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• <br />Planning & Zoning Board <br />May 14, 1997 <br />Page 12 <br />D. Gerald Blackbird, 8257 West Rondeau Road, Minor Subdivision <br />Mr. Brixius stated that the application is to shift the property line to convey one <br />acre of land from an existing 4.9 acre tract to a 15 -acre tract. The property is <br />located north of 81st Street and west of Rondeau Road. It is zoned rural. When <br />this property was subdivided, the lot line was in error, and a tennis court was <br />built on an easement between the two parcels. The lot line shift will correct the <br />property line encroachment putting the tennis court onto one parcel, but the <br />result will be the need for a variance for a parcel that is Tess than 10 acres. <br />Density will not be increased, and only two buildable sites will be permitted. The <br />existing street access will not change. The variance will not result in a precedent <br />that would not otherwise be permitted for another property owner, and Mr. <br />Brixius believes that granting this variance is in keeping with the intent of the <br />ordinance. The resulting lot sizes will be characteristic of the surrounding area. <br />Chair Schaps noted that if Mr. Blackbird were to sell, there would be problems <br />with the structures impaled by the lot line. <br />Mr. Brixius responded that easements would have to be established. Easements <br />currently provide access to the back lot. <br />• Mr. Dunn asked if any issues have been raised by adjacent property owners. <br />Mr. Blackbird stated that there is no problem with adjacent properties. There is <br />state land on one side and a farm on the other. <br />Mr. Dunn noted that the property is already under construction. <br />Mr. Blackbird stated that the road is being cut. <br />Ms. Wyland stated that the lot is buildable as it exists. A building permit has not <br />been issued and is not dependent on whether the variance is granted. <br />Mr. Robinson stated that his concern would be setting a precedent, but with the <br />conditions of approval outlined by staff, he believes that issue is resolved. <br />Mr. Johnson made a MOTION to approve the minor subdivision at 8257 West <br />Rondeau Road with the variances outlined in the staff report and subject to the <br />following conditions: <br />1. The granting of requested variances is in keeping with the spirit <br />and intent of the ordinance. <br />• <br />