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MINUTES <br />Planning Commission <br />April 14, 1988 <br />Text <br />Amendment <br />Park Trails <br />The City Planner explained previous Council action which would have <br />allowed the Foyt's to have a variance for setback from their northern <br />property line should the property owner to the north be agreeable to <br />the variance. However, since that property owner was not agreeable, <br />the Foyt have no variance. <br />Mr. Richard Sagstetter, property owner to the north, appeared before <br />the Commission and indicated that he was not in favor of a variance on <br />the Foyt's northern property line and felt if the proposal before the <br />Commission this evening is approved, the Foyt's will be in at a later <br />date making this request. <br />Davison pointed out that the Planning Commission did not recommend a <br />variance on the Foyt's northern property line, but felt any variance <br />should exist between Lots 4 and 5. <br />The Planner pointed out that the position of the Council is that the <br />Foyt's will not get a variance on the north unless the northern property <br />owner is in favor. <br />Davison stated that he would not want to approve this proposal if there <br />was an implied understanding that a variance on the north will be granted <br />at a later date. <br />The Planner stated that his recommendation was that no variance on the <br />north be granted. The Planner also indicated that he recommended that <br />a variance between Lots 4 and 5 be granted so that the Rindelaub's have <br />3 feet of property next to their house so that the northern side of their <br />home can be maintained. <br />Mr. Davison recommended approval of a variance between Lots 4 and 5 <br />and the subdivision of a strip of property 13 feet by 65 feet from <br />the Foyt property adjoining the strip to the Rindelaub property so that <br />there is a 3 foot setback from the Rindelaub home for maintenance <br />purposes, and with the stipulation that no variance will be granted in <br />the future on the northern boundary of the Foyt property. <br />Motion seconded by Schweizer. <br />Motion carried 6 - 0. <br />The City Planner presented proposed ordinance No. 295 and No. 296 <br />which deals with park trails. The purpose of these ordinances is <br />to allow trails as a permitted use in all zoning districts of the <br />City so that there is no need to rezone trails to Public. <br />Davison expressed concern about liability on these trails, and if <br />adjacent property owners had any liability for trails passing over <br />their property. <br />Page 9 <br />