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Motion by Commissioner Schneider to approve the findings of fact with the addition of the following: 7) Proposed easement to property does traverse the floodway of Trott Brook. 8) City records do not indicate that Parcel ~6000 and ~5400 are in separate ownership, therefore the need for a variance has not been established. 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 uo that property. Commissioner Deemer seconds the motion for further discussion. Further Discussion: None. Motion carried. Voting Yes: Chairman Peterson, Commissioners Dunn, zimmerman, Deemer, LaDue, Isakson and schneider- Voting No: None. Motion by Commissioner Schneider and seconded by Commissioner Zimmerman to deny Mr. Harold Phelps' request for variance from the subdivision ordinance, Section 170.0314B, based on the findings of fact. ~4otion carried. Voting Yes: Chairman Peterson, Commissioners Dunn, zimmerman, Deemer, LaDue and schneider. Voting No: Commissioner Isakson. Chairma~ Peterson' informed Mr. Phelps that t~he motion to deny is not final, that it is a recommendation to City council. Commissioner Deemer stated that Mr. Phelps should be provided with a copy of the findings of fact. Mr. Phelps inquired if a condition of the variance approval couldn't be the stipulation that the subject 30 acres will not be further developed. CoImmissioner Deemer stated that if Mr. Phelps gained control of the easement and the City were gu~anteed t_hat it would be a private driveway or if access could be gained from some other public street, he might reconsider approving Mr. _~helps' request. ' ~ossiblity Co~_~ssioner Scbme~cer commented th=~ F~. Dhelns could research 'the ~ - ~h 8 of ~he cu~-de-sac adjacent to of obtain access to his property ~h_ou=. Lot - ,na~ -.- PhelPS should have all property owners concerned at the Council meetLng and perhaps ~ne request would be approved and he would not have to come back to ? & Z. ~ of ~ne 40 acres to the no-~-h of ~=~ -~' ~!~n for development Co~r.._-'ssioner ZL~me--~,~n stated .~-. ~.e o~?.er ~e subject 30 acres should come into the City ~_~n a _ ~ ~ ~ ~ !and - .-~' be _~-ov~d~d for. ~: property owner is s~,~n~ and ~.en a roaa cc~.-a .... ~': is not the way s,abdivision of -n' investing nothing and normally, ~n~s Cese %2: Th,arston Avenue · ~y of .~_~. Peter Baati~<a steted that he has met with Bob Jolt~-son of the ~:~ D_~.oka regarding e)~ending ~nurston Avenue to the .~s_-.3ey corporate li..~i, ts ' ~nd beyond. p & Z/january 4~ !983 Page 4 cf 5