05-09-1988 - Agenda Packet City Council - regular meeting

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Ms. Jeanne Matusth May 4, 1988 Page 3 Dettloff has not joined in this application, but has indicated to the City in writing that he has no objections to the granting of it. The purpose of this application is to regularize a situation and solve a problem created 22 years ago by parties now dead by obtaining City approval of the d& facto subdivision. This approval will permit the applicant to sell Lot 2. And, in fact, a purchase agreement has been entered into with interests of the MacMillan family which owns the property on the east side of Lot 2, conditioned on approval of the application. When the application was first presented, the staff found certain matters of concern to iL. But at present only one question remains to be addressed. It is as follows: As shown on the survey, Lot 1 contains a house which was probably there prior to the 1930's. The house has a drain field whose location is not known at the date of this letter. So when the drain field is located it may or may not be so near the proposed property line that its location would be in violation of the applicable subdivision section of the City Code. This application comes to you after a denial by the Planning Commission. The denial was based upon the staff's view of the situation and how it should be solved. This position was that the City did not know where the drain field was, and therefore a preliminary approval was impossible, and naturally a final approval was even more impossible. The staff originally basically took the further position that it was improper to grant any approval of the subdivision conditioned upon future action. That is, the staff took the position that the Planning Commission ought not to approve the application conditioned upon determining the current location of the drain field at some later time. And the staff also appeared to believe that if the drain field does prove to be "too close" to the subdivision line neither preliminary or final approval of the application could be granted conditioned upon removal of the drain field to another location on Lot 1. The approval, even preliminary approval, could apparently be granted only after removal. It is conceded by the staff and all concerned that an alternate drain field site does exist and has been located on Lot 1.