Laserfiche WebLink
mgs <br />before <br />le family <br />Village <br />ial half- <br />e of the <br />adopted <br />t before, <br />self was <br />time <br />n said <br />on-conform <br />has not <br />ited by <br />ever <br />Code. <br />he con- <br />already <br />violation <br />hat the <br />feet <br />y of <br />■ --'V ;• • i • . •^ '.7 <br />in such a way so they will be conducive to their ultimately <br />being phased out. An addition to an existing, non-conforming <br />use building, is an expansion or extension of that non- <br />conforming use. Allowing the construction of an addition <br />will considerably lessen the likelihood that it will <br />be eliminated in the foreseeable future unless the property <br />owners agree to restrict the use in the future or agree to <br />phase out* non-conforming uses on the property. Strict <br />enforcement of the ordinance and the prohibition of such <br />construction will enhance the possibility that the <br />conforming use will be eventually phased out and such <br />ordinances are a reasonable means to the end of establishing <br />a uniform residential area. <br />11. The denial of any variance here would not const! <br />tute a taking of property and there are no unique conditions <br />to justify the granting of a variance except the one to be <br />discussed hereinafter. <br />12. Dr. Seifert has agreed that his intent is to <br />eventually make the entire use of the property conforming <br />under the present Zoning Code of the city. Dr. Seifert <br />alleges that he cannot afford to agree to eliminate one <br />or more structures on the property or to limit the use of <br />those structures for uses consistent with the Zoning Code, <br />unless he is able to build this addition to the home and <br />to phase out by means of an agreed upon schedule, the non- <br />conforming use of the property. <br />13. Based upon the above facts and the willingness <br />of the proper,ty owner to remove the non-conforming aspects <br />of the use*, and the agreement contained herein, the City <br />Council finds that on these facts alone, and only because of <br />the unique circumstances involved, the City Council grants <br />variances set forth hereinafter subject to the terms and <br />conditions set forth. Said variance is contingent upon the <br />aqrG0inent by Dr. and Mrs. SGifert and all other ownerS'of <br />the property to the ter'ms hereof. Any variance granted <br />hereby shall not be effective until this agreement is signed <br />by such owners. The City Council specifically'finds that in <br />the event that for any reason the terms of this agreement <br />are not adhered to by Dr. and Mrs. Seifert or their succes­ <br />sors, or if some court of competent jurisdiction refuses to <br />uphold the terms hereof, the City Council would not have <br />approved this yari^^ice and automatically rescinds such <br />variance. <br />The parties hereto agree as follows; <br />1. The city grants the variance from the hardcover <br />provisions, minimum lot size provisions, created by four^ <br />sepabete structures on the lot, minimum lot width provision, <br />and use provisions of the Zoning Code to allow for the <br />construction of an addition to the principal structure <br />pursuant to plans and specifications dated 2-29-80 and <br />the revised site .plan dated 3-12-80, now on file with the City. <br />-3- <br />■-•v'-Vt’4 <br />The a <br />in th <br />attac <br />be re <br />sale <br />the € <br />as oi <br />remo\ <br />the I <br />there <br />asses <br />there <br />in ol <br />proce <br />spec: <br />any < <br />herel <br />and i