06/12/1996 P&Z Minutes - Laserfiche WebLink

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• PLANNING & ZONING BOARD JUNE 12, 1996 • • F. 96 -19 -P, Molly & Jim Jungbauer, 2207 Deerpass Trail, Minor Subdivision Ms. Wyland stated that the applicants are requesting a minor subdivision to add five feet to their property from the adjoining property. The purpose is to correct the existing encroachment on the east side where there is a retaining wall and decking. This correction will eliminate future mortgage problems. When the home was originally constructed, the owners owned both parcels, and the house was constructed close to the current side property line. The adjacent property owner has agreed to sell five feet to the Jungbauers. The property is zoned rural. Staff is recommending approval with the condition that the five feet be added to the legal description of Lot 23, and also recommends a waiver of park dedication requirements. Mr. Jungbauer stated that he is willing to spend the $3,500 to buy the five feet of property in order to correct the situation. However, it has cost him a $250 fee to present this application to the City, which he believes to be unfair. He requested a waiver of that fee. He added that the deck stairway no longer exists, and the deck will be in full compliance with City requirements upon approval of the subdivision. Chair Schaps stated that it is unprecedented to refund the fee. Mr. Jungbauer stated that when he bought the property, he noted the property line, placement of the house and deck. He obtained a letter of acceptance from the City so he would not be required to take the deck down. He is now trying to bring his property into compliance. To bring the City's business before the City is costing him $250, and he requested that the Board recommend to the City Council a refund of his fee. Mr. Robinson made a MOTION to approve the minor subdivision as requested with the condition that the westerly 5 feet of Lot 24 be added to the legal description of Lot 23 and waive the park dedication requirement; and that the $250 fee be reimbursed to the applicant in light of the special and unique circumstances. Mr. Herr seconded the motion. The motion carried 7 -0 Chair Schaps called a break at 8:20 p.m. and reconvened the meeting at 8:30 p.m. G. Richard Carlson, 7932 Lake Drive, Minor Subdivision Ms. Wyland stated that Mr. Richard Carlson purchased the His and Hers Barber & Beauty Shop. He plans to open an equipment rental business. The parcel is located in the central business district and is approximately .62 acre in size. The applicant is requesting a minor subdivision to add Parcel B (80 x 135') to his Parcel A from a larger 79 -acre tract, Parcel C. 12