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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 />1, as sufl'brcd with this property, he has a difficulty with this requested variance because he would <br />bc 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. Bcn l)ccmer for a variance in determining maximum allowable density on the Subject <br />I)ropcrty 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 /> Medium Density District. <br /> 18. Removed <br /> 19. Removed <br /> 20. Removed <br /> 21. That if granted, the variance will violate the intent of the Comprehensive Plan. <br /> 22. 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 />I~oard Member Johnson reiterated he is sympathetic to Mr. Deemer's predicament, and knows it <br />has not been an easy experience. <br /> <br />Board Mcmber Levine agreed with the other Board Members, stating there is a lot of history on <br />the table. I Ic 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. l)ecmcr 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 />('.ounty roads to calculate gross density, and he is sure that this change occurred after that <br />happcncd. I le 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 />compcnsat¢ land owners for that additional right-of-way they allowed that space to be used to <br />calculate rlensity. <br /> <br />Board of Adjustment/June 23, 2005 <br /> Page 6 of 8 <br /> <br /> <br />