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Councilmember Hendriksen stated that he does not want the same situation to occur in the future <br />that has happened with this property and requested that they should honor the agreement that was <br />made in 1983. <br /> <br />Ms. Purseller stated that the Danners are agreeing to retain the land and that no development <br />would take place without a public road. <br /> <br />Councilmember Zimmerman stated that there was a recent situation where a log cabin burned <br />down on a long private drive and he feels there are safety concerns that need to be addressed with <br />the property. <br /> <br />Ms. Purseller stated that Fire Chief Kapler already reviewed the property and noted that the <br />access is well maintained. She also noted that nothing would change on the property regardless <br />of the decision by Council. <br /> <br />Trent Danner stated that it seemed as if Councilmember Hendriksen had a personal vendetta with <br />them and noted that they want to retain the land so in the future he could build his home on the <br />property and that he would not develop the land until the City approved the construction. <br /> <br />Councilmember Hendriksen stated that he does not have a personal vendetta with the situation <br />and explained that he was involved in the decision in the past and doesn't want the same <br />problems to continue to occur. <br /> <br />City Attorney Goodrich reviewed the description of undue hardship in granting a variance and <br />reviewed a Court of Appeals Case. <br /> <br />Mayor Gamec questioned if it could be included as part of the metes and bounds that the <br />property is non-buildable. <br /> <br />City Attorney Goodrich noted that is what the Danners are proposing. <br /> <br />Mayor Gamec stated that if the deed restriction is placed on the property that he would support <br />the metes and bounds subdivision. <br /> <br />City Attorney Goodrich stated that//17 of the findings of facts should be separated into two <br />separate items. <br /> <br />Councilmember Hendriksen questioned if enforcing the ordinance creates a hardship. <br /> <br />City Attorney Goodrich stated that not allowing the variance will grant an undue hardship. <br /> <br />Zoning Administrator Frolik suggested changing the wording of item 17 to read "Denial of the <br />proposed subdivision will/will not create undue hardship." <br /> <br />City Council/August 10, 1999 <br /> Page 11 of 16 <br /> <br /> <br />