AF-V - 46834SUFiJkCf '
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AT THE lOP OF TNE TN/INS
�-�,� AP�PLICATION TO BOARD OF. APPEALS
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� � �� _�� � COMMUNITY DEYELOf'MENT DIV.
� � � PROTECTIVE INSPECTION SEC.
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� � /""1 � CI7Y HALL FRIDLEY • 55432 NUMHEH . REV. DATE PAGE pF APVNOVEU BY
�.����: `•� 612-56[�-3a50
910-F23 1 3/21/75 -1 2 800
I��e Ken Sporre � 301 Ironton �3�reet N.E. phone 786-4237
Legal Lo� o. IIlock No. Tract or Addn.
Descrip�ion �
Variance Request(s); including stated hardships (attach plat or survey of property
showing building, variances, etc., where applicable) „�/� 'O �
�
Reduce the front y.ard setback from the 35' re�airement to �, per Fridley City
G�dp,, S.g.�tinn 9f15 Q53, ¢A, tn allnw t•hp consti� �
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. e� ��� ���� �,Y� � - � `�
• Date
Meeting Date Fee Receipt No. Signat�ur -
$15.00 � �l1 %� / `''� � , �,'`
Comments & Recommendations by
the Board of Appeals
City Council Action and Date
SUBJtCf • .
s �. �;ity t��' �.� i•it�l�'y
�.' �� AT THE TOP OF THF. TNlINS APPL I CAT I O�J TO BOARD OF APPEALS
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, � .
; ;,L ______� COMMUNITY OEVELOPMENT DIV. S�aff RCpOi�t� �
r � � PROTECTIVE INSPECTION SEC.
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' /"��1 � CITY HALL FRIDLEV SS4$Z NUMHF.R fiEV. DA1E i'AGE• OF ApPHOVhU BY
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612-560-3a50 910--F23 1 3/21/?5 2 2 800
� Staff Comments . �
Board mennbers notified of ineeting by . List members,
date notified, and "Yes" or "No" for plans to attend hearin . "' Plan
' Name ,Date� To Attend
Pearson making appeal and the following property owners having property within 200
feet notified: � By Whom
� . Name Date Phone or Mail Notified
�"Fern B1egen - 275 Ironton Street N.E.
�'Mabe1• Fahrendorff - 2309 Madison Street N.�.
P✓ _ �
� Mr. Arden Oftedahl - 379 Ironton �treet N.E. '
✓Mr. & Mrs. Keith Bloam - 311 Ironton Street � •
(both have property in their name) �
�`Mt^. & Mrs. Wm Schroeder - 290 Ironton Street
'►vMr. & Mrs. Randall Lobash 314 Ironton Street
��� Mr. & Mrs. Hugo Skrandies - 195 Hu.go Street
Mr. .& Mrs. Kurt Skrandies 311�Hugo Street N.E
� Coon Rapids, Mn 55�33 .
Mr. & Mrs. Ken Sporre 301 Ironton Street N.E �
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OFFICIAL NOTICE
CITY OF FRIDLEY
PUBLIC HEARING
BEFORE THE
CITY COUNCIL
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that there will be a public hearing by
the City Council of the City of Fridley in the Council Chamber at
City Hall at 6431 University Avenue Northeast, on Monday, June 21,
1976 at 7:30 P.M. to consider the fol1owing matter:
A request for a variance of Section 205.053, 4A,
Frid1ey City Code, to reduce the front ya'r.d setback
from the required 35 feet to 5 feet � 10 feet, to
be in line with the exis$ing front yar•d setback of
the existing adjacent houses to �1low"the eonstruction
of.a house �nd garage to be located on the 1�es�erly
7'5;feet of Lot 26, Revised Auditor's Subdivision No.
103, the same being 295 Ironton Street N.E., Fridley,
Minnesota. (Request by �enneth Sporre, 301 Ironton
Street N.E., Fridley, Minnesota 55432.)
Anyone who desires to be heard with reference to the above matter
will be heard at this meeting.
wILLIAM J. NEE
MAYOR
�
ADMINISTRATIVE STAFF REPORT
295 Ironton Street N.E.
A. PUBLIC PURPOSE SERVED BY REQUIREMENT: Section 205.053, 4A, front
yard setback of 35 feet.
Public purpo5e served by this section is to allow for off-street
parking without encroaching on the public right of way. Also the
the aesthetic consideration of the neighborhood to reduce the
"building line of sight" encroachment into the neighbor's front
yard.
B. �.STATED HARDSHIP: The required setback would not fit in with the
houses in the area. '
C. ADMINISTRATIVE STAFF REVIEWe
Staff review of the dispute over public right of way in the area
in the area of Z95 Ironton Street N.Eo shows that:
1. Aathough the City of Fridley filed action against 3 homeowners
in the area in 1960, the case was settled out of court, and
the terms of settlement were never filed with the District
Court of Anoka County.
2. The only mention of exemptions from normal variance procedures
in the area of 295 Ironton was for the property on Lot 27 (295
Ironton is in Block 26), Revised Auditor's Subdivision No. 103v
No mention was made of any other lots. This item was listed
in the set of stipulation;which was passed by the City Council
but which were never brought to Courto
3. Considering the above information, and assuming that no written
agreement exempting the property at 295 Ironton from filing
normal variance requests to build closer than 35 feet to the
fnont property line exists, it is the staff's conclusion that
a variance procedure is requlred in this case.
4, Staff s no ' ion this variance request, provided the new
house b ocated no closer to the street than the houses adjacent�
Note: The Ironton Street right of way folder has been forwarded to
Virgin Herrick, City Attorney, for his review.
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FRIDLEY APPEALS CUA9MISSION MEETING
JUNE 15, 1976
MEPiBERS PRESENT: Virginia �7ahlberg, Alex Barna, Pat Gabel, Dick Kemper,
Jim Plemel
P4F,MBEFtS ABSENT: None
OTHERS PRESENT: kon Holden, Suilding Inspection OfFicer
The meeting was called to order by Chairperson Wahlberg at 7:28 P.M.
APPROVAL OF MAX 25, 1976 APPEALS CUMMISSION MINUTES:
M07`IUN by Barna, seconded by Kemper, to approve the minutes of the �tay 25, 1976
Appeals Commission Meeting.
Mr. Barna stated that on page 8, second paragraph, he would like "Tasty Freeze"
changed to "Fast-Fo�d Service". Mrs. Gabel stated that tznder the discussion on
1�O�rlc+ts on page 9, second paragraph, !t0' lots should be changed ta "dealing with
lots `�rider 75 "'.
Upon a voice vote, all voting aye, the motion carried unanimously.
1. A REQUEST FOR A VARIANCE QF THE FRIDLEY CITY CODE AS FOLLOWS:
SECTION 20K.053, 1tA, TO REDUCE THE FRONT YARD SETBACK p'RO;� THE RE�UIRED 35 FEET
TO 5' - 10'(NO SURVEY AVAILABLE AT THIS TIriE) TO ALLO:� THE CONSTFUCTI�N OF A
NE3d HOU�E AND GARAGE TO BE LOCATED ON THE WEST 75 FEET OF LOT 26, REVISED
AUDITOR'S SUEDIVISION #103, THE SAME BEING 295 IRONTQN STREET� N.E., F?tIDLEY,
MINN. (REQUEST BY MR. KEN SPORRE, 301 IRONTON STREET, N.E., FRIDLEY' ANIINN.)
Chairperson Wahlberg told the Commission that no notice of this request for
variance had been received, but it came to them through the City Council rrteeting
held last night. She explained that Mrs. Sporre had appeared before the Council
and the City Attorney's opinion was that if Mrs. Sporre could get approeal from
adjacent neighbors within 200', she could appear before the Appeals Commission
at this meeting.
MOTION by Gabel, seconded by Barna, to open the public hearing. Upon a voice
vote� all voting aye, the motion carried unanimously.
Mrs. Sporre stated that a11 they were trying to do was put their home in line
with a11 the others.
Mrs. Gabel said that she felt this should have come before the Appeals Commission
first before going to the City Council, and Air. Barna said it was on the Council
agenda as an additional item at their meeting.
�
FHIDLEY APPEAIS COMMISSION MEETING OF JUNE 15, 1976 - PAGE 2
�
�
Mr. Holden stated that the street right-of-way going by the house and lots was
way to the South, and that the houses next door were probably in the neighborhood
of 10' setbacks.
Mrs. Gabel asked how soon they planned to start construction, and Mrs. Sporre
answered that the reason she was here was because they would like to start immed-
iately. She said she didn't thinl� they even needed a variance because they could
build now� but the house would sit way back. She_added that no one else has had
to go through this procedure but them.
Ch�irperson Wahlberg said that the normal procedure was to apply for a building
permit first, then if the staff felt there was any variance needed it would come
before the Board to determine if it should or should not be granted. She said
it would then either be approved immediately, or if there was a discrepancy it
would then go to the Council; so if it had gone in the proper order it may not
ener have had to go to the City Council. She explained that if, at the Appeals
Commission level there was any dissension, it would hane to go back to the Council
any�ray.
Mrs. Gabel asked why it couldn't be determined if the setback should be 5 or ten
feet if all the other houses were in a straight line, and Mrs. Sporre said it was
because there was some conflict on where 'the street �ras. Mrs. Gabel asked if
Mrs. Sporre would agree to a stipulation that her house be in line with all the
other houses if this request was granted, and Mrs. Sporre replied she wou2d.
Chairperson Wahlberg asked if they �aere planning on building this house to live
i.n themselves� and Nirs. Sporre said they were. Mrs. 5porre explained they owned
both parts of lot 26, and hoped to keep the additional section for a yard until
their children were grown and then someday sell it off.
Mr. Plemel asked if there was a double boulevard in front, and Mr. Holden said
there was� roughly 1�0' f,rom the front of the house to the curb. Mr. Plemel asked
if the only nariance was to come up within five to ten feet of the lot line, and
Mrs. Sgorre said yes� so their house would be set back the same as everybody elses.
Chairgerson Wahlberg asked when the other homes in the area were built� and Mrs.
Sporre replied that the home she was i.n now was built in 1952. Mr. Kemper asked
what tl�e time delays were in going through a building permit, and Mr. Holden sa.id
°that if there �rere no complications as i'ax as setback� etc.� it usually took about
three days. Mr. Kemper asked Mrs. Sporre if she had plans� and sne replied she
did.
Chairperson Wahlberg pointed out that not all of the property owners within 200
feet had signed letters of appronal. Mr. Plemel stated that the City Code stated
that all property owners within 200 feet be notified� and there could be legal
ramifications if this wasn't adhered to.
MOTION by Plemel, seeonded by Kemper� to receive eleven petitions of approval
presented by Mrs. Sporre. Upon a voice vote, a11 eoting aye� the motion carried
unaniraously. •
Chairperson Wahlberg asked if Staff had time to look at this re quest toda,y and.
Mr. Holden replied he hadn�t be9an work�on it until 3:00 this afternoon. �e Ga�d
the field problem of resurveying was great� and he could sympathize with the
petitioners just trying to survey the lot.
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�. FRIDL�Y APPEAIS CON�IISSION MEETING OF JUNE 15� 1976 - PAGE 3
�.
Chairperson Wahlberg asked if there was any opinion from anybody else on the
staff regarding construction. Mr. Holden answered there wasn't, and as far as
what the staff knew now the variance procedure would be required. He said he
thought it was a reasonable request to have the house set back the same as the
others.
Mr. Kemper asked what the public purpose served �rould be, and Mr. Barna said it
was to allow for oi'f-street parking and to keep the front alignment with the
other structures. Mr. Kemper asked Mrs. Sporre how long they had been planning
on building this, and she replied about six monti�s. She stated that it wasn�t
until they were approved by the bank that they were interested in starting.
Mr. Holden asked why they hadn't fiZed for a buildi.ng permit, and Mrs. Sporre
said they did intend to file as soon as they had this pre�blem cleared up, but
had wanted to solve this problem first. She said they were trying to get every-
thing taken care of urith lending agencies, neighbors on vacations� etc.
Chairgerson Wahlberg said she was sure Mrs. Sporre could appreciate the Board�s
situation, as it became a problem for them when they had something brought to
them without normal procedure that they were supposed ico follow. She said that
everyone had the same problems as far as financing and neighbors bei.ng gone, and
the Board had to be consisient in that procedure.
MOTlON by Barna� seconded by Kemper� to close the public hearing. Upon a voice
vote, all voting ayei the motion carried unanimously.
Chairperson idahlberg explained that this nariance tvould be reducing the front
yasd setback from 35� to 5- 10� approximately� there being an approximate
boulevard of 30' which would then place the house in line with the other existing
houses at approximately 1�0' from the curb.
Mrs. Gabel said she hadr�o argument with the variance, but it bothered her that
not a11 the people had been notified.
Mr. Kemper stated that this had been reierred to them by the Council for an
opinion, and they could give an opinion, but there were some signa�ures that
hadn't been obtained, a Staff Report that hadn't been obtained� and the building
permit hadn't been applied for. He said he would like to approve the vaxiance
if these loose ends were tied up. He added that he thought from a hardship stand-
point and public purpose standpoint he didn�t see any problems, but the missing
elements ditl bother him.
Chairperson Wahlberg said that in all �airness to the petitioner, it was not
normally necessary to get the signature of everyone Eaithin 200 feet� but she
said she felt those people should at least be notified and then if they wished
to express any approval or disapproval they could do so at the Council meeting.
Mr. Holden said he thought �hat would sdve the situation, as right now the Board
would be acting �,rithout all the information being available.
Chairperson Wahlberg s�id that another point was that Staff did not have adequate
time to do the background research and she felt at least that part should be
completed for the City Council. She added that she felt the Board would be acting
somewhat in the dark without the staff�s opinions.
FRIDLEY APPEALS CUt�IISSION MEETIAIG OF JUNE 15, 1976 - PAGE I� ;
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Mr. Holden said another question he had was in regard to fencing in the front
yard� and Mrs. Sporre said they did not intend to fence it in but did intend to
plant trees. Mrs. lnlaa.hlberg asked if there were any easements through the front
of the lot� and ifirs. Sporre said there were none. Mrs. Gabel asked if Mrs.
Sporre would obtain a building permit before the Council meeting, and she ansvrered
she would. Mr. Kemper asked if there was anyone in disagreement with what the
Sporres wanted to do, and there was no response. .
MOTION by Kemper, seconded by Gabel� to approve the request for variance with
the following stipulations:
1. The building permit be applied foro
2. The fees associated with the appeals procedure be paid.
3. The individuals within 200 feet of the property that have not responded
be notified in writing of the hearing before the City Council on
June 21, 1976.
!�. The building be kept in the line-of-site with the other homes.
5. The Staff research the previous court case and prepare a recommendation
for the Council.
4�6. This request appear on the Council agenda at its next meeting.
I�r. Holden asked if it would be irregular to ask the petitioner to get the signa-
tures, because ii the notice was mailed out there might not be enough response
time. Chairperson Wahlberg sa.id that caas her point--that they receive formal
notice so they would have the opportunity to v�ice their objections. She said
this ��ould be follos,ring the code trhich states they shall be notiiied.
Upon a voice vote, a11 voting aye� the motion carried unani.mouslyo
Mrs. Sporre asked if this interpretation would apply to the other lot also, and
Chairperson Wahlberg said it would not, and that if they intended to build on the
other lot varying from the setback of 35� they would n�ed another request for
variance.
Mr. �emper said that he �rould like to go on record that he thought the City
Council was out of line in pushing this on the Board of Appeals on this short
notice� and hirs. Gabel agreed.
2. A REQUEST FOR A VAR.IAIUCE OF: SECTION 205.053, 5B, FRIDLEY CITY CODE' TO RIDUCE
THE SIDE YARD SETBACK OF A DETACHED GARAGE 4aEiICH OPENS ON A S1DE STREET FR02i
THE REQUIRED 25 FEET TO 19 FEET� TO ALLOW THE CONSTRUCTION OF A DETACHID GARAGE�
TO BE IA�ATID ON IATS 29 M►D 30� BLOCK 5� OAK GFtOVE ADDITION, TttE Sl�ME liEING
65qS Ai�OKA STREET N.E. � FRIDLEY, PiI1vNESOTA. (REt�UEST BY riR. RAY JA1yEY, 6595
ANOKA STREET� N.E.' FRIDLEY� MI1uNESOTA 55432•)
MOT10N by Barna, seconded by Gabel� to open the public hearing. Upon a voice
vote� a11 voting aye� the motion carried unanimously.
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�► PUBLIC HEARING MEETING OF JUNE 14, 1976 PAGE 5
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' MR. KENNETH SPORRE, �81 IRONIOI���RE-E�--N9R�F,iEAS_T__t,
Mr. Sporre asked the City Council to waive the 35 foot setback to the building of a home.
By so doing it will keep his house in line with the other homes, otherwise his house
will be in the creek. He said that the area is unusual in several ways and that pre-
cipitated the problem of the 35 foot setback.
�
He stated there had been a class action in which all variances were waive� for that area,
but that information has not been dug up yet. It takes time to find it.
Mr. Sporre talked about the problems with surveying the area, not only by him, but
by others, and that possibly some homes are on property that belongs to qthers.
The City Attorney suggested that the matter be laid over until next week when P1r. Sporre
would come in with a survey of the property and with some indication of where the house
will be located. This would also give Mr. Sporre and the staff time to exchange infor-
mation.
Mr. Sporre said that he has a surveyor working on the problem. Also that he has the
signatures of the adjoining property owners, and there is no objection to his request.
Mayor Nee suggested that Mr. Sporre take his matter immediately to the Appeals Commission
with the signatures which will have the effect of waivina the notice. If there is
no vote against it, it'will be binding. If there is a vote against it, it will have
to come to the Council next Monday night.
ADJOURNMENT:
MOTION by Councilman Starwalt to adjourn the meeting. Seconded by Councilman Fitzpatrick.
' Upon a voice vote, all voting aye, Mayor Nee deelared the meeting of the Fridley City
• Council of June 14, 1976 adjourned at 9:45 p.m.
+ v�
Respectfully submitted,
John Chegwyn
Council Secretary
I
Approved:
4lilliam J. Nee
Mayor
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REGULAR COUNCIL MEETING OF JUNE 21, 1976
PUBLIC HEARIN6
ZONINC, ORDINANCE APIENOMENT, ZOA
PAGE 2
Mr. DeGardner was present and exolained his views of his plat to the City Council. He
also showed the diagrams of his building to the Council.
Mayor Nee said that the letter from Mr. Russell Burris, 1150 Mississippi Street
Northeast, dated June 21, 1976, should be entered into the record. Mr. Arnold
Elmquist, 8140 Long Lake Road Northeast. was present and reiterated his opinions of
last week at the City Council meeting. Councilman Fitzpatrick said he had a letter
from a woman who said she did not object to the building but she would object to
further changes in the R-1 character of the district.
Mr. Richard Harris, 6200 Riverview Terrace Plortheast (Planning Commission Chairman),
stated that if the City Cauncil does concur with the request, then a request should go
to the Planning Commission to re-study the whole area so that the comprehensive plan of
the City can be amended. It now states that the characteristics of this area should be
residential.
Mayor Nee read a letter to the audience from Mr. Neil W. Stuber, 6452 Dellwood Drive
Northeast, in which Mr. Stuber expresses his opposition to the rezoning request.
MOTION by Councilman Starwalt to close the public hearing. Seconded by Councilwoman
Kukowski. The matter will come up again durina ihe first meeting in July. Upon a
voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
��PUBLIC HEARING ON A VARIANCE
( SETBACK TO BE IN LINE WITH T
CONSTRUCTION OF HOUSE APdD GA
BY KENNETH SPORRE TO REDUCE THE FRONT YARD
MOTION by Councilman Starwalt to open the hearing and waive the reading. Seconded by
Councilwoman Kukowski. Upon a voice vote, all voting aye, P1ayor Nee declared the
motion carried unanimously.
MOTION by Councilman Starwalt to close the hearing. Seconded by Councilman Fitzpatrick.
Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously.
MOTION by Councilman Fitzpatrick to concur with the recommendations of the Appeals
Commission and grant the variance. Seconded by Councilwoman Kukowski. Upon a voice
vote, all voting aye, Mayor Nee declared the motion carried unanimously.
OLD BUSINESS:
CONSIDERATION OF A REQUEST FOR VARIANCE BY A. L. WILLIAMS, 533 GLEPJCOE, FOR LOT AREA
REDUCTION FROM 7500 SQUARE FEET TO 5500 SOUARE FEET TABLED 6/7/76 :
MOTION by Councilman Fitzpatrick that the City Council concur with the Appeals Co�mnission
and grant the variance. Seconded by Councilwoman Kukowski. Upon a voice vote, all
voting aye, Mayor Nee declared the motion carried unanimously.
NEW BUSINESS:
CONSIDERATION OF APPROVAL OF FINAL PLAT SUBDIVISION P.S. ,#76�04, BY MIKE 0'BANNON,
HEATHER HI LS 3RD AD ITION: '
MOTION by Councilman Starwalt to approve the final plat. Seconded by Councilman
Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
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THE MINUTES OF THE REGULAR MEETINC OF THE FRIDLEY CITY COUNCIL OF JUNE 21, 1976
1
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The regular meeting of the Fridley City Council of June 21, 1976 was called to order
by Mayor Nee at 7:37 p.m.
PLEDGE OF ALLEGIANCE:
Mayor Nee welcomed the audience and invited them to join with the Council in saying
the Pledge of Allegiance to the Flag.
ROLL CALL:
MEMBERS PRESENT: Councilwoman Kukowski, Councilman Starwalt, Councilman Hamernik,
Mayor Nee, a7d Councilman Fitzpatrick.
MEMQERS ABSENT: None
APPROVAL OF MINUTES:
REGULAR MEETING, JUNE 7, 1976:
MOTION by Councilwoman Kukowski to approve the minutes as submitted. Seconded by
Councilman Hamernik. Upon a voice vote, all voting aye, ^1ayor Nee declared the motion
carrfiea unanimously.
ADOPTION OF THE AGENDA:
Mayor Nee stated he would like to add, "Receiving Co�nunication from the Fridley Police
Pension Association". �
MOTION by Councilman Hamernik to adopt the agenda as amended. Seconded by Councilwoman
Kukowski. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried
unanimously.
OPEN FORUM, VISITORS:
Mr. Ed Wilmes recounted his efforts with various councils and persons to get letters of
approval that would go to the Metropolitan Council towards the establishina of the
Islands of Peace as a special use regional park. He asked the City Councal for their
approval of the matter. �
MOTICN by Councilwoman Kukowski that the staff prepare a letter to the Metropolitan
Council designating the Islands of Peace as a regional special use park. Seconded by
Councilman Fitzpatrick. Upon a voice vote, all voting aye, hlayor Nee declared the
motion carried unanimously.
PUBLIC HEARINGS:
CONTINUED PUBLIC HEARING OP! FINAL PLAT SUBDIVISIOPJ P.S. #,76-04 BY MIKE 0'BANNON,
HEATHER HILLS THIRD ADDITION; GENERALLY LOCATED SOUTH OF HEATHER HILLS 2ND ADDITIOP�
�...._
Mr. 0'Bannon stated that the terrain was difficult to work with. He could have nine
undesirable lots or he could have eight lots all buildable, all in conjunction with
advice from the City Engineer. Councilman Starwalt questioned the status of the parcel
of land immediately to the west of this plat and as to its access. Assistant City
Engineer, Tom Colberi, responded that this parcel had been dedicated to the City by
Mr. 0'Bannon for park and drainage purposes and access was being provided with a 20'
drainage utility, and bikeway/walkway easement alonn the storm sewer alignment.
MOTION by Councilwoman Kukowski to close the public hearing. Seconded b,y Councilman
Starwalt. Upon a voice vote, all voting aye, Mayor tdee declared the motion carried
unanirtrously.
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