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w:' <br />Carter Delaittre <br />February 19» 1991 <br />Page 2 of 3 <br />In reviewing the staff memos and Planning Commission/Council <br />minutes, I think you will find that Smedberg was less than <br />cooperative in allowing the subdivision to be completed. While <br />neither Planning Commission nor Council objected to the division, <br />Smedberg requested and was granted a tabling of the request for 6 <br />months so he could "research his options" for use of his <br />property. This attitude resulted from one caveat of the <br />subdivision resolution which would require tax combination of all <br />the parcels within each individual record lot. The application <br />was tabled on March 25, 1985 and has never been rescheduled for <br />action. Apparently, Nelson and McCloud were able to close on <br />their transaction absent City subdivision approval, and none of <br />the Involved parties have pushed for completion of this <br />application since that time. <br />I should note that Mr. McCloud did return executed <br />"automatic lot area variance" resolutions to my offxce on July <br />26, 1985. Because the subdivision has never been finalized, the <br />automatic lot area variance forms have never been finalized, <br />which means that technically no permits can be Issued for this <br />property until a lot area variance is granted and the subdivision <br />is resolved. <br />My reccxnmendation to you is as follows: <br />1. As part of your after-the-fact variance request, you <br />should request City approval of the automatic lot area <br />variance resolution, which action was stalled out in 1985. <br />'2. Mr. McCloud and the current owner of Record Lot 16 <br />should jointly request reopening of the tabled subdivision <br />application #889, to be reviewed concurrently with the <br />variance request. For the record. Record Lot 16 also has <br />never been granted the automatic lot area variance. <br />Also, be aware that Municipal Zoning Code Section 10.31, <br />Subdivision 6 (B) disallows issuance of building permits until <br />the lots have been legally combined for tax purposes. Further, <br />Section 10.31, Subdivision 12 (D) requires that all seasonal <br />dwellings over 800 s.f. of floor area be provided with a fully <br />conforming on-site sewage treatment system. Issuance of an <br />after-the-fact permit for the room additions will be predicated <br />on these requirements being met. <br />•k tu III I r I I ti I !■ I iiTi riiiariiitiMnH ■iiiMiiiBiiiiiiMinr» i i I M ■■ II ■ ------------------------------- -