Chairman Pro-Tem Thorpe called the Brier Planning Commission meeting to order at 7:01:41 PM.

ROLL CALL:

PRESENT:                                  Commissioners DeMorett, Rosman, Scott, Weston, Thorpe and Jonart.

ABSENT:                                    Commissioner Marley; Councilmember Gallagher.

STAFF:                                       City Planner Gaudette, City Attorney Kaseguma and Clerk-Treasurer Swisher.

APPROVAL OF MINUTES:

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 & ORAL COMMUNICATIONS:

Ken 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.

PUBLIC HEARINGS:

Chair 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 27^th 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.

OLD BUSINESS:

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.

Commissioner 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 Carried.

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.

MISCELLANEOUS BUSINESS:

Vladan Milosavljevic stated that the 14^th 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.

ADJOURNMENT:

Commissioner Weston made a MOTION to adjourn. Commissioner Rosman SECONDED. Motion carried. Meeting adjourned at 7:30:50 PM.