09-10-1984 Council Packet - Laserfiche WebLink

Home Browse Search

MINUTES CF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984. PAGE I #020 LONIE FISR 5. The requests that are being requested are consistent and within the ranges of variances that the City has approved or granted within the last. two years. 6. No adjacent property is available for this owner to acquire. There is a sewer stub available to the property and one half the property has been assessed for that sewer service. B. There are other patterns in the neighborhood of combining lots for development and those have been approved by the City. Lots in the general area do not meet the current zoning standards as far as meeting the 1 acre minimum requirement. 9. The proposed building envelope meets all standards of the City as far as setbacks, hardcover requirements, and use requirements. Hoffman stated that his attorney's office had reviewed the City records of similar variances in the last two years and that no variances that have been heard have been denied. Hoffman stated that every request for a variance for the last two years of properties similar to the Fisk application have been granted. Hoffman stated that the requests that they have are well within the ranges of those variances that have been granted. Hoffman stated that about three or four years ago, his attorney's off ice had a matter before the City at which time they researched the City's records and found that the City's actions were very consistent with the actions as the past two years. Hoffman stated that the courts do recognize past actions of a municipality and are of some sigi,ificance of whether a particular variance should or should not be granted. Hoffman stated should be looked at is whether or not the property is zoned for the intended use which is residential, whether the land is suitable for that use which is residential, whether or not there is evidence in the record that :t would be harmful to the general health, safety or welfare or morals in the particular area, or whether or not denial would leave the property owner with a situation where that owner may not have equal protection whereas you have allowed other property owners in the City. Hoffman noted that the appraisal that was submitted was done by Lawrence Emond. Hoffman stated that it is Emond'n opinion that the general value t:f residents .in the immediate neighborhood are in the area of $60- 85,000. Hoffman stated that Fisk's value would be around $90,000 upon completion. Hoffman stated that