City Council Minutes 2000 06 20 - Laserfiche WebLink

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Louisville City Council Meeting June 20, 2000 Page 8. However the agreement that was signed uses the phrase, "most recent appraised value." Light stated that it is his understanding that no appraisal was submitted in 1996. Light stated that there is nothing in the City Code to allow a subdivider, under this agreement or under the ordinance in general, to use an appraisal that assumes values long before the date the appraisal is submitted. The applicant suggested an alternative to the appraisal using the year 2000 values including all improvements, on 1996 values without improvements. Light stated that the applicant is suggesting somewhere in the middle. Light noted that if in the 1996 agreement, they had wanted to specify a current value as existed at that time, they could have used that phrase and have been absolutely locked into accepting a 1996 value without improvements. Geil stated that the disagreement is over the agreements reference to an appraisal of land subdivided. Sisk asked Mr. Geil if he knew the appraised land values in 1996 and in 1999. Geil stated that the value of the land in 1996 was $65,000 and in 1999, $130,000. Sisk asked if the applicant is willing to pay 12% of $130,000 and if he is still requesting setback variances. Geil stated that he was. Mayer stated that the applicant could have preserved his right to the 1996 appraisal by paying the cash in-lieu dedication and that he agreed with the legal opinion that the cash in-lieu dedication should be of current value. With respect to the setbacks, Mayer suggested Council go forward with Staff's recommendations. Davidson commented that the 1996 agreement was based on a cash in-lieu dedication being paid in 1996. Davidson asked Johnstone if the six lots were of sufficient size to build within the RL zoning. Johnstone stated that houses could be built consistent with the surrounding neighborhood. In response to the discussion, Geil stated that according to the 1996 subdivision agreement, the City would be paid the appropriate fees prior to the issuance of the first building permit. He also noted that without the exceptions to the setbacks, there would be no way to build houses on Lots 1 and 2 to conform to the size of these lots. Sam Light, City Attorney asked Geil what documents he was referring to.