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City of Centerville <br />Planning and Zoning Commission <br />February 6, 2007 <br /> <br /> <br />City Administrator Larson responded it is irrelevant now and must be looked at as a <br />whole. <br /> <br />Vice-Chair Klennert Hunt stated her issue with undue hardship is that it is often hard to <br />know if a property is in a floodplain by just looking at it. <br /> <br />Commissioner Fehrenbacher stressed he did not want to set a precedent of “did not <br />know” as an undue hardship. <br /> <br />Commissioner Love stated the Commission must set exact variables. <br /> <br />Commissioner Pangell stated each situation is unique. <br /> <br />Commissioner Wright agreed. <br /> <br />Councilmember Broussard recommended that the Commission look first at the criteria <br />the variance did meet. <br /> <br />Criteria 5: Variances will not be granted that allow a use that is otherwise not a <br />permitted use in the zoning district that the subject property is located. <br /> <br />All commissioners agreed it met this criterion. <br /> <br />Criteria 4: The variance will not adversely affect public health, welfare, and safety and <br />will not be detrimental or injurious to property or improvements in the neighborhood. <br /> <br />Commissioner Pangell stated he lives on an inside corner on Eagle Pass. He mentioned <br />the line of site is often a problem and agreed an inside corner is a positive in Mr. <br />Hanzal’s favor. He stated the line of sight appears to not be a problem. <br /> <br />Commissioner Wood stated he lives at 7307 Deer Pass Drive where his children play in <br />the back yard of the house. He indicated he did not see the safety issue as the <br />responsibility of the owner as long as they met the criteria of the state. <br /> <br />Commissioner Fehrenbacher stated he appreciates the safety of children, but the <br />assumption that there would be children on the property is not at issue. <br /> <br />All Commissioners agreed it met this criterion. <br /> <br />Criteria 3: The alleged difficulty or hardship is caused by the City Ordinance and has not <br />been created by any persons presently having an interest in the parcel of land. <br /> <br />Vice-Chair Klennert Hunt stated this is a Rice Creek issue and Rice Creek usually does <br />not give variances so it is not worth pursuing. <br /> <br />Page 8 of 12 <br />