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<br />I <br /> <br />I~. <br />~, c.:) <br />.'j' <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I. <br /> <br />CIJ <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br />I <br />(r <br /> <br />I <br /> <br />.-<;. <br /> <br />COUNCIL NEW BUSINESS <br /> <br />Case #1: Request TO Subdivide By Metes And Bounds; Case Of Ms. Mar1ys <br />Schinde1decker: <br /> <br />Motion by Councilmember Reimann and seconded by Counci1member Sorteberg to <br />approve,the..findings of fact as presented by the Planning and ZOning Commission. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Sorteberg, Reimann, <br />Schlueter and Van Wagner. Voting No: None. tit. <br /> <br />Motion by Mayor Gamec and seconded by Counci1member Reimann to disapprove the <br />.request of Ms. Mar1ys Schindeldecker to subdivide Plat 89220, Parcel 7350 <br />into two 2~ acre parcels, based on the findings of fact. <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Sorteberg, Reimann, <br />Schlueter and Van Wagner. Voting No: None. <br /> <br />COUNCIL OLD BUSINESS <br /> <br />Case #2: Request For Variance From Subdivision Ordinance; Case Of Mr. and Mrs. <br />Harold Phelps: <br /> <br />Mr. Goodrich stated that this case was erroneously. placed on the February 22, <br />1983 Council agenda, the Phelps were not present, City Staff recommended <br />approval of the request and Council action was to deny approval and now <br />the Phelps are requesting Council to reconsider the case. <br /> <br />Councilmember Reimann stated that his concern in this case would be providing <br />emergency service to the Phelps, which could be hindered by such an extended <br />driveway. <br /> <br />Jeff Hicken - Phelp's attorney - Stated that Mr. Phelps is willing to waive any <br />liability if emergency services cannot be provided because of driveway conditions. <br />I' <br /> <br />Mr. Schnelle stated that Council is not being consistent with past policy. <br /> <br />Councilmember Reimann commented that in past similar cases, it was a <br />requirement that the pubject property be ~ituated on street frontage in <br />order to acquire a building permit. Councilmember'Mimann also inquired <br />about future subdivision. <br /> <br />Mr. Clayton Berg stated that an easement does not constitute a subdivision <br />and Mr. Phelps will not be able to subdivided until a City street becomes <br />available onto the property. <br /> <br />Motion by Councilmember Van Wagner and seconded Councilmember Sorteberg to . <br />rescind action taken at the February 22, 1983 Council Meeting by Council <br />regarding Mr. Harold~helps request for variance from subdivision ordinance. <br /> <br />Motion carried. <br />and Van Wagner. <br /> <br />Voting Yes: <br />Voting No: <br /> <br />Mayor Gamec, Councilmembers Sorteberg, Schlueter <br />None. Abstain: Councilmember Reimann. <br /> <br />Motion by Councilmember Sorteberg and seconded by Councilmember Van Wagner to <br />approve Mr. Harold Phelps' request for variance from subdivision ordinance <br />based on the findings of fact which Council adopted February 22, 1983. <br /> <br />'C!March 22, 1983 <br />Page 13 of 24 <br /> <br />/ <br />/ <br />