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Planning Commission Regular Meeting Minutes <br /> April 1.6, 1996 <br /> Page 3 <br /> 1 3. The variance will not alter the character of the locality. If granted, the variances will <br /> 2 not cause an alteration of the established residential character of the area. <br /> 3 Strict enforcement of the setback requirements would, therefore, cause undue hardship. <br /> 4 Chair Bergstrom closed the public hearing at 7:16 p.m. <br /> 5 Chair Bergstrom inquired if the original preliminary plat depicted 16 foot setbacks on the lot <br /> 6 lines. Ms. Moore-Sykes replied that the preliminary plat depicted 25 foot setbacks, and that <br /> 7 the hearth rooms were within the 25 foot setbacks. <br /> 8 Commissioner Franzese inquired if the Reids had been notified of this public hearing and if <br />= 9 ' there were any comments. Ms. Moore-Sykes stated everyone within a 350 foot radius had <br /> 10 been notified and no one had contacted City Hall regarding this public hearing. <br /> 11 Bruce Nedegaard, President of Nedegaard Custom Homes, reviewed the-plat map with the <br /> 12 Planning Commission. Discussion was held on the intended location of the hearth rooms. <br /> 13 Commissioner Franzese inquired if the original blueprints showed the correct location of the <br /> 14 hearth rooms. Mr. Nedegaard stated the blueprints were correct, but the survey is not. He <br /> 15 stated the hearth room locations throughout the entire subdivision are incorrect, but that only <br /> 16 Lots 8 and 10 are not within the required setbacks. <br /> 17 Chair Bergstrom inquired if a new plat will have to be filed. Mr. Nedegaard replied he <br /> 18 would not have to file a new plat, as this affects the rear yard setbacks only. <br /> 19 Commissioner Gondorchin stated the criteria for reasonable use and circumstances created <br /> 20 by the owner could be argued. He stated that the units could indeed be used as originally <br /> 21 intended without the hearth rooms, and that even though the owner personally did not create <br /> 22 the hardship, an individual acting on the owner's behalf did. <br /> 23 Chair Bergstrom agreed with Commissioner Gondorchin's argument, but felt the Planning <br /> 24 Commission would not be setting a precedent nor negatively affect the community if the <br /> 25 variance was approved. <br /> 26 Commissioner Franzese disagreed with Commissioner Gondorchin's argument, and stated <br /> 27 unreasonable use is anything other than the original intended use, and that the owner <br /> 28 personally did not create the hardship. <br />