Agenda - Council - 07/12/2005 - Laserfiche WebLink

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Board Member Johnson reiterated he is sympathetic to Mr. Deemer's predicament, and knows it has not been an easy experience. Board Member Levine agreed with the other Board Members, stating there is a lot of history on the table. He stated their obligation going forward is to eliminate this type of thing and make decisions based on the rules and regulations they have in place. Mr. Deemer stated the underlying reason for the variance is that he sat on the Planning Commission, so there were some things he could nor c~o;:. He indicated he objected to the moratorium in 1997. He stated when he sat on the Board:h~:-d~0esi]5~iieve they allowed area for County roads to calculate gross density, and he. ig::sure':~that'thiS:~hange occurred after that happened. He indicated this goes back to 1980 ~yhen:Coun~:~R0ads:were only 66 feet, and the City was trying to help preserve the 120 feet-ri:ght-of'W~'!:.ith~yi:ih'a',~'e:_now ?H.e stated to compensate land owners for that additional righ~-o'f:Way the? allowed"that)space::l~.~be used to calculate density. · ..... '.'~ '- ' :::.- '~ -' Board Member Brauer stated he understands the co:'n-cemx~:u~- cf~es~ not see it as-a justification for zoning. He indicated his property was zoned differently sikY'~a~s a~.,. and did not even have a house on it. He stated he would not be able to'comem, now and say he'-~ants to put an apartment building on the property because it used tob~e:z6ne~differently · '::: ~' Mr. Deemer stated the moratorium kept him from de~elop~gW-hen it was zoned differently. Board Member Brauer noted that. was seven or ejght' years agq. Mr. Deemer indicated that unt!¢-a"fe~ months ag6he-tha~kl~'he had the right to build eight units. Board Member Brauer st'at;d:'h~':~kmpathizes with Mr. Deemer's plight, and agrees it is not pleasant what has happened on' thi~'i~rO~erty, but indicated if the Board of Adjustment grants this variance they are' opening up a whole cm' Of.worms on other properties. Mr. Dee. r~er ~tated he 'beti~veglhis is the '~ii~'~roperty in the City with these circumstances. He indicated in 1997 he was ready re;go, and had financing available, but was told he could not even apply~_ :He stated then the CitY Council found a way to go around the moratorium for some 'peO.pte~ and granted some developments, but by the time he went to the City Council they said they 'were-n-or: doing that anyraore;~ He indicated if he cannot get eight units on the property he may as Well use ii: for his bus~s-s-and not retire. ::::-:--' :' Vice Chairperson Var~ SdOy;asked if financial considerations were applicable as a hardship for a variance.. ~ Board Member Johnson stated it is not applicable. Carrie Mahowald asked if in regard to the comments of using this property.for a commercial use, if Mr. Deemer has the right to do so. She stated that several years ago the property was being -238- Board of Adj ustment/June 23, 2005 Page 7 of 9