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MINOR SUBDIVISION OF GEORGE HERDA OF PROPERTY GENERALLY LOCATED
AT 8345 & 8335 FAIRCHILD AVE. The administrator explained
that the Planning Commission has reviewed this and recommended
approval. The staff recommends approval according to the
recommendations of the Planning Commission which included
a 5 -foot utility easement. Anything that has to be deeded
is required of the subdivider.
MSP (Hodges - Pickar) to follow the recommendations of the
Planning Commission and approve the minor subdivision of
George Herda generally located at 8345 and 8335 Fairchild Ave.
4 ayes
PROPOSED REVISION OF SUBDIVISION REGULATIONS ORDINANCE. The
administrator stated that this was tabled at the last meeting.
The Council has now received proposed revisions of the original
draft, where in a minor subdivision a subdivider is now required
to have a surveyor's certificate with all of the information
that is on the preliminary plat. This change in the ordinance
still allows the Council the option anytime it deems appropriate
to acquire a subdivision to be platted. The staff feels
that this would expedite the subdivision process in those not
creating more than one additional lot or covering more
than two acres. They attorney has recommended that variances
to the ordinance be allowed.
MSP (Baumgartner- Hodges) that we approve the subdivision regulations
as presented with amendments in the memo from the administrator
to the Council of May 4, 1976.
Councilman Baumgartner stated that he felt that we should add
some variance stipulation.
Motion was amended to add a new subdivision to 42.15, that
subdivision to read:
Subdivision 2. Variance. The Council may grant a
variance of these subdivision regulations in any
particular case where the subdivider can show that
by reason of exceptional topography or other physical
conditions the strict compliance with these regu-
lations could cause an exceptional and undue
hardship on the enjoyment of a substantial property
right, provided such relief may be granted without
detriment to the public welfare and without impairing
the intent and purpose of this Chapter.
Subdivision 2 in the draft should be renumbered to Subdivision
3. In paragraph 1, the word "variance" should be added prior
to the word "exception ". Paragraph 3 should be amended to
include the word "variance ".
Amendment carried - 4 ayes
A vote on the main motion was requested. 4 ayes