05/28/1996 Council Packet - Laserfiche WebLink

Home Search

PLANNING & ZONING BOARD MAY 8, 1996 Ms. Wyland stated that this application is for a minor subdivision and variance. Mr. Dorschner's current driveway encroaches approximately 10 feet onto his neighbor's property. When the house and garage were built in 1982, the City did not require a survey and allowed the garage and driveway to be situated as they are today. The garage is 26 feet from the property line. The encroachment was discovered when a survey was done by Mr. Uhde for development on the adjacent property. Ms. Wyland stated that two options are presented: 1) to allow the sale of 10 feet to Mr. Dorschner to maintain his existing driveway, and therefore, allow Mr. Uhde's property a lot depth variance of 10 feet; 2) suggest Mr. Dorschner secure an easement from Mr. Uhde for use of the westerly 10 feet until the garage can be reoriented to Lilac Street. Staff is recommending the easement option. Mr. Dorschner stated that he did not know of any problem until a month ago, when Mr. Uhde had a survey done for development. He has lived in his house approximately four years. There are two driveways on the property. The driveway in question has been there since the house was built and is the only straight access to the back yard. He put up a cedar wood fence along the driveway last year, replacing an existing roadway. Chair Schaps asked if Mr. Dorschner ever had a survey done when he put up the fence. Mr. Dorschner stated that he had a survey done last week, and it agrees with Mr. Uhde's survey. When he put the fence up last year, a survey was not required. The Building Inspector indicated that as long as he was replacing an existing fence, a permit was not required. His lot is 166 feet wide, and he -had no reason to believe there was a problem. Had he known of this problem at the time he bought the property, he would have had stipulations put in the purchase agreement. Chair Schaps asked if the property was inspected at the time of Mr. Dorschner's purchase. Mr. Dorschner stated that the property was inspected, but there was no survey. He and the mortgage company received a property sketch indicating the orientation of the house on the property. Chair Schaps asked if Mr. Dorschner researched the file to see if a survey had ever been done. Mr. Dorschner stated that to the best of his knowledge a survey has never been done. There is nothing on file with the county. Mr. Robinson asked if there is an old fence north of Mr. Dorschner's property along the tree line. 4