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01-26-1981 Council Minutes
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01-26-1981 Council Minutes
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n Page 10 <br /> MACKALL. CROUNSE c5� MDOR;� <br /> r9r. Bruce Malkerson Jznuary 12 , 19fl1 <br /> Page Seven <br /> b. The subdivision will not be detrimental . <br /> to the public welfare or injurious to , <br /> other property in the area; and <br /> l� � c. The variai�ce is necessar for the <br /> �P � y <br /> /� � preservation and enjoyment of a sub- <br /> ♦�� �Ir stantial property right of the <br /> �,�•� applicant. <br /> The Ordinance further directs that the Council should consider <br /> the proposed use of the land, the existing use of the land in <br /> the vicinity, the number of persons to reside in the proposed <br /> subdivision, and the probable effect of the subdivision on <br /> traf f ic . ' <br /> It seems patently clear that Mr. Hepp' s <br /> ��" application complies in all res pects with the standards <br />���� contained in the Ordinance. i•ir . Hepp ' s present home lies <br /> within the lot to be divided. There has been no showing that <br /> this request wili be in any way detrinental to the public <br /> welfare or injurious to any other property. The subdivision <br /> is necessary for the preservation of Mr. Hepp' s right to use <br /> and enjoy his property. <br /> In regard to this final factor, it should be <br /> � � pointed out that because of Mr. Hepp ' s move to Italy, it is <br /> an economic necessity that he sell his existing residence. <br /> He desires to return to this neighborhood upon his return, <br /> and his only opportunity to be assured of doing so is to be <br /> able to divide this property and retain a locati-on to build <br /> _ a home upon his return. rlr . Hepp' s lot is huge, even by the <br /> extravagant standards of his neighborhood, and he, like any <br /> other residential landowner, should b� entitled to the full <br /> use and economic benefit of the entire parcel , particularly <br /> when there is no adverse imoact upon the community or any <br /> other landowner as a result of the full use of his property <br /> rights. <br /> With respect to the other factors set forth <br /> in the Ordinance, it should be noted that : <br /> 1) The proposed use of the land is identical <br /> �� to its present use and the use of all other parcels in the <br /> � vicinity; <br /> � � 2) The numher of persons that will reside on <br /> � � the newly created parcel will be four : Mr. and Mrs. Hepp, <br />�o � and their two �hildren , t�eather , 11 , and Jason, 9. <br /> 5�6/� <br /> t, �,r,''"'j'� <br />
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