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Planning Commission Minutes DRAFT May 4, 2006 Page 3 CLOSED PUBLIC HEARING Commissioner Kerns commented that he was not opposed to building the garage but was concerned that the as-built grading did not conform to the September 2004 approved plan and was done without the Town's approval. The driveway, curbs and flat area of the current garage are there already and if the additional two car garage were lowered it could create problems in the way of entry into the existing garage. The applicant's reasoning for the grading was understood but Town approval should have been granted before grading was completed. Proceeding with grading and then asking for permission after the fact may set a precedent. The grading on the back of the house and the side of the garage exceeds the Town's grading policy and the policy shouldn't be deviated from unless there is a good reason. Kerns would approve the garage as is with the grading lowered to match the approved plan of 2004. Commissioner Collins expressed concern that the fill was done before approval. She stated that the driveway grading exception doesn't affect anyone and the proposed trees will provide screening in time. Collins asserted that the 2004 approved plan needed to be conformed with. Collins suggested moving the garage toward the house and farther away from the Lee's property. She explained that exceptions to the grading policy are granted to make a structure less visible and the garage seems to become more visible with this grading exception. Collins does not support the two story garage. Commissioner Clow commended Debbie Pedro for her effort on this project. Clow met with Mr. Lund, the applicant, Chris Vargas, neighbor, Mr. Lee, neighbor, Carl Cahill, Planning Director and Debbie Pedro, Senior Planner,regarding the project. The garage is legal and the grading and driveway does not seem to impact the neighbors. He supports the project and requests landscaping to screen the garage. Chairman Cottrell reported that he met with Mr. Lee, neighbor, on his property. Cottrell expressed concern that the grading does not meet the September 2004 plan and the garage appears too high. The property needs to be graded to meet the 2004 plan, with the exception of the driveway, the garage should be brought down three feet and the landscaping proposed by staff with the additional trees was supported. MOTION SECONDED AND CARRIED: Motion by Commissioner Kerns, seconded by Commissioner Clow and passed unanimously to approve the driveway grading as built; Lands of Lund, 13826 Templeton Place. This approval is subject to a 22 day appeal period. The Commissioners proceeded to discuss the remaining grading. Grading on left side of garage is to be taken down to conform to the Town policy which is less than what is on the September 2004 plan.