03/26/2001 Council Minutes - Laserfiche WebLink

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COUNCIL MINUTES MARCH 26, 2001 • COMMUNITY DEVELOPMENT DEPARTMENT REPORT • Resolution No. 01— 46, Variance from Setback Requirement, Rick Boschee, 1205 Peregrine Circle, (3/5 Vote Required), Jeff Smyser — City Planner advised Mr. Rick Boschee of Boschee Homes, Inc., has applied for a variance from a setback_ requirement for a lot in Peregrine Pass. Mr. Boschee is a builder who prepared a plan for a house on Lot 8. The plan does not fit within the setbacks, which is the reason for the variance application. City Planner Smyser presented the staff's analysis of the application noting that in considering all requests for variance and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considera use for the property exists under the terms of th 4. That granting the variance requested wil privilege that would be denied by t in the same district. 5. That the proposed acti City Planner Smyser advised is based on the unique attri in the development. and recommended app when a reasonable e applicant any special other lands, structures, or buildings eeping with the spirit and intent of the ordinance. en approval of the variance request noting that the request and in no way implies support for variances on the other lots g and Zoning Board considered the application on March 14, 2001 Council Member O'Don 11 stated Park B is a 15' wide trail and Park A is only 10' wide. He asked if Park A is also and trail and why it is not as wide as Park B. City Planner Smyser advised Park A is also a trail. There is a difference in the width due to the topography of the land. The Environmental Specialist did visit the site and determine which trees should remain and which ones should be cut down. Mayor Bergeson stated 12th Avenue is currently narrow. He stated it looks like there is a 73' foot right-of-way. City Engineer Powell advised 12th have has been reconstructed and is a State Aid roadway with no curb. The road can remain rural and can still be widened without additional right- of-way. Council Member Dahl asked if a convenant should be included for future homeowners indicated that a trail will be in that location. She stated that may eliminate problems in the future due to the close proximately of the lot line. 6