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Planning & Zoning Board November 12, 2003 Page 2 V. ACTION ITEMS C. Joseph Kivel, 6262 Otter Lake Road, Variances Staff stated this item was heard at the October Planning and Zoning Board Meeting. After discussion, it was agreed by board members and applicant that this application would be tabled pending two actions by the applicant: 1. A full Certificate of Survey would be submitted, with complete setback information and proposed garage dimensions and setbacks. 2. The applicant would explore the possibility to swapping land with the neighboring property owner to the north, whereby land could be acquired so that a driveway could be constructed along the northern property boundary with a garage to be placed to the east of the home. Staff indicated applicant had not yet submitted a full Certificate of Survey. As a result, applicant had requested this application be tabled until the December meeting. Mr. Corson made a MOTION to table Joseph Kivel, 6262 Otter Lake Road, Variances to the December Planning and Zoning Board Meeting and was supported by Mr. Hyden. Motion carried 4 -0. E. Capital Homes, 6750 Black Duck Drive, Variances Staff stated applicant had constructed a home at 6750 Black Duck Drive. The survey submitted for the proposed construction showed a side yard setback on the accessory /garage side at 5 feet and on the home side at 15 feet. After the homes were constructed, the City required that an "As- Built" survey be done to verify that the home s had been built to specifications. The As -Built survey for this property showed that the required five -foot side yard setback for the garage had not been met, being only 4.5 feet rather than the required 5 feet. For this reason, the applicant is requested a 6 -inch variance from ordinance requirements. Staff noted since the home and garage had already been constructed and there was no practical way to correct the setback, staff recommended approval of this variance request. Staff indicated the neighboring property owner to the south had been notified of this variance application. Chair Schaps asked if the home was sold yet. Ms. Gretz replied she did not know. She stated she had sent a notice to the neighbor to the south and had not heard from them. Mr. Hyden asked how this error had occurred. Ms. Gretz replied she believed inaccurate measurements were made at the time of construction, when materials and mounds of earth can make measurements more difficult to make. Kerry Burnham, Capital Homes, stated human error was the cause of this. He indicated he was caught between a "rock and a hard place" because the surveyor he originally used was no longer taking any business and did not do the as -built survey. He replied it was DRAFT MINUTES • • •