03-27-2013 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL MARCH 27, 2013 granting the Variance other than that the lot is large. Montour pointed out that the Jaede situation has to be different than anyone else's, and noted that if the Variance is approved, the next property owner with a large lot can make the same request. There have to be some findings of fact to justify granting the Variance. Jaede did not feel his request was unreasonable and pointed out that he is not planning to run a business from the garage. He indicated that he would like to retain the existing garage to retain its historical value as well as construct a new garage. Jaede indicated that the existing garage is 590 square feet and has 6'4 "garage doors. McGraw agreed that this is a large piece of property, but noted that the Code does not provide for granting a Variance based on the size of the property. There has to be a uniqueness that exists to justify the Variance. McGraw stated that he cannot find that uniqueness, therefore, the City cannot legally grant the Variance. McGraw stated that the City would have to change the Code in order to approve the proposal. McGraw also pointed out that he cannot remember that a Variance of this nature has ever been approved in the City. Montour asked if there was anyone from the general public present wishing to comment on this matter. Carl Nelson, 762 LaBore Road, felt that the property was unique pointing out that it consists of 2 acres and has a house on it that was constructed in the 1800's. Nelson pointed out that the garage space proposed is only about 2% of the property area. He also noted that half of the Planning Commission felt the proposal was a good idea. Nelson again stated that the situation is unique and encouraged the City to support the Variance request. He pointed out the property had been on the market for over a year, the new property owners are combining the parcels into one and are putting a significant investment in this property. McGraw asked what basis there was for granting the Variance. Nelson suggested that the size of the property provided the basis. Jaede suggested that garage size allowed could be based on a percentage of property size. Boss suggested that perhaps this is something that could be considered. McGraw pointed out that while Jaede is currently combining the property into one large parcel, there are no guarantees that the property will not be subdivided in the future. Jaede noted that even if the lots remained separate, the new garage would not come close to lot lines. McGraw again stated that in the future, the property could be subdivided and then the current 2 acre site would no longer be 2 acres. 5