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CC MINUTES 04221986
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CC MINUTES 04221986
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12/31/2015 8:35:25 AM
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12/30/2015 5:53:35 PM
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21
SP Folder Name
CC MINUTES AND AGENDAS 1986
SP Name
CC MINUTES 04221986
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-2- <br /> Mr. Soth indicated he had also noticed the omission and perceived it might also be <br /> advisable to address the conditions under which the City Ordinance allowed a sub- <br /> division without platting. <br /> The Manager said he perceived the Commission had considered those conditions had been <br /> addressed when similar lot splits had been approved across the street which they <br /> considered to have set the precedents for similar treatment of this property. <br /> Mayor Sundland indicated he perceived the hardship in this case was �that there was <br /> not enough square footage left for the owner to be able to maximize the use of his <br /> property under the ordinance. <br /> Councilmember Marks wondered whether the changing of the lot size might not have to <br /> be handled through an ordinance change and Mr. Soth told him that would be a better <br /> way to do it if a whole area were involved, but his perception was that it would <br /> not be appropriate to amend the ordinance for only one lot. <br /> The question was raised whether there were other parcels in the area which had the <br /> potential for the same treatment and the Manager indicated the only remaining parcel <br /> on which this would be possible would be the property across Fordham Drive south of <br /> the ones McGinn had developed which he perceived, because of the better condition <br /> of the existing structures, would probably not happen for-;some time. <br /> Mr. Childs stated the conditions he perceived to be present with the request which <br /> could meet the ordinance definition of "hardship", namely, that the difficulty in <br /> developing the land .had not been self-imposed and had not resulted from something the <br /> owners had done; the difficulty had resulted in part from the unusual circumstances <br /> related to the lot size; imposing the ordinance would cause a hardship for the property <br /> • owners; and, finally, the sole purpose of the variance was not primarily to bring <br /> economic gain to the owners. <br /> Councilmember Marks said that, because this is the only 60 foot lot left to develop <br /> in that area, he could accept that fact as the basis for the "hardship" which had to <br /> be demonstrated since he perceived the only other option left the owners if their <br /> request is denied would be to use the land for a park. <br /> Commissioner Hansen said he also perceived the Commission had considered the hardship <br /> had been established when the City accepted similar lot splits across the street <br /> and the Commission representative indicated he was confident the rest of the <br /> Commissioners would have no problem with the findings stated by the Manager. Mr. Soth <br /> proposed wording for the findings related to the subdivision. <br /> Motion by Councilmember Ranallo and seconded by Councilmember Marks to approve the <br /> subdivision without platting of the 134 foot wide by 133.05 foot long parcel of <br /> land owned by Arvid and Eleanor Johnson at 4008 Fordham Drive N.E., described as <br /> Lot 4, Block 5, Mounds View Acres 2nd Addition, except the north 34.5 feet thereof <br /> lying east of the west 163.07 feet thereof, into two parcels, 60 feet by 133.05 <br /> feet and 74 feet by 133.05 feet, which would result in the newly created lot "A" <br /> being 7,983 square feet where 9,000 square feet is required by ordinance, on the <br /> condition that the new structure is constructed no closer than 10 feet from the <br /> north property line which would provide at least 14 feet between the two structures <br /> on Lots "A" and "B", and further granting width variances for both lots which would <br /> then be 74 feet and 60 feet wide, where 75 feet is required. In regard to the sub- <br /> division without platting, the Council finds that: <br /> • 1 . Compliance with the platting requirements of Section 330:61 would create an <br /> unnecessary hardship because of the nature of the subdivision; and <br />
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