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Minutes of Regular Council Meeting Monday, April 9, 1984 Page Four Miller noted that the 17' setback allows sufficient space on the driveway to park a car, without encroaching on the street r.o.w.; noted the lot is a hardship; house has been designed to fit the buildable portion of the lot; reported that the Board of Appeals and Planning Commission recommend approval. Mr. Jessup reported that he and his wife have discussed the pro- posed house with three neighbors (Osterbauer, 1211 Tiller Lane; Arend, 1227 Tiller Lane and Matteson, 1249 Tiller); submitted a memo, signed by these residents, that they are aware of the plans and the front setback variance of 23' for the house and north sideyard variance of 3' for a deck, and do not object to the plans. Rauenhorst moved, seconded by Hicks, that Council approve the 23' front setback variance, and the 3' north sideyard setback variance for a deck. Motion carried unanimously. (5-0) In further discussion, it was noted that the irregular easement line could probably be modified to accommodate the house as drawn. Miller explained that the easement was created to protect the pond; applicant has indicated that he will change the house and accept the easement as it is, rather than pursue the legal work to change it. Miller noted that the easement modification, or house modifi- cation, does not affect the variance. . Dick Erickson, designer and probable builder of the house, suggested that the City include in its motion that the City is amenable to some flexibility of the easement line, as approved by RCWD, in the event Jessup decides to pursue a modification of the easement line. Hicks moved, seconded by Mulcahy, that Council will grant an easement line change, as approved by RCWD, should the applicant elect to apply for an easement line ~hange. Motion carried unanimously. (5-0) Case No. 83-13, McClung Third Addition Preliminary Plat Miller explained that the hearing was held on June I, 1983, and recommended for approval by the Planning Commission, with contingencies, one of which was approval of the Preliminary Plat of Royal Hills North. Miller explained that Council tabled its motion to approve the Preliminary Plat (12-12-83) pending resolution of the plat to the north (Royal Hills North); noted that Council approved the Royal Hills North Preliminary Plat on 3-26-84. Rauenhorst moved, seconded by Hicks, to place the motion on the table. Motion carried (Rauenhorst, Hicks, Mulcahy, Woodburn voting in favor; Christiansen voting in opposition. (4-1) . Hicks moved, seconded by Rauenhorst, that Council approve the Preliminary Plat of McClung Third Addition, subject to: ~ 1. Approval of location and width of drainage easements and grading by the City Engineer. 2. Provision of an inside r.o.w. radius of at least 25 feet at the turn in Arden Vista Drive. 3. Re-naming of Arden Vista Drive to Arden Vista Circle or Court. 4. Resolution of Park Dedication. Motion carried (Hicks, Rauenhorst, Mulcahy, Woodburn voting in favor; Christiansen voting in opposition. (4-1)