02/14/1994 Council Minutes - Laserfiche WebLink

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1 1 1 CITY COUNCIL MEETING FEBRUARY 14, 1994 1. The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. Staff feels it would be unreasonable to request that the builder remove the footings and locate the structure within the setback requirements. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property is unique due to a large drainage and utility easement on the property and the configuration of the lot itself which is located at the end of a cul-de-sac. In order to meet the 10 foot setback requirement, the home would have had to be located further back on the lot than the existing 30 feet thus encroaching on the rear easement - or moved further to the west thus increasing the angle of the driveway. 3. The hardship is not due to economic considerations alone when a reasonable use for the property exists under the terms of the ordinance. As described in Item #2, there is a hardship to the land in the configuration of the drainage easement. The single family home being constructed on the lot is a reasonable use of the property. 4. Granting a variance request will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. The City considers similar requests on a case by case basis. 5. The proposed actions will not unreasonably diminish or impair established property values within the neighborhood. The property in question is estimated to be valued at over $200,000.00. This value is consistent with other homes in the subdivision. 6. The proposed actions will be in keeping with the spirit and intent of the ordinance. The property is zoned R-1 Residential and single family use is intended for the area. The staff and the Planning and Zoning Board recommended approval of the variance request. Council Member Elliott moved to approve the variance request as submitted subject to the six (6) findings of fact. Council Member Neal seconded the motion. Motion carried unanimously. SECOND READING, Ordinance No. 02 - 94, LaMotte/Whitcomb Property - The City Council reviewed this item at the January 24, 1994 City Council meeting and approved the FIRST READING of PAGE 5 4)