01/28/1991 Council Minutes (2) - Laserfiche WebLink

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COUNCIL MEETING JANUARY 28, 1991 Mr. Kern asked Mr. Burke if the burden of proof should be put on the Homeowners Association? Mr. Burke said that the responsibility for anyone to protect themselves falls on their own shoulders. You have the covenants, therefore you must bring the suit. Mr. Burke explained that the City does not own the land and therefore would have no legal standing. The Council has an obligation to the entire City, not just to those who have covenants. Mayor Bisel asked Mr. Burke to explain what takes precedence if there is a conflict between City Ordinances and private covenants. Mr. Burke said the Ordinances take precedence. Mr. Kern asked if the City issues a variance knowing that it would violate private covenants, does the City assume liability if the covenants are proved valid? Council Member Reinert said that the problem is that two (2) entities have written rights. A decision has to be made by the Council as to what is good for the entire City. Eventually there will be some yielding and the developer will be given the right to develop in some manner. The entity with the most rights will be the winner. Mayor Bisel said he felt the issue of access through the Hansen property should be determined before the Council acts on this matter. Mr. Boxrud said that this issue will be before the DRB on February 13, 1991. A determination will also be made regarding how far the proposed extension of the cul -de -sac will be from the Hansen home. Ms. Elliot explained that some time ago Mr. Hansen was given a permit to build a boat house on a piece of land providing this land was combined with the land the house is on. The parcels were never joined. She asked how many permits can be given on one (1) parcel of land? She also asked who should enforce the requirement that the parcels be joined? It was explained that the matter will be back before the DRB and the City Attorney will be involved at that point. Council Member Reinert moved to close the public hearing at 8:40 P.M. Council Member Bohjanen seconded the motion. Motion carried unanimously. Council Member Reinert moved to adopt Option No. 3 and table this matter until the minor subdivision has reached the Council from the DRB. Council Member Bohjanen seconded the motion. Council Member Bohjanen said that this matter cannot be concluded until all Council Members are present and until the DRB has taken PAGE 10 226