03/17/1976 - Laserfiche WebLink

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CITY COUNCIL MINUTES - March 17, 1976 4�w SPECIAL ORDERS (Cont'd.): 2. Request for exemption from subdivision moratorium: LANDS OF LA PERA, APN#175-21-76: Mr. Crowe presented Council with the background of subject property, noting that the Planning Commission recommended approval of the request with the condition that the applicant comply with the future subdivision Ordinances and sign a waiver of the fifty (50) day action period mandated under the State Subdivision Map Act. Councilman Grabowski moved, seconded by Councilwoman Hillestad to grant the request for exemption from the subdivision moratorium, LANDS OF LA PERA, subject to the conditions recommended by the Planning Commission at their meeting of March 10, 1976. Motion carried by the following roll call vote: AYE: Councilmen Brown, Grabowski, Councilwoman Hillestad, Mayor Cheney NO: Councilman Proft ABSENT: 140HE ABSTAIN: NONE 3. Request for change in designation of historical point of interest (Juan Prado Mesa Adobe) - Mr. Ray Rossi: At the request of Mayor Cheney, City Attorney Frank Gillio outlined the procedures within the State for designating historical points of interest and historical sites, and the requirements and significance of the respective designations. Mr. Gillio also noted that, regardless of whether the County withdrew their recommendation of this property being designated a historical point of interest, it would have nothing to do with the building site approval for the property or the actions of the City Council in this regard. He thought the Town's position was that it had made the recommendation that the property in question be designated a historical point of interest; the County had made the recommendation; and the State had acted on that. He thought the burden of proof was on the applicant, Mr. Rossi, to show that the Mesa site was not at that location. Mayor Cheney noted that Council should examine the evidence presented fairly so the applicant would not be burdened with unnecessary expenses and costs, but that the burden of proof was upon Mr. Rossi. Mr. Ray Rossi, presented view graphs to Council which showed property lines of the land grants and discussed the original markers and how they appeared. His contention was that, from the evidence he could gather, the Mesa had not been located on the knoll of his property, but on another knoll closer to the creek. After Mr. Rossi's presentation, Councilman Grabowski agreed that there was a voluminous amount of documentation presented, yet he did not feel qualified to respond to Mr. Rossi's contention since he was neither a land surveyer or an engineer. He said he would like to see something presented from some 4W impartial person as suggested by the County's Planning Department before making a decision. -5-