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City Council <br />January 26, 2004 <br />Kivel Variance <br />the lake -side of the home. The applicant has reported that his neighbor has no interest in <br />selling or swapping land. <br />Planning & Zoning Board Recommendation <br />The above report was presented at the October 8, 2003 and January 14, 2004 meeting of <br />the Planning & Zoning Board. After consideration of the issues, the board voted to <br />approve the proposed Variance (4 -0), with the condition noted. <br />Conclusion <br />There is definitely hardship demonstrated in the form of the location of the holding tank, <br />drain field, and topography, the locations of which are precluding a garage from being <br />sited in areas which would satisfy zoning ordinance requirements. For these reasons, <br />staff would recommend approval of this variance, with the following condition: <br />1.) The applicants, their successors, and assigns are hereby notified that should Otter <br />Lake Road expand by ten feet or less, neither the City and/or road authority will pay <br />compensation to the property owners for severance damages due to their encroachment in <br />the setback area. <br />OPTIONS <br />1.) Approve the proposed variance. <br />2.) Deny the proposed variance. <br />3.) Return to staff with direction. <br />RECOMMENDATION <br />Option #1 <br />4 <br />