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<br />. <br /> <br />. <br /> <br />REQUEST FOR CITY COUNCIL AGENDA ITEM <br /> <br />Agenda Date Requested: <br /> <br /> <br />Appropriation <br /> <br />Report: X Resolution: <br /> <br />Ordinance: <br /> <br />Source of Funds: N/A <br />Account Number: N/A <br />Amount Budgeted: N/A <br />Amount Requested: N/A <br />Budgeted Item: YES NO <br /> <br />Requested By: <br /> <br />Department: <br /> <br />Planning <br /> <br />Exhibits: <br />Memo from Nicholas Finan <br />Memo from John Armstrong <br />Material from Previous Packet <br /> <br />SUMMARY & RECOMMENDATION <br /> <br />Mr. Capen purchased halfoflot 5, block 3 of Shady River Section 2 from the City of La Porte. Mr. Capen <br />originally wanted it to supplement his side yard. Since then, Mr. Capen has sold the half lot with some land to the <br />rear of his residence. The half lot serves as access to the rear property. Under threat oflitigation, Mr. Capen has <br />approached the City to lift its requi.rement that no improvement can be made to the property without its consent. <br />The new owner of the land would like to build a driveway. <br /> <br />The City Attorney was requested to review the Shady River covenants, and staff was requested to review the City <br />ordinances to determine ifthere are enough controls to Limit activity on this property; i.e. insure no improvements <br />are made without some oversight on the City's part. In short, the City ordinances would allow a number of <br />improvements without anything more than a permit. Staff and City Attorney recommends property be replatted and <br />only the consent for a driveway be granted. <br /> <br />Action Required bv Council: <br /> <br />City Council may lift the limitation of consent of the City; it may deny the request; or it may grant only certain <br />improvements be allowed. <br /> <br />Approved for City Council A2enda <br /> <br /> <br />/ .- ~ -Otj, <br />Date <br />