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4 <br />There were some alternative plans offered to Mr. Brandvold such + <br />as: <br />1. Replat the area and provide a cul de sac <br />arrangement for each lot. <br />2. Purchase Lot 7 and build a road into the lots to <br />the rear of the property. <br />3. A Planned Residential Development. <br />Mr. Brandvold's only answer to these alternatives was that <br />because of additional costs, the proposals are not economically <br />feasible. <br />The Board then discussed the legality of the application and <br />whether it is t.ie jurisdiction of the Bcard to rule on <br />Mr. Brandvold's application. <br />Mr. Shockey rea,1 Section 4 of the Subdivision Ordinance <br />No. 4157, which refers to the State law and reads as follows: <br />SECTION 4 - Control of Plats, Subdivisi.cns, or Dedications. <br />The platting and subdividing of land into lots, or tracts <br />comprising five or more such lets or tracts, or containing a <br />dedication of any part thereof as a public street or highway, <br />is required to ,proceed under and in compliance with the provisions <br />of the State Laws and this ordinance; provided that the sub- <br />divider shall not proceed with any construction work upon <br />the proposed lots of the proposed plat, including grading or <br />excavating_of such lots, until he or it has obtained from <br />the City Council final approval in accordance with the <br />Subdivision Ordinance, except that the improvements on <br />proposed rights -of -way or'easements to be made after filing <br />of the tentative plat, as hereinafter provided, may proceed <br />after receipt of tentative approval. <br />Mr Bennett, Director of Community Development, stated that <br />this replat becomes a decision of the Planning Commission and <br />then if the Planning Commission denies the division of the. <br />four lots, then the applicant can come before the Board of Ad- <br />justment as a specific hardship can then be recognized. <br />Mr. Cronin moved, Mr. Ingram seconded, and it was unanimously <br />carried to acquire in writing the City Attorney's opinion <br />as to the jurisdiction of the Board in ruling on"the lot <br />segregation. If the Board is allowed to rule on the replat, <br />then a special hearing will be held and a decision made. <br />