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092 <br />COUNCIL MEETING APRIL 27, 1987 <br />Minor subdivision, Glenn Rehbein - Mr. Kluegel explained that this is <br />a request to divide a portion off of one lot and add it to another lot <br />in Shenandoah II. The reason for the request is that a drainage swale <br />exists on the lot to be divided. The swale would make this lot <br />difficult to market but it could become the boundary between the two <br />lots. Mr. Hawkins explained that because this is a platted area a <br />portion of one lot cannot be divided off and combined with another lot <br />without replatting the area. This would be very expensive. To avoid <br />replatting, the owners are simply creating a third lot which is <br />unbuildable because it would have no road frontage. Mr. Reinert was <br />concerned that this could create a problem in the future. He asked if <br />it were possible for someone to come to the Council in the future and <br />ask for a building permit on this substandard lot. Mr. Hawkins said <br />he did not see that this could happen because there was no road <br />frontage. However, to insure that this could not happen he suggested <br />that it be required that the deed to this lot contain the wording that <br />it is unbuildable. Mr. Hawkins said another problem could be that the <br />lot could go tax forfeit since it is of no real use to anyone. <br />Mr. Marier moved to approve this request and include the stipulation <br />that the deed be recorded with the stipulation on it that it is an <br />unbuildable lot. Mr. Bisel seconded the motion. Motion carried <br />unanimously. <br />Custom Contracting Land Reclamation Conditional Use Permit - LaMotte <br />Drive - Mr. Polski, an attorney representing Custom Homes, appeared <br />before the Council to ask the Council to set a public hearing to <br />reconsider the application for a Conditional Use Permit. It was his <br />opinion that at the last public hearing the Council denied the request <br />for the CUP based upon the objections of a couple of neighbors. He <br />did not see any objective evidence by anyone except from the engineer <br />which was favorable to Custom Homes. He asked that the Council give <br />him an opportunity to present his case. <br />Mayor Benson said he would be in favor of holding another public <br />hearing if Custom Homes would haul out all the dirt that was <br />originally hauled in illegally and replace the street that was damaged <br />and then he would consider starting from square one. Mr. Polski <br />explained that Custom Homes was not aware that a permit was required. <br />Mayor Benson felt that was not very professional of the builder. He <br />felt this was done with negligence and intent. <br />Mr. Marier also objected to the comments made by Mr. Polski. He <br />explained that the Council has asked that Custom Homes work this <br />matter out with the neighbors. However no attempt was made. <br />Mayor Benson said the Council would not listen to the same old <br />material again and would not spend any more money on any <br />PAGE 8 <br />