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166 COUNCIL MEETING October 28, 1985 Page Three Voting on the original motion, motion carried unanimously. B. Jeff Joyer - Variance to Set Back, Corner Lot - Mr. Kluegel explained this is a variance request by El Rehbein & Son for set back from a thoroughfare for a corner lot in Shenandoah. Mr. Kluegel said the plat was processed and recorded in 1971 under Ordinance #21 which called for a 30 foot setback from a thorough- fare. This Ordinance has been amended by Ordinance #56 and the present City Code to require a 40' setback. In addition, Mr. Kluegel has taken the average of all the lots along Birch Street within 400' of the lot in question. The average set back is 27'. The Planning and Zoning Board did recommend denial of this vari- ance request due to the fact that the plight of the landowner is caused by economic reasons rather than a hardship of the land, the City Planner recommended denial, approval would not be in keeping of the spirit and intent of the Ordinance. Mayor Benson asked why Mr. Kluegel considered the Hooper house when calculating the 27' average set back. Mr. Kluegel explained the Ordinance specifically calls for an average of all homes within 400' of the lot in question and this home is within 400'. Mr. Joyer presented a site plan showing the lot in question at Birch Street and Totem Trail. He also referred to a copy of Subdivision 10, Section 4, of the Zoning Ordinance and felt according to his in- terpretation of this portion of the Ordinance a variance would not be required. There was discussion on what size house was proposed. Mr. Joyer ex- plained the proposed home is 968 square feet with a 22' x 22' at- tached garage. There was discussion about building a detached garage and locating it behind the house. However, there is marginal soils in this area. Mr. Reinert felt the Planning and Zoning Board did address the prob- lems associated with this lot in that another type of home could be built on this lot which would not create a need for a variance. Mr. Joyer stated that the Planning and Zoning Board did not recognize that there is a hardship. He felt the hardship is that since this lot was platted the City has increased the set back requirements by 10 feet. The lot dimension was determined in 1971 and cannot be changed and now that the City Code has been changed to re- quire a 40 foot set back there is 10 feet less usable space on the lot. Mr. Marier said there was a problem with the soils on this lot and felt the prospective owner should know this. Mr. Joyer explained that the lot has been reconstructed and the poor soils were removed and the proper soils brought in. The prospective owners know that there is a limited area in which to build a house on this lot. There also would be a ten year warranty placed on the home.