10.3. SR 06-17-2013 �i
EOty lk REQUEST FOR ACTION
River
TO ITEM NUMBER
Mayor and City Council 10.3
AGENDA SECTION MEETING DATE PREPARED BY
Work Session June 17, 2013 Jeremy Barnhart,Deputy Director,
CODD
ITEM DESCRIPTION REVIEWED By
Discuss Bitner Conditional Use Permit Cal Portner, City Administrator
REVIEWED BY
ACTION REQUESTED
Provide direction to staff regarding the response to the complaint receieved.
BACKGROUND/DISCUSSION
The city received a complaint regarding the condition of the driveway that serves Dean Bitner's
contracting business at 10337 Twin Lakes Road. The driveway is provided by an easement through the
adjacent property, owned by Jerry Kunza. Mr. Kunza has grown frustrated with the condition of this
shared driveway, and feels much of the burden to repair and maintain the driveway is due to the heavy
machinery used by Mr. Bitner. The easement was created in 2000 does not include a maintenance
provision.
A similar issue was raised in 2005, and the city determined that the issue of shared driveway maintenance
is a civil issue, to be resolved by the parties,not the city.
This remains true,however, the Council could determine that the standards for issuance are not being
maintained,in particular item a. (5) below,in bold.
Sec. 30-654. Standards for issuance.
(a) Required findings. The planning commission shall recommend a conditional use permit
and the council shall order the issuance of such a permit only if it finds that such use at the
proposed location:
(1)Will not endanger, injure or detrimentally affect the use and enjoyment of other
property in the immediate vicinity or the public health, safety, morals, comfort,
convenience or general welfare of the neighborhood or the city.
(2)Will be consistent with the comprehensive plan.
(3)Will not impede the normal and orderly development and improvement of
surrounding vacant property.
(4)Will be served adequately by and will not adversely affect essential public facilities
and services including streets, police and fire protection, drainage, refuse disposal,
water and sewer systems, parks and schools; and will not, in particular, create traffic
P o w E a E U a r
ATURE
congestion or interference with traffic on adjacent and neighboring public
thoroughfares.
(5)Will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons or property
because of excessive traffic, noise, smoke, fumes, glare, odors, dust or
vibrations.
(6)Will not result in the destruction, loss or damage of a natural, scenic or historic
feature of major importance.
(7)Will fully comply with all other requirements of this Code, including any applicable
requirements and standards for the issuance of a license or permit to establish and
operate the proposed use in the city.
Staff is seeking direction regarding the response to the complaint.
FINANCIAL IMPACT
None
ATTACHMENTS
■ Area map
N:APubhc Bodies\Agenda Packets\06-17-2013\Final\x10.3 sr Bitner complaint.docx
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