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I I I I I I I Commissioner Dunn stated that approving such requests as this is how the City ended up with problems such as Bison Street. Mr. Berg stated that Bison Street ended up being a problem because further subdivisions were allowed. Mr. Phelps stated that he has no desire to further subdivide his 30 acre parcel, that he is looking for isolation and seclusion. He further commented that any subdivision would require a variance and the City could choose not to approve. Mr. Phelps stated that he was not aware that a variance would be required to build on the subject property when he entered into the purchase agreement. Commissioner Schneider commented that the City could end up in court if the ordinances are not enforced uniformly. Commissioner Schneider further stated that she foresees similar requests coming before the City as a means of foregoing the costs of subdividing and developing, if this request for variance is approved. Co~missioner Dunn suggested adding the following to.the findings of fact: 7). Physical Hardship - There are no public roads that abut this subject property. Commissioner Deemer disagreed~because the sUbject property is still part of the total 70 acre parcel and there is acess to the total 70 acres. Some discussion followed regarding whether or not the 30 acres is still a part of the total 70 acre parcel. Commissioner Dunn stands corrected on the proposed item #7 to the findings of fact, as property ownership is not'clear, Commissioner Deemer suggested and Commission agreed, to add the following to the findings of fact: 7) Proposed easement to property does traverse the floodway of Trott Brook. Commissioner Dunn suggested and Commission agreed, to add the folloWing to the findings of fact: 8) City records do not indicate·that Parcel ~60DD and #5400 are in separate ownership, therefore the need for a variance has not been' established. Commissioner Schneider suggested and Commission agreed, to add the following to the findings of fact: 9) That the applicant would be utilizing a 1326 foot easement to obtain access to his property and this could hinder fire and police protection to that property. Commissioner Deemer stated that he would be more agreeable to the request if Mr. Phelps were to purchase the easement as a right~of-way, Mr. Berg stated that Mr. Deemer's suggestion would be creating a subdivision, that an easement does not create a subdivision. P & Z/January 4, 1983 Page 3 of 5