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Chairperson Nixt stated restricting future building would be imposing a restrictive covenant. He <br />would have a problem witk restricting further development if City Code would otherwise permit <br />it. There is currently a 2 1/Z acre minimum and frontage requirements and future building would <br />need to be considered under the circumstances and facts, and whether or not to grant a variance <br />in the future. He would not recommend including those additional conditions as part of the <br />approval. <br />Board Member Cleveland stated from past experience and observations in the City, when a <br />variance is granted they are stuck with it. She questioned how they can know the neighborhood <br />and the value of their homes will be protected if this variance is granted and the future access off <br />the County road. <br />Chairperson Nixt stated this easement would provide access to a single lot. There is not a <br />proposed lot split with this; that would have to come back with a subdivision request. Eventually <br />if there is a subdivision they would need to go through the process of evaluating that request. <br />Other development may occur by that time and it would then be considered whether it is a <br />reasonable request given the surrounding land use. <br />Board Member Cleveland commented some of these discussions have not been brought out on <br />the table, and that is why there are a lot of missteps in the City. She stated she would like to <br />maintain the 2.5 acres and questioned how to make sure the future generations are protected as <br />well. She pointed out that the County road is not up to the standards it should be, but they now <br />have someone coming forward that wants to purchase property and build on a lot that is in <br />compliance with the Comprehensive Plan. <br />Motion by Board Member Cleveland, seconded by Board Member Levine, to adopt Resolution <br />#07-04-087 adopting Findings of Fact #0793 relating to George and Denise Swanson's request <br />for a variance from the street frontage or lot width requirement. <br />Further discussion: Board Member Levine stated they want to be sure they are planning, but they <br />do not have crystal balls that know what is going on in the future. If more development comes <br />people will need to come back and request whatever is needed at that time. The Board needs to <br />think ahead, but they cannot think so far ahead or over-engineer that they restrict someone to be <br />able to do what they should be able to do. <br />The following findings were determined: 16: will not; 17: will not; 18: will not; 19: will not; 20: <br />will not; 21: will not; 22: will not <br />Motion carried. Voting Yes: Acting Chairperson Brauer, Board Members Cleveland, Levine, <br />Hunt, and Trites Rolle. Voting No: None. Abstain: Chairperson Nixt. Absent: Board Member <br />Van Scoy. <br />Motion by Board Member Cleveland, seconded by Board Member Levine, to approve George and <br />Denise Swanson's request for a variance from the street frontage or lot width requirement based on <br />Findings of Fact #0793 and adopt Resolution #07-04-088 declaring terms of same. <br />Board of Adjustment/Apri15, 2007 <br />Page 9 of 10 <br />