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<br />Mayor Keller said he could understand the frustration of Council <br />in justifying how the money is spent, noting there were simply not <br />enough dollars available. He noted the federal tax dollars coming <br />from Washington, D.C. to this City and the necessity for such things <br />as more housing for the citizens. He said that even though some of <br />the items seemed small in amounts, if some of those small amounts were <br />used to rehabilitate homes, he would feel more comfortable with the <br />program. He felt the City had an obligation also, to spend the <br />dollars in the best possible way. In response, Mr. Delay said CDC had <br />targeted money to rehabilitate housing to the maximum extent it was <br />capable of administering. <br /> <br />e <br /> <br />Mr. Hamel moved, seconded by Mr. Bradley, to approve the Community <br />Development Block Grant application for 1978-79 as presented. <br />Motion carried with all councilors present voting aye except <br />Mr. Haws voting no. <br /> <br />B. Appeal by Hearings Official Re: Preliminary Approval of Tree <br />House PUD located in area east of Blanton Road, south of 38th <br />Avenue, south of 35th Avenue and southwest of Monroe Street (PO 77-9) <br /> <br />Approved by Hearings Official January 19, 1978. Manager noted loca- <br />tion of the proposed Treehouse PUD, which would comprise 122 units <br />located on approximately 40 acres. The matter was being appealed by <br />the Crest Drive Neighborhood Association. <br /> <br />Jim Saul said this was the preliminary approval, the second stage ~ <br />. of the PUD process. Diagrammatic approval had been given by the ~ <br />Planning Commission October 4, 1977. He noted the differences of the <br />two stages in the PUD process. The purpose of the first stage was to <br />evaluate off-site impact of the development, with particular attention <br />paid to the impact of the development on a wide variety of services. <br />The purpose of the second stage was oriented to on-site considerations <br />as to how the development relates to the site. The only off-site <br />question in the second stage would be a question of building design <br />and its effect on adjacent property. This development was considered <br />by the Hearings Official January 19. On January 29, it was granted <br />preliminary approval, subject to a number of conditions. The appeal <br />was submitted February 9. <br /> <br />Mr. Saul said the testimony council would be hearing this evening <br />must be limited to specific items in the appeal and only those items <br />heard at the Hearings Official level, and how the Hearings Official <br />may have erred. He said there were three major issues in the appeal: <br />(1) On-site geology conditions; (2) how any conditions that might be <br />established by an expert might be enforced in building permit stage; <br />and (3) the Amazon drainage adequacy. He said in regard to the <br />latter, it is not a legitimate consideration, as it was evaluated at <br />the first stage and would not pertain to the preliminary approval. If <br />that matter were ~o be addressed, it should have been appealed at the <br />first stage. He noted again the second stage, preliminary approval, <br />was for on-site considerations. The Hearings Official had granted <br />preliminary approval subject to conditions, and if those conditions . <br />were not fulfilled or were voided, then the approval would be voided. ~ <br /> <br />2/27/78--4 <br /> <br />128 <br />