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Board Business <br /> <br />Board Member Johnson indicated that while he is sympathetic to the ups and downs Mr. Deemer <br />has suffered with this property, he has a difficulty with this requested variance because he would <br />be concerned about the precedent they would be setting. <br /> <br />Motion by Board Member Johnson, seconded by Board Member Brauer to adopt Resolution #05- <br />06-181 adopting Findings of Fact #0723 unfavorable to the applicant relating to a request from <br />Mr. Ben Deemer for a variance in determining maximum alIowable density on the Subject <br />Propm~-y with the clarifications to the following findings: <br /> 17. That if granted, the variance will permit density that is prohibited in the R-2 <br /> <br />18. <br />19. <br />20. <br />21. <br />22. <br /> <br />Medium Density District. <br />Removed <br />Removed <br />Removed <br />That if granted, the variance will violate the intent of the Comprehensive Plan. <br />That if granted, the variance will grant the Applicants any special privilege that is <br />denied to other owners of land in the same district. <br /> <br />Board Member Brauer commented that he does not remember a case such as this that was <br />granted in the past. <br /> <br />Assistant Community Development Director Frolik stated this is the first of this type. <br /> <br />Board Member Brauer stated he agrees with Board Member Johnson that they would be setting a <br />precedent, and would have to do the same thing for every land owner that came in with this <br />request. <br /> <br />Board Member Johnson reiterated he is sympathetic to Mr. Deemer's predicament, and knows it <br />has not been an easy experience. <br /> <br />Board Member Levine agreed with the other Board Members, stating there is a lot of history on <br />the table. He stated their obligation going forward is to eliminate this type of thing and make <br />decisions based on the rules and regulations they have in place. <br /> <br />Mr. Deemer stated the underlying reason for the variance is that he sat on -the Planning <br />Commission, so there were some things he could not do. He indicated he objected to the <br />moratorium in 1997. He stated when he sat on the Board he does believe they allowed area for <br />County roads to calculate gross density, and he is sure that this change occurred after that <br />happened. He indicated this goes back to 1980 when County Roads were only 66 feet, and the <br />City was trying to help preserve the 120 feet right-of-way they have now. He stated to <br />compensate land owners for that additional right-of-way they allowed that 'space to be used to <br />calculate density. <br /> <br />Board of Adjustment/June 23, 2005 <br /> Page 6 of 8 <br /> <br /> <br />