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-7- <br /> The Commission representative indicated the Commission had unanimously recommended <br /> • Council approval of the preliminary platting of the wholesale florist business <br /> site which is to be redeveloped into nine residential lots and two outlots, as <br /> well as the minor deviations from total lot area requirements which would be <br /> necessary for three of the residential lots. In reference to these variances, <br /> Commissioner Wagner indicated the Commission had perceived there was no other way <br /> those three lots could be built which would meet the Ordinance requirements for <br /> total lot size and had agreed with staff that the proposed project would be a <br /> good use of, the land which would be compatible with the residential neighborhood. <br /> In addition to .Rick Johnson, representing J. R. Johnson Supply, Inc. , Steve Fuchs, <br /> 2800 - 30th Avenue N.E. and Elizabeth Heller, 3310 Belden Drive, were present for <br /> the consideration. Mr. Fuchs indicated he did want to make a formal statement <br /> and Mrs. Heller said she had not received a notice of the Commission hearing and <br /> was present to find out what the disposition would be of the damaged hurricane <br /> fence next to her property. She said she had talked to the City's office.- secretary <br /> who -had assured her that the notice had been mailed to her along with all other <br /> property owners within 350 feet of the subject property, Mrs. Heller said, and her <br /> name had been one of those listed in both the Council and Commission agenda packets <br /> as having been notified of the Commission hearing. <br /> Rick Johnson told Mrs. Heller the recreational area would be in the same area as <br /> the greenhouse had been and said he planned to either repair or move�:the fence <br /> in question and, since his own home is on the other side of the fence, he would, <br /> of course, be particular about its appearance. <br /> The conversation which followed established that the landlocked outlot could never <br /> be built on and that access to the community activities planned there would be <br /> across the existing utility easement on the rear of Lot 9. He is working on an <br /> association agreement now which would provide for the maintenance of area by <br /> members of the owners association which would be comprised of the owners of the <br /> newly developed Lots #1 through #9 plus existing Lots 1 , 10, and 11 , Mr. Johnson <br /> reported. Mr. Soth indicated he believed the City would be obliged to accept <br /> the parcel if the owners wanted to give it to the City. <br /> During the February 19th hearing.,. Mr. Johnson had questioned whether the retaining <br /> wall recently constructed by Orville Thompson encroached on one of the new lots, <br /> but he now reported the survey had confirmed that the structure was on Mr. Thompson's <br /> property. <br /> Soil borings are required for the development of large subdivisions and, because <br /> of the size of the Johnson project, the Manager suggested the soil borings tests <br /> might be waived. He told Councilman Ranallo it would be the responsibility of the <br /> purchasers, and not of the City, to determine just what footings would be necessary. <br /> Mr. Soth agreed that the City would have no responsibility if there was defective <br /> soil in the subdivision. Mr. Johnson pointed out that the concrete buildings which <br /> had been on the site were much heavier duty than the residential dwellings which <br /> he proposes to build. When Councilman Marks recalled a mention in the past of an <br /> underground creek in the same area, an unidentified man sitting next to Mr. Tjern- <br /> lund, said the creek ran east of the Johnson property. <br /> Motion by Councilman Ranallo and seconded by Councilman Enrooth to approve the <br /> • preliminary platting for Johnson Manor, a nine lot and two outlot subdivision, <br /> between 33rd and 34th Avenues N.E. on Edward Street N.E. , as presented in the <br /> Certificates of Survey by Comstock and Davis, Inc. and to grant lot size variances <br />