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-4- <br /> Councilman Marks that "maybe we should get started on this develop- <br /> ment" but , said he has trouble disassociatingthis. request from all <br /> the others which 'have never, materialized.. He also- saw the opposition <br /> of an Apache barber to the proposal as being a .point which should be <br /> remembered as well. However, he believed. if. the safety. factors <br /> built into the .PUD or R-3 zoning requirements- are maintained, the <br /> development of . this lot might encourage development. of the remaining <br /> parcel. He wanted the. conditions set by the Planning Commission <br /> to be repeated in any Council approval. <br /> Councilman Ranallo wondered if. the. residents along- Penrod realized . <br /> that allowing a "B" use for. -this parcel might set a precendent for <br /> for the undeveloped property noting the opposition they had voiced <br /> when another "B" in .the form.: of a municipal liquor store had been <br /> proposed for that .site. <br /> The City Attorney, addressed some of the Council 's concerns by <br /> reminding them that "Mr.. Morris. is only a spokesman for Mr.. Hedlund, <br /> since, technically, this is Mr,. Hedlund'.s application .and' he has to <br /> agree °to any action taken and can't later say he didn't know about <br /> the conditions you attach" . Mr. Soth recommended any motion of <br /> approvalshould indicate the. approval is for the Final Plan of the <br /> PUD and conditions set now are attached to that Final Plan. <br /> He told Mr. Haggerty the Final Plan is the document .which must be <br /> recorded and "this is the Final Plan- for only this particular <br /> property" . He told Councilman. Ranallo the Final- Plan fixes the use <br /> of__the property and that. use "can't be changed to commercial without <br /> rezoning" . . He also advised that. "staff cannot negotiate the PUD <br /> requirements -regarding landscaping" as had been recommendedby the <br /> Planning Commission. When asked. to comment ,on the concerns raised <br /> by Councilman Ranallo: regarding. the. City's legal position as to <br /> setting a precedent in the development. of this property which might <br /> affect the development of the lot to the north, Mr. Soth said "this <br /> proposal can be'.distinguished .from the. balance of the PUD since the <br /> subject lot has an existing structure as opposed to the undeveloped <br /> land, and, if you approve this proposal, you are confirming that <br /> the developer has .two types of..-development possible for the property <br /> to the. north" . He did not believe all building had to be- done at <br /> one time, but could. be staged but advised the Council they still had <br /> the option of telling the developer "you can't make .a decision on one <br /> parcel of the PUD. without seeing a plan for the whole thing" . <br /> Mr. Haggerty agreed that Condition #1 for the Detailed Plan, as the <br /> Final Plan, would be. satisfied _with the recording of the Final Plan. <br /> He later signed the site drawings . identifying them as the Final <br /> Plans. <br /> Mayor Haik said she intended to approve the proposal believing it <br /> would not be a deterring factor .for the development of the land to <br /> the north to either a residential or commercial use under the PUD. <br /> She reminded.. those. present that "the condition. of the existing house <br /> reflects the interests of the owner rather. than the City" . She did <br /> not find .the question of whether Mr. Morris is a. reputable business- <br /> man or not. should be the .question involved in making a decision, <br /> but rather, what is the bestuse of the land. <br />