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LL CALL VOTE ON MOTION CARRIED 5 -1. The ayes were COMMISSIONERS KING, WAT • ,JANZ, <br />KER ' nd TORRES. The no was COMMISSIONER SCHMITT. <br />COMMISSIONER <br />meeting. <br />INS MOVED to postpone Findings of Fact for this - e until the March regular <br />d the <br />COMMISSIONER WATKINS MOVED to . . • '• <br />findings of fact from alternate recommendatio u • ' : • 3 to be used as findings of fact for this case in <br />lieu of postponement. <br />ROLL CALL VOTE ON MO . 0 AMEND FAILED 6 -0 <br />n to take the conditions of approval and <br />ROLL CAL : ON MOTION TO POSTPONE CARRIED 5 -1. The ayes were COMMIS . "S KING, <br />JA. , ' ATKINS, KERSCH, and TORRES. The no was COMMISSIONER SCHMITT. <br />OLD BUSINESS <br />A) Case 11 -003. Adopt Findings of Fact in support of the commission's denial of a Similar Use <br />Determination, according to KIBC 17.15, 090.A, to allow the storage of petroleum contaminated <br />soil for the purpose of ADEC approved treatment, as a use that is similar in character and <br />impact to permitted or conditional uses in the I- Industrial zone, including Asphalt Batch and <br />Mixing Plant, Manufacturing or Refining (KIBC 17.105.010.C) or, Petroleum or Flammable <br />Liquid Production, Refining or Storage (KIBC 17.105.020.F), the latter use would also require a <br />conditional use permit (CUP) review if approved as a similar use by the commission. (Case <br />postponed from the September 30, 2010 regular meeting.) The applicant is John Zbitnoff and <br />the agent is Jascha Zbitnoff. The location is 465 Sargent Creek Road, and the zoning is (- <br />Industrial. <br />Cassidy stated this is a denial of a Similar Use Determination request from your previous meeting. <br />Findings of Fact should be adopted in support of your denial. <br />COMMISSIONER KING MOVED to adopt the findings contained in the memorandum dated February 4, <br />2011 as "Findings of Fact" in support of the denial of a similar use determination in Case 11 -003. <br />FINDINGS OF FACT <br />17.15.090.A Land uses other than those specifically permitted or conditionally permitted in a <br />district may be allowed if they are similar to those listed and are found by the commission, <br />after a public hearing. to be similar in character and impact. <br />1. Because the applicant has not provided a specific proposal or site plan, it is impossible to analyze <br />the potential impacts of the use. <br />ROLL CALL VOTE ON MOTION 5 -1. The ayes were COMMISSIONERS KING, WATKINS, JANZ, KERSCH, <br />and TORRES. The no was COMMISSIONER SCHMITT. <br />B) Case 11 -015. Adopt Findings of Fact in support of the commission's approval of . . ance, <br />acc. • : to KIBC 17.195 to allow a fence in a portion of the side yard an • • entire rear yard <br />on Lot 3 -A, : , 2, Woodland Acres 2nd Addition, to be eight (8 in height which is two (2) <br />feet higher than the 6) foot fence height permitted . sidential zoning districts by KIBC <br />17.170.020.A. The applican . Shaw & Dana Pa son. The location is 3974 Woodland Drive, <br />and the zoning is RR -Rural Residents <br />Cassidy stated we compiled findi <br />Variance to allow a 2 foot a <br />fact forwar <br />commissioners into a memo. You granted a <br />on to the fence at last month s - -ting. <br />COMMISSIONER JA OVED to approve findings of fact for Case 1 15 to grant a Variance, <br />according to KI :' 17.195, to allow a fence in a portion of the side yard and the e e rear yard on Lot <br />3 -A, Block , oodland Acres 2nd Addition, to be eight (8) feet in height which is two feet higher <br />than t. six (6) foot fence height permitted in residential zoning districts by KIBC 17.170.02 i. t and to <br />ad.. t findings contained in the Findings of Fact Memo dated February 5, 2011 for Case 11 -015. <br />2/16/2011 <br />P &Z Guidelines <br />Page 11 of 13 <br />