PL MINUTES 12191989 - Laserfiche WebLink

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• 7 1 recommending that the variance be granted because it would 2 have no effect on other persons , their. property, or the 3 appearance of the area, but that he had some concern as to 4 whether or not the Commission could consider an affirmative 5 answer to Question Number 3 proper . 6 7 Commissioner Brownell stated that Question Number 3 asks 8 whether the hardship is "created" by the person having an 9 interest in the land , and that I•fr . Nedegaard did not create 10 the pr:.blem but assumed the situation as it existed, which 11 was crated by the ordinance , because the ordinance . 12 evidently approved the plat in its current configuration . 13 He cor-:ented that it was unfortunate that the Commission did L ? r:1 C.; 15 _i:<<e : __ t.h it r p=rusa1 . 16 17 Commissioner Hansen stated that he agreed with Commissioner 18 1'Y aane . r:- &. cla ne-d ;.hat the prcNhieri w=_ be-cause 19 the fc=-tings were poured and the blocks were laid in the 20 wrong :lace , not because of the ordinance . He commented 21 that _e interpretation of th= great 'c:n of the situation 22 might 'e best left to the City Attorney ' s determination . • 23 Commissioner Hansen . commented that his view of the situation 24 was that an honest, legitimate mistake had been made which 25 would cost a lot of money to correct , and that the city 26 ordinance did not restrict the individual at all in the 27 situation . Fe recalled a similar situation in the recent 28 past on Silver Lake Road, and commented that people should 29 not assume that the city will make allowances for expensive 30 mistakes . Commissioner Werenicz confirmed Commissioner 31 Hansen ' s recollection . of the Silver Lake Road situation . 32 33 Commissioner Hansen stated that he would, however, be in 34 favor of recommending the variance since there was no 35 opposition to it. He acknowledge that it would be very 36 expensive to correct the mistake, and that no harm would be 37 done by allowing the project to continue as begun. 38 39 Chairperson Madden stated that he agreed with Commissioner 40 Hansen and had no objection to continuing the project as 41 begun . He commented that he felt the four-foot distance 42 between the retaining wall and the right of way is a 43 dangerously short distance , and felt that a guardrail should 44 be installed to protect pedestrians and bicyclists . 45 Commissioner Wagner agreed with the guardrail 46 recommendation. 47 48 Commissioner c+erenicz stated that he was not opposed to the 49 varianc;_a request . He commented that Mr . I3edegaard had built 50 his hc-_se and that , in the interest of fairness he would