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14INUTES OF THE PROCEEDINGS <br />OF THE <br />HUGO PLANNING COM1`7ISSION <br />Larch 12, 1980 <br />The public hearing to consider the rezoning; request of James Brevig <br />was reopened at 7:40 PTT. <br />PRESENT:-Peloquin, Hanson, Greger, Houle, Lorch, A'cAllister, Peltier <br />A letter was received from the City Engineer regarding the pert test <br />submitted for the rezoning request. ter. Kuusisto stated that the re— <br />port appears to be satisfactory for the installation of an on—site <br />sewer system. He also felt that construction of a new house would <br />create a minimal amount of run—off. <br />Air. Robert ;-faller, 14310 Homestead Avenue, asked if the engineer gave <br />approval for the construction of another house and the pert test. <br />Peltier stated that the pert test was approved, but he gave no approval <br />for the house. <br />Mr. Geck, attorney for Mr. Brevig, restated that Mr. Brevig would pro— <br />vide the city with an easement, at no cost, to keep the dike where it <br />is presently located in exchange for a rezoning from RRII to SFr.. <br />Peltier asked if the dike was on the property when Brevig purchased it. <br />Geck stated that Brevig signed the purchase agreement without the dike <br />on the property. As they were approaching closing, they started to <br />move in the dirt. The Green's then assigned all their rights to Mr. <br />Brevig that they would have had to have the dike removed. The developer <br />put the dike in with the authority of and/or the city and Rice Creek. <br />Lorch felt that the purchaser of the property would have the same pro— <br />blems. If the rezoning was approved, everybody would have the right <br />to come to the city and ask for a rezoning and the city could not say no. <br />Nr. Geck stated that a restrictive covenant would be attached to the <br />deed limiting the division to only two lots. The land size would be <br />compatible with the rest of the lots in the area. <br />1r. ;faller reaffirmed his position that the level of the dike has got <br />to be controlled. He thought that if the house was constructed on the <br />west slope, there would be additional run—off into the dike. <br />Mr. Hintz, 14077 Homestead _venue, suggested that the Planning Commission <br />make an on—site inspection of the area. He thought that a new owner <br />would fill in the pond to help create a frontyard, which raise the <br />water level. <br />A letter was received from the City Attorney tracing the happenings of <br />the dike dispute d j�� ��ti-� u a -t e-k,k- <br />The public hearing was closed at 8:16 PT%�. <br />