2007-03-06 P & Z - Laserfiche WebLink

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City of Centerville Planning and Zoning Commission March 6, 2007 stated there is more than one way to look at this. He asked what is in the best interest of the City of Centerville. Chair Hanson asked what year Old Mill Road changed. Mrs. Essex replied it must have been 1994. Commissioner Klennert-Hunt stated she went to the Hanzal property and measured it to see what the setbacks were. Commissioner Pangell stated this situation is very common on lakefront property. He said older homes are grandfathered and new homes must meet the new setback requirements. Mrs. Essex stated her home is sitting where the road used to run. Chair Hanson asked if road changed to the north. Mrs. Essex replied it did not. Chair Hanson broke down the criteria for a hardship and a discussion ensued on the criteria and whether the property met the criteria for a hardship. There was extensive discussion on whether or not this hardship was created by Mr. Hanzal. The outcome was Rice Creek Watershed caused the hardship on a conforming lot by increasing the setback requirement. The creek causes a topographical hardship. City Attorney Glaser read from the Statute and stated the property in question could not be the plight of the landowner, is unique to the property, and not created by the landowner. A discussion ensued on the hardship criteria to be met. City Administrator Larson stated a condition of approval could be that the house proposed must be the house built. Commissioner Wood asked if a condition that the home not be built until the lot is sold could be added. City Attorney Glaser replied he was not sure. Chair Hanson stated Mr. Hanzal had the right to tie up their money the way they see fit; the risk is theirs to take. Commissioner Wright stated a neighborhood did have the right to be concerned with a home sitting empty. Commissioner Fehrenbacher stated he would be more comfortable if the condition to sell and start building within one year was added. Page 6 of 10