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. . December 22, 1993 Plan Commission Meeting Minutes Page 2 Mr. Kimble Cohn explained that he was developing the building at 6901 Delmar as a multi- tenant office under his previously approved Conditional Use Permit #311. He feels the new parking lot layout is superior to the previous plan. It has a dominant north/south access with a line of trees within the parking lot. It is in compliance with the 15' setback except for the northeast comer. The plan differs with regard to the west setback line by having a 21' side setback instead of the 22' setback previously approved. The reason for the l' reduction is to save a tree close to building. He also has an covenant agreement with the property owner to the west that allows the 21' setback with the proviso that a 6' fence be erected along the west property line. Chairperson Marsh called on Planning Director Al Goldman to provide the staff report. Mr. Goldman stated that Mr. Kimble A. Cohen has submitted an application to amend Conditional Use Permit #311 to accommodate a change in the parking lot layout. The revised site plan shows 48 spaces in a formally landscaped arrangement that is designed to be in character with the formal symmetry of the building. The building contains approximately 12,000 square feet of floor area adaptable to office use. The Zoning Code requires 40 off street parking spaces for general offices of this size. The north-east comer of the parking lot encroaches on the 15 foot transitional yard required along the north property line. The transitional yard as proposed will vary between 8 feet at the northeast comer to 34 feet at the northwest comer, thus averaging considerably more than the 15 feet required. I find the proposal within the spirit of the code and recommend that it be approved as shown. It should be noted that the transitional yard along the west side has been reduced by one foot to 21 feet. Early discussion relative to this site included consideration of a 25 foot transitional yard along the west. It was agreed to reduce this to 22 feet when the Conditional Use Permit was recommended for approval by the Plan Commission last August 10, 1993. I see no reason to reduce it further. I recommend approval of the proposed amendment to Conditional Use Permit #311, subject to the conditions of the original permit with Condition No.3 changed to read as follows: 3. No fencing shall be required along the north and west property lines, and transitional yards shall be as shown on the submitted plan, except that a 22 foot transitional yard shall be maintained along the west property line. Chairperson Marsh opened the public hearing and asked for testimony from the public. Sam Blumoff, 5 Princeton, stated that he was concerned with the dumpster being located so close to his property because the noise from disposal would most likely bother him at early morning hours. He also feels that the applicant should be required to erect a fence along the north property line in order to better separate the commercial and residential uses. When asked about his reaction to the fence, Mr. Cohn responded that he would prefer to screen the areas with landscaping rather than a fence. Ron Scott, 6942 Amherst, stated that he was there as trustee of University Heights #1 Subdivision. The Chairperson closed the public hearing. m-12-22.plc