PL MINUTES 06161987 - Laserfiche WebLink

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• 1 -7- 2 3 compensate the owners. Commissioner Hansen said he just wanted to know 4 who had filled out the application for a variance, filling in Mr. 5 Campbell' s name as the owner. 6 7 Mr. Cadwallader stated that, as an agent to Mr. Campbell, he had signed 8 both his own and Mr. Campbell' s name on the bottom of the document. He 9 said he had filled in Mr. Campbell' s name as owner because that was what 10 "I had been told by Mr. Campbell and to the best of my knowledge was 11 the case." 12 13 Mr. Childs indicated he would check with the City Attorney to see 14 whether the fact that- there was an agreement to sell had any bearing in 15 view of the fact that the variance goes with the property and -not the 16 owner. He also pointed out that even an error in the hearing notice 17 would not have nullified the hearing itself. 18 19 Commissioner Werenicz suggested the City Attorney also be requested to 20 look at the probate records to see if Don Flynn was the only person who 21 could sell this property. 22 23 When Chair Franzese asked Mr. Campbell what he intended to do about the 24 drainage on the lot, the contractor said he planned to build a split 25 level house without a full basement and would provide any swale the City 26 believed necessary to handle the runoff. He said the company who had 027 made a soil test of the parcel had not indicated they anticipated any 28 water problems.. 29 30 Mr. Hoxmeier said if the grade of that parcel is raised, he certainly 31 expected to have water problems. Marjorie Shaddrick stated that she had 32 a hard time understanding why the City was considering any development 33 of this lot since they had turned down a request because the lot was . too 34 small in 1979. The Chair told her the lot' s R-2 zoning permitted either 35 a two or one family dwelling to be constructed there and since the 36 request for a duplex had been turned down, the owner has every right to 37 seek approval for a single family residence. 38 39 Mr. Childs read the portion of the American Laws on Zoning which he had 40 included in the agenda packet which applied to "substandard" lots, which 41 seemed to indicate not allowing the owner to build at all would be 42 considered "taking" of the property for which the City would have to pay 43 compensation. He said an unreasonable sized house could be regulated, 44 but since this house would only be 11 square feet less than the 45 Ordinance required, the Manager doubted that was possible in this case. 46 However, the City can require that the driveway come off Roosevelt and 47 that drainage be provided to prevent a negative impact on the neighbors' 48 property, he added. 49 50 When the Manager said the only other use he perceived for that property 51 would be a park, 'Mr. Shaddrick said he thought some of the neighbors who P52 had signed the petition against a house being built there had children 3 like himself and would welcome the City' s picking up the property for 54 that purpose. He indicated that, in view of the potential for a traffic