PL PACKET 08181987 - Laserfiche WebLink

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1 -4- 2 -a 988 square- foot - house where the Ordinance requires 3 1 ,000 square feet; 4 -a 14 foot setback from 37th Avenue N.E. where 30 feet 5 are required on both sides of corner lots. 6 Commission 7 recommendation: Commissioner Wingard- indicated that the Commission was 8 only recommending the Council grant the lot size 9 variance and -permit the house to be constructed 16 feet 10 from the property line because: 11 -they perceived the layout of the house could- be re- 12 drawn for a longer, narrower structure which would 13 move the house two feet further back from the street 14 and reduce the setback variance to less than 500 of 15 what the Ordinance requires; 16 -indicated the Commission had accepted the clarifica 17 tion of ownership provided .by the deceased owner' s 18 attorney; and 19 -concurred with the City Manager ' s perception that case 20 law seemed to indicate the City could not prevent this 21 property from being developed at all. 22 Staff reports: Childs had included a copy of his June- 12th- memorandum 23 to the Commission in the agenda packet which, gave a 24 history of the substandard lot which he had 25 nevertheless perceived to be "a lot of record" and 26 "buildable" ; 27 cited the variances which had been requested; 28 explained how case law appeared to indicate the City. 29 would be "taking" the property if the lot were not per- 30 mitted to be developed at all. 31 32 Soth affirmed Councilmember Marks ' assumption that a 33 court would probably view the City' s denial of the vari- 34 - ances necessary to build a house on the property as 35 . "taking without compensation" 36 added that he perceived such denial might be considered 37 to be one of the. clearest cut cases of '!.hardship" 38 because the City .would be creating the "ultimate" hard- .39 ship for the land owner because he would be . unable to 40 make use of his property altogether; • 41