c. Final plat approval-Dooley Acres

Planning Commission Minutes—February 27, 2014 2 one homeowner, however, when that multiplies so do the issues and he is concerned for issues in the future such as the diversion project. Mr Youness said the current property owner Mr. Freier lives on a portion of the property and will be part of the Home Owners Association in the subdivision. The covenant has been established to ensure that everything is handled in a proper manner. Mr. Ellig said there is no way to enforce a covenant until someone sues and that is always a high cost item. Mr. Benson said an ordinance adopted in 2006 addresses subdivisions and ensures that all inspections are done. The public hearing was closed. Mr. Lougheed said if the application is approved the ordinance would need to be followed closely. Mr. Ellig expressed concern for the drain fields as he said they always fail and the proposed lot size of 4 acres does not allow sufficient space for a proper drain field. Mr. Youness said the lots are much larger than required for a drain field. Mr. Ellig stated he is concerned for the future when this area becomes part of the City of Fargo's extra territorial area or if the diversion is built and the structures are in the staging area. Mr. Bennett said the decision needs to be made on "there will be a diversion". Mr. Lougheed said the opinions on whether a diversion will be built are mixed and you cannot expect people to put their lives and businesses on hold because of the proposed diversion project. MOTION, passed Mr. Brodshaug moved and Mr. Ellig seconded to deny the Final Plat for the Job Second Subdivision, Major Subdivision. Discussion: Mr. Brodshaug explained his reason for denying the plat in that it does not meet the comprehensive plan and ordinance. On roll call vote, the motion passed with Mr. Ellig, Mr. Bennett, Mr. Brodshaug and Mr. Wentz voting in favor. Opposed were: Mr. Lougheed, Mr. Monson and Mr. Gust. Mr. Ellig left the meeting at 7:50 AM. 4. DOOLEY ACRES—Final Plat Approved Ms. Durand reviewed the details of the final plat report. The proposed subdivision is part of the Southwest Quarter of Section 23 and part of the Northwest Quarter of Section 26, Township 139 North, and Range 53 West in Gill Township for the purpose to add additional lands to an existing parcel, update an existing metes and bounds description, and dedicate a portion of the street to the public. The County Planner is recommending approval of the plat.