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GIBBS <br />135 Fox <br />ion <br />MINUTES OF THE PLANNING COMMISSION MINUTES OF JUNE 21, 1982 Page 2 <br />Rovegno noted that the cartway should have been shown <br />^|On the survey and that the City should submit a copy of <br />Pjach a document that proves there is legal claim to this <br />Wight of way. He noted that if the City didn't take <br />it from the Farview plat, that they shouldn't take it <br />from the Gibbs. <br />Ms. Bacon stated that Mr. Gibbs shouldn't have to pay <br />for the City's mistcUce in the Farview plat and also noted <br />that the cartway was never maintained. <br />Mabusth stated the cartway was used by the .public. <br />Callahan noted that according to the papers in front of <br />the Planning Commission right now it doesn't exist, but <br />it still may exist. <br />Marge Gasch of 1030 Tonkawa Road asked who had the legal <br />right to use this portion of land? She also questioned <br />why the access hadn't been used for about 4 years. <br />Opheim moved to approve the two lot plat of Merrill Gibbs <br />finding that all standards of the LR-lA zoning district <br />have been met subject to the following conditions: <br />1 - Applicant execute a conservation and flowage easement <br />^ with the City over, under and above the designated <br />Cj wetlands. <br />2 - Designate 33' of right of way for Fox Street. <br />GIBBS (CONT) <br />3 - <br />4 - <br />Shed within lakeshore protected area is a non-conforming <br />structure and will be subject to all pertinent ordinances <br />Payment of park dedication fee in the amount of $100.00 <br />$100.00 for newly created lot and no charge for lot <br />with existing house. <br />Planning Commission decided not to recommend designating the <br />16.5' of right of way for the public access way based on the <br />following findings: <br />- This cartway may or may not exist at all. <br />- 16.5' is not prudent for an access way and may create <br />a safety hazard and would be detrimental to the public <br />health, safety and welfare. <br />3 - Equity considerations for Gibbs - consistent with <br />property owners of Farview plat. <br />Callahan seconded. Vote: Ayes (7), Nays (0). <br />^ •« <br />- ■ <br />► 5