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4W CITY COUNCIL MINUTES - August 6, 1975 <br />ITEMS REMOVED FROM THE CONSENT CALENDAR (Cont'd): <br />Mr. Pastrof explained that there was what is commonly known as a "spite <br />strip" owned by neighbors along the southerly side of the easement <br />referred to by Councilman Helgesson which prevented the applicant from <br />using Robleda Road for access. Regarding the drainage in the area, Mr. <br />Pastrof said that this question would be better addressed at the Site <br />Development level. <br />Councilman McReynolds questioned Mr. Pastrof on the Ordinance of the Town <br />limiting the number of homes allowable on a private road, and said it <br />appeared that this building site request was an overt attempt to subvent <br />the variance requirements of the Town. <br />Discussion followed between Staff and Council concerning the require- <br />ment of the Ordinance which limited the number of homes on a private <br />road for a subdivision, and whether this Ordinance applied since the lot <br />h <br />had already been subdivided; that the applicant was requesting building <br />site approval at this time. <br />Because of these concerns, Councilman McReynolds moved that the entire <br />matter be referred back to the Planning Commission for further study. <br />motion was seconded by Councilman Helgesson and carried by the following <br />L roll call vote: <br />AYE: Councilmen Cheney, Helgesson, McReynolds, Mayor Grabowski <br />NO: Councilwoman Miller <br />ABSENT: NONE <br />ABSTAIN: NONE <br />NOTED FOR THE RECORD: The original vote on the above matter was unanimously <br />thesmatterwback,tooStaff and therefore requested that herunderstood tt hvotetbenrefer <br />changed as <br />set forth. <br />4• Actions of Planning Commission: <br />b) Lands of Newman, FM#3009-75: Incorporate deed restrictions on <br />Deed of Easement (Conservation) within subdivision. <br />Councilman Helgesson questioned Items 6 and 8 of the restrictions <br />recommended by the Planning Commission. <br />Councilwoman Miller noted that the conservation easement had been <br />offered by the applicant, and since this was private, and not Town - <br />owned property, the restrictions appeared to be extremely prohibitive. <br />She also questioned who would enforce such restrictions. <br />Discussion ensued between Council members and the City Attorney con- <br />cerning restrictions allowable under the law relating to conservation <br />easements. <br />-3- <br />