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09-10-1984 Council Minutes
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09-10-1984 Council Minutes
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MINUTES OF THE REGULAR COUNCIL MEETING HELD SEPTEMBER 10, 1984 . PAGE 3 <br /> #820 LONIE FISR 5 . The requests that are being requested are <br /> consistent and within the rangesof variances that <br /> the City has approved or granted within the last <br /> two years. <br /> 6 . No adjacent property is available for this owner <br /> to acquire. <br /> 7 . There is a sewer stub available to the property and <br /> one half the property has been assessed for that <br /> sewer service. <br /> 8. There are other patterns in the neighborhood of <br /> combining lots for development and those have been <br /> approved by the City. Lots in the general area do <br /> not meet the current zoning standards as far as <br /> meeting the 1 acre minimum requirement. <br /> 9 . The proposed building envelope meets all <br /> standards of the City as far as setbacks , <br /> hardcover requirements, and use requirements . <br /> Hoffman stated that his attorney' s office had reviewed <br /> the City records of similar variances in the last two <br /> years and that no variances that have been heard have <br /> been denied. Hoffman stated that every request for a <br /> variance for the last two years of properties similar <br /> to the Fisk application have been granted. Hoffman <br /> stated that the requests that they have are well within <br /> the ranges of those variances that have been granted. <br /> Hoffman stated that about three or four years ago, his <br /> attorney' s office had a matter before the City at which <br /> time they researched the City' s records and f ound that <br /> the City' s actions were very consistent with the <br /> actions as the past two years . Hoffman stated that <br /> the courts do recognize past actions of a municipality <br /> and are of some significance of whether a particular <br /> variance should or should not be granted. <br /> Hoffman stated should be looked at is whether or not <br /> the property is zoned for the intended use which is <br /> residential, whether the land is suitable for that use <br /> which is residential, whether or not there is evidence <br /> in the record that it would be harmful to the general <br /> health, safety or welfare or morals in the particular <br /> area, or whether or not denial would leave the property <br /> owner with a situation where that owner may not have <br /> equal protection whereas you have allowed other <br /> property owners in the City. <br /> Hoffman noted that the appraisal that was submitted <br /> was done by Lawrence Emond. Hoffman stated that it is <br /> Emond's opinion that the general value of residents in <br /> the immediate neighborhood are in the area of $60- <br /> 85,000. Hoffman stated that Fisk' s value would be <br /> around $90 , 000 upon completion. Hoffman stated that <br />
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