05/27/2003 Council Minutes - Laserfiche WebLink

Home Search

COUNCIL MINUTES MAY 27, 2003 APPROVED 385 .86 Councilmember Reinert clarified that the setbacks for this property were then changed, which limits 387 their ability to do some things. He asked if compensation was given in these types of circumstances. 388 City Attorney Hawkins stated they are not, as the residents are not considered to have a vested 389 interest except under specific circumstances. He added ordinances change regularly. 390 391 Councilmember Reinert asked if the new information about the design limitations and the septic 392 system requirements meet hardship requirements. Community Development Director Grochala stated 393 they have not seen the information prior to this, so he does not know if the septic system being 394 proposed meets the requirements or is the only option. 395 396 Councilmember Reinert asked if this request was perhaps premature. Community Development 397 Director Grochala noted staff had thought they had all the information prior to the applicant 398 presenting this new scenario to the Council this evening. 399 400 Councilmember O'Donnell asked if there was any wording that could be put in the deed so that if 62nd 401 Street was eventually completed, the City would be protected from not being able to complete the 402 project because of protests by the current or future owners that the street would come too close to 403 these structures. 404 405 City Attorney Hawkins stated that the current owner applied for the variance, so they would not be 406 able to oppose the 62nd Street project. As for future owners, the Council could require it be recorded 407 and language could be added to that affect. •09 08 Councilmember O'Donnell asked if the applicant would be open to those conditions. Ms. Keller 410 stated she would. She indicated they bought the home believing the road was going through, but also 411 believing there was only a 30 -foot setback. 412 413 Councilmember Reinert stated he is reluctant to approve a variance under these circumstances, not 414 because of a five year plan or even ten years, but for the Council in twenty-five years who will have 415 to deal with this. He indicated they are currently dealing with a similar situation on Elm Street where 416 a variance was granted and the City may have to move the road because of it. He stated that was why 417 he asked if the new information showed hardship and provided a reason for them to allow the 418 encroachment. He believes the request may be premature and may need more work. He stated 419 looking at this prior to the meeting he was ready to go with the recommendation of staff, and he is 420 looking for help on reasoning if they are going to allow the variance. He asked if staff was still 421 confident in their recommendation or if they wanted to take another look at the site. 422 423 Community Development Director Grochala stated he does not know what other information there is, 424 but they may be able to look at the sewer and septic layout and provide other options. Ms. Keller 425 stated there may be other options for the garage, but the plan has an addition over the garage as well, 426 and other options will not work for that. She stated she has had them come out twice to look at 427 placement of a new septic system. 428 429 Councilmember Dahl asked if there had been an evaluation of where the new mound septic system 430 should be placed. Ms. Keller stated she did, and the evaluator was working with a City Engineer •431 because they thought it may have to encroach on the street right-of-way, but the Engineer thought that 9