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-3 - <br />Baron cont'd. <br />low The City Clerk read the reco?M�-,endation of the Planning Conrission, <br />dated October 1811 1958, approving the subdivision by a four to one <br />vote. He stated that all agency approvals had been received ex- <br />cept that of the City engineer who disapproved the subdivision be- <br />cause of two (2) substandard lots. The City Clerk further pointed <br />out that, in the ast, approval has been granted for subdivisions <br />less than four (43 lots having one or more substandard lots, an <br />exception provided for in the Subdivision Ordinance. He cited <br />two exar-ples. <br />The Mayor mentioned that approval of the adjacent subdivision <br />(Teilhet) had been denied, causing the owner to lose one lot (w.ak- <br />ing four instead five lots) due to dedication of the right-of-way <br />creating substandard lots. The Teilhet subdivision was approved <br />as four -lot division, having five (5) plus acres gross. <br />Following a discussion relative to future road for the area, the <br />Mayor suggested that the rap be referred back to the Planning <br />Cormission for further study along the lines of future roads plans <br />for access to adjacent properties. <br />ACTION: <br />That the Mitchell Baron tentative rap (122-58) 3 lots be re- <br />ferred back to the Planning Commission for re -consideration, <br />with particular emphasis on aster plan and access to other <br />neighborhood lots. <br />MOTION: Treat; SECOND: Sherlock; VOTE: Passed unanimously <br />2. Willis, Richard (124-58) 3 lots. Engr. Brian. <br />The City Clerk read the Planning Corrission's recornendation of <br />October 18b, 1958, approving the subdivion by a four to one vote. <br />He reported that the Fire District, in letter dated October 14, <br />1958, had approved the tentative map. In letter dated October 22, <br />1958, the Santa Clara County Health Department stated conditions <br />of approval for this subdivision. This letter was read by the <br />City Clerk. The letter from the City engineer, dated October 28, <br />1958, was read etating conditions of approval relative to location <br />of driveway and fencing along both sides of channel easements. <br />The Mayor commented on the letter from Nestor Barrett, Planning <br />Consultant, and read the following sections:"It is almost univer- <br />sal in adr!inistering zoning natters to follow the rule that where <br />land is being utilized for a public easement for a purpose which <br />makes it completely unuseable by the person who will occupy the <br />building site, that such land cannot be included in calculating <br />the area of a lot." Another portion of the letter states," if <br />the Town is to follow what is general practice in administering <br />zoning it will not permit this channel easement to be included in <br />the calculated area." The Mayor further stated that variances <br />would have to be granted for the substandard lots. <br />Mr. Willis stated that his -:ain reason for requesting this sub- <br />division is in order to have the corner at ':Jest Fremont and St. <br />Francis landoaped and maintained. He further stated that he has <br />