08/15/1979 P&Z Minutes - Laserfiche WebLink

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Page 7 Planning and Zoning August 15, 1979 had been missed, and should be corrected. With the alteration of the lines, lot 1, block 2 could be accepted as a little smaller than an acre. Mr Heath moved to recom- mend that the Council accept theplat for Bloom's Addition with the change in the one line from 55' to 60' from thecounty road and that they set a public hearing. Mr. Shearen seconded the motion. All were in favor. Motion declared passed. There was a note from the Clerk concerning Lyndol Nelson, which was read by Mr. Gourley. There had been a variance request by Mr. Nelson at the June 20, 1979 meeting; due to the builder's error, his house had been built close to or right on the lot line. Since that time, the house on the adjacent lot had been built. This constituted a safety hazard. The variance had been refused and it had been felt to be a builder problem. The June 20 minutes in regard to this were read by Mr. Gourley. Mr. Mobley had not followed the P & Z recommendation in regard to the house under construction adjacent to Mr. Nelson's property. However, the setbacks on the second house were in order, and there was no violation there. Mr. Gourley suggested the land be surveyed in order to determine the exact position of Mr. Nelson's house, and have Mr. Locher, Mr. Nelson and the neighbor come to an agreement as to the disposition of the property. However, Mr. Shearen pointed out that the second homeowner could not be forced to sell a piece of his property toMr.. Nelson in order to satisfy the setback requirements. The prob- lem still remained with Mr. Nelson's property, which was in violation of the ordinance. It was felt that Mr. Mobley should proceed with his job, which was to issue a red tag; other than that, the P & Z felt it could take no action as it then became a problem between the owner, Mr. Nelson, and the builder, Sussel Homes. Mr. Reinert moved that the Chairman get hold of Mr. Mobley and tell him it was the opinion of this body that he go out and tag, or whatever he has to do, at least pinpoint the problem, to the initial home that was built in the wrong place or in violation. Mr. Heath seconded the motion. All were in favor. Motion declared passed. There was a letter from Mr. Locher available --an opinion on the Reshanau Estates zoning. This was a matter of information only, and no action was necessary. The next item on the agenda was the matter of Fran Burque's plat. The P & Z had handled an item for Mr.:Burque contingent on his submitting a plat, which he had not done. The Clerk had sent a letter to Mr. Burque on this, but there had been no reply. Mr. Gourley read the letter. Mr. Shearen moved to table the matter until the Commission had a request from Mr. Burque and recommended that if there was no submission by the next meeting, he be billed for the park land dedication. Mr. Doocey seconded the motion. All were in favor. Motion declared passed. Mr. Reinert moved to adjourn at 12:10 a.m. Mr. Doocey seconded the motion. All were in favor. Motion declared passed.