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<br />I <br /> <br />I <br /> <br />I <br /> <br />Council Minutes <br />Apri 1 10, 1984 <br /> <br />Motion by Schmidt, seconded by Janecek, to APPROVE LP-156 <br />SUBJECT TO CONFORMANCE WITH THE BUILDING PLANS AS SUB- <br />MITTED MD SIGNED BY THE APPLICANT (THERMO-KING) AND CITY <br />PLANNER. <br /> <br />5 Ayes - 0 Nayes, Motion Carried <br /> <br />Krueger reviewed staff report indicating the Planning <br />Commission recommended approval of the variance. <br /> <br />Harcus asked for clarification of the property being <br />platted after the ordinance went into affect. <br /> <br />Krueger responded that is was platted over a long <br />period of time and that the surveyor was not aware of <br />the ordinance change, but that staff felt it could be <br />developed as on the plat. <br /> <br />Blomquist asked if we should have notified them at the <br />time that there was a problem. <br /> <br />Krueger indicated that they should have been aware of <br />the change. Even with setback requirements changing, <br />staff felt the site could still be developed. <br /> <br />Benke indicated that the minutes reflect that a house <br />cou1 d be bui It without a variance, then asked i fthe <br />house would be compatible with the neighborhood and I <br />woul d that constitute 'a hardship? <br /> <br />Schmidt asked, assuming the house is custom-built, <br />whether we could find there is a hardship on the basis <br />of someone not picking up what change had occured or <br />table for redesign (two-story or other creative design). <br /> <br />Ken Sjodin, Remington Builders representative, indi- <br />cated that the lot is assymetrical on cul de sac, a <br />two-story home would not be appropriate on the corner <br />(three-sided corner), the plat was approved about <br />eightlDOl1ths prior to the ordinance change going into <br />effect and the surveyor did not pick up the change. <br /> <br />Blomquist asked about location of other two-story <br />homes. <br /> <br />Sjodin indicated that the nearest two-story structure <br />is about two blocks away, and this particular lot is <br />a higher lot with ramblers already on the cul de sac. <br /> <br />LeFevere indicated justification for hardship would be <br />irregular shaped lot (odd size, topography). If Council <br />dstermin€s this is a hardship, then they have to deter- <br />mine if the extent of the hardship justifies the extent <br />of t~e vari anc€ and if the granti ng of the variance is <br />consistent with the spirit of the ordinance. <br /> <br />Page Three <br /> <br />Setback Variance, <br />Remington Builders <br />Report 84-89 <br />Resolution 84-43 <br />