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<br />own the northern portion of the parcel. He noted there is an existing home on the lot which <br />would remain. <br /> <br />Chairperson VanScoy asked if the proposed variance would grant the right to build on the lot. <br /> <br />Associate Planner Gladhill replied the intention is that if in the future the property owner desires <br />to expand its footprint of the existing structure, it would go through a conditional use permit <br />process or a variance. He noted that the City is creating a lawful non-conforming lot because of <br />the variance and added the declaration of restrictive covenants will be part of the metes and <br />bounds subdivision request. <br /> <br />Board Member Cleveland asked if there is any way that the City could ensure that the property <br />owner would not be required to go through the CUP or variance process in order to build a new <br />structure on the lot, since the City is the party initiating the variance request. <br /> <br />Associate Planner Gladhill replied that staff has talked with the property owner and discussed the <br />procedures with them and they signed the purchase agreement. He agreed to further research the <br />specific procedures for expanding the footprint. He stated given the fact the City has a water <br />tower going up here, if City sewer and water becomes available in this area, staff would consider <br />that for this area in the future. He indicated this area will remain R-l but in the future, he would <br />anticipate that it will become low density residential. <br /> <br />Citizen Input <br /> <br />There was none. <br /> <br />Motion by Board Member Nixt, seconded by Board Member Cleveland, to close the public <br />hearing. <br /> <br />Motion Carried. Voting Yes: Chairperson VanScoy, Board Members Nixt, Cleveland, and <br />Rogers. Voting No: None. Absent: Board Member Hunt. <br /> <br />The public hearing closed at 7:37 p.m. <br /> <br />Board Business <br /> <br />Chairperson Van Scoy called the Board of Adjustment meeting back to order at 7:37 p.m. <br /> <br />Assistant City Engineer Himmer stated it is a requirement of the purchase agreement for the City <br />to acquire this variance on behalf of the property owner. He added the City's position on the <br />variance is that the landowner is not creating the hardship, because the City is the one coming in <br />and acquiring the property in lieu of condemnation. <br /> <br />Ex officio Board Member Brauer stated there appears to be better access to the park from a <br />different lot. <br /> <br />Board of Adjustment/January 8, 2009 <br />Page 5 of7 <br />