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Regular Session 1941 December 6, 2004 2. BILL NO. 8748 - APPROVING A FINAL SUBDIVISION PLAT OF A TRACT OF LAND TO BE KNOWN AS 'BOUNDARY ADJUSTMENT AND SUBDIVISION PLAT OR PART OF LOT 32 OF CENTRAL SUBURBS SAINT LOUIS COUNTY, MISSOURI AND LOCATED AT 7823 GREENSFELDER AND THE WESTERN 18 FEET OF 533 WARDER. Tom Harig, 7814 Greensfelder Lane, spoke on behalf of residents there about the resubdivision of Greensfelder Lane, and included the following points: tasteful additions to residents' home have been appreciated; the Jung family on Warder offered to buy the Anselmo home at a price favorable to the Anselmo family; addition of a new home similar to those already there is considered beneficial to the neighborhood; building two homes in close proximity, while not illegal, is undesirable; restrictions on previous deeds need to be explored if they have not been all ready; safely is a major concern; Greensfelder and Warder resides are prepared to pay for a valid, independent and complete study of water and drainage tribulations; University City Planning Department addressed some factors but avoided others in considering the resubdivision review and ignored the University City Comprehensive Plan; and they are present this evening to stress the unique charm of Greensfelder Lane as a University City neighborhood. They seek to maintain an environment consistent with their existing homes. Mr. Sharpe complemented the Greensfelder Lane group for summarizing their points to be delivered by one person and for having the group well-represented in the audience. Eric Schmitt, attorney, 168 North Meramec, Suite 400, Clayton 63105, representing the petitioner came to clarify some points: 1) there are two existing homes that sit on the "park" according to "title work", and 2) MSD has "signed off" on this subdivision plan, and 3) that if a petition meets all of the code requirements, it is not a discretionary act. He hopes that it will meet the Council's approval this evening. Ms. Brot wanted clarification about "whether Greensfelder Park is still there." Mr. Schmitt said he understood that the "park had been abandoned and that two home exist on that park." He said that the issue is one of a "deed restriction ... between the residents and whether or not they decided to enforce it, and they have rights to try to enforce that deed restriction, even if the City approves the subdivision Plat." He considers the park issues to be a "red herring" and said it has no legal basis on what can or cannot be done with the property. Ms. Brot asked if it still existed as a park, which it does not, it would make the Plat "major" instead of "minor" and all the other rules would apply, offering another means of interpretation. Tom Harig, 7814 Greensfelder Lane, said that MSD indeed "signed-off" but only to make sure there were adequate sewers underground to be tapped into or that the plan would not be built upon a right-of-way. They did not approach the effects of new construction and subsequent water drainage. Page 14