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Case #4: Discussion on Commissioner Schneider's Report On Council Meetin~ Dated March 22, 1983: The Commission reviewed Commissioner~Schneider's written report regarding the March 22, 1983 Council meeting. Commissioner Zimmerman stated that he also attended the March 22 Council meeting and there was a lot of resentment expressed by the citizens regarding sewer and water and that they did not seem to be aware that it was being planned for, but the City has posted public hearing notices. Chairman Peterson noted, according to Commissioner Schneider's report, that Mr. Phelps was granted a.variance for a 1300' easement because it has been done in the past. Chairman Peterson stated that he would be contacting the City Attorney to find out if this Council action is going to set a precedence. This action seems to say that if we have done it in the past, we have to do it in the future. Mr. Gilbertson - 6131Hwy 10 - Stated'thas his request seems legal and rational if the Phelp's case is going to set a precedence. Commissioner Zimmerman stated that a basic responsibility'of P&Z is to provide for the safety and welfare of the citizens and that he is not sure the City can provide emergency services to the'Phelp's property and that this is a very serious problem. Commissioner Dunn requested that Chairman peterson ask the City Attorney why it is necessary to request variances and conduct public hearings. There is no decision to be made if the CitY has to grant something just because it has been granted in the past. Commissioner Deemer stated that he would like to know if two wrongs make a right. Commissioner Zimmerman inquired Cf the C~ty can be held responsiblefor not providing emergency services. Commissioner LaDue stated that a person can sign away his rights and it would also bind all future landowners of the subject property. Commissioner LaDue further commented that he has served on the Commission for the past year and he sometimes gets the impression that P&Z likes to think they are elected officials and bind City Council decisions. P&Z members are appointed and are here to assist Council and if Council does not follow P&Z's recommendations, P&Z should not take it personally. He further commented that if a similar situation has been decided on ?n the past, it does set a precedence for cases in the future. City has to keep in mind that we are dealing with people and personal situations and we can't apply the letter of the law just because that is..what the ordinance dictates., wehave to give people the benefit of the doubt and try to assist without throwing the book out the window. Commissioner Deemer also requested that Chairman Peterson request a recodifi- cation status from City Attonney. Commissioner LaDue further stated that the City should consider how these decision affect people economically. P & Z/April 5, 1983 Page 5 of 7