Resolution 1165 - Laserfiche WebLink

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- in such a way so they wi11 be conducive to their ultimately ' being phased out. An addition to an existing, non-conforming use building, is an expansion or extension of that non- conforming use. Allowing the construction of an addition wi11 considerably lessen the likelihood that it will be eliminated in the foreseeable future unless the property owners agree to restrict the use in the future or agree to phase out nan-conforming uses on the property. Strict enforcement of the ordinance and the prohibition of such construction will enhance the possibility that the non- . conforming use will be eventually phased out and such ordinances are a reasonable means to the end of establishing a uniform residential area. 11. The denial of any variance here would not consti- � tute a taking of property and there are no unique conditions to justify the granting of a variance except the one to be discussed hereinafter. 12. Dr. Seifert has agreed that his intent is to eventually make the entire use of the property conforming under the present Zoning Code of the city. Dr. Seifert alleges that he cannot afford to agree to eliminate one or more structures on the property or to limit the use of those structures for uses consistent with the Zoning Code, unless he is able to build this addition to the home and to phase out by means of an agreed upon schedule, the non- conforming use of the property. 13. Based upon the above facts and the willingness of the property owner to remove the non-conforming aspects of the use, �nd the agreement contained herein, the City Council finds that on these facts alone, and only because of the unique circumstances involved, the City Council grants variances set forth hereinafter subject to the terms and conditions set forth. Said variance is contingent upon the agreement by Dr. and Mrs. Seifert and all other owners of the property to the terms 'hereof. Any variance granted hereby shall not be effective until this agreement is signed by such owners, The City Council specifically fi�ds that in the event that for any reason the terms of this agreement are not adhered to by Dr. and Mrs. Seifert or their succes- sozs, ox i� som� court of competent �urisdiction refuses to upho�d the terms hereof, the City Council would not have approved this va�iance and automatically rescinds such yarianc�. The parties hereto agree as follows: 1. The city gzants the variance from the hardcover prov�s�Qns, m�nimum �ot Size provisions, created by four $e�a�a�e struc�ures on the 1ot, minimum lot width provision, and use pxpvisions of the Zpning Code to allow for the construction Qf an addition to the principal structure pursuant to plans and specif�cations dated 2-29-80 and the revised site_ _plan dated 3-12-80, now on file with the Citv. -3-