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-8- 1 plat. Outlot B, he said, would -be added to the owner's home property at 3306 • 2 Belden Drive, and Outlot A was proposed to be used for a community tennis court 3 for the adjoining home owners. 4 5 Three of the nine residential lots, #2, , #3, and #4, would be 640 square feet 6 smaller than the 9,000 square feet required by the Ordinance, which Mr. Childs 7 said are restricted by their 110 feet depth and narrowness of the property at that 8 location. All three would conform to the Ordinance as to 'length and width and 9 the Manager had indicated he perceived the small variances necessary for these 10 lots were justified considering what he perceived to be an excellent layout, con- 11 sidering the configuration of that land and the fact that single family use conforms 12 to the Zoning Ordinance and would be very compatible for the neighborhood, and 13 similar variances had been approved for the Hertog Development. 14 15 Rick Johnson who lives at 3306 .Belden Drive advised the Commission that the survey -16 had shown that a wooden retaining wall constructed across the rear of Lot 13 17 (3302 Belden Drive) , which encroached on the property lines for Lots 1 and 2 and 18 might pose potential problems for the purchasers of those lots. The Manager 19 indicated a meeting between Orville Thompson, who had erected the retaining wall 20 and the Johnson's might be arranged to straighten out the deficiency. 21 22 When Commissioner Bjorklund recalled past Commission testimony regarding a "ditch 23 running through this property", the Manager told him the City has a storm sewer 24 easement across the -back of the property and Mr. Johnson indicated there is a,' 25 24 inch pipe which runs across the back of Lot 1 to catch the water running on the 26 back side of those yards and all water would be drained to the back and then to • 27 the south. 28 29 Ron Sonmore, 2708 - 34th Avenue N.E. , indicated he was in favor of the proposal in 30 general but was concerned that the drainage easement for the Belden Terrace 31 Addition be unimpeded. He told Commissioner Bjorklund he would personally not be 32 opposed to having Outlot A made into a ponding area, but could not speak for his 33 neighbors. 34 35 Bill Zawislak, 2500 - 34th Avenue N.E. , who had just completed a two year service 36 on the Planning Commission, indicated he would be very much in favor of the project 37 and both the platting and variances as requested. He saw a similarity with the 38 Hertog Development where the lots were 70 X 140' and like the proposed lots, lined 39 up to match the lots behind them. 40 41 Peter Leba, 3316 Edward Street N.E. , who said he lives directly across the street 42 from the Johnson property, strongly recommended the acceptance of the Johnson 43 proposal , which he perceived would be a great improvement for the neighborhood. 44 45 Mr. Johnson told Commissioner Wagner the recreational area on Outlot A would be 46 maintained by the- imposition of an annual fee which would be a part of the sales 47 contracts for the lots which would be included in the association. He said Lots 1 , 48 12, and 13 would not be included. The proponent told Commissioner Madden access 49 for Lots 2, 3, and 4 to the tennis courts would be provided by easement across 50 Lot 9. He then told the Chair construction would be started as soon as approval 51 is granted. • 52 53 Mr. Johnson commented further that there is a catch basin to the back, north of his 54 home, which is going to be maintained because it is to their interest as well to 55 to do so but the petitioner indicated he couldn 't see the pond which had been