Chairman Lavoie called the Brier Planning Commission Meeting to order at 7:04 PM.

ROLL CALL

Present:      Commissioners Brock, Wahlgren, Hodgen, Funk, Marley, and Lavoie.

Absent:       Commissioner Chrisman.

APPROVAL OF MINUTES

Chairman Lavoie opened for approval of the January 21, 2004 Planning Commission Minutes.  Commissioner Brock moved and Commissioner Marley seconded to approve the Planning Commission Minutes of January 21, 2004 as written. Motion Carried. There was no February meeting.

NEW BUSINESS – PUBLIC HEARING:

VARIANCE APPLICATION #V04-001 BY JAREN BALZER, MATRIX COMPUTER SERVICES, @ 23089 23^RD AVENUE W, BRIER.

Mr. Balzer explained his Variance request and his business. The Planning Commissioners asked questions.

Chairman Lavoie opened the Public Hearing for Variance Application #V04-001 by Jaren Balzer, Matrix Computer Services at 23089 23^rd Avenue W. at 7:15 PM.

Terry Webb - 23090 23^rd Ave W. - stated he is a customer of Mr. Balzer and has no problem with the Variance request, and he supports the application.

Michelle Martin - 22960 23^rd Pl. W. - stated she is a customer and a neighbor of Mr. Balzer. Ms. Martin asked if it was possible to have the tower next to the trees. Ms. Martin stated she would prefer to have it next to the trees but supports the application.

Phil Troyer - 2321 231^ST PL SW. – stated he is against the Variance request.

There were no other comments.

Chairman Lavoie closed the Public Hearing at 7:20 PM.

Mr. Balzer submitted a letter from a neighbor approving the Variance Application.

Commissioner Lavoie moved and Commissioner Wahlgren seconded to recommend approval with the recommendations from Public Works Memo dated March 4, 2004; and, to include that if the FCC introduces regulations that would govern this type of situation, that at the time the regulations are enforced they be applied; and, if Mr. Balzer moves the tower be removed; or if Mr. Balzer goes out of business the tower be removed, that Mr. Balser install a barrier on the tower to prevent climbing; and that the tower be a maximum of 75 feet. Motion Carried.

BRIER GLEN III, SUBDIVISION APPLICATION #SUB01-01, BY MIR ENTERPRISES, LLC, @ 214^TH AND 34^TH AVE W., BY VLADAN MILOSAVLJEVIC

Mr. Erich Tietz explained the application for Subdivision #SUB 01-01. There were questions from the Planning Commission.

Chairman Lavoie opened the Public Hearing for Subdivision Application #SUB01-01, by MIR Ent. at 214^th and 34^th Ave W. at 7:58 PM.

Cory Friesen - 3308 214^th St. SW – stated he is the neighbor to the North and East and asked what would be between his property and the Subdivision. Mr. Friesen stated that when the applicant bought the property he knew City of Brier regulations and what would and would not work. Mr. Friesen stated that the neighbors should not have to suffer because the developer wants to make more money and has to request a Variance so he can build more homes.

Fred Price - 3408 214^th St. – stated that the area should not be disturbed or destroyed because of the natural wetland. Mr. Price explained he has lived here for 27 years and the drainage system has been there longer than that and it needs to be addressed. Mr. Price spoke about the road being on a blind curve and how dangerous it is; he spoke about the variance and stated he is opposed to any variance requested.

Julie O’Donnell - 3404 Russet Road, stated she has lived in Brier for 17 years. She spoke on the drainage issues and stated this is wetland area and she opposes the variance request.

Yvonne Doto - 21511 35^th Ave W – asked where would the sewer be placed and stated they would like to be hooked into the subdivision sewer.

Leonard Doto – 21511 35^th Ave W - stated he has two lots abutting the West side of the development and he was the previous owner of the development proposed. Mr. Doto stated that he has never considered the property a Wetland. Mr. Doto went on to describe the property.

Terri Kaemingk - 21740 34^th PL. W  - stated that she lives south of the proposed development and stated her concerns for the wetlands.

Jeff Wick - 3333 214^th ST SW - spoke about flooding and his concern of water runoff onto his property, and safety of the road.

Al Ross - 3309 214^th St SW – Mr. Ross stated that when the development was cleared with the trees being removed it created a problem to his property. He stated that he now has standing water in his back yard, that his deck started to fall because of the mud, and he had to put in a drywell. Mr. Ross also stated that the access road to the development lines up with his front door and traffic kicks up the rock from the road and it broke his front door window which cost him $1000, he is very concerned that this will continue.

Fred Price – 3408 214^th St - stated he is concerned that the culvert is not large enough to handle the water coming down the stream.

Corey Friesen – 3308 214^th St. SW – stated he is concerned with additional traffic and the blind curve to the road, which makes it very dangerous.

It was explained that construction times are from 7:00 AM to 8:00 PM Monday through Friday and only on Saturday or Sunday with permission from the Mayor or his designee.

Christine Price – 3408 214^th St. - is a daycare provider and stated her concern for the noise that may come from the construction.

There were no other comments.

Chairman Lavoie closed the Public Hearing at 8:31 PM.

There was discussion.

Commissioner Hodgen moved to approve Subdivision #SUB01-01 with the conditions that the last 10 feet be dedicated to no lawn be planted. Motion died for lack of a second.

Commissioner Marley moved, and Commissioner Hodgen seconded to recommend to Brier City Council to approve Subdivision #01-01 and Variance #V01-005 with the following conditions:

1.       Include all City correspondence and Resolution #476.

2.       Incorporate the suggestions in the December 11, 2001 letter from the City Engineer, and correct Item #9 and Item #5 under "Drainage Plan" from the February 3, 2004 City Engineer letter. They are to read the same, "setting the vault 20 feet from the edge of the vault to the building envelope".

3.       To install the fence as soon as the wall is installed on the east side of the access road.

4.       To tight line the 18-inch drainage line from Timbervale to the second existing #2 catch basin.

5.       Applicant agrees to use the latest 2001 DOE drainage manual.

Motion Carried.

The Planning Commission recessed at 9:49 PM, Chairman Lavoie continued the Planning Commission meeting at 9:52 PM.

OLD BUSINESS - CONTINUATION: :

SHORTPLAT APPLICATION #SP03-002 CREEKSIDE, BY MOORE/WALKER @ 21206 POPLAR WAY.

Mr. Walker handed out a Plat map to the Planning Commission and reviewed the changes requested by the Commissioners at their September 2003 meeting. 

There was discussion regarding lot potential mitigation, reconfiguring the Short plat, easements, and wetland delineation.

Commissioner Hodgen moved, and Commissioner Wahlgren seconded to recommend to the Brier City Council denial of Short Plat #03-002, due to the failure to comply with the 2001 DOE manual. Motion Carried with Commissioners Hodgen, Marley, and Wahlgren voting to approve the motion and with Commissioners Brock and Funk voting no, and Commissioner Lavoie abstaining.

ADJOURNMENT:

Commissioner Wahlgren moved and Chairman Lavoie seconded to adjourn. Motion Carried and the meeting adjourned at 11:02 PM