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332 <br /> September 9,1992 <br /> Examiner issued a written decision denying the appeal (7)upholding the City's decision requiring street improvements. <br /> On July 22, 1992, Scott Bader, attorney representing Mr. <br /> Verger, filed an appeal of the Examiner's decision to City <br /> Council. Council has three options: 1) Afterreviewing the <br /> record, a <br /> deny the appeal end uphold the E,mine'r's decision; 2) <br /> afterrecord,reviewing the ord, and thematter back to the <br /> ,miner for further n ideration;- and 3) holdpublic <br /> hearing, and, after conducting such a hearing, modify,remand, <br /> or reverse the.Hearing Examiner's decision. <br /> Staffoends reviewing the record and approving a motion to <br /> deny the appeal of the Land Use Hearing Examiner's decision <br /> upholding the City's decision requiring street improvements. <br /> Councilman Diamond asked if ar ant could be attached to the <br /> lots. Mr.Tyler felt it wouldbe difficult to enforce such a <br /> covenant and that i contrary to the way staff reviewed <br /> this ordinance in the past. <br /> Councilman Overstreet questioned the pedestrian traffic <br /> pattern. Or.Tyler referred tom o from Dave Davis, Traffic <br /> Engineer, that stated that Holly Drive end 4th Place ere <br /> important immetate erredestrian routes. There are four schools in the O <br /> Scott Bader, attorney for the Vergers, made several <br /> clarifications. The issue is the •potential" for subdividing <br /> this property into more than four lots. Present sidewalks <br /> along Holly Drive are patchy. There isn't proof that children <br /> going to school use or would use this pathway. <br /> Paul verger, ron Holly Or100. told councilmembers that a <br /> covenant would need to be on Lot 2. <br /> Councilman Pope related that a similar situation had been <br /> resolved by attaching a ant to a property. <br /> Assistant city Attorney Covenant <br /> Iles stated that a covenant should <br /> be attached to all parcels. <br /> councilmembers were nod that since Holly Drive has been <br /> identified as o pedestrian problem a ,is there any liability <br /> for the City. <br /> Councilman Pope pointed out that the Hearing Examiner said <br /> there was no control over a covenant. He Pelt that when <br /> building permits a ed to, <br /> that would be a time to sea that <br /> the covenant Ls adhered toe Jim Iles agreed. <br />