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02/14/2017 Resolutions 2017-19� RESOLUTION 2017-19 WHEREAS William P. Ziller and Julann K. Ziller, members of J& B Rentals, LLC, being the owners of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as "NAGY'S THIRD SUBDIVISION", to be laid out into 2 Lots, on a 0.132 acre Tract of Land comprising the Westerly Two Thirds (W. 2/3) of Lot Seven (7), Block Twenty Three (23), Nagy's Addition to the City of Grand Island, Hall County, Nebraska, and has caused a plat thereof to be acknowledged by it; and WHEREAS, a copy of the plat of such subdivision has been presented to the Boards of Education of the various school districts in Grand Island, Hall County, Nebraska, as required by Section 19-923, R.R.S. 1943; and WHEREAS, two houses are located on this single lot and have been since at least 1910 and such house were legal at the time of construction; and WHEREAS, the lot of such subdivision do not meet the minimum lot size requirements of the R4 zoning district; and WHEREAS, the houses are served with separate water and electrical services, and will be served by separate waste water, WHEREAS, §33-21 of the Grand Island City Code allows Council to modify or waive specific provision of the regulations and the Council finds that (1) The strict application of a particular provision would produce undue hardship. (2) Such hardship is not shared generally by other properties in the proposed subdivision, or in the case of modifications or waivers affecting an entire proposed subdivision the hardship is not shared generally with other similar subdivisions. (3) The authorization of the modification or waiver will not be a substantial detriment to adjacent property and the character of the proposed subdivision will not be adversely changed. (4) The granting of such modification or waiver is based upon demonstrable and exceptional hardship as distinguished from variations for purposes of convenience, profit, or caprice. (5) The granting of such modification will not unduly compromise the intent of this chapter.; And, WHEREAS, a form of subdivision agreement has been agreed to between the owner of the property and the City of Grand Island. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of subdivision agreement herein before described is hereby approved, and the Mayor is hereby authorized to execute such agreement on behalf of the City of Grand Island. ,�. �'� Approved as to Form tt February 14, 2017 tt A orney BE IT FURTHER RESOLVED that the final plat of Nagy's Third Subdivision, as made out, acknowledged, and certified, is hereby approved by the City Council of the City of Grand Island, Nebraska, and the Mayor is hereby authorized to execute the approval and acceptance of such plat by the City of Grand Island, Nebraska. ---Adopted by the City Council of the City of Grand Island, Nebraska, February 14, 2017. Attest: t�►�--1� �Q�L���� RaNae Edwards, City Clerk -2- ./.�.. .L� ` . ; ii�/ - � � �(r' ' ,