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

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Ms. Jeanne Mabusth May 4, 1988 Page 4 While there are other issues which did receive consideration by the staff originally, and perhaps some about which a decision must be made by the Council, none if these were addressed by the Planning Commission and all have, we believe, either been disposed of or are not ones which the staff believes should delay or prevent granting the application. This lengthy discussion of the current status seemed appropriate so that the Council may have tnc background facts upon which we bare our belief the application should be granted. And we hope that our discussions with the staff since the Planning Commission meeting may have modified the staff's view as well. Reasons For Approval First, the condition of Lots 1 and 2 considered in the context of the land use, zoning laws and related matters in the City, is an anomaly, is irregular and undesirable as a matter of public policy. To the world at large, except for the City, the subdivision as applied for describes the ownership of the land. The 1966 sale has resulted in both Lots 1 and 2 becoming unsaleable under the City ordinances and in the market place. And it has resulted in the current tax parcel being owned partially by an individual and partially by three charities (the estate beneficiaries). And it creates an extreme hardship on the new owners who did not create it. This condition was caused by the granting of a Contract for Deed 22 years ago by a man who has now been dead 7 or 8 years and cannot be changed by any wish or plan of the applicant alone. The condition can only be rectified with the aid of the City. Second, the applicant does not seek variances or relaxations in any way of the ordinances and regulations regarding subdivisions or the location of drain fields. The applicant believes that if the drain field on Lot 1 is too close to the line proposed it should be and must be moved. And the owners of Lot 1, t:.e Det'loffs, have informed us and the City in writing the. they approve rf our application anu will in fact both locate and, if necess.r2, move the drain field. But because the ground has been frozen from last November at least until very recently, the ability to find the drain field ;)y digging a trench has been curtailed. Perhaps it wi'l be done by the time you read this. Third, granting final approval of variances, Tonal use permits and similar items including subdivisions 1lication