06/23/05 Special Meeting - Laserfiche WebLink

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Board Member Brauer stated he understands the concern, but does not see it as a justification. I lc indicated his property was zoned differently six years ago, and did not even have a house on it. ! lc stated he would not be able to come in now and say he wants to put an apartment building on the property because it used to be zoned differently. Mr. l)ccmcr stated the moratorium kept him from developing when it was zoned differently. Board Member Brauer noted that was seven or eight years ago. Mt'. l)ccmer indicated that until a few months ago he thought he had the right to build eight units. l~oard Member Brauer stated he sympathizes with Mr. Deemer's plight, and agrees it is not pleasant what has happened on this property, but indicated if the Board of Adjustment grants this variance they are opening up a whole can of worms on other properties. Mr. l)ecmcr stated he believes his is the only property in the City with these circumstances. He indicated in 1997 he was ready to go, and had financing available, but was told he could not even apply, fie stated then the City Council found a way to go around the moratorium for some people and granted some developments, but by the time he went to the City Council they said thcy were not doing that anymore. He indicated if he cannot get eight units on the property he may as well use it for his business and not retire. Vk:e Chairperson Van Scoy asked if financial considerations were applicable as a hardship for a variance. Board Member Johnson stated it is not applicable. ('arric Mahowald asked if in regard to the comments of using this property for a commercial use, it' Mr. l)ccmer has the right to do so. She stated that several years ago the property was being used to storc dumpster roll-off containers, and there was traffic coming all hours of the day and night. She indicated the noise was very loud, and the lights they used came right in her windows. She stated she called the City and was told that was not an appropriate use, and Mr. Deemer was told to stop the operations from the property. Assistant Community Development Director Frolik indicated that Mr. Deemer previously used an accessory building on the property for his general contracting business. She stated when Mr. I)cemer wcnt to the dumpster roll-off use it was not the same business, and was not a grandlhthercd use. She indicated if Mr. Deemer stops using the property for his general contracting business for over twelve months he loses his grandfathered status. Motion carried. Voting Yes: Vice Chairperson Van Scoy, Board Members Johnson, Brauer, and l,evine. Voting No: None. Absent: Chairperson Nixt, Board Members Shepherd and Watson. Board of Adjustment/June 23, 2005 Page 7 of 8