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MINUTES <br />City Council <br />April 23, 1986 <br />Dukowitz Mr. Fahey opened the public hearing on the request of Mr. Dukowitz <br />Sideyard for a sideyard setback variance to construct a home on his property <br />Setback on Burke Lane. Fahey reported that previously Dukowitz requested <br />Variance the vacation of Condit Street, which the City refused. At that <br />time the Council indicated that they would consider a variance request. <br />Agenda <br />Item No. 6 The Planning Commission and the City Planner have recommended <br />approval of the variance request. <br />There was no one present from the audience wishing to address this <br />matter. <br />Mr. Collova introduced the following resolution and moved its adoption: <br />RESOLUTION N0. 86-4-152 - CLOSING THE PUBLIC <br />HEARING ON THE DUKOWITZ SIDEYARD SETDACK <br />VARIANCE REQUEST <br />The foregoing resolution was duly seconded by Ms. Nardini. <br />Ayes (5) Collova, Nardini, Scalze, Blesener, Fahey. <br />Nayes (0). <br />Resolution declared adopted. <br />This resolution appears in Resolution Dook No. 13, Page 153. <br />Council discussed placing a provision in the abstract of the property <br />that should Condit Street be improved, the Duko~~itz property could <br />not be subdivided. <br />Mr. Dukowitz indicated that he was willing to agree to this restriction. <br />The City P,ttorney reported that in order to do this a Declaration of <br />Covenant would have to be drafted. This is a substantial document. <br />The title of the property would also have to be examined. <br />Mr. Fahey did not want to cause a great deal of expense to Mr. <br />Dukowitz and asked if the Council minutes and reference to the <br />asreement in a resolution would be sufficient. <br />The City Attorney felt it would be, but suggested that the applicant <br />sign an agreement with the City agreeing not to subdivide the property <br />should Condit be improved. <br />Mr. Fahey introduced the following resolution and moved its adoption: <br />RESOLUTION N0. 86-4-153 - APPROVING THE DUKOtJITZ <br />SIDEYARD SETBACK VARIANCF REQUEST AS SUBMITTFD <br />BASED ON THE RECOP1MENDATIONS OF THE CITY PLANNER <br />CONTAINED IN HIS REPORT DATED APRIL 3, 1986 APlD <br />CONDITIONED THAT DUKOWITZ SIGN AN AGREEMENT blITH THE <br />CITY THAT THE PROPERTY WILL NOT BE SUBDIVID~BLE IN <br />THE FUTURE SHOULD C0~!DIT STREET BE IPIPROVED <br />Page -5- <br />