03-13-2002 Council Minutes - Laserfiche WebLink

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M1NUT);S CITY COUNCIL MARCH I3, 2002 neighborhood. Insisting that the house is placed on poor soils just to meet setback requirements will make it cost-prohibitive to build this house. Fahey indicated that his interpretation is that this would deny the reasonable use of the property and felt a variance should be granted. Scalze cautioned that granting a variance in this case will set a precedent for anyone who has land that is expensive to develop. Scalze felt thatjust because a property is expensive to develop does not mean that the reasonable use of the property is being denied. Scalze pointed out that there are other properties such as the Sculley property that may have the same situation. Fahey stated that the development of large tracts of property with portions of poor soils was different from the single lot that consists of poor soils. Fahey there was little comparison in requiring the expenditure of an additional $90,000 in foundation work for one single-family home versus the development of a large piece of land. Fahey felt that the Roberto situation was a hardship and pointed out that without a variance there will not be a home developed on this property. Fahey also indicated that the addition of one driveway onto Savage Lane was also noC a basis to deny the variance request. There was no one else present ii'om the general public wishing to comment on this matter. Upon motion by LaValle, seconded by Anderson, the public hearing was closed. Anderson pointed out that undue hardship must exist to warrant granting the variance without which a property could not be put to a reasonable use. Anderson felt that the shape of the property, the wet soils, and the way setback requirements apply to this particular piece of land constitute au undue hardship. Joe Buche, Rose Lane, questioned the ability of someone to request a variance on property they do not own. Fahey noted that it is likely that M.r. Roberto has a pw~chase agreement on this property that is contingent upon the approval of a variance. Buche noted that he does not want to look out his front window into the Roberto baclryard. Buche felt this would devalue his property, and asked that any house developed on this lot be moved as far north as possible. Fahey stated that he understood Buche's feelings, but noted that the Council has to balance the interests of the owner of the undeveloped property who wants to develop his land.