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05/28/2002 Council Packet
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05/28/2002 Council Packet
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City Council
Council Document Type
Council Packet
Meeting Date
05/28/2002
Council Meeting Type
Regular
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• <br />EXHIBIT # S <br />Rationale for Variance <br />A variance is requested for the unique hardship associated specifically with this <br />property for the following reasons: <br />1. The property in question cannot be put to reasonable use under the conditions <br />allowed by the official controls currently, if "reasonable" is defined as building a <br />home on each platted lot as permitted on approximately 70 other properties in the <br />plat of Lake View Woodland. <br />2. The plight of the land owner is due to physical circumstances unique to the <br />property and not created by the land owner. The two lots were combined <br />unknown to the owners. If sellers owned two lots not adjoining each other, they <br />would not have been mistakenly combined without the knowledge of the seller. <br />The proposed procedure remedies an injustice caused by administrative action <br />111 impacting this sellers rights. <br />3. While there is a very significant economic impact to the owners, the hardship is <br />not due to economic considerations alone. The owners purchased and held this <br />= property (Lot 28) since 1965, with the intention of selling it to support their <br />retirement. Regardless of economic value of Lot 28, the combining by the taxing <br />authority of Lots 28 and 29 at an unknown time and through an undocumented <br />process amounts to a "taking of property rights ". Approval of the variance <br />restores the owners original rights. <br />4. This is not a special privilege over 70 adjoining property owners have built on <br />similar sized and previously platted lots. <br />5. The spirit and intention of the ordinance was to grandfather situations similar <br />to this. The owners should not be penalized for not objecting when their tax <br />statement started showing 3 parcels on one page nearly 20 years ago. <br />
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