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� � r In view of the information in the above letter, Commissioner Wodtke did not feel it is correct to say Mr. Powell tried to "get around" the ordinance. He believed he tried to do it in the way he thought was proper, and did not feel it should be indicated that he attempted to circumvent the ordinance. Commissioner Scurlock believed we need to make that clear as staff's memo quotes Mr. Powell as stating that he was assured by proceeding as he has that he could "get around" the old subdivi- sion ordinance. Possibly that statement should be deleted. Planner Boling clarified that at the meeting with Attorney Brandenburg, himself and Mr. Powell, he was assured that was a way under the old ordinance that he could get around having to subdivide, and that is what he was getting around - having to come in and plat. You could do this under the old ordinance, but what he did was continue that practice after the new ordinance was adopted. Attorney Brandenburg agreed that Mr. Powell has been acting in good faith and confirmed that Mr. Powell was told by his office that it was a way he could do this legally because there was a loophole in the ordinance. That was the kind of advice everyone was given back then. The difficulty is that Mr. Powell didn't create the lots prior to the adoption of the new ordinance, and he didn't sell the lots off early enough. If he had sold the lots prior to the adoption of the new ordinance, he would have been okay. Administrator Wright stressed that there was no intent by staff to cast a shadow on Mr. Powell's reputation. Dana Howard, as agent for Mr. Powell, explained that Mr. Powell had acted under the provisions of the old subdivision ordinance; he met the Health Department's requirement for septic tanks and wells, etc., and what he has done is created a division of property along platted right-of-ways. Commissioner Bird asked if we could grandfather in the three M. JAN 2 1985 BOOK 5