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Minutes at Reqular Counc6l Maettng November 13, 9978 Page five program taci9ity is preferable to seasonal; st#e development must ftt �he res(dentfal area in ahich it is located and not a commercial venture or a high traffic generater. !t was suggested that the devaloper �ork wt�h Ppanner Miller re Preliminary Site P6an preparation. FZ:IIF Permit for Tenni MIIiOP reterred Council to his repart of 6-2-78, Survey of Lots i6 and I7, Karth lake Esta1'es. indicating the proposed spiit and consolidatfon to provfde for a tennis court on lot I�� and to p9at maps showing tha subject lots fn relation to surrounding lots. � Plilier raported that Council action o� the lot split and consoll- dation was deferred pending fhe Pub&Ic Hearing re the tennis court ienc�; noted that the iot split and consolidation, as proposed, wieo not bring either lot info a variance situatlon; reported that the PBanntng Commission recommends Council approvai of the lot spl6i� and consoltdatfon and issuanc5 of the Spectal Use Permit for i-ho tennfs court fience, cont(ngent upon movtng the tennis court tence 7' east of the r�est property Bine oi lot 17, and requiring Iandscaping and proper maintenance of the area between the tence anA �ot 9lne. Rft�r discussion, Hanson moved, s�conded by Woodburn, that Councii approve fh� lof spiit and consalTdaYton, as per survey submltted, and issuance ot a Spectai Use PermPt for construction of a tennis court erith a BO' high fence on Vot 17, 7' from the west and south property 9ines; area between fiennis courir fence and property lines to be 8andscaped and properiy main•taLned. �lotian carried unani- mously. flt was noted fihat no Yighting o� tho court is proposed or approved at fhis tima). • Case No. 73-4, Karth Lake Estates -- Lofi Solit an � � ue aeToac�c var� ance re �ot 9 lil OCk I Millac^ rsfarred Counci) i�o his roport (10-30-78) and to the recom- m�ndations of i•he Planning Commdsslon (Mfnutes of IY-t-78); no'Ped , fiha'r placing a restrain� on one lot to recttfiy a mistake on an aeljacorit loi� may e�ofi be feasfble; suggesfed thaf, stnce lots 10, 71, I2 and 13 have no�fi been soid, a covenant be placed on these lots tc� es'rablish the setbacks. W. ��. Aftar discussion, Woodburn moved, seconded by Hanson, that Couricil approve a slde setback va�lanc� of 7' an lot 9 eonfiingent upon �sfiab9lshing approprlate set6acks on lo4s 10, It, 12 and 13, Block t, Kar4h Lake Estat�s by ?lanner Mi1Ber, and contingent upon prepara- tion of recorda6l� covena��fis on thes� fofis by the deveioper. � tCtty kttorney to approvF cover�ants). � � 9t was noYad by Eibensteiner that ors'way to alleviate probiems of 'rhis nature is •ho r�quire� af �time �oundafiEon is poured, that surv�yer draw the Bocation of fh� house on the pla-t; not required currentiy in Arden NiYls. Case No. 78-32a Office Bu39dinq - 3i30 N. Ci�ve!and Avenua i�i V ier reterr�d Counci 1 i-o, plans submii-ted for �Phe construc�Pion of a one-story offtce buitding on the northeast corner of County Road D and ClevaEanii Aver+ue, rsp0acing 1-ho �xis•�ing service st�tion; r�ferrod Counci B i-o his rt�porfi of, IG�27-78 and -to the Ppanninq Commission recommendations (Minutes of II-i-78)e D::vslop9r 4��ke Rsch reviewad the buf6ding elevaaions and site Ria�t Fco!�os�l; noted tfiat an 19 car parkir,g lofi is proposed on the �ievr�lan9 A�e�nuo side or �ihe �ite agd an uuxiltary parking lofi snd s�rvica df-ive, v:tth fenced=�n re4use area, on the southeas? portion of ti��+ sit�n �hich is acresnetl iram adjacont properttes. Rlch ind(catad Eoca�'lons ot catch oasins a� the northwesfi and southeast of ths sifo; n�tod that floor grade v{i!! be estab8ished affier arading plan is approved. REch said he proposes to preserve as much o` th� axis�inq bitumtnous �s possibBe; parkTnq and driveway areas _5_