARRIED. Public Hearings: LP06-06 Type-4 Non-Conforming Use Permit and Site Plan Review for 59 detached garage units at 2090-2160 County Road E. Fernelius reported that the applicant contacted him and stated that they are still trying to work through some of issues on the acquisition of this property. They have agreed to have this proposal delayed until the October 17th meeting. Robert Allen, representative of the Windsor Green Association on Silver Lake Road, stated that his association is concerned about the Timbercrest Apartments since it is a known source of vandalism, theft, and trespassing. He noted that the property has received a provisional license since it has exceeded the limit of police calls to the property. The Association is asking the Commission to carefully look at this proposal and if making this property into condos will help elevate a blight on the community they would like approval of the application. Baker replied that the last time the applicant was before the Commission his goal was to help clean up the area by making the property into condominiums. Allen inquired if the Planning Commission had any information on the number of apartments or section 8 housing that is available in the City compared to surrounding C:`,Documents and Settings`,Isocpe l ocal Scttmgs\Tcmpoiary Intcrnct I 'lcs`,OI.K25 09-19-2006.doc Page 5 of7