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MINUTES <br />CITY COUNCIL <br />JULY 23, 2003 <br />Planner further noted that the City Engineer's preference is for the first <br />plat proposal submitted. <br />Fahey indicated that the Council relies on its professional staff in these <br />matters, and it appears that the developer has done nothing to address the <br />recommendations of the City Planner and the City Engineer to bring the <br />plat into conformance with the Subdivision Ordinance. Fahey noted that <br />there is no hardship present to warrant varying from the Ordinance, and <br />recommended that the developer redraw the plat to bring it into <br />conformity. <br />Blesener asked if the cul -de -sac should be straight in from the intersection <br />or offset. The Planner replied that it was acceptable to offset the cul -de- <br />sac. The Planner suggested another possibility for addressing the issues <br />may be to enlarge the cul -de -sac. <br />Carlson asked for an explanation of the front yard setback that would be <br />required as it relates to R -I zoning as well as the Shoreland Ordinance. <br />Fahey pointed out the explanation that was given to Mr. Carlson at the <br />Planning Commission meeting that the property is zoned R -1 and the <br />Shoreland Ordinance also applies. When two standards are applicable, it <br />is the more restrictive of the two standards that is enforced. The City <br />Planner explained that that was correct. <br />Fahey stated that it appeared to him that the developer has done nothing <br />since the Planning Commission meeting to bring the plat into conformance <br />with the Subdivision Ordinance and suggested that the developer do so. <br />He noted that the City is up against the 60 -day requirement. Therefore, if <br />action is tabled until the August 13`x' meeting, the developer will have to <br />waive the 60 -day requirement. Carlson requested action be tabled until <br />August 13th so that they can redrawn the plat and indicated that he would <br />waive the 60 -day requirement. <br />Mr. Fahey introduced the following resolution and moved its adoption: <br />RESOLUTION NO. 2003 -7 -161 — CONTINUING THE PUBLIC <br />HEARING ON THE H.4MEL ESTATES PLAT UNTIL THE AUGUST <br />13, 2003 COUNCIL MEETING SUBJECT TO THE APPLICANT <br />WAIVING THE 60 -DAY REO UIREMENT AND WITHOUT THAT <br />WAIVER, THE PRELIMINARY AND FINAL PLAT WILL BE <br />DEEMED DENIED <br />The foregoing resolution was duly seconded by LaValle. <br />Ayes (5) Fahey, LaValle, Blesener, Anderson, Montour. <br />Nays (0). Resolution declared adopted. <br />5 <br />