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I:(AILAR OHOUO COUNCI 1. 10, 19114 1'AGI{ 9 <br />Glenn Troberg, Johnstone's attorney, noted the Smith <br />variance application which seta precedent when Council <br />approved it on March 15, 1984, which is identical to <br />this with the following findings: <br />1. Noother land available. Troberg noted that in the <br />Johnstone's case there is no land available. <br />2. Lets were developed on both sides of the property. <br />Troberg noted this is the same in the Johnstone's <br />case. <br />3. Property was served with sewer and water. Troberg <br />stated that the Johnstone's property i s served with <br />sewer and water. <br />4. Proposed house and improvements can be constructed <br />without the need for additional variances. <br />Troberg stated that this is the case with the <br />Johnstone's application. <br />5. Applicant purchased the property not knowing the <br />existing ordinances. Troberg noted that in the <br />Johnstone's case, the applicant had the property a <br />long time before the existi:g ordinances were <br />adopted. <br />6. Granting a variance would have no negative affect <br />to the public health, safety and welfare. Troberg <br />stated that here the Johnstone's application would <br />have no negative affect on the public health, <br />safety, and welfare. <br />7. Granting a variance would be consistent with the <br />area. Troberg stated that the Johnstone <br />ap,:ic�tion fits right in with the existing <br />neighborhood. <br />Councilmember Grabek moved, Mayor Butler seconded, to <br />approve a variance for Barth/Johnstone and direct staf f <br />to draft a resolution of approval incorporating the <br />following findingF: <br />1. Theproposal can meet all harr:cc.:,c.r requirements of <br />the LR-1C zoning district. <br />2. All setback requirements for the new lot can be met. <br />I. From the tax record it appears that the lot has been <br />valued and assessed as a separate lot, not <br />incrementally as part of the adjacent property. <br />4. The applicant has owned the property since before <br />the current zoning went into effect. <br />