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M1NU'I'lS <br />PLANNING COMMISSION <br />S>JPTIJM 3~R 9, 2004 <br />neighbors would have to bring a legal action. The City does not have the <br />authority to enforce these covenants. <br />Ahlberg noted that over the past 50 years none of the property owners in <br />the area have talked about subdividing their properties. Ahlberg felt that <br />the only reason for this proposal was to make money. <br />Maul Pojar appeared before the Commission representing his mother who <br />owns the property immediately north. Pojar noted the covenants in the <br />abstracts for the properties in this area, and agreed that enforcement would <br />have to be done by the property owners through a legal action. Pojar <br />indicated that his mother's biggest concern is with regard to drainage and <br />indicated that there is a considerable amount of impervious surface on the <br />Rucci property. The addition of anoHier home will increase the <br />impervious surface, thus increasing the amount of drainage already <br />coming from the Rucci property onto the Pojar property. Pojar indicated <br />that his father and IVIr. ,Rucci tried to correct the problem several years <br />ago, however, it still exists. Pojar indicated that his concern is there is no <br />plan for the control of water. <br />I{eis noted that any development that goes in cam~ot cause drainage <br />problems for another property. It will be up to whoever develops the lot to <br />control run-ofi'. I{eis indicated that the City Engineer or Building Official <br />will have approve the drainage plan fa the property and make sw e the lot <br />is property graded. <br />Pojar asked who is responsible for the run-off coming from the existing <br />house. Barraclough suggested that the neighbors discuss the drainage <br />problems with the Rucci's. Mr. and Mrs. Rucci indicated that this is the <br />first they heard of the concern and would work to correct it. <br />Barraclough recommended approval of the property division subdividing <br />2167 McMenemy Street into two single-family lots subject to compliance <br />with the reconui~endations of the City Planner. <br />Motion seconded by Wojcik. <br />Motion carried 6 - 0. <br />Lorraine :Pojar expressed concern about the torrent of water that flows <br />onto her property from the Rucci property. She indicated that this water <br />tears holes in her driveway. She expressed concern that the development <br />of another home will worsen the problem. The Rucci's indicated their <br />willingness to work with Mrs. Pojar to correct the problem. <br />_ ,~ _ <br />