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Regular City Council Meeting <br />May 12,2003 <br />Page 18 <br /> <br />construction problem with the ditch and the additional width. Upon that, it <br />says upon recommendation of the suspension, any of these rules and <br />regulations by the City Council may, upon finding that there are special <br />circumstances, act on that same recommendation as what Planning and <br />Zoning does. Mr. Napier said, based on this ordinance, his recommendation <br />would be to deny the plat because if they do not the plat it will go through <br />as submitted. It will go back to Planning and Zoning and they will consider <br />the waiver of the requirements of curb and guttering. <br /> <br />Mayor Fendley announced the next item on the agenda was consideration of <br />and action on the Preliminary Plat for Lots 10-A, 10-B, 10-C, and 10-D, City <br />Block 317, located in the 2200 Block of 36th Street N.E. He said this had <br />been tabled at the May 8, 2003, meeting and a motion to bring it from the <br />table was in order if the City Council wished to consider this matter. <br /> <br />A motion was made by Mayor Pro Tem Manning, seconded by Councilman <br />Guest, to bring the above item from the table. The motion carried 7 ayes, 0 <br />nays. <br /> <br />Ms. Betty Beezley, 3640 Brownwood Street, came forward asking <br />clarification of this item going back to the Planning and Zoning Commission <br />and asking if it will come back to the City Council. Ms. Beezley said they <br />did discuss this matter at the Planning and Zoning Commission's meeting <br />and they said they did not have the authority. The City Council had the <br />authority to say that they did not have to put in the curb and gutter. City <br />Attorney Schenk advised that was incorrect. He said that state law requires <br />this City Council to either approve the Plat, or if no action is taken, then the <br />Plat is considered approved even without the engineer's recommendation. <br />It would be approved as filed. City Attorney Schenk advised that no action <br />was formally taken with regard to variance by the Planning and Zoning <br />Commission, but it would need to go back to the Planning and Zoning <br /> <br /> <br />