PL PACKET 02201990 - Laserfiche WebLink

Home Browse Search

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 Mr . Nedegaard did not create 10 the problem but assumed the situation as it existed, which 11 was created by the ordinance , because the ordinance 12 evidently approved the plat in its current configuration . 13 He commented that it was unfortunate that the Ccm;nission did 14 not have the final apprcved plat available to `h=... at th s 15 time for their perusal . 16 17 Commissioner Hansen stated that he agreed with Commissioner 18 Wagner . He explained that the problem was cr=ated because 19 the footings were poured and the blocks were laid in the 20 wrong place , not because of the ordinance . He commented 21 that the interpretation of the creation of the situation 22 might be 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 . He 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 Werenicz stated that he was not opposed to the 49 variance request . He commented that Mr . Nedegaard had built 50 his house and that , in the interest of fairness he would