HomeMy WebLinkAboutVA93-16 Kalal Variance
VA93-lh
PIDt J-~--/Hj(, (.1,';' '1 ()
CITY OF PRIOR LAKE
APPLICATION FOR VARIANCE
Applicant: 1-01/~~ Q. ~k.--Z.
Address: vii Cj (~~}jL!.
Property Owner:_(//"~,Y1'U{2 ~1
Address: i/ /1 9 (l h.'Uh ~. t!!,
Type of Ownership: Fee Contra~
Consultant/Contractor: . ~
Home Phone: 4-~ 7<"" ~/ 7J
Work Phone: SI.r 7- .2 f" ~/ LI
Home Phone: 0/ ~ 7 .-~ i? I
Work Phone: J~r? '7 - :.1- 1/ q q
Purchase Agreanent
Phone:
Existing Use
of Property:. ~JIV/,td rAMJLY Present zoning:,A-..JL"''''"~JL
Legal Description I ,
of Variance Site: E. 30 ~ Ldf 19 ~ z,. w "'1-0 6F l..d'I20 .13i.tX./< 2. L.A14!~/pE GAr<ptElJ.5
Variance Requested: 4-' w.5//)f! YA/l..]). 4-~ Rt!AR.. YARJ> M6J;r. Df;:T.Ac.1-Ir!r> !nTeuoru~E$.
~ /3.b % LMPlI!J1vll>U:s. ~~tAa ~
Has the applicant pretliously sought to plat, rezone, obtain a variance or conditional
use permit on the subject site or any part of it? Yes..x a>
What was requested:
When: Disposition:
Desc;:~ the type of ilnp);ov,ement..,s p~oposed: ;2 f' X .3 Y / dtl!iie.kt. tLvr,. ("
.a'-uLTiLL~~r '//J<.././f-$G.l.. AMA-i v'
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SUBMISSION .tillJUIREMENrS:
(A)Completed application form. (B)Filing fee. (C)Property SUrvey indicating the
proposed developnent in relation to property lines and/or ordinary-high-water mark;
proposed building elevations and drainage plan. (D)Certified from abstract firm,
names and addresses of property owners within 100 feet of the exterior boundaries of
the subject property. (E)Complete legal description & Property Identification Number
(PID). (F)Deed restrictions or private covenants, if applicable. (G)A parcel map
at In-20 '-50 , showing: The site developnent plan, buildings: parking, loading,
access, surface drainage, landscaping and utility service.
ONLY COMPLEl'E APPLICATIONS SHALL BE ACCEPI'ED AND REVIEWED BY THE PLANNItiG <XM-1ISSION.
To the best of my knowledge the information presented on this form is correct. In
addition, I have read Section 7.6 of the Prior Lake Zoning Ordinance which specifies
requirements for variance procedures. I agree to provide information and follow the
procedures as outlL"'led in the Ordinance. ~..I/Ld~ .M~
Apprfcants sigiature
SUbmitted this l day of 7 1923
Fee Owners Signature
THIS SPACE IS 'ID B~ FILLED OUT BY THJ~, P:LANNIl'X; OIRECl'OR
l\,ti C.~NVl'1'lbN~ NVf ~ ~UeMtf1'6D)
PLANNING <X>MMISSION v' APPROJED ~ DENIED 8/;9/93 mTE OF HEARItiG
CITY COUN:IL APPEAL &-.t'.tOlED DENIED" / DATE OF HEARIliG
1 A~~
CONDITIONS: 4" ~A2. '1A~tJ . ... 1-lt>1..,.p ~J<~"t7 1'2.% IMPltLVloL1~ S.U~AG~ \.l4~(.~
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~a. ~J./ A~$o~.Pl..4rJ"6'- e/w/93
~ature of th~fi"~ing Director Date I j
VARIANCE CHECK LIsr
nVARFMn
&JBJEcr ~iT~: ""/-119 UJLQRAl70 .,,- ~t
APPLIC'ANl': WIl-L.IAAti :f. KALAL.-
OCHEDULE HE'ARIM:; DATE:
DNR NOl'ICE IF SHORELAND:
PREPARE ARPA MAP:
APPLIC'ANl' wneE:
PROPERrY OWNERS wnCE:
IDl'ICE ID __ - EtiGlNEERItiG
IDl'IFY OTHER9:
"/A Scott County
NJA Watershed District
<X>MMISSION AGENDA PACKETS:
./ staff Memo
v Application Fonn
v Copy of Public Notice
CHECK
DATE TASK <n1PL~TW
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~ Copy of Parcel Info.
./' other Applicable Info. '-'='ud'~~/~p W 1/lIJI'.
<':J~~
Sl'AFF AcrIVITIES
MAIL UJ1:'Y OF APPLICATION AND
REQUIRED CONDITIONS ID APPLIC'ANl':;
MAIL <X>PY OF APPLICATION AND
CONDITIONS ID DNR:
GIVE u.JJd OF APPLICAIIDN AND
CONDITIONS 'ID BID. INSPECl'OR
ASSIGN FILE NUMBER:
AMEND VARIANCE SUMMARY ~ltti~T:
ADD PER1IT 'ID PROPERrY MG1.T:
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FILE BY: File t: VA~9J.Jb Applicant: WIt.UAM.:::t. KALAL
Legal: L;.e€ A"t.ItA--r'~,.j Address: -!:J19 CbLoRAPb '$7'.
FILE SHOULD <X>NTAIN:
..,/" staff Memo
V . Original Application
~ Copy of Notice to Owners
Ii r Planning Cormn. Minutes
V"" other Information
v- Applicable Maps and Documents
V; Copy of Public Notice
~ Correspondence
1/A- Council Minutes if Applicable
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NOTICE OF tlEARING
FOR
VARIANCE
You are hereby notified that a hearing will be held by the Planning Commission in
the Prior Lake Council Chambers at 4629 Dakota Street S.E. on:
Auuust 19. 1993
at
PURPOSE OF HEARING:
SUBJECT SITE LOCATION:
REQUESTED ACTION:
9:30
P.M.
To consider a variance application for
William Kalal of 4119 Colorado Street.
4119 Colorado Street, East 30' of Lot 19 &
West 40' of Lot 20, Block 2, Lakeside
Gardens, Scott County, Minnesota.
The applicant proposes to construct a 34' by
24' three-car garage at the rear of his
property. In order to construct the
improvements, the following variances are
requested: a 4' rear yard variance from the
10' rear yard setback requirement for
detached garages, a 4' side yard variance
from the 10' side yard setback requirement,
and a 13.6% impervious surface variance
from the 30% impervious surface
requirement of the Shoreland District.
If you desire to be heard in reference to this matter, you should attend this meeting.
Oral and written comments will be accepted by the Planning Commission. For
more information, contact the Prior Lake Planning Department at 447-4230.
Prior Lake Planning Commission
DATE MAILED: August 4, 1993
4629 Dakota St. SE, Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
'VAI6PR'
PLANNING REPORT
AGENDA ITEM:
SUBJECT:
APPLICANT:
SITE ADDRESS:
PRESENTER:
PUBLIC HEARING:
DATE:
5
VARIANCE
WILLIAM KALAL
4119 COLORADO STREET
JAMES HAYES, ASSOCIATE PLANNER
_YESXNO
AUGUST 19, 1993
HISTORYIBACKGROUND:
The Planning Department has received a variance application from William Kalal of 4119
Colorado Street. The applicant proposes to construct a 34 foot by 24 foot three car garage as per
attached site plan. The site currently does not have a garage on the site and the following
variances are requested in order to construct the improvements as proposed:
1. 4' west side yard variance from the 10' setback requirement.
2. 4' rear yard variance from the 10' setback requirement for detached structures.
3. 13.6% impervious surface variance from the 30% impervious surface requirement of the
Shoreland District.
fREVIOUs...PROPOSALS:
There are no previous proposals on file for the subject site.
PHYSIOGRAPHY:
The site is relatively flat and slopes gently from the street to the rear of the site.
ADJACENT lTSES.:
The adjacent properties are mostly developed with single family homes. This neighborhood was
constructed in the 1950s and 60s and has seen numerous improvements since that time.
EXISTING ~O~ITIONS:
The site plan indicates the locations of the existing structure and proposed three-car garage. The
subject site is 70 feet wide and 150 feet long, containing 10,500 square feet. The existing home is
located 10' from the east side property line and 14' from the west side property line. In addition,
the home is virtually centered on the property, 60' from the front property line and 64' from the
rear property line, A building permit was issued May 20, 1993 for a detached garage, but was
delayed once the applicant decided to encroach on the 10' rear and side yard setbacks.
PRECEDENCE:
Staff researched and found that five variance fIles exist for the twenty-one lots located in this
area of Colorado and Pleasant Streets. The attached map indicates the lots that have received
4629 Dakota 51. 5,E" Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
variances. Of the five variances granted, 2 lots received one variance, 1 lot received two
variances, and 1 lot received two variances in two separate files. 4 of these variances were for
side yard setbacks ranging from l' to 5'. One of these variances was for a 5' front yard setback,
and one was for an area variance of 1,000 square feet. Three of the five variances were granted
prior to the 1987 adoption of the Shoreland Ordinance therefore, lot area and impervious surface
coverage were not considered. While the depth of most of these lots would enable the lots to
meet the lot area requirements, the widths are not compliant with Prior Lake zoning standards.
While every variance application is judged on its own merits, there is a similar case which was
found in the past variance files. File number VA 80-12 was a request for a three foot side yard
variance for construction of a two-car garage. The subject site had 75' of width and the applicant
was proposing to add a 24' wide garage. Staff's recommendation was to deny the application due
to the fact that there was no precedence in the neighborhood and no unusual site characteristics.
The Planning Commission compromised in that the garage was scaled back and a one foot
variance was approved. This application merits a similar review due to the fact that the lot is of
substandard width and a garage is being proposed encroaching on the side yard setback.
NETGllBORHOOD ISSUESIIMPACT/CONCERNS.:
This is a well established neighborhood with most of the structures meeting the requirements of
the Zoning Ordinance, even though most of the lots are substandard in width. After reviewing
the site plan, it appears that all development options have not been evaluated. The substandard
width may warrant the side yard setback variance, but the rear yard variance may have an
adverse impact upon the adjacent area. In addition, it should be noted that the applicant removed
an existing garage from the site before consulting with City staff about future development
options. Commonly, the absence of a garage on a single family home site has proved to be a
sufficient argument to grant a variance for a minimal garage. But, in this case the applicant is
requesting a garage that is unreasonable for the size of the property. A reduction in size to 24 feet
by 24 feet would allow a reasonable use of the property in a manner consistent with the area and
observe the precedence established in the area.
ALTERNATIVES:
1. Deny the application based upon findings and facts relative to the hardship criteria of the
Zoning Ordinance, inconsistency with precedent or other purposes related to the Zoning
Code.
2. Table or continue the variance for specific reasons.
3. Approve the application as submitted. The applicant proposes to construct a three-car
garage located 6' from the side property line and 6' from the rear property line. This
would require a side yard variance of 4' from the 10' requirement and a 4' rear yard
variance from the 10' requirement for detached structures. In addition, the proposal will
require a 13.6% impervious surface variance from the 30% requirement of the Shoreland
District.
HARDSHIP FINDINGS:
1. Literal enforcement of the Ordinance would result in undue hardship with respect to the
property.
This criteria has not been satisfied due to the fact that all development options have not
been evaluated. By enforcing the Ordinance, there is still sufficient area to construct a
two-car garage.
2. Such unnecessary hardship results because of circumstances unique to the property.
The site is relatively flat and there are no topographic constraints which require the
placement of the garage in the proposed location.
3. The hardship is caused by provisions of the Ordinance and is not the result of actions of
persons presently having an interest in the property.
The hardship has been created by the applicant by removing an existing garage before
consulting with City staff about future development constraints and due to the large size
of the garage proposed. A three-car versus a two-car 24 foot by 24 foot standard.
4. The variance observes the spirit and intent of this Ordinance, produces substantial justice,
and is not contrary to the public interest.
The variance request may be contrary to the public interest by encroaching on the rear
setback and increasing the impervious surface and related stormwater runoff to Upper
Prior Lake. The Ordinance does not preclude the construction of a two-car garage on site.
The application must consider the substandard width and other constraints associated
with the existing home location.
RECOMMENDATION:
Staff recommends Alternative number 1 due to the lack of demonstrated hardship under the
criteria stated in the Zoning Ordinance. Staff would not object to granting a 6.5% impervious
surface variance so that a 24 foot by 24 foot garage may be constructed within the required
setbacks of 10 feet on the west and south sides of the lot.
fftt~T~Ti>@lJ~
~lNDEPARTMENT OF NATURAL RESOURCES
METRO WATERS - 1200 WARNER ROAD, ST. PAUL, MN 55106
PHONE NO. 772-7910 FilENO.
August 13, 1993
Ms. Deb Garross
City of Prior Lake
4629 Dakota Street South East
Prior Lake, Minnesota 55372
RE: KALAL VARIANCE APPLICATION, 4119 COLORADO STREET
Dear Ms. Garross:
I have received the materials submitted relative to the request for
a side yard, rear yard, and impervious surface variance at 4119
Colorado Street. The Department of Natural Resources is opposed to
the variances as requested. It is unlikely the applicant can meet
the statutory hardship requirement.
If the proposal were reduced to a double garage (roughly 24'x24'),
the side yard variance could be el iminated, and the impervious
coverage greatly reduced. In addition, a double garage could be
located 4' closer to the house without interfering with the
existing tree. This would eliminate the rear yard setback
variance. I have enclosed a modified drawing which I encourage the
City to consider. I believe it represents the least-impact
alternative. It eliminates two of the three variance requests, and
greatly reduces the third (impervious coverage). Unless the
applicant can demonstrate hardship, I don't believe this variance
can be approved. I trust the City will consider and discuss my
suggested alternative.
As always, I appreciate the opportunity to review and comment.
Please forward the results of the outcome of the hearing on this
matter.
1f' cerely,
J,' ~
P t LYn~
Area Hydrologist
AN EQUAL OPPORTUNITY EMPLOYER
June 28, 1993
To whom it may concern
City of Prior Lake
In referance to variance requested by:
W i I I i am Ka I a 1
4119 Colorado Street SE
Prior Lake, Mn.
This variance is requested to bui Id a 24x34 detached garage.
Var i ance needed is 6 feet off South property line and 6 feet
off West property I ine. This would al low trees to remain and
give room for turn around in front of garage. Also we have a
day care in our home and this would give chi Idren a hard surface
play area in the back yard and away from the city street.
We the undersigned are property owners alDutting property at
4119 Colorado Street and agree with the request for a 6 foot
setback to the South I ine and 6 foot setback to the West 1 ine.
Owner
L ldowners abu t t i ng . propert y
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4119 Colorado St. SE
Prior Lake, Mn. 55372
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August 20, 1993
William Kalal
4119 Colorado Street
Prior Lake, MN 55372
Dear Mr. Kalal,
I am writing to notify you of the approval of your variance application with conditions. As you
may recall from the Planning Commission meeting, there were two conditions placed on the
approval, and the approval was for variances less than what you requested. Please refer to the
attached application for the conditions placed on your variance approval. The decision of the
Planning Commission may be appealed to the City Council within five working days. If no
appeal is filed, your building permit may be released on August 27, 1993. Please contact the
Building Inspections Department to schedule site inspections throughout the permit process.
Please note that a variance will become null and void within one year of the date the variance
was granted if substantial progress has not been made to implement its purpose. Please contact
Gary Staber, Building Official if you have any additional questions.
Sincerely,
t=~
Associate Planner
City of Prior Lake
cc:
Pat Lynch, DNR
Gary Staber
File
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLDYER
III.... * *'.
~: ~ : 2~P.T;~~~.~e~o~!.S
111* *
~ * 287 S. Marschall Road
Shakopee, Minnesota 55379-1674
(612) 445-3196
(612) 445-9522 FAX
Home Office: Minneapolis, Minnesota 55401-2499
ACCORDING TO THE RECORDS OF THE SCOTT COUNTY TREASURERS OFFICE THE
FOLLOWING IS A LIST OF PROPERTY OWNERS LYING WITHIN 100 FEET OF THE
FOLLOWING DESCRIBED PROPERTY: EAST 30 FEET OF LOT 19 AND WEST 40
FEET OF LOT 20 ALL IN BLOCK 2, LAKESIDE GARDENS, SCOTT COUNTY, MINNESOTA.
ROGER W. & MARY BRANAM
WILLIAM G. & BARBARA C. EDY
4144 PLEASANT STREET
PRIOR LAKE, MN 55372
WM J. & MARILYN KALAL
4119 COLORADO STREET SE
PRIOR LAKE, MN 55372
THOMAS NORBERT SCHMITZ
4128 PLEASANT STREET
PRIOR LAKE, MN 55372
LARRY L. & JULIE A. STIER
4135 COLORADO STREET
PRIOR LAKE, MN 55372
PATRICK R. DEVITT & WIFE
4110 PLEASANT STREET SE
PRIOR LAKE, MN 55372
NORMAN & MILDRED BORCHARDT
4161 COLORADO STREET SE
PRIOR LAKE, MN 55372
KENNETH T. LILLYBLAD & WIFE
16287 LAKESIDE AVE SE
PRIOR LAKE, MN 55372
LANA M. GIEM
4122 COLORADO STREET
PRIOR LAKE, MN 55372
DANIEL J. WELLENS
4091 COLORADO STREET SE
PRIOR LAKE, MN 55372
DANNY R. & CAROL L. LUNDBERG
4134 COLORADO STREET
PRIOR LAKE, MN 55372
ELMER W. & MARGARET E. CLARK
16280 PARK AVE SE
PRIOR LAKE, MN 55372
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ITEM IV . SIGN ORDINANCE WORKSHOP
Stephen Grittman of Northwest Associated Consultants, Inc., gave a summary on sign verbage,
regulations, and importance to the community as a whole. More signs are not necessarily
merrier and clutter looses its effectiveness. Good communications is the objective and
regulations protects as well as limits. All of the businesses would be uniform in signage. Input
from the Commissioners would be welcome to incorporate into the sign ordinance. Special
events signage should have lesser restrictions. Health, safety, and welfare is used for rational.
Comments from the Commissioners were on: billboards not allowed, filing fees for temporary
signs, over regulation encroaches on somebody's freedom, signs should not be in the median of
highways, difficulty of enforcement, and what are other communities doing.
Associate Planner James Hayes read into the record the agenda of the Minnesota Valley Transit
Authority, meeting of August 16, 1993, outlining MTC's signage program. This agreement must
be reviewed and approved by City Council if the City of Prior Lake is entering into the
agreement.
Mr. Grittman stated that possibly a draft of the sign ordinance would be available the middle of
September.
M V - WILLIAM KALAL - VARIANCE
William Kalal-4119 Colorado Street, had removed his single garage and applied for a building
permit for a 34 X 24 foot garage, it was determined that he was too close to the property and
would need a variance.
Associate Planner James Hayes, presented the information as per memo of August 19, 1993.
The request is for a 4 foot west sideyard variance from the 10 foot setback requirement, a 4 foot
rearyard variance from the 10 foot setback requirement for detached structures, and a 13.6%
impervious surface from the 30% impervious surface requirement of the Shoreland District
Precedence has been found in the neighborhood on five variances that were granted.
A letter from DNR was received and their recommendation is to deny the variances requested. If
the structure was reduced to 24 X 24, the sideyard variance could be eliminated, and the
impervious coverage greatly reduced. The garage could be located 4 feet closer to the house
without interfering with the existing tree and eliminate the rearyard setback variance. DNR does
not believe hardship has been demonstrated.
Recommendation from Staff is deny the application as proposed due to the lack of hardship
demonstrated. However, Staff would not object to granting a 6.5% impervious surface variance
so that a 24 X 24 foot garage may be constructed within the required setbacks of 10 feet on the
west and south sides of the lot.
Commissioner Arnold stated that hardship has not been demonstrated and supports the
recommendation of Staff. There is no topographic hardship and if granted, a precedence would
be set Commissioner Loftus felt the turning radius to drive out of driveway is a safety concern
and reduction of the structure should be considered. Commissioner Greenfield suggested
moving the garage to the east, and reducing the size to 30 X 34 feet. Commissioner Roseth
would support one variance but not two, moving garage to the east, and removal of a tree.
MOTION BY LOFfUS, TO APPROVE TIlE 13.6% IMPERVIOUS SURFACE VARIANCE
FROM THE 30% REQUIREMENT FOR 4119 COLORADO STREET.
.
PLANNING COMMISSION
August 19. 1993
Page 3
.
J)Discussion followed and due to the lack of a second the motion was lost.
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), MOTION BY GREENFIELD, SECOND BY LOFTUS, TO GRANT A FOUR (4) FOOT
.. SOUTH REAR YARD VARIANCE, JUSTIFICATION BEING TIIAT THE PREVIOUS
,,{ GARAGE WAS MOVED FROM A ZERO (0) LOT LINE AND THERE IS EQUITY IN mE
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Vote taken signified ayes by Greenfield, Loftus, and Roseth. Nay by Arnold. MOTION
CARRIED.
MOTION BY LOFrUS, SECOND BY ROSETH, TO APPROVE, BUT NOT TO EXCEED,
THE 13.6% IMPERVIOUS SURFACE VARIANCE FROM TIlE 30% REQUIREMENT OF
THE SHORELAND DISTRICT FOR 4119 COLORADO STREET, JUSTIFICATION BEING
THE HEALTH, SAFETY, AND WELFARE ISSUES TO ALLOW A TIJRNAROUND FOR
EGRESS, AND TO REPLANT THE EXISTING TREE THAT HAS TO BE MOVED OR
REPLACE WITIl A 2 1/2 INCH CALIPER TREE.
Vote taken signified ayes by Loftus and Roseth, Nays by Arnold and Greenfield. MOTION DID
NOT PASS.
Discussion followed on the turnaround surface covering.
MOTION BY GREEt-l...lCLD, SECOND BY LOFTUS, TO APPROVE THE IMPERVIOUS
SURFACE VARIANCE, NOT TO EXCEED 12%, FOR 4119 COLORADO, TIlE OWNER
AGREES TO PLACE PERMEABLE SURFACE IN TIlE TURNAROUND, REPLANT TIlE
TREE THAT HAS TO BE MOVED OR REPLACE WITH A 2 1/2 INCH CALIPER TREE.
JUSTIFICATION THAT THE SIZE OF TIlE GARAGE BE OFFSET BY TIlE PERMEABLE
SURFACE OF THE TURNAROUND.
Vote taken signified ayes by Greenfield, Loftus and Roseth. Nay by Arnold. MOTION
.,
OTHER BUSINESS
Reorganization of Planning Commission. Dave Wuellner has resigned and no one has been
appointed to fill the vacancy as of yet. It was suggested to vote for the Chairperson and
Vice-chairperson at this meeting and not wait for the new member.
MOTION BY LOFTUS, SECOND BY ROSETIl, TO NOMINATE CHUCK ARNOLD FOR
THE POSITION OF PLANNING COMMISSION CHAIRPERSON.
Vote taken signified ayes by Loftus, Roseth, and Greenfield. Arnold abstained. MOTION
CARRIED.
MOTION BY LOFfUS, SECOND BY ROSETH, TO NOMINATE ALLEN GREENFIELD
FOR THE POSITION OF PLANNING COMMISSION VICE-CHAIRPERSON.
Vote taken signified ayes by Loftus, Roseth, Arnold, and Greenfield. MOTION CARRIED.
Commissioner Greenfield suggested that the chairperson or vice-chairperson work with Staff
coordinating work activities for the Planning Commission. Commissioner Loftus felt the
presiding chairperson should set the tone for parliamentary procedures but all the Commissioners
PLANNING COMMISSION
August 19, 1993
Page 4
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