07/25/1994 Council Minutes (2) - Laserfiche WebLink

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3('V CITY COUNCIL MEETING JULY 25, 1994 The Planning and Zoning Board considered Mr. Banta's proposal at two (2) separate meetings and voted to deny the variance based upon six findings of fact: 1. The property in question can be put to a reasonable use if used under conditions allowed by the official controls. 2. The plight of the landowner is not due to circumstances unique to his property. 3. The hardship is due to economic considerations only. 4. The granting of the variance would confer on the applicant a special privilege that would have to be extended to all property owners who would request the same variance. 5. The denial of the variance will not unreasonably diminish or impair established property values in the neighborhood. 6. The denial of the variance is in keeping with the spirit and intent of the Zoning Code. In addition the Planning and Zoning Board recommended that the limitations on garage/storage area for 1 - 2 1/2 acre lots are too restrictive and should be increased in size. Ms. Wyland noted that she discouraged the applicant from proceeding with the variance request knowing that the Planning and Zoning Board would take the position that the Zoning Codes should be either followed or revised. She also noted that the Zoning Codes have recently been revised and that possibly not enough thought was put into the Zoning Ordinance regarding lots of this size. Council Member Elliott said she would like this area of the Zoning Ordinance reviewed because she would rather see a three (3) car garage rather than a lot of junk in yards. Council Member Bergeson cautioned that although the Zoning Code may be reviewed and revised, it may not be enough to allow for Mr. Banta's request. Council Member Elliott moved to deny the variance and note the six (6) findings of fact outlined above. Council Member Kuether seconded the motion. Motion carried with Council Member Neal voting no. Council Member Elliott asked that the Zoning Ordinance be reviewed by the Planning and Zoning Board as was discussed above. PAGE 6 1 1 1