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Pequot Lakes Staff Report 7 (a) - 2 <br />November 19, 2015 <br />David Kennedy has made a written request to have the second condition <br />removed. <br /> <br />This matter was discussed at the September 17, 2015 Planning Commission <br />meeting. The Planning Commission unanimously moved to have Staff contact <br />the City Attorney because the City had been threatened with a liability by Mr. <br />Kennedy. After reviewing documentation provided by Staff as well as other <br />materials related to the Highway 371 reroute and related highway and county <br />road turnbacks, it is the City Attorney’s opinion “that the second condition <br />imposed by the Planning Commission when it approved Mr. Kennedy’s metes <br />and bounds subdivision application is a valid and legal condition and should not <br />be removed by the City.” <br /> <br /> <br />Staff Recommendation: Based on the opinion of the City Attorney Staff <br />recommends Condition Number 2 remain. Without the 33-foot “flag” strip along <br />the westerly line of the Kennedy property, there would be no access to Tract A. <br /> <br />Mr. and Mrs. Kennedy were notified August 5, 2015 that Section 17-11.9 (5-H) <br />states “Failure of the subdivider to act after an approval of a Metes and Bounds <br />Subdivision within one (1) year shall void the approval unless extended by the <br />Planning Commission. A second extension shall require a new review by the <br />Planning Commission.” Their Metes and Bounds Subdivision was approved <br />November 20, 2014. Staff recommends the Planning Commission extend their <br />time to act on the approval and to submit the new survey until December 21, <br />2015. <br /> <br /> <br />