Agenda - Planning Commission - 08/08/2005

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proposed variance request. After reviewing the matter and reviewing the facts of the case, the Board of Adjustment adopted findings of fact denying the variance. The applicant has exercised his right of appeal to the City Council, as allowed under City Code. Staff has prepared findings of fact for the City Council to consider as well as resolutions approving and denying the variance request. Mayor Gamec inquired about other variance requests of this type in urban area. Community Development Director Trudgeon replied to his knowledge this question has not come up. Ben Deemer, Applicant, stated before the re-codification he had the right to build two 4-unit buildings. In 1996 he went to staff with a proposal to move the property boundaries to create two lots and start building 4-unit buildings on the lots. His intention was to do this with his own funds, rather than to hire someone. At that time he Was serving as Vice-Chair of the Planning Commission. After having surveys completed and a plat drawn, the City placed a moratorium on development in all of the urban area, and staff would not even accept his application. He had sewer and water installed and was paying assessments at the time the moratorium was in effect. He spoke to the City Council during Citizen Input in 1968 and expressed his concerns, and Councilmember Zimmerman said they would take care of him. Two months later a moratorium extension was passed and he was not given relief. The cost of building went up, and he did not have enough funds, but he still had the right to put 8 units on that property. He is asking that because of the moratorium and the hardship, and the belief that he had the right to build 8 units, that he be allowed to build these units on the property he has been paying taxes on for 25 years. He stated this calculation is allowed in the rural area, and seeing as the Met Council said the whole City is urban now and there is no MUSA line, he thinks this is discriminatory against him. Mayor Gamec noted one of the problems would be with parking and setbacks. He does not know what the individual hardship would be to grant this. Councilmember Cook asked if Mr. Deemer could meet all the necessary regulations, such as with parking and greenspace, if this request were to be granted. Community Development Director Trudgeon rePlied staff has seen plans were it appeared everything could fit, but they did not have all the information. Councilmember Cook asked if there are findings of fact that would make this case different than others that would come forward. Community Development Director Trudgeon replied ):here is a worry of setting a precedent. Councilmember Jeffrey noted the Board of Adjustment was concerned about the precedent that would be set by this. He indicated he would be wmTied about that precedent if this were to be allowed. P54 City Council / July 12, 2005 Page 14 of 25