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Riverview Est/PP-CS 961017TO: FROM: SUBJECT: DATE: lVlF3iORANDUM Jim Witt, City Manager ~ Pert Virtanen, Assistant Director of Planning and Community Servie~~ / Riverview Estates Preliminary Plat Expiration October 17, 1996 Johnny Thompson talked to me today by phone. Based on that conversation, it would not surprise me if you receive a request to approach council for an additional extension of the expiration date of the Riverview Estates Preliminary Pht. To refresh all of our memories, I checked the file and found that Council approved this preliminary plat on October 8, 1991. It expired 9 months later, in July of 1992. You took the matter of the plat expiration before Council on November 14, 1995. With full knowledge that its action would relieve Johnny of any obligation to pay current roadway impact fees, Council approved a variance to the Subdivision Ordinance, granting a 6-month extension. It appears to me that the intention was to extend the validity of the preliminary plat through mid-May, 1996. It is now 5 months beyond the new expiration date, and Johnny has submitted a final plat which shows 6 lots more than that shown on the preliminary plat. If you should decide to take the matter back to Council, I am sure that Pete would advise Council that it is under no obligation to approve additional lots. Also, Council will be under no obligation to approve the omission of the southwest comer of Johnny's property from the plat, even though it was not included in the preliminary plat. That is because, in the 5 years that have transpired, the circumstances surrounding that comer of the property have changed. If you take the matter back to Council and it grants a further extension, it would be helpful to have specific instructions as to what Council will not approve on the final plat, what it will approve on the final plat, and within what time frame. CCl Clay Phillips, Deputy City Manager Ken Griffin, City Engineer Gary Sieb, Director of Planning and Community Services