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05/28/1996 Council Packet
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05/28/1996 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
05/28/1996
Council Meeting Type
Regular
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land owner. Although the access problem was not created <br />by the current property owner, Mr. Dorschner, the <br />original building/owner created the problem by orienting <br />the garage entrance to the west with only 28 feet to <br />access. <br />C. That the hardship is not due to economic <br />considerations alone and when a reasonable use for the <br />property exists under the terms of the ordinance. This <br />hardship could be considered economic as the problem <br />would be eliminated with the reorientation of the garage <br />to face Lilac. However, a reasonable use for the <br />existing garage does not exist unless the subdivision is <br />approved or an easement obtained. <br />D. That granting the variance requested will not confer <br />on the applicant any special privilege that would be <br />denied by this ordinance to other lands, structures, or <br />buildings in the same district. No special privilege <br />would be afforded this applicant that would not be <br />offered to another under similar circumstances. <br />E. That the proposed actions will not unreasonably <br />diminish or impair established property values within the <br />neighborhood. Property values should not be <br />"unreasonably" diminished with the variance or easement <br />arrangement. <br />F. That the proposed actions will be in keeping with the <br />spirit and intent of the ordinance. The intent of the <br />ordinance is to provide for single family residential use <br />of the property which will be maintained in either case. <br />The Planning & Zoning Board reviewed this item at their May meeting <br />and recommended Option No. 1. There was a great deal of discussion <br />concerning the criteria for granting a variance and the Board <br />concurred that justification for the variance exists. The Board <br />also determined that there was some responsibility on the City's <br />part as a building permit had been issued to construct the home as <br />it is located without the requirement of a survey document. <br />OPTIONS <br />............................ <br />............................. <br />............................ <br />1. Approve Minor Subdivision with variance to allow Lot 1, Block 1, <br />Behm's Century Farms a lot depth of 125'. <br />2. Deny minor subdivision and variance and suggest Mr. Dorchner <br />secure an easement from Mr. Uhde to allow use of the westerly 10' <br />of Lot 1, Block 1, Behm's Century Farms until his garage can be <br />reoriented to Lilac Street. <br />RECOMMENDATION <br />Concur with Planning and Zoning Board Option 1 <br />
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