02-27-1979 Council Minutes - Laserfiche WebLink

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'FtEGULAR TZEETIPIG OF TIi� ORONO COU?1CIL, FEBRUARY 27, 1979 Page 38 �ihe easement has also been required for certain SUBDIVISION conditional use perr_�its. P4r. Neils ' argument 2700 Sixth Ave.P� ^�, regarding consistency in flowage easer.ient require- (Continued) ' rients is unsupported by fact. Pdr. P7eils further argues that conditions 3-8 of Resolution #889 should be omitted. Condition 3 requires a Hennepin County access permit which is a County as well as a City requirer�ent, also undisputably consistent as a requirerient (and subject to Hennepin County enforcenent) . Conditions 4 & 5 relate to right of way as previously discussed. Condition 6 relates to the flowage easement. Condition 7 relates to the drainage and utilities - easements. Condition 8 relates to the issue of platting versus metes and bounds. P4r. Fazendin has proceeded with the plat making this request seer_1 moot. Reverting to a r_Zetes and bounds division at this point would involve additional dracaing costs, not save any money. S urmriary. id?-.Ideils is not the applicant, i�ir. Fazendin is. t�r. Fazendin has not requested reconsideration but has evidenced good faith in trying to cor.lplete the division. Because of his contract with tir. Neils, -� however, Fazendin r.iust have Psr. Neils ' approval .� for coripletion of the division. The approval granted by Resolution #889, on March 16 , . 1978, expired on August 16, 1978. 2ir. Fazendin in August asked staff for a "brief" extension and there- after supplied the final plat copies. I would recor,iriend extension of the deadline, but not indefinitely, upon rir. Fazendin's request. Iir. Neils has not supported any of his clairis of discrimination. On the contrary, he has caused staff to research the record compilinc� statistics - not previoulsy available in direct support of the City' s actions_ Allowing his division to be approved without these r��;re�nts would be discriminatory against the many other applicants who hav.e completed the City requirer_ients. Even if the division has proceeded as a r.ietes and bounds division (as the City provided for) , the City would still have required right-of-�vay dedication (by deed or easer.tent) , �lowac�e easement dedication and the other conditions of Resolution #889. _ I repeat r,iy recorunendation of February 2, 1979, that �; the Council adhere to the findings of Resolution #889. � (Continued)