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Planning and Zoning Board <br />March 14, 1984 <br />Page -3- <br />411 explained the drainage is at the rear of each lot and that the drainage <br />then goes to Tomahawk Trail by way of a swall and eventually to the storm <br />sewer at Tomahawk Trail and Tomahawk Court. Mr. Winner further explained <br />a Rice Creek Watershed District permit will not be required because the <br />plat is less than five acres, however, he was sure the City Engineer would <br />require all of Rice Creek Watershed District requirements. <br />Mr. Prokop addressed the request for a variance application. The City <br />Attorney in his letter of February 27, 1984 stated he felt in his opinion <br />the developer did not have the right to further reduce this non - conforming <br />lot without a variance. He also noted that.the burden of proof to show <br />that the criteria for granting a variance.a applicable would be on the <br />applicant. Mr. Prokop felt that the variance application and plat app- <br />lication should not be handled separately. Mrs. Klaus stated that a <br />variance should deal with the hardship of the land not for economic <br />reasons. She felt the plat could be approved if the Board would require <br />all four lots be connected to municipal sewer. <br />Mr. Goldade moved to recommend approval of Mr. Webers plat subject to <br />review of drainage by the City Engineer and that the provision that all <br />four lots be hooked to the municipal sewer. Mr. Prokop seconded the <br />motion. <br />Mr. Doocy asked if the applicant can run the sewer to the lots in stages. <br />II/Mr. Winner felt that with a project this small it would be economically <br />not feasible. Also the ordinance provides that no house will be built <br />on an urban lot unless sanitary sewer is available. <br />r <br />Mrs. Klaus noted that lot 4, Mr. Webers home lot, could be subdivided. <br />Mr. Weber said he had no intention of doing this. <br />Mr. Ostlie noted that the motion is saying that the Board is not grant- <br />ing a variance for an unsewered lot #4 as requested by Mr. Weber. Mr. <br />Weber said he understood what the Board was doing. <br />Mr. Ostlie called for the question, the motion passed unanimously. <br />Mr. Weber was told this would be on the March 26, 1984 Council agenda. <br />METES AND BOUNDS SUBDIVISION - Signe Miller <br />Mr. Daryl Miller was present to represent his mother Signe Miller. Mr. <br />Kluegel presented the subdivision map and indicated the area is zoned <br />ER requiring five acres for a building site. <br />Mr. Miller explained he is requesting a subdivision so that he can build <br />a home on lot B. Lot A is Signe Miller's present home site. Mr. Miller <br />noted that lot B is 5.25 acres and has the required frontage. He had <br />also presented a map showing a possible future resubdivision when sanit- <br />ary sewer becomes available. <br />Mr. Prokop moved to recommend approval of the request of Signe Miller <br />as stated on the application dated March 4, 1984 to split out 5.25 acres <br />by metes and bounds. Mr. Doocy seconded the motion. Motion passed un- <br />animiously. <br />