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