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Borgeson Case No. 2475 Page 2 3. DEVELOPMENT ANALYSIS The property is guided LR Low Densi ty Residential and is zoned R-1. since the property was originally two lots, the lot division is reasonable. The only difference today is the right-of-way easement for Sextant Avenue on the new south lot. We have not received a new certificate of survey accurately delineating the new lots, but we can condition the lot spli t on providing the survey. The wording in the Council resolution prohibits the issuance of a building permit "until the property has been re-platted in accordance with Exhibit "A"". If "property" here means all the property on Sextant Avenue, then the Borgesons and òther owners on Sextant are being held up because of a squàbble between two neighbors on an issue that does not involve them. If "property" means any property, then any lot that conforms to the drawing - as the Borgesons' new lot does - can get a building permit as soon as it is officially split and recorded. Whatever the interpretation, the lot division can proceed even if no building permit is allowed at this time. 4. CONCLUSION & RECOMMENDATION The Planning Commission may wish to ask the City Council for clarification of the intent of Resolution 8701 to address the situation of lot owners such as the Borgesons who are not a party to the disagreement over the cul-de-sac. With this in mind, we recommend approval of the lot division, with two conditions: 1) That the applican~ ~~~yi~City staff with a new certificate of surveyr"ior t.1iEtr t.wo new lots, showing the dedicated right-of-way easement for Sextant Avenue. 2) That no building permit be granted for the new lot until the requirements of Resolution 8701 are clarified, met, or modified to allow construction on this lot.