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MINUTES OF THE PLANNING COMMISSION MEETING SEPTEMBER 19, 1988 <br />ZONING FILE #1321-HAISLET CONTINUED <br />the application, provided that Outlot A be an easment, either <br />privately or publicly dedicated so that when the School District <br />filed the de -ads 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 Aqreement. He would like <br />the Developer's Agreement to also,.expire upon the filing of the <br />deeds. <br />Robert Floyd, an interested party, inqu:rt�-i about Liability <br />for the easemer..: 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 a3ked what would happen to the road should <br />the Ste.-ol District not purchase all four lots in 11 years? <br />Mahusth 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 input. zoning Administrator Mabusth added that the <br />agreement should be drafted in time for the October 10, 1988 City <br />Council Meet-ng. Kelley clarified that the motion involved four <br />lots with the outlot 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=5, Nays=O, Motion passed. <br />#1323 JON PAPAS <br />3369 CRYSTAL BAY ROAD <br />AYTER-THE-PACT VARIANCE <br />PUBLIC HEARING 7:25 P.M. - 7:35 P.M. <br />The Affidavit of Put-lication and Certiticare of Mailing were <br />noted. <br />Applicant could net be present for this matter. Mr. Jay <br />Keiser, 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 Gaff ron <br />ex; laine, that the app Iicant was seekiig an after -the -fact <br />building permit and is in need c f a number of variances to <br />complete the construction of a decti.. -he entire deck is within <br />