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Memo to the Planning Commission/0A97-7 Page 2 <br /> April 22, 1997 <br /> • expand their existing business based on certain conditions. Staff has <br /> tried to outline certain conditions which will: <br /> • Provide some acknowledgment that the property owners <br /> understand sewer and water will ultimately be available. <br /> • There will be some assessments to the property in the future <br /> and that the property owner shall sign a document waiving their <br /> rights to appeal any future assessments. <br /> • All development plans should be consistent with the <br /> Comprehensive Plan and not compromise the extension of <br /> utilities or future road corridors. <br /> As previously discussed by the City Attorney there is still a great deal of <br /> concern with the authority to require a property owner to waive their right to <br /> future assessments. Furthermore, even if the waiver can be executed, the <br /> enforcement of such a document may be challenged when water and sewer <br /> are eventually made available to the property. <br /> • Secondly, if an existing business happens to make an expansion and either <br /> constructs a new or improves an existing on-site septic system, there is the <br /> question whether the test of"benefit" to utilities can be justified. <br /> Staff will be prepared Tuesday night to discuss further some of the issues <br /> associated with this ordinance amendment and try to help the Commission <br /> come to some resolution regarding this issue. <br /> • <br /> \\elkriver\sys\shrdoc\planning\pc\oa97-8.doc <br />