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i <br /> � <br /> s <br /> the noundary line adjustment, (3) .the City allows an unimproved <br /> easement where it never has before (to the best of our knowledge) , <br /> the City stili has many opportunities at which it can require <br /> sidewalks: <br /> It would have to approve the boundary line adjustment. <br /> It would have to approve an easement or panhandle access , <br /> It would have to apgrove another short subdivision. <br /> It would have a covenant to en£orce against the Yergers or <br /> their successors . <br /> Each of these give the City another opportunity to require <br /> sidewalks (and at the appropriate time - when the short subdivision <br /> exceeds the tour-lot maxitr,um or when the short subdivis.ion with an <br /> easement cunsists of three or more lots) . <br /> The proper way to gain sidewalks on Fourth Place would be an <br /> � <br /> L• I•D. for all the neighbors, not some � <br /> piece-meal development of <br /> sidewalks. <br /> IV. CON'CI,pSION <br /> Since the proposed subdivision does not exceed the potential <br /> faur lot minimum (without making an arbitrary and capricious <br /> assumption about what mi t happen) , the requirement to put in <br /> sidewalks should be eliminated frnm the preliminary approval <br /> because requiring it exceeds the City' s authority under Ord9,nance <br /> 18 .24 . 100 . <br /> � 1=�4 <br /> q ..._, . ..:, ..:,.....�.a�, --, d�' � ��A� �� 'C L '+ .. .�� . <br /> ' ° :.. '�+ � .. , � <br /> y� � ' ` ,... ¢� �L � +'-n . � '.;. ,q ,� :�(u� �I <br /> '— _ .. �ixP�.�5c4t. ,."S.�v.._ "*"5�.. . ,� e..vA'..aeeac�rt`a�`v _� ��R..'�,..'�'�'�i`.�+..�, '�._htizh'\ <br />