03-26-07 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MARCH 26, 2007 The City Planner indicated that there are similar situations in the City with side-by-side owners. The Planner stated that he is certain that problems occur occasionally, but he has not observed problems with contrasts in exterior maintenance. McGraw indicated that most townhome and condominium developments are bound by articles of incorporation and by-laws. McGraw questioned how the arbitration process would work if there are owners of side-by-side units that are in a disagreement about roof replacement or landscaping. Belin felt a townhome or condominium development did not compare to the individual ownership of a side-by-side duplex. Belin suggested that issues with lawn care would be addressed through code enforcement similar to any single-family neighborhood. Building and roof maintenance and color could be addressed through deed restrictions. Keis felt that aesthetically, the City would want to keep the appearance of each of these units similar, even to the point of landscaping. Belin stated that he could condo the two units; however, this is not cost effective given the resulting financing difficulties this would pose. Belin explained that the result would be an unwarrantable condo status, which results in more financing difficulties and higher interest rates for the owners. Belin stated that from a financial standpoint it is in his best interest to subdivide the property. He also felt it was in the City's best interest as well given the result will be individual homeownership rather than rental property. Allan asked if the fire wall was necessary under a condo situation. Belin stated that it was not. Blesener preferred to see the fire wall installed. Belin indicated that a condo situation will make the property more difficult to sell. He also noted that an association would have to be maintained, and pointed out that one of the property owners will have to maintain the association. Belin felt there was not benefit in a condo situation in this particular case. Blesener asked if the property division as proposed met the City's Codes. The City Planner replied that it did. The City Administrator noted that any approval should be subject to compliance with the recommendations of the City Planner and the Building Official as well as application for the appropriate building permits prior to the recording of the property division.