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5 Minutes CASE ~2: <br /> <br /> REQUEST TO DECLARE A HARDSHIP AI~D <br /> AUTHORIZE THE CONVEYANCE OF LA/~D <br /> DESCRIBED BY METES AND BOUNDS; <br />CASE OF UNITED POWER ASSOCIATION <br />By: Dave Hartley, City Administrator <br /> <br />Background: <br /> <br />The City Council will recall that United Power Association recently requested <br />and received a conditional use permit to construct a substation on a 200' x <br />350' parcel abutting 153rd Avenue N.W. United Power Association has recently <br />purchased this land and wishes to record the warranty deed without subdividing <br />the property in accordance with City Code. <br /> <br />The City Code does, however, provide that: <br /> <br />"In any case in which compliance with the foregoing restrictions will <br /> create an unnecessary hardship and failure to comply does not interfere <br /> with the purpose of this Chapter, the City Council may waive such <br /> compliance by adoption of a resolution to that affect and the conveyance <br /> may then be filed or recorded." <br /> <br />Initially the applicant was concerned about being able to construct the <br />substation on the parcel as soon as possible. In response to that concern, <br />have, via letter, authorized such construction since that construction does not <br />require a building permit and there are not prohibitions in the City Code that <br />would affect this construction aside from the conditional use permit which has <br />been acquired. Therefore the applicant has requested that the Council <br />entertain their plea to find a hardship and waive the requirement to complete <br />the minor subdivision process. <br /> <br />Enclosed for your information is my letter dated October 20, 1988. <br /> <br />Recommendation: <br /> <br />The applicant has not submitted reasons for finding a hardship to Staff but is <br />requesting to submit those reasons to the City Council; therefore, Staff cannot <br />extend a recommendation to the City Council at this time. <br /> <br />Council Action: <br /> <br />Motion to: <br />Approve/deny the request of the applicant to find a hardship imposed by <br />the mir. or subdivision requirements of the City Code. <br /> <br />If a hardship is found: <br /> <br />· Motion to: <br />Adopt Resolution f~88-__ declaring a hardship and waiving compliance with <br />the City Code requiring minor subdivision. <br /> <br />Review Checklist: <br /> <br />Adminis trat or <br />At t or ney <br />Engineer <br />Community Development Director <br /> <br />Chief of Police <br />Finance Officer <br />Public Works Superintendent <br />Other <br /> <br /> <br />