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3 �X'7 <br /> AGENDA (continued) � ACTION TAKEN (continued) <br /> PUBLIC HEARINGS (continued) PUBLIC HEARIN65 (continued) <br /> A (continued) 4 (continued) <br /> reverse tbe decision of the Planning Comnission <br /> with regard to the Variance apptication <br /> Mr Kaye stated his appeal is based on a sub- <br /> section of the Fifth Amendment of the United <br /> , States Constitution relating to property rights, <br /> suggesting the subsection does not permit the <br /> City to limit condominium conversion to a <br /> m9nimum number of units <br /> In response to question, Planning Director <br /> Schroeter advised that the lot is presently sub- . <br /> standard for a duplex, but that Mr Kaye ob- <br /> tained his building permit in the 30-day period <br /> between adoption and effective date of the <br /> ordinance increasing the required lot size for <br /> duplex development He noted that at the time <br /> the application for condominium conversion was <br /> received, the increased lot size was in effect <br /> In further response to question, Mr Schroeter � <br /> ' advised that evidence is that a two-unit con- <br /> dominium has limited chance for success with <br /> potential for an undesirable situation with re- <br /> gard to property maintenance because of the <br /> very limited number of respon5ible owners <br /> Mr Kaye described his duplex development and <br /> challenged Mr Schroeter's statement regarding <br /> minTmum numbers of units necessary for a <br /> healtt�y condominium develoqnent <br /> Vice Mayor Rhodes invited anyone else present <br /> who wished to speak to do so No one wished to <br /> speak <br /> M/S Biagi/Leipzig to close the public hearing <br /> Carried unanimously by voice vote Closed at <br /> ' 835pm <br /> M/S Btagi/Leipzig to uphold the decision of <br /> the PlannSng Comnission and deny the appeal of <br /> Irving H Kaye with regard to his appiScatian <br /> to subdivide a duplex into two condominiums at <br /> 1019 15th Avenue _ <br /> Carried unanimously by roll call vote. <br /> (MINUTE ORDER NO 78-210) <br /> For the record, City Manager Fales advised Mr <br /> Kaye that if he has a grievance with respect to 7 <br /> u the behavior of a particular City enployee that <br /> he should take advantage of the existing griev- <br /> ance procedure to file his accusation in writing <br /> accompanied by a statement of his substanttating <br /> evidence, and a hearing will be conducted on the <br /> matter Further, Mr Fales advised Mr Kaye <br /> that he may contact the offSces of the Lity „ <br /> Spec Mtg <br /> 9/11/18 <br /> page 3 <br /> ' \ <br /> � <br /> � <br /> 4 • <br />