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Planning Commission Minutes — December 11, 2008 <br />Page 2 <br />The applicant Dave Schumann, 7626 137th ST Ct N, came forth to answer any questions. <br />McRoberts asked why a home owners association hadn't been established. <br />Schumann stated that it was his understanding that the home owners didn't want any part of the <br />outlot and fees associated with taxes, dues, and maintenance of the property. That is why the <br />HOA was never formed so it stayed in his name because the county doesn't recognize multiple <br />owners without an identity like an HOA. He noted that it has been that way for the past 7 years <br />and that he has been paying the taxes and fees during that period. <br />Bryan added that it seems the development agreement was recorded without the conditions being <br />satisfied. Today the City follows up to ensure that the conditions have been met. For whatever <br />reason, this particular case did not, and the planning commission needs to make a choice as to <br />what should be done, force the development agreement to create a HOA or approve the request. <br />McRoberts feels that this could be a legal issue. Not sure who the owners are for sure, <br />Schumann or the HOA that wasn't formed. <br />Moore stated that they bought the property without knowing that they even had an outlot, so they <br />aren't loosing out on it just keeping things they way they are now. <br />Bryan stated that it is clear that Schumann is the owner because no HOA was formed. <br />Mr. Miller stated that he was told he was a part owner of the outlot when he bought the lot. <br />Richard Thompson, 7618 137th ST Ct N, agrees that Schumann is the owner of the lot because he <br />is the only one that has been paying taxes on it. He also stated that he was not informed of the <br />outlot by his builder or his realtor. <br />Kleissler closes public hearing. <br />Rosenquist wanted to get the legal opinion from the City Attorney to get his thoughts on the <br />subject. <br />Bryan stated that the City Attorney is comfortable with the process that staff is taking. <br />McRoberts asked if he was aware that anyone was interested in starting a HOA. <br />Bryan added that we didn't know if anyone would have wanted to establish a HOA that is what <br />we are learning tonight at the public hearing. <br />Schumann mentioned that he wasn't aware of anyone that wanted anything to do with the outlot, <br />so no effort was made to start a HOA. He noted that he has made a lot of investment and has <br />retained all of the costs to date on the property. <br />McRoberts said that he wasn't concerned about the cost issues, but more the opportunity to have <br />