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May 22, 1996 Plan Commission Meeting Minutes Page 5 Mr. Goldman stated that there is no indication that the adjoining property owners have been involved in the process recently. He feels that since the restriction for the use of property encompasses a 100' diameter from the tree trunk, the city would be remiss in not including them in the process. Ms. Peniston stated that she spoke with the property owners to the west of the tree. They were not happy about the designation because it would severely limit the use of their property. Ms. Peniston was concerned that the abutting property owners did not fully comprehended the effect of the designation to the use of their properties. Ms. Peniston stated that she does not want to vote for the proposal as written because there is no way to adhere to the conditions. She would like to have some of the requirements changed in order for them to be more realistic. There is also no information about who is responsible for maintaining the tree. If the city was responsible for maintenance it could possibly work but it would be too much of a burden on the property owners to maintain the tree. The site plan does not show the adjacent structures Mr. Smith stated that he would prefer to postpone the vote until it is made clear who is responsible for maintenance of the tree. He also feels that the adjacent property owners should be made clear exactly what the designation will mean to the use of their property. Mr. Solodar stated that the site plans submitted do not depict the structures on the abutting properties to the east and west, therefore there is not enough information on the affected area. He agreed that the vote should be postponed to give the Historic Preservation Commission time to address these concerns. Mr. Foxworth moved that the application for landmark designation be tabled until the June 26, 1996 meeting. Attendance of a representative of the Historic Preservation Commission is requested to assist the Commission in their decision. In the interim, the commission asks that a site plan be submitted depicting the 100' diameter circle and where it intersects with abutting properties and structures. The commission members ask that the owners of the abutting properties be consulted on the plan for their input. The commission also requests information about responsibility for maintenance of the tree. The motion was seconded by Ms. Peniston and passed by a vote of 4 to 0 with all members voting "aye." Discussion of proposed text amendment concerning residential to residential yard lighting nuisances Discussion on this agenda item was tabled because there is pending legislation being drafted under the municipal code to handle this problem. The matter will be addressed at a later date if necessary. Preliminary Plat Hearing, Resubdivision of two-family dwelling into condominiums, 7417 Delmar Chairperson Solodar announced that a hearing was scheduled to hear an application from Ernest m-5-22.plc