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10/27/2020 Resolutions 2020-262R E S O L U T I O N 2020-262 WHEREAS Tom Ummel Sr. being the owner of the land described hereon, have caused the same to be surveyed, subdivided, platted and designated as "KATE SUBDIVISION", a replat of land consisting of Lot Five (5), Block Thirty-Six (6), Russell Wheeler'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 1927 and such houses were legal at the time of construction; and WHEREAS, the lots of such subdivision cannot meet the minimum lot size requirements of the R4 zoning district; and WHEREAS, the houses are served with separate water, waste water and electrical services; and 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 properiy 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 October 26, 2020 tt City Attorney BE IT FURTHER RESOLVED that the final plat of Kate 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, October 27, 2020. � � Roger . Steele, Mayor Attest: �p,� � o " C;�Lt.�CiS Lt�i RaNae Edwards, City Clerk -2-