PL 04/08/1970 - 30172� e �
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PLANNING COMMISSION MEETING � APRIL 8, 1970 PAGE 1
The meeting was called to order at 7:55 P.M. by Chairman Erickson.
ROLL CALL:
Membera Present: Miniah, Harris, Fitzpatrick, Erickson, Schmedeke
Members Absent: None
Others Present: Engineering Assietant Darrel Clark
APPROVE PLANNING CON�II�SSION MINUTES: M� 18, 1970
MOTIDN by Fitzpatrick, seconded by Xarris, that the Planning Commi.ssion
M�nutes of March 18, 1970 be approved. Upon a voice vote, a11 vot3ng aye, the
motion carried unanimousZy. .
RECEIVE PARRS � RECREATION COA'IlKISSION MINUTES; MARCIi 16 1970
MOTTON by Fitzpatrick, seconded by Schmedeke, that the Planning Commis-
sion receive the minutes of the Parks � Recreation Meeting of March 16, 1970.
Upon a vo3ce vote, a1Z voting aye, the motion carried unanimously.
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RECEIVE BOARD OF APPEALS MINUTES: MARCH 25 1970
MOTION bg Minish, seconded by Harris, that the Planning Commission
receive the minutes of the Board of Appeals meeting of March 25, Z970. Upon
a voice vote, a11 voting aye, the motion carried unani�usZy,
1. LOT SPLIT REQUEST: L.S. ,1�70-03, CLARENCE FOSSE: Lot 20, Auditor's Sub-
division �'129. To split for residential site. Represented by Maynard Sieve
of Appolo Realty.
Mr. Clarence Fo�se and Mr. Maynard Sieve were present.
The Engineering Assiatant was asked to review the comments of the
Plats & Subdivisions-Streets & Utilities S�bcommittee which met earlier in the
evening. Se said that aome of the things considered were the fact that the
lot ie 140'x150', and if aplit down. the middle, would make two lots 70 feet
wide instead of i5' as required in the CoBe. The existing house would be
about 7�' from the new lot line and there were no doors,.porch or patio on
that side. The landlocked property to the North of Mr. Fosse's property is
owned by the LeBeau Legion Poet ��303 in addition to their owning Lot 19, and
does not present a problem bec�use the three parcels are under one ownership.
The Subcommittee mentioned in their motion that they would prefer the lot
being sp11t into two equal parta.
Mr. Foss coao�ented that he had no plans to build another home now and
� hoped to sell both lots.
Plannin� Commiasion Meetin� - April 8, 1970 p8�e 2
The Comnni.saion discussed whether or-not the variance should go to
� Couacil and then back to the Board of Appeals or visa versa. Darrel Clark
said the Citq Attorney felt the proper method would be for the Subco�ittee
and the Planning Commission to make a recoa�endation to the Council, calling
their attention to the fact that the lot sizes did not meet the City Code by
5 feet. According to the Code, Council could act on the variance and lot
split at one time, or they may send it to the Board of Appeals.
• Another question was whether or not the variance should be considered
before going to the Planning Co�ission. The Engineering Assistant explained
that the lot split was.the larger deciaion and the variance the smaller of
the two. The motion could include the stipulation that the lot split be
granted contingent upon a variance being granted.
The petitioner was asked to have a certificate of survey prepared
ahowing the dimensiona of the house and its location. There were no problems
connected with the utilities.
Mr. Fitzpatrick said that the petitioner is asking for a lot split,
but aince a variance would be created, the Board of Appeals shoul,d be asked
then to hold hearings for a variance. Mr. Sieve stated again that they would
go along with whatever the Planning Commission and Council aequested as the
proper way to split.
. 1�IOTION by Fitzpatrick, seconded by Schmedeke, that the recoaur�ndation
of the Planning Co�r¢nission is to approve Lot Split Request, L.S. #70-03, con-
tingent upon a surveg showing the existing building to be at least 7'1/2 feet
�^°� from the West lot line. We further recommend that the variance be granted
directZy by the �'ouncil if, in the opinion of the City Attorney, there is no
question of proper notice and pub.Zic hearinq. Upon a voice vote, all voting
aye, the motion carried unanimously.
2. LOT SPLIT REQUEST: L.S. ��70-04, GIL-MOR, INC. (SHELDON MORTENSON :
Lot 5, Auditor's Subdivision ,��153 (split off parcel at Southwest comer -
185x225).
Sheldon Mortenson was present.
The Engineering Assistant explained that the requirement of a commer-
cial lot is to have 200 feet of front footage along the road. Mr. Mortenson
has 185 feet. Normally, the front of the lot is the direction the house or
building would face. The Plats & Subdivisions-Streets & Utilities Subcommittee
recommended approval of the lot split.
Mr. Mortenson said the buyers have given him two plana, oae showing
the house facing 52nd Avenue and the other facing flighway �65 with one of the
plans showing an entrance on both sides. It was noted�that water run on 52nd
Avenue. Mr. Mortensaid the 50 foot drive easement was so that no one could
build within 50 feet of their property. In the agreement with Twin City Federal,
reciprocal parking was included. The Commission decided the legal description
was fairlq easy to follow and would meet the ordinance. They felt the plans
for this lot split would be an asset to the co�unity.
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Plaanin� Coa�iseion Meetine - Anril 8, 1.970 Pa�e 3
MOTION by Fitzpatrick, seconded by Minish, that the Plana3ng Commission
� secommend approval of Lot 5plit Request, L.S. #70-04, Gil-Mor, Inc., Sheldon
Mortenson for Lot 5, Auditor's Subdivision M153 according to the certificate
of surveg presented at the Planning Co�►.ission meeting of April 8, 1970 drawn
by N. C. Xoivar, dated March 7, 1967. Upon a voice vote, all vot3ng aye, the
mot3on carried vnanimously.
ADJOURNMENT :
There being no further busiaesa, Chairman Erickson adjourned the
Planning Coao�isaion meeting of April 8, 1970 at 9:05 P.M.
Re ectfully.submitted
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flaze 0'Brian
Recording Secretary
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