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NIMDTBS OP THB PLMmiMG CONMISSIOH !TIli6 SBPTBOSt 19, 1988 <br />S0HIM6 PILB #1321-HA1SLBT COMTIMI <br />the application^ provided that Outlet A be an easment, either <br />privately or publicly dedicated so that when the School District <br />filed the deeds of conveyance it would automatically trigger the <br />vacation of the easment. He added that the School District would <br />have no problem adhering to the conditions for developing the <br />road as set forth in the Developer's Agreement. He would like <br />the Developer's Agreement to also expire upon the filing of the <br />deeds. <br />Robert Floyd, an interested party, inquired about liability <br />for the easement should an accident occur in that area? Attorney <br />Leung stated that it would depend upon whether the City dedicated <br />the easement to be private or public. Cohen stated that the <br />Developer's Agreement would indicate that the School District <br />indemnify the City. <br />Chairman Kelley a.iked what would happen to the road should <br />the School District not purchase all four lots in 11 years? <br />Mabusth stated that would need to be addressed in the Developer's <br />Agreement. <br />* It was moved by Planning Commission member Johnson, seconded <br />by Planning Commission member Cohen, to recommend approval of <br />#1321, subject to the preparation of a Developer's Agreement by <br />the City Attorney and the School District's Attorney with City <br />Staff incut. Zoning Administrator Mabusth added that the <br />agreement should be drafted in time for the October 10, 1988 City <br />Council Meeting. Kelley clarified that the motion involved four <br />lots with the outlet being an easement for a period of 11 years. <br />The Developer's Agreement would address the specifics of <br />indemnification and development. Attorney Leung added that the <br />road would be vacated upon the showing of a deed so that it would <br />be an automatic process. Chairman Kelley responded "absolutely". <br />Motion, Ayes^S, Nays*0, Motion passed. <br />#1323 JOH PAPAS <br />3369 CRYSTAL BAY ROAD <br />AFTER-THE-FACT VARIANCE <br />J80BLIC HEARING 7z25 P.M. - 7s35 P.N. <br />* The Affidavit of Publication and Certificate of Mailing were <br />noted. <br />Applicant could not be present for this matter. Mr. Jay <br />Reiser, a neighbor of the applicant's was present and distributed <br />a letter written by Mr. Papas to the Planning Commission. <br />Chairman Kelley read the letter for the benefit of the Public <br />record. <br />Assistant Planning and Zoning Administrator Gaffron <br />explained that the applicant was seeking an after-the-fact <br />building permit and is in need of a number of variances to <br />complete the construction of a deck. The entire deck is within