05-25-88 Council Minutes - Laserfiche WebLink

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MINUTES City Council May 25, 1988 David The City Cler~k r~epor~ted that he has spoken with Mr~s. Plessel, the pr•oper~ty Wr•ight owner• at the cor•ner~ of Allen and pr•oposed Noel Dr•ive, and she is agr•eeable Pr•oper•ty to dedic ati ng a 20 foot r•oad easement for• Noel Dr•i ve. The Ci ty Cl er~k Division pointed out that a building per~mit could not be issued for• the Wr~ight (Cont.) pr•operty until ther•e is an impr•oved r•oad to the pr•oper•ty. Mr~. David Wr~ight appear•ed befor•e the Council and r~epor•ted that he would like to have the pr•oper•ty division appr~oved so that he can sell the lot. Wr•ight r•epor•ted that he is aware that a building per~mit could not be issued for• the lot until a r~oad is impr~oved to the lot, and he would make any buyer• of the pr•oper•ty awar•e of thi s as wel l. The City Planner• pointed out his r•ecommendation for• a deed r•estr~iction whi ch woul d make any buyer• of the pr•oper•ty awar~e that a bui 1 di ng per•mi t could not be issued until there is an impr•oved r~oad to the lot. Wr•ight pointed out that if he can sell the lot, the pur•chaser~ would have the option of impr•oving a road to the pr~oper~ty. Fahey asked the City Attor•ney his opinion on the deed r•estr•iction r•ecommended by the Ci ty Pl anner•. Scalze stated that she did not believe the City could cr•eate a lot that did not fr~ont on a public r•oad. The City Planner~ r•epor~ted that the Subdivision Or•dinance denies the ability to cr•eate a lot that does not fr•ont on a fully dedicated public r•oad, however~, the r~oad does not have to be impr•oved. A building per•mit cannot be issued for• a lot until the r•oad is fully impr•oved. Fahey suggested that a deed restr•iction be placed on the pr•oper•ty stating that a building per•mit will not be issued for• the lot until the r~oad is fully impr~oved. The City Attor•ney felt that ther~e would not be a problem if the City gets the r~oad easement necessar•y for• Noel Dr•ive. Wr~ight pointed out that he owns other• lots in the ar•ea which do not fr~ont on fully dedicated str•eets. Scalze pointed out that while these things wer•e done in the past, the City no longer~ does this. Fahey pointed out that someone could make the ar~gument that the City should never• have cr~eated the 1ot if it will not issue a building per~mit for~ it. Mr. Fahey intr•oduced the following r~esolution and moved its adoption: RESOLUTION N0. 88-5-206 - APPROVING THE DAVID WRIGHT PROPERTY DIVISION AS PRESENTED CONDITIONED UPON SUBMISSION BY THE APPLICANT AND/OR THE PLESSEL'S Page -9-