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MINUTES PLANNING COMMISSION 3/9/83 Page 7 Mr. Black, however, has assured the City that he will maintain ownership of the 3.8 acre parcel for at least three years and be willing to take part in an overall plan for the area as preferred by the City Council. Further, this subdivision will not impact an overall .plan one way or the other. Mr. Black's wife is pregnant and is having trouble maintaining their large residence and this is the reason why he wants to sell it. The public hearing was opened. Martin Inderbitzen, 62 W. Neal Street, represented the Blacks. He stated he did not want to reiterate comments made by Mr. Harris which extracted Mr. Inderbirzen's comments from his letter which was attached to the staff report. He indicated that if this property is to be included in an overall plan, it would be divided just about the way they are requesting now. He indicated that 1.2 acres is a large "estate lot." The existing dwelling unit has a septic tank and they do not want to change this at this time but that if sewer becomes available, the Blacks would be required to tie in to it. He addressed the precedent setting nature of this application -- the 'me too' syndrome. He said perhaps this isn't the case because any PUD will have to consider the existing dwelling units out there. He said his client fully intends to comply with the spirit of the intention of City Council for the area. Their proposal is only requesting a line be put on a map and will have no impact other than the possibility of setting precedence on the balance of the properties. Commissioner Wilson asked if the original group of property owners is attempting to have an overall plan for the area. Mr. Inderbitzen indicated that the Wagerman group has been talking to Bissell and Karn and that Mr. Combs would probably be willing to go as far as the tentative map stage. Commissioner Wilson asked what would happen if the property is divided but doesn't sell and would like to see a condition of approval addressing this item to preserve the intent of Council. Further it would be a good idea to have a condition where the 1.2 acre site would agree to have .sewers on it if they become available. Mr. Harris spoke to the sewer issue stating that if the property comes to within 250' of the lines, the City generally tries to have the property tie in. Commissioner Wilson then asked Mr. Harris if he has seen any proposals for the area. Mr. Harris said he has not. The public hearing was opened. Al Weimken, Trenery Drive, stated he is not for nor against the proposal but is interested in the zoning and compliance of this application. He indicated that for the past one and one half years the City and residents have worked on this area to come up with an overall plan to protect the integrity of the area and as he understands it, the City Council has given assurance that a 35 acre overall planned unit development would cover the area. He said that in approving this application, a precedent is being set. Further, if the other six property owners request this same type of lot split PUD, it would have to be granted legally. -7-