Chairman Steele called the Brier Planning Commission meeting to order at 7:01:04 PM .

7:02:42 PM

ROLL CALL:

PRESENT:                                  Commissioner Funk, Commissioner Lavoie, Commissioner Marley, Commission Chair Steele, Commissioner Olson, Commissioner Thorpe and Council Liaison Krienke.

ABSENT:                                    Commissioner Smith.

STAFF:                                       Director of Community Development Cutts

APPROVAL OF MINUTES:

Chairman Steele opened for consideration approval of the March 7, 2007 Planning Commission minutes. Commissioner Lavoie moved and Commissioner Thorpe seconded to approve the March 7, 2007 Planning Commission minutes as written. Motion Carried.

The Planning Commission Minutes of March 21, 2007 were previously approved at the Planning Commission meeting of May 16, 2007.

Chairman Steele opened for consideration approval of the May 16, 2007 Planning Commission minutes. Commissioner Lavoie moved and Commissioner Marley seconded to approve the May 16, 2007 Planning Commission minutes as written. Commissioner Funk abstained. Motion Carried.

Chairman Steele opened for consideration approval of the August 22, 2007 Planning Commission minutes. Commissioner Lavoie moved and Commissioner Olson seconded to move the August 22, 2007 Planning Commission minutes to the next regular Planning Commission meeting due to lack of quorum of Commissioners present at the August 22^nd meeting. Motion Carried.

Chairman Steele opened for consideration approval of the September 19, 2007 Planning Commission minutes. Commissioner Marley moved and Commissioner Thorpe seconded to approve the September 19, 2007 Planning Commission minutes as amended. Commissioner Lavoie abstained. Motion Carried.

COMMITTEE REPORTS:

Councilmember Krienke gave a report on the Council Workshop from October 16, 2007.

PUBLIC HEARINGS:

Chairman Steele opened the Public Hearing at 7:16:05 PM for Conditional Use Permit CU07-003 to allow for five dogs to be located at 23802 35^th Ave W.  Director of Community Development Jim Cutts presented the Commissioners with the City’s Staff Report concerning CU07-003. Staff recommends that the Planning Commission recommend approval of the proposed Conditional Use Permit to the City Council with conditions. Applicant Shannon Flynn was present and explained her situation to the Commissioners in regards to the Conditional Use Permit to allow for 5 dogs to reside at the residence. She asked the Commissioners to change the 5 dog limit that she was asking for to a 6 dog limit. Susan Rott of 23806 35^th Ave W, Brier addressed the Commissioners. Susan Rott is not against her neighbors having 5 dogs as long they are courteous and she is allowed to complain to the City of Brier should any problems arise from the situation. Patrick Basset 6550 3^rd Ave NW, Seattle is the current neighbor of the applicants and says he cannot hear the dogs from his residence which is roughly 16-20 ft. away from the applicant’s residence. Mr. Basset commented on how courteous and respectful the applicants are regarding their dogs. Chairman Steele closed the Public Hearing at 7:40:00 PM. There was discussion amongst the Commissioners. Commissioner Marley moved and Commissioner Lavoie seconded to recommend approval of Conditional Use Permit CU07-003 to allow for five dogs to be located at 23802 35^th Ave W. to the City Council with amendments to the following conditions recommended by City Staff:

1)       That the applicants submit a site plan to the Community Development Director showing the location of the dog yard and how it is to be fenced in.

2)       That the applicants not be allowed any more the five six dogs and that, if more animals are added, that the applicants first get the approval of the City of Brier.

3)       That if the City of Brier receives 3 or more bonafide complaints from the neighbors within 1 year that the matter be brought back before the Planning Commission for a revocation hearing and recommendation to the City Council.

4)       Should a litter occur the applicants must sell or disburse the animals within 6 months.

Motion Carried.

Chairman Steele opened Public Hearing to make Amendments to the Chapters 15, 16 and 17 of the Brier Municipal Code (BMC) at 8:03:48 PM .There was discussion among the Commissioners.  Commissioner Lavoie moved and Commissioner Funk seconded to recommend approval to the City Council to amend section 17.12.040 of the Brier Municipal Code as written. Motion Carried.

 Commissioner Thorpe moved and Commissioner Funk seconded to recommend approval to the City Council to amend sections 15.20.010, 15.20.040, 17.24.010 and 17.30.030 of the Brier Municipal Code, and repealing sections 15.20.030 and 15.20.050 of the Brier Municipal Code with the following amendments: Section 3. Sections 15.20.030 and 15.20.050 of the Brier Municipal Code are is repealed, and Attorney’s review for removal of 15.20.050, and Section 4. Paragraph C. 1) remove ‘or rent, and is used only for family members, guests, or caretakers of the owner of the property’ and add a period after ‘sale.’ Motion Carried.

Commissioner Lavoie moved and Commissioner Marley seconded to recommend approval to the City Council to amend sections 16.12.040, 16.24.010, 16.24.030 and 16.24.040 of the Brier Municipal Code as written. Motion Carried.

Commissioner Marley moved and Commissioner Thorpe seconded to recommend approval to the City Council to amend sections 16.04.030, 16.16.160, 16.20.020(A) and 16.32.020(A) of the Brier Municipal Code with the following amendments: 16.16.160 Subsection H. to comply with the sizes in 18.20.110 (E) 1 A and B. Commissioner Lavoie opposed. Motion Carried.

Chairman Steele Closed the Public Hearing at 9:01:58 PM.

 Commissioner Lavoie moved and Commissioner Marley seconded to recommend approval to the City Council to amend Chapter 2.12 concerning the Planning Commission with the following amendments to 2.12.010 paragraph “D”: should include “unexcused” before absence in the last sentence and 2.12.12.030 paragraph “A”: should include that commissioners shall select a Chair and Pro-Tem at the February meeting of each calendar year. Motion Carried.

Chairman Steele opened Public Hearing on a Resolution to amend the amount of fees and charges for services provided by the City and an Ordinance to amend Chapters 16.08.020 and 16.28.040 (Fees) for processing Preliminary Applications, Lot Line Adjustments, Short Subdivisions and Preliminary and Final Plats at 9:12:20 PM. There was discussion among the Commissioners. Chairman Steele closed the Public Hearing at 9:34:03 PM. Commissioner Marley moved and Commissioner Thorpe seconded to recommend approval to the City Council of a Resolution to amend the amount of fees and charges for services provided by the City as written. Motion Carried. Commissioner Marley moved and Commissioner Olson seconded to recommend approval to the City Council of a Ordinance to amend Chapters 16.08.020 and 16.28.040 (Fees) for processing Preliminary Applications, Lot Line Adjustments, Short Subdivisions and Preliminary and Final Plats as written with the following amendments: 1) The hourly fee be raised to $60/hour. 2) The processing fee is reviewed at least every 2 years. Motion Carried.

ADJOURNMENT:

Commissioner Marley moved and Commissioner Thorpe seconded to adjourn. Meeting adjourned at 9:36:23 PM .