Laserfiche WebLink
MIBOTBS OF THB PIAMIIIMG COMMISSIOM mm 1 I >1 P •FKBSUMtT If, 1988 <br />•1218 SmW/DBTTLOFF COMTIKOBD <br />Mabusth stated that staff has no problem with granting <br />preliminary subdivision approval as outlined in staff <br />memo. <br />Attorney Berg stated that if the septic system <br />encroaches the lot line, they would either have to move <br />the septic system or seek a variance from the City for <br />the septic system because it has historically existed in <br />its present location. <br />Mabusth noted that variances are not granted for septic <br />systems from newly created lot lines. <br />Mabusth also noted that the proposed buyer has voiced <br />concern with the access issue and has asked that this bo <br />tabled until this is resolved, however, they have no <br />official interest in this property at this point. <br />Kelley felt the Planning Commission should deal with the <br />application as proposed. <br />Attorney Berg stated that the prospective buyers' <br />attorney has not responded to any concerns in a timely <br />manner and did not feel it would be appropriate for the <br />Planning Commission to table the matter based on the <br />fact that the prospective buyer may have some concerns. <br />Attorneys Baker, Callahan, and Berg requested that <br />Planning Commission proceed with reviewing the <br />application and make a recommendation. <br />Referring to staff's recommended condition of approval <br />#3 "Prior to final plat approval, the City must receive <br />full penalty fee payment". Attorney Baker objected on <br />the basis that the statute of limitations has run out, <br />noting that Mr. Smith died seven years ago and the <br />current beneficiaries of the estate are three non-profit <br />charities. <br />Attorney Berg stated he understood the City's position <br />in dealing with an illegal subdivision, however, based <br />on the history of subdividing the properties, the owners <br />were unaware that they were doing anything Illegal. <br />Referring to the minutes of the November 16, 1987 <br />Planning Commission meeting, Kelley noted that this <br />application was tabled "pending resolve of the location <br />of existing septic system on Lot 1", which still has not <br />been done. <br />Planning Commission majority felt that this must be done <br />prior to making a recommendation. <br />4