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• <br /> A motion was made by Karl Moon, seconded by Marty Nelson,to amend the motion to <br /> require the title opinion be approved by the City Attorney prior to forwarding the <br /> recommendation for approval of the final plat to the City Council. <br /> Roll Call Vote: All members voted"aye". Motion carried. <br /> APPLICANT: Gerald Foley and Kimberly Shierts <br /> Applicant requests a metes and bounds subdivision. <br /> Applicants were present, along with Dan Volk and Linda Richards. <br /> Mr. Marohn explained his Staff Report. The new lot is required to have 33 feet of access <br /> off public right-of-way, as well as indicating the location of the ISTS. <br /> Mr. Williams asked that applications be complete before P &Z review. Mr. Marohn <br /> explained that Staff tries to be accommodating to applicants and that metes and bounds <br /> subdivisions cannot be filed with the County until stamped by the City. A more thorough <br /> checklist may be needed. <br /> A motion was made by Karl Moon, seconded by Dean Williams, to approve the metes <br /> and bounds subdivision, based on the following Findings of Fact: <br /> 1. The land is zoned Residential. <br /> 2. The property is suitable for residential construction in its natural state without <br /> significant alteration. <br /> 3. Tract A has a functioning individual sewage treatment system, the design of <br /> which includes proof of an alternate system. The availability of sufficient <br /> area for two standard sewage treatment systems has not been shown for Tract <br /> B. <br /> 4. Adequate provisions exist for recreational access to the water. <br /> 5. Tract A is approximately 41,400 square feet. Tract B is 37,900 square feet. <br /> Both lots exceed the minimum requirement of 20,000 square feet. <br /> 6. The layouts of the proposed lots are compatible with the layouts of adjoining <br /> parcels. <br /> 7. A third access lot is proposed in order to provide a minimum of 33-feet of <br /> public right-of-way to each lot. <br /> 8. The driveway along the eastern edge of Tract A will be in the new setback, <br /> which would create an additional non-conformity. <br /> subject to the following conditions: <br /> 1. The driveway along the eastern edge of Tract A shall be realigned outside the <br /> new lot setback. <br /> 2. The area marked "Proposed Public Easement"along the northern portion of <br /> the property shall be deeded to the City. <br />