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C~uncil Meeting Minutes July 28, 1987 III L".vere says it may be unique but, in this case, it militates a.ainst the granting of a variance rather than in favor of it be- cause it makes the property more buildable area rather than less. If McCalla acquires the driveway area, LeFevere stated the land acreage would not require a variance. McCalla stated, according to the tax statement, the road is .09 acres. Benke feels consideration of this application should be continued; noting the other option would be to deny the variance unless one unit is dropped. In response to Gunderman's questions, Benke clarified the proposed parking arrangements and Halve stated he sees no problem with hav- ing the Associationls Board of Directors discuss the issue and having a decision by August 25, 1987. Gunderman asked staff to check past projects to determine whether or not roads had been counted; Locke believed it would be diffi- cult to determine in retrospect and noted that normally leased land would not be considered, although they may have been inadver- tently considered. Locke stated a thorough check would involve looking at a lot of property records; Blomquist suggested staff review variances granted over the last 12 years and look at the splitting of hairs. I Williams asked what the Planning Commissionls reaction to the 30- foot setback was whether or not it was figured in their recommen- dation to deny the variance; Locke indicated the Commission was concerned but, because he had not attended the Planning Commission meeting, he was not aware of the extent of their concern but indi- cated staff is concerned because the proposed development would be closer to Silver Lake Road than either of the adjacent properties; and believes the proposed development would be more consistent at 55-feet. Williams asked if the applicant would be required to go back to the Planning Commission, and stated he would like to have the ap- propriateness of using that rationale considered when, in fact, it meets code. Locke stated the issue on the variance was short of eight units, and the setback argument relates to the special use permit and the impact on neighboring properties, which is a very gray area. Williams also asked to what extent is a property owner responsible for preserving the tree, is there a legal requirement, and does or should the 100-150 year old oak tree be considered a unique situa- tion? I Williams further indicated he would like to see final plans and elevation before a vote on the project is taken. Benke asked the developer for a perspective not perpendicular to Silver Lake Road and to discuss traffic with the Association (staff report comments the city engineer and Police Chief did not believe there will be a negative impact on traffic safety in the area, but is personally concerned with adding traffic to this intersection). Page 7