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;Approved <br />e applicants purchased the home from the original owners with a two level, 300 square foot deck existing in <br />side street yard. The applicants then applied for a building permit to replace the deck in May and during the <br />course of staff review it was determined that a variance would be necessary to replace the deck. Staff found no <br />permits on file for the deck nor does it appear that the deck was constructed at the time of the home. It should <br />be noted, however, that the home was constructed when the Zoning Code required only a 15 foot side street <br />yard setback with the actual home setback approximately 20 feet. Lastly, the home includes a sliding glass door <br />off the street side, which the deck would provide egress from. <br />O'Brien asked the applicant if they would like to replace the deck exactly as it was. Shelly Peterman replied <br />that originally that was their intent, and after they discovered that they would be in the set back it was decided <br />to reduce the size of the deck as a good faith effort. O'Brien replied that he agrees with her neighbor that they <br />should be able to replace the deck at the size that they originally had. Gundlach stated that the recommendation <br />could be modified to allow an increase of the square footage of the deck to match the 300 square feet with no <br />further encroachment into the side yard setback, which would show a good faith effort to decrease the <br />encroachment since the original deck was closer than 11.5 feet. <br />Motion by Zisla, second Mann to CLOSE THE PUBLIC HEARING. <br />6 ayes, 0 nays. MOTION CARRIED. <br />Schiferl stated that he supports the proposal. Mann added that she agrees that the applicant should be able to <br />build the deck up to 300 square feet with the 11 '/z foot set back. <br />Ootion by Mann, Second by O'Brien to APPROVE VN2007-002, WITH THE FOLLOWING CHANGE: <br />The applicant has proposed to reduce the amount of deck within the setback area in an effort to better <br />comply with the intent of the ordinance." <br />6 ayes, 0 nays. MOTION APPROVED. <br />Public Hearing: PUD2007-004 Amendment to PUD2007-003 to allow increased building square footage. <br />The applicant has requested a Planned Unit Development (PUD) Amendment to allow increased building <br />square footages for both the headquarters building and the secondary multi-tenant building. The applicant <br />received PUD approval on April 26, 2007 that allowed construction of a headquarters building totaling 48,787 <br />square feet and a multi-tenant building totaling 9,048 square feet. A major component to the approved PUD <br />included allowance of surface parking stalls less than what is required under Chapter 11 of the Zoning Code. <br />On April 26, 2007 the applicant received PUD, Site Plan, and Special Use Permit approval allowing for <br />development of an office site on the west side of Old Highway 8 NW within the Northwest Quadrant. The PUD <br />allowed building and parking setback reductions from those required under the MX, Mixed Use District and the <br />Special Use Permit allowed increased building height, as outlined within the MX regulations. <br />Schiferl inquired from staff and the developer why the building was increased in size since there was so much <br />discussion when they first came through the Commission regarding the lack of parking and how tight the space <br />&uld be. Gundlach replied that the PUD declaration will be tied to the title which will indicate the constraints <br />of the site, there is some additional on street parking that can be used, and they have also done a proof of <br />parking plan that could be implemented if necessary. <br />Page 4 of 9