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Request for Council Action continued <br /> Page 3 <br /> June 19, 1998 <br /> Robert and Julie Hanning Request Related to Future Subdivision at 4220 Sixth Avenue North <br /> Legal Issues <br /> The City Attorney has expressed concern regarding the City entering into a contractual agreement <br /> to approve a lot area variance without the public process normally involved in the City's <br /> consideration of a variance application. <br /> The City Attorney has also indicated that because the City is not a direct party to the right-of-way <br /> acquisition process or the condemnation process,it may not be possible for the City to grant the lot <br /> area variance through a settlement agreement. The Attorney is researching this issue and will <br /> provide an opinion at the Council meeting. <br /> Process <br /> The normal process for considering a request to create a lot with less than the required lot area would <br /> be a variance process through the Planning Commission. For a number of reasons,the Hannings do <br /> not want to subdivide the property at this time. The Hannings are requesting the City provide, <br /> through some means,assurance that if the properly is subdivided at some point in the future the new <br /> lot could be 23,000 s.£ less than 5 acres. They need to have this assurance at this time because it <br /> affects the position they take regarding the level of compensation they should receive for the right- <br /> of-way acquisition. <br /> Policy <br /> The City's policy regarding land subdivision is that the City does not grant variances to lot area for <br /> new lots. In the Hannings case, it is possible to create a lot that meets the lot area requirement, but <br /> the lot configuration necessary to do this is not acceptable to the Hannings. <br /> Options <br /> 1. The City may be able to enter into a settlement agreement with the Hannings providing that <br /> the second lot could be created with an area 23,000 s.f. less than 5 acres, subject to <br /> agreement on the level of compensation to be received for the right-of-way acquisition. <br /> 2. The Council could indicate general support for a lot area variance. <br /> 3. The Council could take no action and allow the level of compensation to the Hannings for <br /> the right-of-way acquisition to be set through the condemnation process. <br /> COUNCIL ACTION REQUESTED: <br /> Motion in response to the Hannings'request for an agreement to allow a second lot to be created with <br /> an area of 23,000 s.f. less than 5 acres. . <br /> HANNZNG.2 <br />