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MimiTBS OF THE PIAIINIIIG O SSIOM IflllG SBpnaiBBR 19, 1988 <br />•JZONING PILB il328-H0mRD JOHNSON OOHTIN1 <br />line. The lot line rearrangement is necessary because the <br />neighboring property, owned by the Trainors, encroaches <br />apprv*>ximately 1' over the property line onto the Johnson <br />property. The proposal entails moving the lot line to allow a 5' <br />setback for the Trainor house. Gaffron asked why the Trainor <br />property should not not comply with the 10* setback standard? <br />Mr. Johnson responded that he is giving the land to the <br />Trainors as a result of a torrens proceeding that occurred back <br />in 1968. After discussion with the Trainors, there had been a <br />mutual agreement that Mr. Johnson would go ahead with the lot <br />line rearrangement. He obtained Council approval for his <br />proposal, but the documents showing the change in the lot line <br />were never recorded. Planning Commission member Johnson noted <br />that if such documents were not recorded they became null and <br />void after 6 months of being executed. <br />Chairman Kelley told the Planning Commission members that <br />they would need to make a determination between a 5' setback or a <br />10* setback. Planning Commission member Johnson stated that in <br />his opinion, the 10* setback standard should be upheld. <br />Planning Commission member Cohen agreed with Johnson. He added <br />that what happened 20 years ago cannot be of any concern at this <br />point. Kelley stated that the applicant was requesting approval <br />for 5*. <br />Mrs. Trainor spoke and indicated that their house was built <br />in 1951 and there have been no additions since that date, except <br />on the south side. <br />There were no comments from the public regarding this matter <br />and the public hearing was closed. <br />^It was moved by Chairman Kelley, seconded by Planning <br />Commission member Johnson, to recommend denial of a 5* sideyard <br />setback variance as requested in application #1328. Assistant <br />Planning and Zoning Administrator Gaffron interjected that denial <br />of this application would disallow Mr. Johnson from revising this <br />matter and coming back before the Planning Commission. However, <br />tabling this would provide him with that opportunity. Kelley <br />asked Mr. Johnson if he would prefer to have the matter tabled. <br />Mr. Johnson responded affirmatively. Kelley withdrew his motion, <br />Johnson withdrew his second of the motion. It was moved by <br />Kelley, seconded by Johnson, to table #1328. Motion, Ayes^S, <br />Nays=0, Motion passed. <br />#1330 FULLERTON PROPERTIES, INC. <br />880 TONNLINE ROAD <br />CLASS III PRELIMINARY SUBDIVISION <br />PUBLIC HEARING 8:20 P.N.-8:43 P.M. <br />The Affidavit of Publication and Certificate of Mailing were <br />noted.