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City of Centerville <br />Planning and Zoning Commission <br />February 6, 2007 <br /> <br />Mr. Hanzal reported a good portion of the proceeds would benefit many parties including <br />the City of Centerville, neighbors being assessed for Old Mill Road improvements and <br />decrease the overall tax base. <br /> <br /> <br />3)The alleged difficulty or hardship is caused by the City Ordinance and has not been <br />created by any persons presently having an interest in the parcel of land. <br /> <br />Mr. Hanzal stated the hardship is the result of factors not created by persons having an <br />interest; including: the bend of the creek, the re-routing of Old Mill Road during the <br />Acorn Creek developments, and ordinance restrictions of the City of Centerville and the <br />Rice Creek Watershed District. <br /> <br />Mr. Hanzal stated there was no indication the lot contained a hardship until the <br />preliminary plat was drafted in late 2006. It is impossible for a common person to <br />foresee a pending hardship as complex as this without the ability or knowledge of the <br />situation. <br /> <br />Mr. Hanzal indicated he had no experience with development nor had any indication <br />from the previous owner that there were issues; therefore, prior knowledge would be <br />impossible. <br /> <br />Mr. Hanzal stated the two out lots were purchased for $1.00 in order to attach the <br />mortgage to the legal property parcel that contained the residential structure. This is not <br />an indication that there was prior knowledge of the hardship. <br /> <br />Mr. Hanzal indicated his knowledge was limited to the City’s zoning ordinances allowing <br />the land to be used for residential building purposes. <br /> <br /> <br />4)The variance will not adversely affect public health, welfare, and safety and will not <br />be detrimental or injurious to property or improvements in the neighborhood. <br /> <br />Mr. Hanzal stated the variance would support the increase to surrounding properties and a <br />decrease in the overall tax base. He indicated the structure and driveway would be <br />developed to accommodate all R-2 guidelines with the exception of the front setback. <br /> <br />Mr. Hanzal reported the structure and driveway have been designed to maximize green <br />space and retaining walls have been designed as low as possible for public and <br />emergency personnel safety. <br /> <br /> <br />5)Variances will not be granted that allow a use that is otherwise not a permitted use in <br />the zoning district that the subject property is located. <br /> <br />Mr. Hanzal stated the lot and structure would be for single-family, residential use only, as <br />commonly enjoyed in other R districts. He stated he purchased the property knowing the <br />City’s zoning ordinances supported the use of this property for residential development. <br /> <br />Page 3 of 12 <br />