Laserfiche WebLink
150 O <br /> March 27,1991 <br /> COUNCIL BILL 9102-6 <br /> FINAL HEAPING, <br /> AN ORDINANCE authorizing the Condemnation of an <br /> exclusive and perpetual real property eaSeMent described <br /> in Exhibit A attached hereto, which easement shall pass <br /> across and through that parcel of teal property <br /> described In Exhibit B attached hereto to allow for the <br /> construction and maintenance of the south End sewer J II <br /> Interceptor Extension -- Middle Segment. (Cemetrie <br /> Property) <br /> This .item was <br /> struck from the agenda a there had been a <br /> settlement. . . <br /> PHIL FOUBERT APPEAL <br /> On March.15, Mr. Fdubert requested that Council certify his <br /> property, Lots 21 and 22 of Block 2, Plat of Smyth Land <br /> Company's 2nd Addition as buildable. On July 24, 1990 the <br /> Hearing Examiner denied the lot certification as the property <br /> doesn't meet the requirement of being 7,000 square feet and a () <br /> minimum width'of 60 feet. Ft the March 15th'Public Meeting _ <br /> after much discussion staff was requested to prepare a range of <br /> options to address this issue. <br /> Gerry Ervine, Planning Department, told Council there appear to <br /> e threeu cedural options available to City Council. 1)Deny <br /> the appeal a adopt a resolution. 2)Find thatthere mayhave <br /> ^ <br /> been a d <br /> in fact, law, or procedure and then remand <br /> the <br /> matterfor the Hearing Examiner, with direction to consider <br /> becific additional issues. 3 a) Find that there may have <br /> en an error in fact, law, or procedure. b) Set the matter <br /> for a Publicaring. c) staff to pursue ordinance <br /> changes that may r <br /> allcertificationioof the F ort 10lotetyta <br /> a buildable lot. d)Table the matter until scarf completes the <br /> ordinance e <br /> r ision'process. If Option 3 is pursued then there <br /> t <br /> ral alternative ways o modifying existing regulations <br /> torI <br /> certify Mr. Foubert's lot as buildable. 1) e ral Plan <br /> revision a 2 a)Modify the merger clauseto include <br /> exceptionan ^ <br /> provision. 2 b) The a procedure would <br /> allowse <br /> the Poard of Adjustment tr hear C where the criteria <br /> far administrative approval identified above are not met. <br /> Option 1 and 2a would satisfy Mr.Foubert. /\ <br /> 1 1 <br /> n <br />