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CASE <br /> <br /> REQUEST FOR APPROVAL OF A METES AND BOUNDS SUBDIVISION; CASE OF <br /> JACOB AND PETER BARTHOLD AND GOOD VALUE HOMES <br /> By: Zoning Administrator Sylvia Frolik <br />Background: <br /> <br />Jacob and Peter Barthold and Good Value Homes are requesting a metes and bounds subdivision <br />to facilitate the development of the proposed plat of Apple Ridge. Apple Ridge has received <br />preliminary plat 'approval and as such, there is an approved gradlng plan for the plat. Good <br />Value may now begin site preparation and installation of improvements but their policy is not to <br />do so unless the land is held in fee title. Apple Ridge consists of one 40 acre parcel and portions <br />of other parcels owned by Jacob Barthold and his son, Peter. Good Value desires to close on the <br />land acquisition at this time and that doesn't present a problem with the 40 acre parcel. <br />However, to acquire the portions of Barthold parcels affected by the site preparation prior to final <br />plat requires an approved subdivision of those parcels. City Code requires subdivision of land to <br />be accomplished by platting unless there is a hardship. In lieu of the fact that the subject <br />property is currently being platted, the developer is requesting a metes and bound subdivision to <br />facilitate site preparation. An exhibit of the property to be acquired from J.P.J.V Addition for <br />future inclusion in Apple Ridge is enclosed for your information. <br /> <br />Observations: <br /> <br />Section 9.50.09 (Filing and Recording Conveyances); Subd. 2 (Hardship) states that in any case <br />in which compliance with subdivision regulations causes an unnecessary hardship, the Council <br />may waive the platting requirements by adoption of a resolution to that effect. It is City Staff's <br />opinion that requiring a minor subdivision for the acquisition of land currently being platted in <br />accordance with City Code is an unnecessary hardship. <br /> <br />In the past 3-1/2 years, the City Council by a 5 to 0 vote has approved 3 similar requests for <br />metes and bounds subdivisions to facilitate the development of property being platted or about to <br />be platted. Two of the cases were between Sidney Schaumburg and Darnel Blume and Good <br />Value Homes and the third was for Walter Scroggins and an unknown developer at the time. <br /> <br />Recommendation: <br /> <br />City Staff recommends approval of the request for metes and bounds subdivision. <br /> <br /> Council Action: <br /> <br /> Motion to: <br /> Adopt Resolution #97-08 ting approval of a metes and boupds <br /> for Jacob Barthold and Peter Barthold. <br /> <br />Review Checklist: <br /> <br />City Attorney <br /> <br />subdivision <br /> <br />PC: 08/26/97 <br /> <br /> <br />