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questioned where the fifly feet is taken from on lot 160. Mr. Deichinann advised the fifly feet would set the house back fifty feet into the 158 feet deep lot. Mr. Tallon noted three of the lots would be legally non-conforming. Attomey Kolick, representative for Mrs. McCrone, stumned up her concerns which included: the alignment of the road; the drainage system for these proposed lots; and the lot width. He stated there is no reason the developer cannot reduce the proposal so that there are three lots which comply to the code requirements. On behalf of Mrs. McCrone, 1VIr. Kolick requested that planning cominission recommend that the board of zoning appeals deny this proposal. Mr. Sauter, owner of two of the proposed lots explained two years ago Joe Simmon's owned two lots, each of which was 45 feet wide. He wondered why the city made an exception for IV1r. Simmon's yet this proposal, which is more couforming is rejected. Mr. Sauter was aggravated with the system, as the code was enacted in 1962 and he argued was not strictly enforced: he pointed out areas on Whitehaven and over by the treatment plant where exceptions were made_ Councilman Nashar advised at the last meeting he was under the impression the lots were "Class B", but has recently been told the lots are "Class C.". Mr. Nashar did not take a stand on this proposal, but asked for the board's decision. The commission discussed the proposal among themselves. Mr. Tallon did not recall approving Mr. Simmon's proposaL Mr. Deiclunann did not believe Mr. Simmon's lots came before the plauning commission as they were referred to the board of appeals by Mr. Conway. R. TaUon motioned to refer this proposal to the board of zoning appeals with the recommendation that the presentation be looked at as well as what the code requires. The clerk advised that board of zoning appeals will meet on December 3, 1997 and notices will be seut out tomorrow. Mr. Tallon amended the motion to reflect the fact it is the recommendation of the planuing commission that this proposal be kept within the confines of the code. 'i'he motion was seconded by K O'Rourke. Roll call on motion: Tallon, O'Rourke, Herbster, and Breunan, yes. Cameron Alston, no. Motion carried. V. COMMUNICATIONS: No items. VI. COMIVIITTEE REPORTS: No items. VII. MINOR CHANGES: No items. VIII. NEW BUSINESS: No items. IX. OLD BUSINESS: No items. X. ADJOiTRNMENT: R. TaUon motioned to excuse the absence of R. Koeth and A. Mauuing. The motion was seconded by T. Herbster and unanimously approved. R. TaUon motioned to cancel the 1)ecember 23, 1997 plamuug commission meeting. The motion was seconded by K O'Rourke and unauimously approved. Tlie meeting was adjounied at 10:25 P.M. R. A. Cornish, Assistant Clerk of Commissions 6