07-08-1998 Additions - Laserfiche WebLink

Home Browse Search

MINUTES CITY COUNCIL JUNE 24, 1998 Fahey suggested that under the B -3 zoning the McMillan's could build a coffee shop on the property eliminating the residential use. Fahey suggested that the property was too small to combine the residential use. Morelan stated that he liked the concept, but felt the proposal was too much for the lot. Scalze stated that she did not believe the City could legally rezone a piece of property if the rezoning creates the need for a variance. The City Planner pointed out that he has recommended in favor of the variance. The reason for this recommendation is that the lot at 89 West County Road C existed prior to the development of Rosewood Drive. Before Rosewood was developed, this lot was an interior lot; therefore, setbacks which are applicable to an interior lot applied. The City then developed Rosewood Drive adjacent to this property and it became a corner lot that came with the requirement of greater setbacks. Therefore, it seemed reasonable to grant the variance considering the impact that Rosewood Drive had on the property. Secondly, the City did grant a side yard setback variance for the house on the lot immediately north of this lot. The Council granted this variance given the narrowness of the lot. Scalze pointed out that the Rosewood Drive neighborhood was developed in an effort to keep commercial development away from the Iona Lane neighborhood. The property had been downzoned from B -3 to R -1. Fahey pointed out that but for the development of Rosewood Drive the applicant could have requested an RB zoning for the property and could have met the required setbacks. Therefore the need for the variance was not created by the applicant, but by the City when the street was put through and the Rosewood Drive neighborhood was developed. Morelan indicated that he would like to review the minutes from when Rosewood Drive was developed and the adjacent variance granted in order to get a better feel for the background. Doug McMillan requested that action on this proposal not be delayed since he is working with lenders to put the financing together for this project. Fahey asked if there was anyone from the general public present wishing to comment on this matter. Dr. Krienke, owner of 89 West County Road C, pointed out that the City developed Rosewood Drive adjacent to his lot that changed the required setbacks for the property. Krienke also pointed out the setback variance Page 10