2007-03-06 P & Z - Laserfiche WebLink

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City of Centerville Planning and Zoning Commission March 6, 2007 Commissioner Klennert-Hunt stated this is a legal lot and fits the requirements; the question becomes is it a buildable lot. City Attorney Glaser stated the water setbacks have not always been as deep as they are now. He mentioned that when the streets were put in they might have been back to 50 feet. He stated it is a balance between the City and owner to be able to use the land wisely. Chair Hanson stated he looked at it and took it out of the setting. He said the creek is what makes it unique. He mentioned Rice Creek Watershed District decided how close a property owner could build to the Creek. Chair Hanson stated that if the Commission did not grant a variance, it would be something to take a look at because precedence had been set previously. Commissioner Pangell asked what if the decision was wrong in the past; should the Commission keep approving the variances because of precedence. He stated there is uniform opposition to this. Commissioner Love responded the law sets the precedence unless the Planning and Zoning Commission hears something strong enough to say it was wrong. Commissioner Klennert-Hunt said the Commission must look at each situation individually. She said the Commission needed the comments and feedbacks so it could reach consensus and say it made the right decision no matter what it was. Commissioner Pangell stated the court cases and the Planning and Zoning Code are two different things. He stated the term precedence is judicial. Commissioner Wright reiterated his comment about a self created hardship by subdividing a larger lot. Commissioner Love pointed out he is concerned with the possibility of legal ramifications. He stated that whatever is decided, a legal situation for litigation is set up. Mr. Terry Sweeney, 7154 Brian Drive, stated he believed the variance was set when the setback was different. He said this is not comparing apples to apples; precedence was not set. He stated the lot was there, the creek was changed, which made the lot unbuildable and therefore is not a self created hardship. He stated the lot was plotted and then the creek was changed. Commissioner Fehrenbacher stated the roads were in place and did not change. Commissioner Wood stated that if the Planning and Zoning Commission went with the variances set by Rice Creek, how many of the current homes in the area would be less than 100 feet from the creek. He asked if that was any different than the Hanzal property. He mentioned the current homes still enjoy that domain for the same purpose Mr. Hanzal proposes. He said the new laws are there for a reason. He stressed the Mr. Hanzal did not move the creek or the road; he did not create the hardship. Commissioner Wood Page 5 of 10