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according to Mr. Ordway’s letter, the problem is that when McDonald’s plows its snow, and when trucks and buses come into McDonald’s, they hit the fence. Therefore, McDonald’s created the problem. Phillips responded the direction of traffic will change and will probably be farther from the fence. Phillips said he had not seen letters from any of the neighbors. Teague said he would address that issue. Apparently, the existing parking does not meet the setback requirement of 5 feet. The proposal would meet the requirements for a paved surface. Mr. Phillips is correct in that there will be an additional three feet from the paved surface to the fence than exists today. LP-343PL-247, Motion by Baker, seconded by O’Brien, TO RECOMMEND APPROVAL OF AND SUBJECT . 6 Ayes - 0 Nays. Motion Carried. 6 Ayes - 0 Nays. Motion Carried. TO CONDITIONS General Business Final Plat (PL246) - Stony Lake Estates Larry Beach Teague reviewed the Planning Report concerning a request for consideration of a final plat for a single family residential subdivision of property located east of Silver Lake Road, west of 23rd Avenue NW and north of Stony Lake. Teague also reviewed the Tree Identification Plan. The City Forester has reviewed the plan, and recommended several changes. Teague stated that, as part of the review by the City Council, the Council received a citizen petition for an EAW. Mr. Beach did a preliminary EAW. Based Beach’s study, the DNR said they did not need a full-blown EAW. The particular issue was the possibility of an endangered specie, the Blanding Turtle, was present on the site. The DNR ran a preliminary search. There was a Blanding Turtle sighted in the general vicinity in 1980, within a one-mile radius of this site, but not specific to this site. The DNR recommended the developer do a specific study to determine if this would be a habitat suitable for the Blanding Turtle. Mr. Beach hired the expert recommended by the DNR. The expert concluded that, under no circumstances, would the Blanding Turtle be present on the site. Based on all the information, an EAW was unnecessary. Zisla asked if Teague had talked to the neighbors about the tree plan. Teague responded affirmatively. There is a large oak tree on the existing right-of-way off of 23rd that they would like to see saved. The 28-foot street width could help save the tree. The developer and the Forester will try to preserve the tree. Teague said he spoke to the property owners about the change from evergreens to crab trees. They were confident about the City Forester’s recommendations. Baker said this was not a public hearing, but asked if anyone in the audience wanted to speak on the issue. No one responded. PL-246, Motion by Livingston, seconded by O’Brien, TO RECOMMEND APPROVAL OF SUBJECT TO . 6 Ayes - 0 Nays. Motion Carried. CONDITIONS Concept Plan Review of US West facility located on Cleveland Avenue Pat Conlin Teague reviewed his memo on the item. Us West does not wish to install their required landscaping around their monopole. Therefore, they would like consideration of a revised site plan. Baker stated several tower proposals have come before the Planning Commission. The City requires landscaping on all these proposals. Baker said he was not in favor in making any change to the approval. Teague introduced Pat Conlin of US West. I:\COMMISSIONS\PLANNING\MINUTES\1998\07-21-98.WPD 3