BRIER PLANNING COMMISSION MINUTES
May 18, 2016
Chairman Pro-Tem Thorpe called the Brier Planning Commission
meeting to order at 7:01:41 PM.
PRESENT: Commissioners DeMorett, Rosman, Scott, Weston, Thorpe and Jonart.
ABSENT: Commissioner Marley;
STAFF: City Planner Gaudette, City
Attorney Kaseguma and Clerk-Treasurer Swisher.
Chairman Pro-Tem Thorpe opened for consideration approval of
the April 20, 2016 Planning Commission minutes. Commissioner
Rosman made a MOTION to approve the
April 20, 2016 Planning Commission minutes. Commissioner
Scott SECONDED. Motion Carried.
COMMITTEE REPORTS: None.
PUBLIC REQUESTS &
Yohe, Brier, asked what the stipulations are to reopen a hearing on a variance.
City Attorney Kaseguma explained that at its last meeting, the Commission voted
to reopen the hearing on the Milosavljevic variance application, if recommended
by the City Attorney to the Commission Chair on or before May 2, 2016, and that
the City Attorney had made such a recommendation to the Chair by that deadline.
Pro-Tem Thorpe opened the re-opened Public Hearing for Variance #V15-01 (Vladan
Milosavljevic), which would allow a proposed building to be approximately
10-feet higher than the allowed height limit for the property, located at 23005 27th Ave W.
City Planner Gaudette gave an overview of the Variance application.
Chair Pro-Tem Thorpe invited the applicant, Vladan Milosavljevic, to
speak. Mr. Milosavljevic thanked the
City for its work and research on the application. He also stated that: the proposed private
chapel would have two domes of 30-feet each, for a total of 40 feet in height;
people say the building is awkward; neighbors say the building is too tall; the
building is shorter than 100-foot tall Douglas fir trees; and the application
should be allowed for a place of worship.
Cheryl Mustard, Brier, who lives behind the Milosavljevic
property, testified that: the building would completely block her view of the
sunset at night and anything else to the west of her property; the building
would be the only thing she would see; and the building would detract from the
rural neighborhood and drastically change the neighborhood. She asked about the size of the family that
would use the building, noting that there is a difference between a family of 5
as opposed to a family of 150.
Ken Yohe, Brier, who lives within two blocks of the proposed
building, stated that: he is thinking of selling his home; a potential buyer
would be put off by this structure being built in the middle of a residential
area; a roof line of this height might as well be a duplex or apartment.
Theodore Cox, Brier, who lives next door to the property, stated
that: he doesn’t have any problem with
this being built; it will look better than what is there now; there are tall trees everywhere; there are
rights to do things; and the variance
should be done.
Chair Pro-Tem Thorpe asked Mr. Milosavljevic whether he would like to give a
rebuttal. Mr. Milosavljevic stated that:
it took a long time to get to this point; the chapel is very important to him
and his family for religious purposes; the First Amendment gives him the right
to worship and build a place to worship with his family; the chapel is
important; and it should be allowed.
Commissioner Rosman made a MOTION to deny Variance #V15-01 based
on the fact that it does not meet the eight requirements for a variance, but only
meets two. Commissioner DeMorett SECONDED. Motion Carried.
Chair Pro-Tem Thorpe opened for consideration the postponed
motion from the April 20, 2016 meeting to approve the written Report and
Recommendation to the City Council that was prepared by City staff (based on
the March 30, 2016 vote of the Commission to deny Variance #V15-01) and
submitted to the Commission at the April 20 meeting. Commissioner DeMorett made
a MOTION to approve and take the Report and Recommendation to the City
Council as outlined by the Planning Commission regarding the denial of Variance
#V15-01. Commissioner Scott SECONDED. City Attorney Kaseguma asked the
Commissioners to look at page 2 of the Report and Recommendation, and pointed
out that the draft minutes of this May 18, 2016 meeting will accompany the Report
and Recommendation, so that the Council will be aware of the additional
testimony on May 18. Motion Carried.
City Attorney Kaseguma pointed out that the Report and
Recommendation is for signature by the Chair, not the Chair Pro-Tem. He recommended that the Commission pass a
motion to reconsider the motion just passed, so that a motion approving the Report
and Recommendation and authorizing the Chair Pro-Tem to sign it can be passed.
DeMorett made a MOTION to reconsider the motion that was just made (approving
the Report and Recommendation to the City Council), so that the Commission can
authorize Chair Pro-Tem Thorpe to sign the recommendation. Commissioner Scott SECONDED. Motion
Commissioner Weston made a MOTION to approve the Report and
Recommendation to the City Council for applicant Vladan Milosavljevic in the
packet, with the change that the Pro-Tem Chair be substituted for the Chair in
the report. Commissioner Scott SECONDED. Motion Carried.
Milosavljevic stated that the 14th
Amendment prohibits multiple hearings. City Attorney Kaseguma stated that there
technically was one hearing, which was continued and reopened.
Planner Gaudette reminded everyone that she sent out an email
webinar a while ago about the sign code that they need to watch as the code
will be coming to them in the coming months.
Commissioner Weston stated that she has a new email so please
watch for that if using old email strings.
Weston made a MOTION to adjourn. Commissioner Rosman
SECONDED. Motion carried. Meeting adjourned at 7:30:50 PM.
In accordance with the requirements of title II of the American's with Disabilities Act of 1990, should you need special accommodations please contact Paula Swisher, City Clerk-Treasurer at 425-775-5440 with one weeks notice.