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June 4, 1975 PLAN`IIt�G R�PORT CASE N�lh16ER: APPLICAPdT: l.00ATIOi�(: ACTIO�� R�QIIEST�A: �LAN�EIN� COsdSIDERATIONS: 897 - 75 Ban-Con, Inc. Sou-�h of Grandview Avenue, �1est of LJoodbri dge Variance to Apartr�ent Density Requiremenis 1. ihe property in quest�on is accupied by a pondir�g area which is contiguous to ,�aterion Park as sho�rrn at the ske�cn a� the left. 7he planning area is a part of the praperty occupi.ed by an apartment s�ructure constructed in �970 consisting of T20 one- bedroom units and 82 two-bedraom units. At the �ine the anartment project was approvecl, the City requested that the pondi�g area and the land immedia�e1y around it be dedicated to the City to be added to Ma-�erion Park. This acquisition ��o�td provide for a means of access to the park from Grand:�tiew Rvenue. I� is conter�-- piated to ultimately cons'truct a�rail system around the pond, into an� through f�a-�erion �ark. Recent7y, ti�rhen the land ta the w�s� ti�ras platted by Ban-Con, (lots around �latiida Street as shotivn in the s ke �ch } an addi ti onal porti on of 1 and ti•�as ded-� cated to the Ci �y for park purposes to the west of the property in qu�sti�n {nor�h of �he park} as shown on th� ske�ch. 2. At this time BanCan proposes �o �iedica�e the praperty in question around the pand to the City. Dedicat�an_ of this land however, reduces the total 7and area for the apartmen�s to the ex-�ent that the remaining land occupied �y the apar-�nent bu-ilding is inadiqu�te to neet t�e densi �y requi remen�s �For �he nur�ber of uni ts constructed Th�refore, Ban-Cor� is requesting a variance at this time to legalize the existing s-�ructure as it relat�s to the density requirements on the�remaining property. ihis ac�ion is important inasmuch as the mortgagor requires pro�ectian and the right to rebui�d the apartment if it were io be destroyed by fire ar other causes to the extent af fifty percent or more. as you know, if the bu�iding is non-conforming the structure cannot theoretica�Ely be rebuilt un7ess th� develapment conforms to the zoning requ�rer�ents. (ir� ihis case, tf�e density requirem�r�ts}. It �is therefore im�or�ant to �ihe mortgagor that a variance be issued at this time to pratect their interests and that of the owner of the 1and.