2007-03-06 P & Z - Laserfiche WebLink

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City of Centerville Planning and Zoning Commission March 6, 2007 City Attorney Glaser recommended, from a legal perspective, the Commission make very detailed findings as to why the decision was made. He stated clear and detailed findings of fact need to be evident in case of litigation. He indicated there are many facts before the Commission; consider them all carefully. Commissioner Wright asked if the total property is one lot, and if, by subdividing the lot, a hardship would be created. City Attorney Glaser replied the Courts stated the old rule was not fair and if there are other factors, the property owners deserve a variance. He explained the old rule did not serve as an automatic bar. Commissioner Wright asked if Mr. Hanzal created his own problem by subdividing. City Attorney Glaser replied this situation is unique because there is an existing home on the property. He stated it is up to the Commission to decide. Commissioner Wright asked if the Commission could decide Mr. Hanzal created his own hardship by subdividing. City Attorney Glaser replied that was an option. Mrs. Ladine Krueger, 7368 Old Mill Road, stated she lives across the street from Lot 6 and asked if Mr. Hanzal had two years to start or finish the construction. She stated because this is a nonconforming lot, a speculative home would have to be built within the time frame. She reiterated the lot has no back yard, a small front yard, and no buyer for the house. She expressed concern at having a home built that might sit empty. Mrs. Krueger pointed out the road curves and the house would be at the curve. She stated the point is safety with the house being so close to the road. She mentioned her other concern is why a variance that has been opposed so strongly is still being discussed. She asked what is so special about granting this one when others have been denied. Mrs. Norma Essex, 7333 Old Mill Road, stated she is concerned about the home sitting empty also. She said the back yard is useless, floods, is full of mesquites in the summer, there is no room for storage, and the fill would not settle for a very long time. She said she did not understand why Mr. Hanzal wants to build on an unbuildable lot. She suggested they could give the lot to the Rice Creek Watershed District and build on the other five lots. Mrs. Essex stated Mr. Hanzal had other options and the lot could be used for other purposes. Mr. Kevin Malan, 7354 Old Mill Road, stressed the point that this is a self created hardship. Mr. Hanzal responded to the comments stating the lot to the north of the existing house could be zoned R-2. He asked if it would be considered a spot zone. He said if he did get the variance and built house, the risk is his. He stated they have tried to address the concerns of the neighbors and find something everyone could live with. He pointed out Page 3 of 10