09/13/1976 Meeting - Laserfiche WebLink

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Mr. McAlexander presented the argument on behalf of Mr. Peterson, stating that they made the contention that the ordinance under question is suhject by the city staff's own action to two interpretations (1) strict and (2) literaI. He read from the ordinance as follows: "Duplexes on corner lots tvhich have been created on or prior to March 15, 1968 that meet area requirements of . 5,000 square feet; corm-?r lots tvhich have been created after March 15, 1968 subject to area requirement of 10,000 square feet, or corner lots of land annexed ~fter March 15, 1968; or duplexes existing on corner ,Zots or where corner lots meet area requirements of 10,000 square feet..." Mr. McAlexander stated that this lot was created prior to March 15, 1968, however, the street which made it a corner lot did not go through until 1975. Mr. McAlexander further stated that at the time the street t'las proposed Mr. Peterson consulted and was told by the Planning Department that his lot would be a duplex lot. Consequently, he made no Objection to the street going along side of or adjacent to his property. llfter the street \"01S installed he then applied for a building permit and was denied one on a strict interpretation of the City Code, "9.734(1) The Zoning Board of Appeals may grant variances with respect to fences and walls, s,i te areas, r"idth, frontage, dept.h, etc... " Specifically, 111'. l1cAlexander stated that the si te area val',; ance was his concern. He further quoted from Section 9.732 of the Code, "The power to grant variances does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the objectives of the zoning ordinance is provided by the conditional use provisions of this ord.inance". Nr. McAlexander stated that therefore, duplexes are not listed as conditional uses in R-A zoning because .it is listed as a use of the property. Consequently, Mr. Peterson is not asking for a use change since it is an approved use with certain site area requirements. Mr. McAlexanrJer related the following changes to Mr. Peterson's property because the street was placed in the location it is in. The requ.ired e setback,is nOw 15 feet by city ordinance and Mr. Peterson has sustained a loss of. 2,202 square feet of land use and there is created a situation where '- his garage is now sitting within that l5-foot setback, creating an illegal structure, and representing 25 percent. of the land involved. Further, he stated that the lot has 8,760 square feet, which is close to the 10,000 ( only short 1,240 square feet. Mr. Hamel at this point asked Mr. McAlexander the OIVIlership of Dot No. 1500. Mr. McAlexander replied that Nr. Peterson did not ol\'n the property and that the road that tvas p!1 t in there was not for the benefi t of Nr. Peterson's property. (Ownership of Ta.x Lot 1500 vlilS not determined.) Mr. TO~ Evans spoke on behalf of Mr. Peterson in regard to the legal reasons for the variance. lIe stated that a val' Lance was something to correct a maladjustment or an inequity and to render justice in individual cases, \\'hich he stated is essentially what happe!1ed here. lIe stated that they t'lere not asking for a use variance, but asking for a site area variance, and it should be easier to make this type of change. Nr. Evans further related that Mr. Peterson had received a notice in the mail that they vlanted to put a street in beside his house. He therefore went dOlvn and talked to Bill Franch of the planning Department and asked the effect on his property, knowing that if the street went in and his lot remained a single-family lot. that it would cost him money. Mr. Evans further stated that Mr. Peterson had asked Mr. French specifically,"When the street goes in will my house then become a corner lot so that I can built a duplex on it? If that is true, then it will be to my advantage to have this street go ,through". Mr. Evans stated that Nr. French e then said "Yes, if this street goes in your lot will become a dup1.ex lot". -- Mr. Evans referred the panel to Mr. French's letter of April 1.6, 1976 to M;r, l'!cAlexander. Mr. Evans tIlen stated that vlith this informatjon Mr. Peterson 45\ Minu~e5 9/13/76 -- 16