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Zoning File #2000 <br />September 12, 1995 <br />easement could never be created over the driveway that currently serves both Lot 1 and <br />the homestead parcel in favor of Lots 3 and 4, would Planning Commission members <br />approve the informal use of this driveway while both father and son own the properties. <br />Planning Commission should provide direction for applicant on this issue. <br />3. Park Fee - In discussions with the City Attorney he advises that in dealing with lots of <br />record that unless there is an amendment of the park fee ordinance that the city can not <br />ask for a park fee or land dedication. The city' has no legal right under the current code <br />to ask for park dedications with lot area variances for undeveloped lots of record. The <br />city had collected such fees until advised by City Attorney that the code did not authorize <br />this action. <br />4.In light of the dispute between the city and the applicant with respect to the status of the <br />land he seeks to subdivide, staff has asked the City Attorney to provide language that will <br />memorialize or set the record straight as to both applicant and the city regarding this <br />simple division. The division that will divide Lot 1 from Lots 3 and 4, Tillsons Villa <br />Carman. The following language shall be incorporated in the subdivision resolution that <br />will be signed by both the city and Mr. Cloutier, as applicant: <br />In the course of this subdivision application, it became apparent that Mr. Cloutier <br />and the city disagree about the status of the land which is being subdivided