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I I I Council Meeting Minutes August 25, 1987 Mattila reviewed staff report regarding a request for a special use permit, variance, and a site plan approval; indicated since the last meeting applicant McCalla had come to an agreement with Windsor Green Townhouse Association to purchase .09 acres (drive- way), with Windsor Green having perpetual access to the property. Benke asked if the agreement resolved the easement concern addressed at the previous council meeting. Bob Halva, attorney for Windsor Green, stated as of last night's board meeting the Board did vote to authorize the sale of the 20- foot driveway ~ontingent upon a satisfactory maintenance agreement and permanent egress/access by the Association; and the execution of the agreement wil}- resolve the easement question because McCalla would be the owner of the property; had talkedwith McCalla today and they have generally arrived at terms which the President of' the Association believes are within the guidelines set by the Board; could have a Purchase Agreement and a Mainten- ance Agreement within a few days. Mattila stated the action this evening is to deal with the special use permit and the site plan which could be approved conditioned upon approval of the minor subdivision (to combine the 20-foot strip with the subject site) at a later date, or to wait and ap- prove everything at the time of the minor subdivision approval. Blomquist asked if there would be any advantage if some action were taken tonight; McCalla stated action tonight would be helpful to her to get bids out. Benke asked Halva if earlier concerns had been resolved to the maximum extent possible; Halva responded affirmatively, adding the problems the Association had earlier will be resolved when the Agreement is culminated. Regarding setbacks, Benke asked if there is anything that prevents the eighth unit from being built under the existing ordinance; Mattila stated staff asked that the eighth unit be removed to allow for a larger setback from Silver Lake Road in order to re- main consistent with surrounding land uses, and noted a special use permit is needed for a townhouse development on this site. LeFevere stated council could approve the special use permit and the site plan contingent upon the later approval of a subdivision. Mattila reviewed sketch of surrounding buildings on Silver Lake Road and their setbacks; and stated both Planning Commission and staff are concerned about the intrusion of the sawtooth effect. Brandt asked, should council refuse to accept the 30-foot setback from the right-of-way, if McCalla could remove the oak tree; Mattila responded the applicant could remove it, but she is, at this time, willing to work around the tree. Mattila continued a special use permit is required for townhomes; there is an impact on community interest; and the tree is a real "plus" for the sub- ject site. Page 5 SP-142/VN-256/LP-21~ Dolores McCalla Report 87-220