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-4- 1 for a setback variance and subdi'visi'on without platting to move the property line �._� _2__between the two properties owned by Roger Bona to permit the construction of an 3 addition to the Standard Station building at 2812 27th Avenue N.E. 4 5 Motion carried unanimously. 6 7 At 8:42 P.M. , the Chair opened the hearing to consider the request from Michael and 8 Carol Jindra, 3001 Hilldale, for an interpretation of the City Zoning Ordinance to 9 designate the front of that corner lot to be on Silver Lake Road for the purpose 10 of determining setbacks for that property. 11 12 Chair Franzese read the notice of the hearing which had been published in the 13 January 21st,,BU11,&tan and mailed to all property owners of record within 200 feet of 14 the subject property. No one present reported failure to receive the notice or 15 objected to its content. 16 17 The Manager reported receiving .two calls from persons receiving the notice. The 18 first was from a neighbor on 33rd Avenue N.E. who had no concerns about the Jindra 19 property per se, but wanted to make sure the City would be continuing the Silver 20 Lake Road pathway on that side of the street for the school children who used to 21 cut across that property when it was vacant to reach the Middle and High Schools 22 across 33rd. The other caller, Mr. Childs said; offered no objections to the 2 3 request once she understood just what was involved. 24 2 5 The Manager then reiterated the background history of builder and staff error which 26 had resulted in the Jindra home being si;ted -on the lot with an inadequate rear 7" yard setback which he had discussed In his December 18th and January 17th memoranda 0'%��2-8- at the same time he -had recommended the Commissioners make the same interpretation 29 as they had in four or fi:ve.previous cases in the last few years, that where a 30 house is built or added to on a corner lot, the short side of the lot be treated as 31 the front for setback purposes, thus eliminating the need for a variance. Mr. Childs 32 indicated he persisted In his belief that the City, as all the other communities 33 he has worked in have done, should make this a standing ordinance interpretation 34 so further hearings would not be necessary when the six or seven corner lots which 35 remain undeveloped in the City are built on in the future. 36 37 Mr. Jindra was present to seek Commi.ssion help with the dilemma he and his wife 38 found themselves in. He said his understanding had been that all the required 39 documents had been submitted to the City by his builder. ' 41 The hearing was closed at 8:48 P .M, for the development of the following recom- 4 2 mendation to the Council . 43 44 Motion by Commissioner Bowerman and seconded by Commissioner Hansen to recommend 45 the Council interpret that the front of the corner -lot at 3001 Hilldale is on Silver 46 Lake Road for the purpose of determining setbacks; finding that: 47 48 1 . Errors and omissions which occurred in the siting of the structure on the lot 49 could, or, could not have been .the fault of the owner; 50 51 2. The structure. is already in place and it would cause a substantial , if not 52 disastrous, hardship for the owner to require it be moved; _ 5354 3. There was no neighbor objection to the solution stated in the notice of the 55 hearing; and there have been at least three instances in the last two years where 56 similar requests for the same interpretation for corner lots have been approved,