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Mr. Ala* P, Olson <br />Page 2 <br />November -S, 1983 <br />been conveyed to him by Mr. Ahern. Since you have quoted from <br />some sort of "record" of the hearing, I would specifically <br />request access to the record of this hearing to confirm what <br />statements were or were not made by Mr. Ahern, City officials, <br />and others. <br />As to your reference to Ms. Frommes, she informs me that she was <br />making an inquiry for a potential b*jyer as to whether the cabin <br />on Lot 64 could be remodeled or other building could be done on <br />the parcels. V7hile she had been in contact with Mr. Ahern and <br />may have made reference to him in connection with the <br />properties, the fact is that as of that date Mr. Ahern was not <br />in title to the property. <br />Third, contrary to your statement. Section 34.366 of the <br />Ordinance clearly does prohibit the division and sale of record <br />lots without City Council approval. In pertinent part, it <br />provides: "All record lots...shall be continued in common <br />ownership and shall not be subdivided, sold in parts, reduced in <br />area, leased or otherwise separated without application for and <br />City Council approval...." Section 34.366 of the Ordinance <br />defines record lot for this purpose as "•'.11 the contiguous and <br />abutting land owned in common by the same person or persons as <br />of November 9, 1981...." Please advise if it is the City's <br />position that, despite these provisions, the individual owners <br />of the six parcels each may sell or transfer ownership of their <br />parcels separately. <br />Mr. Ahern was never barred from conveying these parcels to other <br />persons prior to the enactment of Ordinance No. 246. Your <br />previous moratorium Ordinances Nos. 238 and 241 barred the <br />granting of "building permits, land subdivision approvals, <br />rezoning approvals, conditional use or special use permits, <br />variances or other authority for additional development." These <br />ordinances did not restrict Mr. Ahern's sale of the individual <br />parcels. Yet, even though these parcels were under separate <br />ownership prior to the passage of Ordinance No, 246, brono <br />continues to treat these properties as though they are under <br />common ownership. <br />The fact is that as separately owned parcels, four of the six <br />lots, each approximately 1/2 acre, should have been treated as <br />separate parcels and classified as suitable for the building of <br />seasonal dwellings. The Ordinance at pages 17-18 so classifies <br />at least 18 similar individually-owned parcels. Whatever the