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Minutes - Council - 08/10/1999
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Minutes - Council - 08/10/1999
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Meetings
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Minutes
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Council
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08/10/1999
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Motion by Councilmember Hendriksen, seconded by Councilmember Zimmerman, to amend <br />item #17 of the findings of facts to read "Denial of the proposed subdivision will not create <br />undue hardship." <br /> <br />Further discussion: Councilmember Anderson questioned the definition of undue hardship. City <br />Attorney Goodrich reviewed the classification of undue hardship. Councilmember Hendriksen <br />stated that a reasonable use must exist on the property because the Danners originally bought the <br />property. <br /> <br />Motion carried. Voting Yes: Councilmembers Hendriksen, Zimmerman, Anderson, and <br />Connolly. Voting No: Mayor Gamec. <br /> <br />Motion by Councilmember Hendriksen, seconded by Councilmember Zimmerman, to amend <br />item # 18 of the findings of fact to read "Failure to comply does interfere with the purpose of the <br />Subdivision Chapter." <br /> <br />Motion carried. Voting Yes: Councilmembers Hendriksen, Zimmerman, Anderson, and <br />Connolly. Voting No: Mayor Gamec. <br /> <br />Councilmember Hendriksen questioned if item #19 should read Comprehensive Plan or <br />subdivision ordinance since the Comprehensive Plan does not get to that level of detail. <br /> <br />City Attorney Goodrich stated that if the Council does not think the item is relevant to the case <br />that they should make a motion to delete the item from the findings of fact. <br /> <br />Motion by Councilmember Hendriksen, seconded by Councilmember Connolly, to remove item <br />#19 from the findings of fact since it is not relevant to the case. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Hendriksen, Connolly, Anderson <br />and Zimmerman. Voting No: No. <br /> <br />Motion by Councilmember Hendriksen, seconded by Councilmember Zimmerman, to adopt <br />Resolution #99-08-141 adopting Findings of Fact #0502 and deny Mr. Danner's request for a <br />metes and bounds subdivision. <br /> <br />Motion carried. Voting Yes: Councilmembers Hendriksen, Zimmerman, Anderson, and <br />Connolly. Voting No: Mayor Gamec. <br /> <br />Motion by Councilmember Hendriksen, seconded by Councilmember Zimmerman, to move the <br />following conclusion: The request for a subdivision by metes and bounds description is herein <br />denied based on the Findings of Fact which established that the subdivision would not be in <br />compliance with the City's Subdivision Chapter and would result in a loss of spirit and intent of <br />said Chapter. <br /> <br />City Council/August 10, 1999 <br /> Page 12 of 16 <br /> <br /> <br />
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