03-14-1988 - Agenda Packet City Council - regular meeting

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MINUTES OF THE PLANNING COMMISSION MEETING HELD FEBRUARY 16, 1988 11216 SMITH/DETTLOFF CONTINUED Mabusth stated that staff has no problem with granting preliminary subdivision approval as outlined in staff memo. Attorney Berg stated that if the septic system encroaches the lot line, they would either have to move the septic sysLcm or reek a variance from the City for the septic system because it has historically existed in its present location. Mabusth noted that variances are not granted for septic systems from newly created lot lines. Mabusth also noted that the proposed buyer has voiced concern with the access issue and has asked that this be tabled until this is resolved, however, they have no official interest in this property at this point. Kelley felt the Planning Commission should deal with the application as proposed. Attorney Berg stated that the prospective buyers' attorney has not responded to any concerns in t, timely manner and did not feel it would be appropriate for the Planning Commission to table the matter based on the fact that the prospective buyer may have some concerns. Attorneys Baker, Callahan, and Berg requested that Planning Commission proceed with reviewing the application and make a recommendation. Referring to staff's recommended condition of approval /3 "Prior to final plat approval, the City must receive full penalty fee payment", Attorney Baker objected on the basis that the statute of limitations has run out, noting that Mr. Smith died seven years ago and the current beneficiaries of the estate are three non-profit charities. Attorney Berg stated he understood the City's position in dealing with an illegal subdivision, however, based on the history of subdividing the properties, the owners were unaware that they were doing anything illegal. Referring to the minutes of the November 16, 1967 Planning Commission meeting, Kelley noted that this application was tabled "pending resolve of the location of existing septic system on Lot 1", which still has not been done. Planning Commission majority felt that this must be done prior to making a recommendation.