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Motion by Commissioner Schneider to approve the findings of fact with the <br />addition of the following: <br /> <br /> 7) Proposed easement to property does traverse the floodway of Trott Brook. <br /> <br /> 8) City records do not indicate that Parcel ~6000 and ~5400 are in separate <br /> ownership, therefore the need for a variance has not been established. <br /> <br /> 9) That the applicant would be utilizing a 1326 foot easement to obtain <br /> access to his property and this could hinder fire and police protection <br /> to that property. <br /> Commissioner Deemer seconds the motion for further discussion. <br /> <br />.") <br /> <br />Further Discussion: None. <br />Motion carried.~ Voting Yes: Chairman Paterson, Commissioners Dunn, Zimmerman, <br />Deemer, LaDue, Isakson and Schneider. Voting No: None. <br />Motion by Commissioner schneider and seconded by Commissioner Zimmerman to <br />deny Mr. Harold Phelps' request for variance from t?~e subdivision ordinance, <br />Section 170.0314B, based on the findings of fact. <br />Motion carried. Voting Yes: Chairman Paterson, Commissioners Dunn, zimmermen, <br />Deemer, LaDue and Sc,hneider. Voting No: Commissioner Isakson. <br /> Chai~m~ Paterson' informed Mr. Phelps that '~he motion to deny is not final, <br /> that it is a recommendation to City Council. <br /> Commissioner Deemer stated that Mr. Phelps should be provided with a copy of <br /> ~he findings o.f fact. <br /> F~. Phelps ~nguired if a condition of the variance approval couldn't be the <br /> stipulation that ~ne s-object 30 acres %rill not be f-archer develcped. <br /> Commissioner Deemer stated~hat if u~. ~hel~s cained control of the easement <br /> and the City were guaranteed that it would he a private driveway or if access <br /> could be gained from some other public street, he might reconsider approving <br /> p~. Phelps' reqplest- <br /> Commissioner Schneider commented that u-. Phelps could research 'the possiblity <br /> · to <br /> of obtain access to his prope-~-t~Y r~._ough Lot 8 of ~he cul-de-sac adjacent <br /> his prope~y, and that Mr. Phelps should have all property o%~ers concerned <br /> at ~ne Council ~eetLng and ~erha~s ~ne request would be approved and he would <br /> not have to come back to ? & Z. <br /> Co?~r~ssioner Zq-~e-'-r~n stated that ~e o%~er of the ~0 acres to the no~h of <br /> ~ne subject 30 acres should come into the City with e p!~n for development <br /> . . . · · o~ner is selling land <br /> and ~nen a road could he ~-'~"~= =~- Tnls ~ro~erty <br /> an~ investing nothing and no---~,al!y, this is not the way sub_.~_slo 'of l~nd <br /> operates. <br /> <br />-) <br /> <br /> Case .~2: Thurstcn Avenue <br /> <br /> · C=~y of <br /> F_-. Peter Raati]~ka stated that he has met %-itln Bcb Jo:'-~-son of the "~ <br /> ~_~.oke recarding e:'-~-ending ?nurston Avenue to the .Rm_?3ey cc_--porate <br />' ~-nd beyond. <br /> <br /> p & Z/j~_~.ua_-y 4t !983 Page 4 of 5 <br /> <br />?! <br /> <br /> <br />