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PLANNING & ZONING BOARD MEETING <br />March 8, 1989 <br />6. That the proposed actions will be in keeping with <br />the spirit and intent of the ordinance. <br />John Miller stated that the board has 2 options for <br />discussion. <br />1. Grant an easement variance allowing the home to be <br />located back more than the minimum front yard <br />setback. <br />2. Make an interpetation that the individual has the <br />right to build his home farther back, as long as <br />all setback requirements have been met. <br />Sally Kuether asked if the utility easement could be placed <br />elsewhere to allow the home to be placed closer to the front <br />of the lot. <br />Ron Stahlberg, the City Engineer, explained that in designing <br />the route in which utilities will run, they try to take the <br />shortest route possible for economic reasons. Mr. Menkveld <br />has agreed to this. There will be additional easements in <br />other lots as time goes on. <br />Charles Prokop recommended issuing a variance. <br />There was considerable discussion and varied opinions on if a <br />variance was needed or not. <br />MOTION: Gordon Girtz moved to recommend to City Council to <br />accept the variance setback, as it meets the 6 findings of <br />fact, pushing the home back to the 50' line. Motion died <br />from lack of a second. <br />Mr. Irwin felt that a variance is not required. He stated if <br />we issue a variance, we would have to issue a variance for <br />every home that did met the setback, but wanted to build <br />still a little farther back. He stated that a variance is a <br />privilege to do something that is not allowed in the city <br />code book. <br />Mr. Chase agreed with Irwin. All the city code states is <br />that the property owner is required to build his home at <br />least 30' from the front yard setback, and if he wants to <br />build further back, then that should be fine as long as he <br />meets the front yard setback, and the side yard setback. <br />Sally Kuether stated that the house will have to be built to <br />fit this unique situation. She was concerned about the fact <br />that the home would possibly look out of place set back <br />further than the others. <br />MOTION: Mr. Irwin moved to recommend that City Council put <br />into writing the current policy, stating that on residential <br />Page 3 <br />