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proposed variance request. After reviewing the matter and reviewing the facts of the case, the <br />l loard o I' Act. justment adopted findings of fact denying the variance. The applicant has exercised <br />his right of appeal to the City Council, as allowed under City Code. Staff has prepared findings <br />of fact fi)r thc City Council to consider as well as resolutions approving and denying the variance <br />request. <br /> <br />Mayor (Jamec inquired about other variance requests of this type in urban area. <br /> <br />Community Development Director Trudgeon replied to his knowledge this question has not <br />COlllC tip. <br /> <br />Ben Deemer, Applicant, stated before the re-codification he had the right to build two 4-unit <br />buildings. In 1996 he went to staff with a proposal to move the property boundaries to create <br />two lots and start building 4-unit buildings on the lots. His intention was to do this with his own <br />funds, rather than to hire someone. At that time he was serving as Vice-Chair of the Planning <br />Commission. After having surveys completed and a plat drawn, the City placed a moratorium on <br />development in all of the urban area, and staff would not even accept his application. He had <br />sewer and water installed and was paying assessments at the time the moratorium was in effect. <br />l te spoke to the City Council during Citizen Input in 1968 and expressed his concerns, and <br />Councihnember Zimmerman said they would take care of him. Two months later a moratorium <br />extension was passed and he was not given relief. The cost of building went up, and he did not <br />have enough funds, but he still had the right to put 8 units on that property. He is' asking that <br />because of the moratorium and the hardship, and the belief that he had the right to build 8 units, <br />tha! he bc allowed to build these units on the property he has been paying taxes on for 25 years. <br />I1c stated this calculation is allowed in the rural area, and seeing as the Met Council said the <br />whole City is urban now and there is no MUSA line, he thinks this is discriminatory against him. <br /> <br />Mayor (}amcc noted one of the problems would be with parking and setbacks. He does not <br />k now what the individual hardship would be to grant this. <br /> <br />Councihnen~ber Cook asked if Mr. Deemer could meet all the necessary regulations, such as <br />with pafldng and greenspace, if this request were to be granted. <br /> <br />Community Development Director Trudgeon replied staff has seen plans were it appeared <br />everything could fit, but they did not have all the information. <br /> <br />('.ouncilmcmber Cook asked if there are findings of fact that would make this case different than <br />others that would come forward. <br /> <br />(forum unity Development Director Trudgeon replied there is a worry of setting a precedent. <br /> <br />(:ouncihncmber Jeffrey noted the Board of Adjustment was concerned about the precedent that <br />would be set by this. He indicated he would be worried about that precedent if this were to be <br />allowed. <br /> <br />City Council / July 12, 2005 <br /> Page 14 of 25 <br /> <br /> <br />