02-27-1979 Council Minutes - Laserfiche WebLink

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REGULAR NlEETIIIG OI' TFiE OROY10 COUi1CIL, FEBRUARY 27, 1979 Page 35 Iir. Alan Olson, City Planner, entered into the record SUBDIVISION the following inforr.iation concerning the subdivision 2700 Sixth Ave.��: request of Roger Fazendin, 2700 Sixth Avenue Plorth, Roger Fazendin dated February 22 , 1979, which states: #354 This rier_io will be sent to P4r. Fazendin and to Isr. rTeils for their inforr.�ation prior to the February 27, 1979 r►eeting. isr. 2leils, in his letter of February 19 , 1979, attempts to prove gross inconsistency on the part of the City in our review and approval of subdivisions, particularly those fronting on County Road Six, in regard to: l. Drainage and utility easerients 2. Additional road right-of-way 3. Flowage and conservation easer_ients iiy experience and ny review of the Citv records leads me to the conclusion that the City has been consistent in its review of subdivisions, and further, that Mr. � i�7eils '. contentions are wi�.hout substantial rlerit. Ubviously, requirer,ients and standards change frori tirie to tine. 2�r. Neils fails to take into account such changes and he fails to appreciate that the aPplicable lav� is that law in effect at the tine of final decision, in this case, the tine of rinal plat ° a�proval. Application #354 was r.iade on January 24, 1978 , �a'�ich date is critical in review of anv conparison between the requirenents r.iade of Mr. Fazendin and t�-:e require- r.ients rtade -of� Pir. Fazendin an�, the requirerments r_iade oi others. _ tir. IJeils has apparently dropped his earlier contention regarding platting requirer►er.t_� v�ersus a r.letes and bounds divisions, since January, 1975 , have been approved only in two situations: 1. To divide a property when both parcels will exceed five acres exclusive of road right-of-way. 2 . To rearrange a lot line between two pronerties when no new lot is created. Since 1976, even this rearrangement has rec�uired platting when the resulting lots were less than five acres. The record also shows that the eastern parcel or the Fazendin property is less than five acres as proposed and that Fazendin was offered the opportunity to change the location of the dividing line. . ;-, (Continued)