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Minutes <br />Planning Commission <br />April 8, 1987 <br />subject to the conditions of the staff report modifying Condition <br />No. 5, and 10 to allow staff and the applicant to work out <br />resolution of these conditions; and deleting Condition No. 18 as <br />currently worded and replacing it with a condition to reflect the <br />first-unit purchasers must be owner occupied. <br />ROLL CALL VOTE <br />AYES: Commissioners <br />NOES: Commissioners <br />ABSENT: None <br />ABSTAIN: None <br />Berger, Hoyt and Chairman Lindsey <br />Michelotti and Tarver <br />Resolution No. PC-87-38 was entered and adopted recommending <br />approval of Case PUD-87-4 as motioned. <br />UP-87-5, Ridgewood Construction Co. <br />Application of Ridgewood Construction Company for a conditional <br />use permit to establish a model homes sales complex, to be <br />located at the intersection of E1 Capitan Drive and Whitney <br />Drive. Zoning for the property is PUD (Planned Unit Development) <br />- Medium Density Residential District. <br />Mr. Swift presented the staff report recommending approval of <br />this project, but not allowing the street to be closed as <br />proposed by the applicant. <br />The public hearing was opened. <br />The applicant nor a representative of the applicant was present. <br />George Ward, 4941 S. W. 26th Drive, Portland, Oregon, presented <br />site plan and photographs depicting the trespass of their <br />property located immediately to the east of the subject <br />development. Mr. Ward addressed the sanitary effluent on Lot 29. <br />Their house has been rendered uninhabitable because of trespass. <br />They anticipate they have lost $6500 because of the broken water <br />line and illegal cesspool. As owners of the property adjacent to <br />the east, they strongly recommends this conditional use permit be <br />denied. Mr. Ward said that no one has asked them about use of <br />their driveway. Lot 29 is not lawful because you cannot pave a <br />subsurface sanitation system. The original waterline has been <br />destroyed so the home has no water. The developer refuses to <br />provide water. Further, Mr. Ward said they have never been <br />notified of the widening of the street. Mr. Ward read a letter <br />to Jim Walker dated November 8, 1982 relating to the sanitation <br />of the leach line behind the house. It is not desired to have <br />his property annexed and asked if it is possible to connect to <br />City sewer without annexation. Mr. Ward's property can't be <br />rented because it is not sanitary. Chairman Lindsey asked why <br />Mr. Ward would not like to annex to the City. Mr. Ward responded <br />that it is "tradition." Mr. Ward said if it is beneficial for <br />him to annex, he would give it serious consideration, but would <br />not do so to accommodate construction of the Quail Creek <br />development. <br />- 9 - <br />T <br />