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MINUTES <br />PLANNING COMMISSION <br />SEPTEMBER 14, 1995 <br />MORELAN Mr. Steve Morelan appeared before the Commission <br />VARIANCE requesting approval of a variance to allow a setback <br />encroachment of 7.5 feet toward the right -of -way for <br />the Australian Avenue cul -de -sac. Morelan pointed out <br />this request came about as part of the Tima lot split <br />and his granting of an easement for the Australian cul- <br />de -sac. Morelan reported that prior to the existence <br />of the cul -de -sac, a 30 -foot setback would be required <br />should he develop a house on his property abutting <br />Australian. In exchange for granting the cul -de -sac <br />easement, agreement was reached that a house on the <br />Morelan property abutting Australian would be allowed <br />to setback the same distance allowed prior to the <br />existence of the cul -de -sac. <br />Schletty recalled that the issue was raised due to the <br />improvement of the cul -de -sac versus improving Jackson <br />Street. Schletty asked the length a variance approval <br />is good for. <br />The City Planner reported that a variance approval is <br />good for up to one year if it is not acted upon. <br />Extensions have been granted in the past. <br />Morelan reported that the Code states that a variance <br />approval lapses in a year if it is not used. He <br />discussed this subject with City Staff to see if there <br />was a way around the one year limitation such as <br />recording a document against the deed. The City <br />Attorney indicated that it may not be legal to do this. <br />As a result, two options were discussed. One would be <br />to request an annual extension. The other is to put it <br />in the record that the intention is to make the <br />variance a long -term approval even though the Code <br />would not allow it. If there is some objection to the <br />variance in the future, the minutes would reflect the <br />City's intentions. <br />Mr. Barraclough recommended approval of a Variance to <br />allow a 7.5 foot encroachment toward the Australian <br />cul -de -sac easement for property located at 109 Bluwood <br />Avenue as requested by Mr. and Mrs. Steve Morelan with <br />the finding that the request meets the requirements of <br />the Zoning Ordinance since the City initiated the loss <br />of land for the Australian Avenue cul -de -sac, thus <br />creating the special condition necessary for the <br />consideration of a variance, and with the intention <br />that the variance is perpetual in nature until the <br />3 <br />Page 23 <br />