Agenda - Parks and Recreation Commission - 04/21/1983

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I I I I I I I I I I I I I I I I COUNCIL NEW BUSINESS Case #1: Request To Subdivide By Metes And Bounds; Case Of'Ms. Marl~s_ Schindeldecker: Motion by Councilmember Reimann and seconded by Councilmember Sorteberg to approve the findings of fact as presented by the Planning and Zoning Commission. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Sorteberg, Reimann, Schlueter and Van Wagner. Voting No: None. Motion by Mayor Gamec and seconded by Councilmember Reimann to disapprove' the request of Ms. Marlys Schindeldecker to subdivide Plat 89220, Parcel 7350 into two 2~ acre parcels, based on the findings of fact. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Sorteberg, Reimann, Schlueter and Van Wagner. Voting No: None. COUNCIL OLD BUSINESS Case ~2: Request For Variance From Subdivision Ordinance; Case Of Mr. and Mrs. Harold Phelps: Mr. Goodrich stated that this case was erroneously placed on the February 22, 1983 Council agenda, the Phelps were not present, City Staff recommended approval of the request and Council action was to deny approval and now the Phelps are requesting Council to reconsider the case. Councilmember Reimann stated that his concern in this case would be providing emergency service to the Phelps, which could be hindered by such an extended driveway. Jeff Hicken - Phelp's attorney - Stated that Mr. phelps is willing to waive any liability if emergency services cannot be provided because of driveway conditions. Mr. Schnelle stated that Council is not being consistent with past policy. Councilmember Reimann commented that in past similar cases, it was a requirement that the subject property be situated on street frontage in order to acquire a building permit. Councilmember Relmann also inquired about future subdivision. Mr. Clayton Berg stated that an easement does not constitute a subdivision and Mr. Phelps will not be able to subdivided until a City street becomes available onto the property. Motion by Councilmember Van Wagner and seconded Councilmember Sorteberg to rescind action taken at the February 22, 1983 Council Meeting by Council regarding Mr. Harold Phelps request for variance from subdivision ordinance. Motion carried. Voting Yes: Mayor Gamec, Councilmembers Sorteberg, Schlueter and Van Wagner. Voting No: None. Abstain: Councilmember Reimann. Motion by Councilmember Sorteberg and seconded by Councilmember Van Wagner to approve Mr. Harold Phelps' request for variance from subdivision ordinance based on the findings of fact which Council adopted February 22, 1983. 'C/March 2~, 1983 Page 13 of 24