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? PLANNING COMMISSION OCTOBER 13, 1981 PAGE 2 Elliott Subdivision, seconded by J. Roberts, and unanimously approved. (3) Kennedy Acres Subdivision Revised Plan, located south of the intersection of Whitethorn Ave. and Kennedy Ridge Road; twenty three (23) sublots proposed from existing parcels 235-4-1, 235-4-18, and 235-4-21. Note Planning Commission Minutes of June 24, 1980 and July 8, 1980 for reference to this subdivision. Assistant City Engineer D. McKermott explained that the orig- inal preliminary plans had been held in the BZD Committee of Council because Planning Commission had expressed concern regarding the land-locking of land by sublot 24. The Board of Zoning Appeals had granted 10' front set back variances for sublots 16, 17, and 18 but the length of the cul-de-sac which is over 500' and is not Iegal under the Platting Ordi- nance is not subject to a variance and would have to be am- mended by Council. This revised plan has deleted sublot 24 and substituted Block "A" which will not be buildable by the developer until the land-locked situation is resolved.' Assis- tant Law Director J. Dubelko stated that the City might have difficulty denying a building permit to a subsequent owner of Block "A" if the lot conforms to all zoning ordinances. It was also pointed out that the lots as presented on this re- vised plat conform to the Ordinances in_effect at._the time of the original submission, however, the depth of some of the lots are less than 135' which does not conforia to the present Ordinance. Mr. McDermott submitted a letter from the Law Department regarding a similar case wherein the developer was advised that since he had made application prior to a- new Ordinance, he was not required to meet the provisions of that Ordinance. Assistant Law Director Dubelko believed that if a modification of a plan is submitted after an Ordi- nance is passed that the modified plan should conform to the Ordinance. The proposal was explained to the adjacent neighbors. They were mainly concerned about water problems in the area. Assistant City Engineer D. McDermott explained that there were plans for a retention system and assured them that no additional water would be allowed to drain onto their properties. Pir. Saylor, engineer for the project, explained that the area which had been a swamp had been drained by the developer and was now dry and that a storm sewer will be run. down Whitetnorn Ave. at the developers expense.' The Commis- sion discussed if the developemnt could be approved as is, with the srigulation that Block "A" is not buildable, and if the develonnent can be approved when the length of the cul- de-sac does not conform and if the depth of the lots must conform to ?z Ordinance which was passed after the original proposal had been submitted when the plans were revised after the Ordinance was in effect. J. Prokasy noved to place the Kennedy Acres Subdivision in committee and request from the Law Department a written opinion covering the following areas: