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• Planning & Zoning Board <br />June 9, 1993 <br />• <br />• <br />Mr. and Mrs. Leese were present and indicated that they had <br />not discussed the requirements with all their neighbors. Mr. <br />Leese explained that there are too many hard feelings because <br />of the construction of Apollo Drive and that he did not want <br />to stir anything up. He asked if there was a legal basis for <br />denying the request if they refused to sign the waiver form. <br />It was explained that although he would be waiving his rights <br />to petition against the extension of utilities, he would not <br />be waiving any of the normal rights in the 429 process. Mr. <br />Powell explained that there must be a demonstrated benefit to <br />the property that at least equals the amount of the <br />assessment. Mr. Leese also argued that the reason he is <br />requesting the subdivision is to provide a buffer zone between <br />his existing residence and the newly constructed Apollo Drive. <br />He indicated that they did not ask for this roadway to be <br />constructed but are now forced to live with it. He added that <br />staff has been very helpful in answering questions concerning <br />his request and the construction of Apollo Drive. <br />In response to questions from the Planning Board, Mary Kay <br />explained that a blanket subdivision was original recommended <br />as had been approved for Snow Owl Lane. This blanket approval <br />does not need to be considered at this time, it is merely <br />being suggested. Additional requests can be handled on an <br />individual basis. Mary Kay further explained that it has been <br />past practice (2nd Avenue, Snow Owl Lane) to require property <br />owners to sign this waiver when they are in fact creating a <br />more substandard lot without sewer and water by subdividing in <br />this manner. <br />Mr. Powell explained the driveway access points that have been <br />approved by the County. Mr. Mesich questioned the value of <br />these lots due to the fact that they would be on a County Road <br />with a shared access /driveway. Board members expressed <br />concern because the adjoining property owners were not <br />present. They did not want to approve a blanket subdivision <br />for the area without input from all affected property owners. <br />After some discussion Mr. Mesich made a motion recommending <br />approval of the Leese Subdivision Only with the conditions <br />outlined in the staff report and the additional condition that <br />the property owner will retain their right not to connect to <br />sewer and water until their system fails and they will not be <br />required to pay the assessment until they do connect. Kathy <br />Nordine seconded the motion. All voted aye. Motion carried. <br />B. 93 -11 -8, Custom Manufacturing, 7582 Fourth Ave., Site Plan <br />2 <br />