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'i,1 <br />NiaOTBS OP THE PUamiHG COMMISSIOH lll£¥lllG HELD JIPfaL 20, 1987 <br />#1119 W. DUBCAN MadULLMI <br />1700 FOX STREET <br />CXJMDITIOBAL OSB PERMIT <br />SBCOMD REVIEW <br />Present for this matter were: R. James McNulty, <br />President of McNulty Construction Co.; Edward Hasek, <br />Site Planner from Dahlgren & Shardlow; Todd Andrews, <br />applicants Attorney; W. Duncan MacMillan and other <br />family members. <br />Assistant Zoning Administrator Gaffron explained the <br />request for 1) conditional use permit to allow a <br />caretakers house to be constructed on the same lot as <br />the principal residence; 2) variance to allow <br />construction of recreation/tennis court facility <br />(accessory structure). This application was tabled at <br />the March meeting in order for staff and applicant to <br />adress the issues of concern relating to the degree of <br />variance requested (1500% variance), the potential <br />future use of the structure and methods to control or <br />limit such use, and site planning considerations (septic <br />location in relation to driveway, screening). <br />Chairman Kelley noted the concern for a <br />"hardship". <br />proven <br />Assistant Zoning Administrator Gaffron noted that in a <br />legal opinion provided by City Attorney Blatz,she <br />concludes that a variance denial based on whether there <br />is a part-time or full-time utilization of the property <br />is not a legal basis, and the Planning Commission and <br />Council should review the proposal in relation to the <br />degree of variance requested and the hardships presented <br />as justification for the variance. <br />I <br />Mr. McNulty explained the proposed covenant which the <br />applicants intend to have filed in the chain of title in <br />order to assure the City that no commercial or corporate <br />use of the tennis court facility is intended or if the <br />the property were ever sold or subdivided, the tennis <br />court facility would be bound with the main residence <br />parcel. He further explained that due to the soil and <br />water table, there is a hardship involved which dictates <br />the placement of the tennis court. He showed renderings <br />of the proposed year around screening in attempt to <br />minimize the impact on the neighborhood. He noted that <br />they have met with all the surrounding neighbors (except <br />one) who have all indicated support of the proposal. <br />Mr. Hasek explained in detail the natural year around <br />screening to be provided.