04-27-88 Council Minutes - Laserfiche WebLink

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C9INUTES City Council Apr•il 27, 1988 Foyt And The Council discussed the histor•y involved in this matter~ wherein the Rindelaub Rindelaub house was constr•ucted so that it extends onto the Foyt Lot Split pr~oper•ty. Pr•evious Council action appr•oved a var~iance for• Mr•. Foyt & Var~i ance to constr~uct a home on Lot 5 and encr~oach i nto r•equi r•ed si deyar~d (Cont.) setbacks, provided that Mr•. Foyt could get the wr~itten appr•oval of the owner~ of Lot 6 for this encr~oachment. However, the owner of Lot 6 was not agreeable to the variance, and, thus, no variance exists. Fahey noted that if the City Council appr~oves the division of 12.1 feet fr•om the Foyt lot, which is Lot 5, and a combination of this 12.1 feet to the Rindelaub pr~oper•ty, Lot 4, Mr•. Foyt will be requir•ed to redesign his home so that sideyar•d setbacks can be met on Lot 5. Council discussed the fact that it may be agreeable to a sideyar~d var~iance for~ Lot 5 on the souther•n setback, however•, Mr~. Foyt would have to make application for such a var•iance. Scalze suggested that Mr~. Foyt be infor•med of this. Blesener pointed out that the only matter~s befor~e the Council this evening ar•e the lot split and the var•iance for• the sideyar•d setback for• Lot 4. Mr~s. Scalze introduced the following r~esolution and moved its adoption: RFSOLUTION N0. 88-4-156 - APPROVING THE LOT SPLIT OF 12.1 FEET FROP1 LOT 5, l3LOCK 1, GERVAIS SHORES 2ND ADDITION BASED ON THE DISCUSSION AND RECOMMENDATION OF THE PLANNING COMMISSIOPI AND PREVIOUS COUNCIL ACTION OF OCTOBER 28, 1987 OPJ THE COPlDITIO~! THAT NO FUTURE VARIANCE WILL BE ALLOWED ON THE NORTHERLY PROPERTY LINE OF THE FOYT LOT, SU6JECT TO THE RCQUIRED9ENT OF THE COMBINATION OF THIS 12.1 FEET WITH THE RINDELAUB PROPERTY TO THE SOUTH, LOT 4, BLOCK l, GERVAIS SHORES 2ND ADDITION, AND SUBJECT TO THE FOYT'S AND RINDELAUB'S SUBMITTING TO THE CITY A GENERAL RELEASE OF LIABILITY OF CLAIM WITH REGARD TO THIS ENCROACHMENT ISSUE The for•egoing r~esolution was duly seconded by Mr~. Blesener. Ayes (5) Scalze, Blesener•, Fahey, LaValle, Collova. Nays (0). Resolution declared adopted. This r•esolution appear•s in Resolution Book No. 19, Page 160. Mr~. Blesener• intr~oduced the following r•esolution and moved its adoption: RESOLUTION N0. 88-4-157 - APPROVING Fl VARIANCE FOR SIDEYARD SETBACK FOR THE RINDELAUB HOME FROM 10 FEET TO 3 FEET DUE TO THE SPECIAL CIRCUMSTANCES THAT EXIST WITH REGARD TO THE ENCROACHP9ENT OF THIS HOME ONTO LOT 5, BLOCK 1 Page -5-