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<br />stockh'older in the Real Estate corporation. fhey - obj ected 'to the assessment'on'-tne' basis ", <br />that it does not benefit the property. Owners have been informed by Planning that they <br />cannot subdivide the property for an indefinite period of time~ Diagram of the area to <br />be served by the installation was displayed showing location of protestant's property . <br />in relation to Edgewood 11th Addition, for which the improvements were p~titioned. It <br />was pointed out that development of Real Estate's property will depend upon development' <br />of property in an adj acent ownership to the south. There is no access, at this time, <br />and Planning has advised Mr. Hill's clients that access is not planned except through <br />development of the other property. OWners of that property are not interested in develop- <br />ment at this time. Mr. Hill said there would be no objection to the assessment if the <br />property could be developed and the improvements used at this time. He felt a legal <br />question was involved inasmuch as the City has authority to assess for improvements only <br />if the improvements benefit the property. Mr. Hill asked deferment of the assessment <br />until the property can be subdivided. <br /> <br />Staff explained manner of assessment, how calculated, possibility of development of a <br />portion of the property, and that assessments are deferred only in those instances of <br />trunk lines traversing large acreages with no benefit to the property and usual~y ease- <br />ment is granted in return for the deferment. Also discussed was necessity for bonding <br />application after the assessment is levied to enable sale of Bancroft bonds. If the <br />assessment is deferred the City would have to accept that share until the property is <br />developed.. <br /> <br />It was noted that Mr. Hill had presented a protest to this project at the time of bid <br />award. He said they have recently approached the Planning Department with regard to <br />plans for that area and Planning has advised that they are attempting to arrange street <br />patterns which will stop through traffic in that area, hence no access to this par- <br />ticular property except through tbat to the south. He said Real Estate does not wish <br />to improve the property piecemeal, this at the suggestion that two lots to which there <br />is access could be built upon. Mr. Hill didn't feel deferment of the assessment in <br />this instance would set precedent because the situation seemed to be a first-time situa- <br />tion and not likely to recur. He reiterated that the property cannot be developed at <br />this time to the Planning Department's desires. . <br /> <br />. <br /> <br />Councilman Hershner asked if Real Estate would object to signing a bonding application <br />if the assessment is deferred, this in order to proceed with sale of bonds. Mr. Hill <br />said there would be no objection if the assessment was deferred until the property <br />could be developed. <br /> <br /> <br />-, Recommendation: Refer for discussion by full Council. <br /> <br />4. 'C-: B. 162 - -LeVying' as'sessments for paving -and '-itorrn-sewe-r -an -Monroe - Street'-fro"m-2'8th='~ <br />Avenue to 550 feet south; sanitary sewer east and west of Monroe Street from <br />south line of Arcadia Park to 150 feet south (72-24) <br />Let~er o~ protest wc;s read from Hrs. Jessie S. Heady, 8190 Orchard Street, Alta Loma, <br />Cahfor?la. She ob]~cted to the amount of assessment, saying it was not in line with <br />the estlmated cost glven ber at time of right-of-way dedication, and to liens assessed <br />for th: fr~ntage of the vacated street. She had objected to the street vacation but <br />her Ob]ectlon at that time was not received until after Council hearing. <br /> <br />A protest was also voiced by Daniel D. Mills, 810 West 28th Avenue who asked that <br />assessment again~t his property be decreased on the basis that the'cost was higher than <br />normal for the wldth street constructed his property is the only one assessed which <br />cannot be further developed and thus be~efit from the t t A . <br />is from 28th Avenue _ the '10nroe Street sl'de s ree. ccess to hlS property <br />I will not be used. It was noted that <br />Mr. Mills had objected at time of bid award. <br /> <br />- <br /> <br />-~ <br /> <br />M:~ Mil~s was present and pr~sented his objections. Maps of the area were shown and <br />dlScusslon centered on beneflt to con1er lots assessed on both sides. It was explained <br />that alt~ou~h the present zoning ordin3nce requires 10,000 square feet for duplex lots, <br />those eXl~tlng before adoption of the ordinance are allowed duplexes without meeting <br />that ~equlrement. ~r. Mills said he w?uld have no objection to the assessment if he <br />felt _he value of hlS property was incr.eased proportionately. On questioning from <br />Mr. H:rshner he said.he fel~ ~o~t 50% of the amount proposed would be proper. Staff <br />e~lalned that :educln? an lndlvldual assessment in any project necessitates recalcula- <br />tlon of the entlre proJect to spread that reduction over the balance of the properties <br />assessed. It ~as also explained that cost of the project was higher than normal because <br />of necessary flll. <br /> <br />. <br /> <br />Councilman Hershner explained the City's policy of assessing for improvements on both <br />sides of a corner lot. It would be inconsistent to reduce this assessment, since the <br />street was in existence prior to improvement and can be used for access . Mr. Mills <br />reiterated his point that all other properties being assessed for the pro]'ect will <br />benefit from' the improvement th h Id b h <br />so ey s. au ear t e major portion of the assessment. <br /> <br />30 <br /> <br />2/12/73 - 6 <br />