10-28-87 Council Minutes - Laserfiche WebLink

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MINUTES City Council October 28, 1987 Foyt Side the neighbor~ to the nor•th agr~eeing with the var•iance. The City can Yar•d also r•equir~e a r•elease of liability or• claim against the City in Setback this matter•. Var•i ance (Cont.) Fahey asked if ther~e was anyone pr•esent objecting to the var~iance as r~equested. Ther•e was no one opposing. Scalze asked the City Attorney whether• the matter~ of the encr~oachment should be resolved with an easement or subdivision. The City Attor~ney felt that a lot split would be the pr•eferable way to r~esolve the encr•oachment issue. Fahey pointed out that by appr•oving a subdivision, the City would automatically be appr•oving a var•iance for• the house on Lot 4. Fahey pointed out that the Code says a har•dsksip cannot be an economic har•dship. However•, the alter•native would be to take down the gar~age on Lot 4. Blesener• felt that an economic har•dship did not apply when the condition was existing, as the house encr•oachment in this case, but r•ather•, for• exampl e, when someone i s r•equesti ng a di vi si on of pr•oper•ty i nto thr•ee lots, when ther•e should only be two lots. Fahey agr•eed that the pr~oblem exists thr•ough no fault of Mr•. Foyt's. Foyt also pointed out that the proper•ty owner• of Lot 6 is locating his house fur~ther• to the nor•th to give mor•e separation between his home and the one Mr•. Foyt is planning. Blesener• suggested that Mr•. Foyt pur•chase 10 feet of pr~oper•ty fr~om the owner~ of Lot 6, and that the owner• of Lot 4 would have to pay the cost. Foyt felt his var•iance request was a mor~e logical solution to the pr~obl em. Fahey stated that based on the r~ecommendation of the City Attor•ney, Mr~. Foyt will have to divide his pr•operty giving at least 10 feet to the owner• of Lot 4 to r•esolve the encr•oachment issue, rather• than r•esolving the matter~ with an easement. Ther~e was no one else present wishing to comment. Mr•. Fahey intr•oduced the following r•esolution and moved its adoption: RESOLUTION N0. 87-10-517 - CLOSING TNE PUBLIC HEARING ON TNE RON FOYT REQUEST FOR SIDEYARD SETBACK VARIANCE Page -15-