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Regular Council Meeting <br />September 16, 1996 <br />10 <br />Mr. Hovancsek said there is a requirement in our code a requirement that a cul-de-sac street ha.ve a <br />certain maximum length. This far exceeds that code. So a variance would have to be granted by the <br />Board of Appeals to allow that road to be put in because it will be much longer than our code <br />currently permits. That was one of the variances he indicated in his letter of September 6. <br />Council President Fiyder said because a variance would be required for this-what are the <br />ramifications of giving preliminary approval before getting approval for a variance. <br />Mr. Diemert said it is commonly done. Why should we have the Board of Appeals deliberate over <br />granting a variance if Council is going to reject it in the end anyway. The thought was that he thinks <br />Plannuig did give their approval conditioned on a variance and Council's approval would be <br />conditioned on a variance being required. If they don't get the variance, then your approval is null <br />and void. What it does is it tells them they can go through the trouble of designing it and putting <br />some money into additional planning to show the need for variances-this would make sense if they <br />knew you were okay with the concept. There is no harm in it being done-because without the <br />variance, your approval does not mean anything. <br />Dr. Parker asked what happens if we give our approval and the Board of Appeals gives their <br />approval. <br />Mr. Diemert said then the preliminary plan is approved. It does not mean they can build or dig, they <br />still have to go through the final plan procedure and come back in to get final plan approval and meet <br />all the engineer's requirements. <br />Mr. Buckholtz said given some of the options we have been talking about, why would we approve <br />even a preliminary plan. What would be the advantage of approving it if the development was going <br />to happen in a completely different way. <br />Council President Fixler said the point of no return is when final approval is given and they actually <br />start. Up until that point, we have agreed that there is a potential for a different turn on this. By <br />giving prelimuiary approval, he understands that could change and this allows them not to go out and <br />see if they could market that piece of property to potential tenants. Tliis is not the next step to <br />getting ready for construction-there are many other steps to go ahead. They have indicated a very <br />open and willingness to our situation. <br />Mr. Hovancsek said the need for a wetland delineation study is critical because they will have to go to <br />the corps and get a nationwide pernut. If they affect more than an acre, they can't do what they are <br />proposing to do. He would not suggest them spending too much money until they know exactly how <br />much wetlands they will be disturbing. Then, they will have to go into litigation and it would be a <br />major problem. <br />Council President Fixler said with this motion, we would be giving preliminary approval contingent <br />upon the variances being granted.