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Planning Commission Minutes February 26, 1991 Page 5 . the subdivision would end with twisted lot lines. The current layout was also for drainage purposes. Commissioner Spotts asked if the Commission could require and consider the townhouse Association's documents as part of the final plat and if the Commission could request to see the restrictive covenants as part of the final plat. Tim Keane, City Attorney indicated that they could. Steve Rohlf, Building and Zoning Administrator, strongly recommended against either imposing or enforcing covenants as the zoning ordinance is City's tool for setting standards. Tom Johnson stated he did not feel very protected by the zoning ordinance setting the standards. Charles Brady felt that there had not been a hardship proven. Chairman Schroeder addressed Mr. Brady's concern stating that because of the shape and configuration of the land, the petitioner does have a hardship as the configuration of the land could force them to loose some of the value of the property, creating a hardship. He stated that even though a hardship cannot be based on economics alone, the property owner still has the right to attempt to get the most value out of his property. . Chairman Schroeder closed the public hearing. COMMISSIONER EBERLEY MOVED TO RECOMMEND TO THE CITY COUNCIL APPROVAL OF THE VARIANCE REQUEST BY JAMES PETERSON ON THE SIZE OF LOTS IN THE PROPOSED DEVELOPMENT OF JAMES MANOR BASED ON THE FINDINGS OF FACT AS OUTLINED IN STAFF'S MEMO DATED 2/14/91 TOGETHER WITH THE COMMENTS FROM THE DEPARTMENT OF NATURAL RESOURCES, WHICH IS IDENTIFIED IN STAFF'S MEMO. ALSO THAT APPROVAL OF THIS VARIANCE SHALL ONLY BE VALID IN CONJUNCTION WITH THE APPROVAL OF PROPOSED SUBDIVISION OF JAMES MANOR AND APPROVAL OF THE ZONE CHANGE. COMMISSIONER VANVALKENBURG SECONDED THE MOTION. THE MOTION CARRIED 5-0. 8. preliminary Plat (James Manor) by James Peterson Sr.fP.H. . Janelle Szklarski, Zoning Assistant, stated that the applicants are requesting preliminary plat review of the plat of James Manor which would accommodate 1 single family home and 6 duplex lots. All of the duplex lots meet the City's requirements for lot sizes in the R-2a zoning district. She stated that approval of the plat is contingent upon the rezoning and variance on lot sizes being approved. Ms. Szklarski stated staff was recommending approval with a number of stipulations if the plat is approved. She summarized the fourteen stipulations as outlined in her memo. Ms. Szklarski explained that there are some problems with the right-of-way of Upland Avenue. There is an easement vacation that the City Council will be discussing at their March 18 meeting, which should clean up that legal description by vacating the portion of the easement that lies within the proposed plat. Chairman Schroeder opened the public hearing.