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City Council Regular Meeting Minutes • November 22, 1994 Page 3 1 Franzese explained that the lot did not meet all four criteria for granting a variance in a 2 hardship case. She listed the four criteria necessary as follows: 1. The property cannot 3 be put to a reasonable use without the variance. 2. The circumstances causing the 4 hardship were not created by the owner. 3. The variance, if granted, will not alter the 5 essential character of the locality. 4. Economic considerations alone are not the basis of 6 the hardship. The Planning Commission noted that the lot was of substandard size. This 7 could meet the first requirement but the items related to the other three criteria involve 8 the owner and not the property. 9 Harry Schroeder, Tom Schroeder's father spoke on behalf of the applicants. He stated 10 that he was the architect that designed the proposed home that the Schroeder's would like 11 to build on the lot. He reported that the existing house was built in 1952. In 1963,the lot 12 was subdivided. The City Ordinance regarding lot coverage was not in place at that time. 13 The Schroeders purchased the house in 1991. He provided an overhead of a sketch of a 14 hypothetical house design which would fit on this lot and adhere to,the existing lot 15 coverage ordinance. The house could only be 975 square foot, allowing for a double 16 garage and driveway, to fit within the lot coverage ordinance. He stated this would not be 17 practical as the house would have no resale value. For this reason, the variance is creating a special extraordinary circumstance. He stated that at this time, the approximate value of the property is $60,000 with the lot being $20,000. If the scheduled plan is 20 implemented, the Schroeders would lose $40,000 due to the demolition. He stated that 21 the Schroeders have approached the owner of the land directly south, north, and east of 22 their lot but they have not been successful in purchasing any of this land. He stated that 23 the neighbors in the area, are enthusiastic about the Schroeders project. Referring to the 24 four criteria necessary to grant the variances,he stated that they were met as follows: 1. 25 The property cannot be put to reasonable use because a 975 square foot house would'not 26 be appropriate to St. Anthony and would not have a resale value, as such. 2. The 27 hardship was not created by the owner, as it was created when the land was subdivided 30 28 years ago. 3. The variance will not alter the essential character of the locality. 4. The 29 Schroeders in demolishing their existing home will experience a monetary loss, rather 30 than a monetary gain, so economic considerations are not the basis of the hardship. 31 Mr. Botnick,the owner of the property south,north and east of the Schroeder lot, stated 32 that he has been negotiating with Bill Nygard regarding a proposed construction 33 development on his land and Nygard is interested in the project. Mr. Reed, another 34 adjacent property owner had expressed interest in selling his house and the land behind. 35 He stated if Mr. Reed were to do this, Mr.Nygard could then buy both lots, demolish the 36 homes, and split the lots in two, selling a larger lot to the Schroeders. He felt this would 37 be a better solution for all involved but he has not yet received a commitment from Mr. 38 Reed or Mr.Nygard.