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l' <br />City of OR ONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />A14ENDING RESOLUTION NO. 851 AND GRP.NTING JACK RHODE <br />VARIANCES TO ALLOW CONSTRUC',"1014 ON THE LOT KN^T•hI AS <br />1410 BOHNS POINT ROAD LEGALLY DESCRIBED AS TIIAT PART <br />OF GOV'T LOT 1 LYING E '?F :l 442.93 FT. T11EIREOF AND N <br />OF S 1058.3 FT. THEREOF S 'r' RLS 26? <br />WHEREAS, Jack Rhode applied in 1976 for variances to allow <br />for the construction or a single family residential hoir.e on his lot <br />commonly known as 1410 Bohns Point Road, and has now reapplied for <br />the same variances and for amendment to Resolution No. 851; and <br />WHEREAS, Jason Becker and William Lauer, neighbors who have <br />property adjacent to that lot, have appeared and expressed concerns <br />related to the possible construction sites on that lot; ana <br />WHEREAS, the applicant, the neighbors, City staff, the <br />Planning Commission and City Council have raised at different times <br />numerous facts and legal questions concerning the application for <br />variances; and <br />WHEREAS, the Planning Commission, City Council and City <br />staff studied the first application at length, including the testimony <br />and memoranda previously submitted by Mr. Rhode and his attorneys, <br />James T. Swenson, Esq., any'. Lorens Q. Brynestad, Esq., and the material <br />submitted by Mr. Jason Hecker and his attor^.2y, Jerry Rice, Esq.; and <br />WHEREAS, the Planning Commission, City Council and City Staff <br />have studied the 1980 reapplication at length, and have studied all <br />additional testimony, including that of t:'.eGregg S. Hannahs and <br />Darrell K. Stewart and all additional written material submitted by <br />Rhode, Becker and Lauer; and <br />WHEREAS, the City Council has re:dewed these applications and <br />ail testimony at City Council Me,-tings held August 8, 1977, August 22, 1977, <br />October 11, 1977, June 30, '1980, July 29, 1.980, August 25, 1980, <br />September 15, 1980 and the date of this s'?_,solution; and <br />WHEREAS, on Septeml . r 15, 19 d , , S r.2,;g Hannah arse fired before <br />the Council and entered into record a :opy of a 1974 too..-vey showing <br />the walkway easements across t'ie subjec_ lot (atta(.hed hereto as Exhibit_ B) <br />ar.d related details of his involvement witti tht, sub e_-c lot and the <br />easements located thereon, including st +.- that he and his attorney <br />na,l called the _z and t.,1_ r.>c ]: .._._ iil. 'I`r of changinq the <br />casements in 1974, that C,.'_y +.n.d L',.' 3tJte°,: [.,.) objections tJ <br />tl: ± east r'a :t8, that the L lt! -1i,3 I.,`! _„ )r ,any '?ndorsement, <br />`c�t'1'1cl1 review, cr approv31 for "-.... is ': 1, and regarding his <br />la,-k of inv.)l-i-nent with the Ca, nci 1' it +I - t the original Resolution <br />Oil in 19' and <br />PASI __Z_CW <br />