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MINUTES <br />City Council <br />Feb. 24, 1988 <br />Schr•ier• Fahey outlined the pr•evious histor~y of the par~cel, noting that the <br />PUD City r~ezoned the par~cel fr•om R-3 to R-2 in September~ of 1983 and in <br />Amendment November~ of 1983 the Council approved a var~iance and conditional <br />(Cont.) use per~mit to allow Schr•ier• to develop an 8-plex on the par~cel. <br />Fahey questioned how long the Council was bound by the actions of <br />a pr•evious Council, given the lapse of tiine since the 8-plex appr~oval. <br />Fahey stated that it was his feeling that the cur~r•ent pr~oposal would <br />impact mor•e substantially than the pr•evious one. Fahey pointed out <br />the cur~r•ent proposal is for 8 units above-gr~ound, while the pr~evious <br />8-plex had 4 units below gr~ound and 4 units above ground. Fahey felt <br />the Council should take a fr•esh look at the 8-plex pr•oposal and its <br />impact on the r•esidential neighbor~hood. <br />The City Attor~ney noted that the pr•evious Council action in November• <br />of 1983 was to gr•ant a var~iance and conditional use per•mit, and both <br />of these appr•ovals lapse if not acted upon within one year~. <br />Fahey commented that he has discussed this with Mr•. Schr~ier~, who <br />indicated that it was his under~standing that the 10 year• pr•ovision <br />included in the PUD on his pr•oper•ty acr~oss the str•eet, applied on <br />this par•cel as well. <br />The City Flttorney noted that the PUD included only the legal description <br />of the pr~oper~ty acr•oss the str•eet, nor•th of County Road C. The Attor•ney <br />stated that it was his under•standing that the tr•iangular•-shaped par~cel <br />was not included. <br />Fahey noted that the Planning Commission voted 6 to 1 to appr•ove the <br />PUD amendment. <br />Fahey stated that he was not in <br />this was an oppor•tunity for• the <br />development of this par•cel. <br />favor• of 8 units above-gr•ound and felt <br />Council to take another~ look at the <br />Mr•. Richar~d Schr~ier• indicated that it was his under~standing that he <br />had 10 year~s to act on the development appr•oval gr~anted in 1983 for~ <br />the tr~iangular• par~cel. Schr•ier• stated that he believed he had <br />documentation of this. <br />Fahey agr~eed that this matter of appr•ovals lapsing has just cone up, <br />and suggested that the public hear•ing be tabled to give the City and <br />Mr. Schrier an opportunity to research their records. However, Fahey <br />stated that in r~esear•ching meeting minutes he did not believe that <br />the tr~i angul ar• par~cel was i ncl uded i n the PUD for• Schr~i er~' s pr•oper•ty <br />acr~oss the str~eet. Fahey noted that it takes four• affir~mative votes <br />to amend a PUD, and he was not in favor• of doing so. <br />6lesener~ commented that he has discussed the matter• with Mr~. Schr~ier• <br />and it is his belief that the variance and CUP granted Schrier in <br />1983 ar•e null and void. Dlesener~ indicated that he felt 8 units would <br />be over~development of the par•cel. Blesener• felt the site should be <br />developed with multi-family, however•, 8 units was beyond what the par•cel <br />would accept. <br />Paqe -5- <br />