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