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<br />City of Centerville <br />Planning and Zoning Commission <br />March 6, 2007 <br /> <br />Commissioner Love pointed out he is concerned with the possibility of legal <br />ramifications. He stated that whatever is decided, a legal situation for litigation is set up. <br /> <br />Mr. Terry Sweeny, 7154 Brian Drive, stated he believed the variance was set when the <br />setback was different. He said this is not comparing apples to apples; precedence was not <br />set. He stated the lot was there, the creek was changed, which made the lot unbuildable <br />and therefore is not a self created hardship. He stated the lot was plotted and then the <br />creek was changed. <br /> <br />Commissioner Fehrenbacher stated the roads were in place and did not change. <br /> <br />Commissioner Wood stated that if the Planning and Zoning Commission went with the <br />variances set by Rice Creek, how many of the current homes in the area would be less <br />than 100 feet from the creek. He asked if that was any different than the Hanzal property. <br />He mentioned the current homes still enjoy that domain for the same purpose Mr. Hanzal <br />proposes. He said the new laws are there for a reason. He stressed the Mr. Hanzal did <br />not move the creek or the road; he did not create the hardship. Commissioner Wood <br />stated there is more than one way to look at this. He asked what is in the best interest of <br />the City of Centerville. <br /> <br />Chair Hanson asked what year Old Mill Road changed. <br /> <br />Mrs. Essex replied it must have been 1994. <br /> <br />Commissioner Klennert-Hunt stated she went to the Hanzal property and measured it to <br />see what the setbacks were. <br /> <br />Commissioner Pangell stated this situation is very common on lakefront property. He <br />said older homes are grandfathered and new homes must meet the new setback <br />requirements. <br /> <br />Mrs. Essex stated her home is sitting where the road used to run. <br /> <br />Chair Hanson asked if road changed to the north. <br /> <br />Mrs. Essex replied it did not. <br /> <br />Chair Hanson broke down the criteria for a hardship and a discussion ensued on the <br />criteria and whether the property met the criteria for a hardship. There was extensive <br />discussion on whether or not this hardship was created by the Mr. Hanzal. The outcome <br />was Rice Creek Watershed caused the hardship on a conforming lot by increasing the <br />setback requirement. The creek causes a topographical hardship. <br /> <br />Page 6 of 11 <br />