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10. MATTERS CONTINUED FOR DECISION Item 10a Ordinance No. 1440, PUD-89-9, the Application of John and Patricia Hunt for Development Plan Approval to Subdivide an Approximately 1.2 Acre Site Located at 2373 Martin Avenue into Two Lots and tn Construct on the Site an Additional Single-Family Unit Mr. Brandes commented that approving this project would be setting a dangerous precedent in the Mohr-Martin area. Mr. Butler stated that he would be surprised if Council approves this ordinance when earlier it added new restrictions on a PUD. Mr. Mercer mentioned that the difference in this case is that it involved City staff who made some promises and commitments, based on which the owner made some financial decisions. He stated that this is a matter of fairness and that he does not see it as precedent setting. It was moved by Mr. Brandes, and seconded by Mr. Butler, to deny Ordinance No. 1440, PUD-89-9, the application of John and Patricia Hunt for development plan approval to subdivide an approximately 1.2 acre site located at 2373 Martin Avenue into two lots and to construct on the site an additional single-family unit. The roll call vote was as follows: AYES: Councilmembers Brandes and Butler NOES: Councilmembers Mohr, Tarvet and Mayor Mercer ABSENT: None ABSTAIN: None The motion failed. It was then moved by Mr. Tarvet, and seconded by Ms. Mohr, to approve Ordinance No. 1440, PUD-89-9, the application of John and Patricia Hunt for development plan approval to subdivide an approximately 1.2 acre site located at 2373 Martin Avenue into two lots and to construct on the site an additional single-family unit. The roll call vote was as follows: AYES: Councilmembers Mohr, Tarver and Mayor Mercer NOES: Councilmembers Brandes and Butler ABSENT: None ABSTAIN: None -21- 12--12-89