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<br /> <br />o <br /> <br />o <br /> <br />Elk Riyer planning COmmission Minutes <br />October 23, 1984 <br />Page Two <br /> <br />Commissioner Pearce questioned whether the property was on a flood plain. Rick <br />Breezee indicated that part of the property probably was on a flood plain, but <br />the part of the property that would be intended for the dwelling units would <br />probably not be on flood plain because of the ~levations of the property. <br /> <br />Tralle indicated that there were five conditions that have to be met in <br />a variance to be granted, and reviewed these five standards with Mr. <br />The following is how Mr. Hastings answered to each condition: <br /> <br />Chairman <br />order for <br />Hastings. <br /> <br />1. Mr. Hastings answered yes, he has been caused a hardship because he has <br />had problems with his lot since he first bought the property because of <br />zoning enforcement. Mr. Hastings indicated that at first he thought he had <br />bought 8 - 100 foot lots, then there were 4 - 200 foot lots, and now he has <br />ended up with 2 lots. This all took place because of zoning measures within <br />the City. Mr. Hastings indicated that he had owned the land for 12 years. <br /> <br />2. Mr. Hastings indicated that he felt he had a unique situation because the <br />land is on river front and indicated that the lots are too expensive and far <br />too large to maintain. <br /> <br />3. Mr. Hastings answered yes and indicated he felt he would be deprived by not <br />being able to split his lots, because that was the main reason he purchased <br />the land for. <br /> <br />4. Mr. Hastings indicated that he was not responsible for creating these <br />circumstances. <br /> <br />5. Mr. Hastings stated that should he be granted a variance, it would not be <br />injurious to anyone else. <br /> <br />Mr. Joe Nathe from Riverside Farms indicated that if the Planning Commission <br />passed the variance, that they would be setting a precedent, and that if it was <br />going to be allowed for Mr. Hastings, it would have to be allowed for others. <br />Mr. Nathe indicated that he owns river front land also, and would like to make <br />his lot smaller also in the future. <br /> <br />Chairman Tralle closed the public hearing. <br /> <br />Commissioner Pearce indicated that he felt a 2~ acre lot was a good size lot and <br />felt that since Mr. Hastings has proposed a minimum of 225 feet for river <br />frontage, that he had no problem with accepting the variance. <br /> <br />Rick Breezee indicated to the Planning Commission that he felt monetary gain <br />cannot be used as a means to grant a variance, and he felt the ordinance should <br />be kept in tact so that a precedent would not be set. <br /> <br />Chairman Tralle indicated that other variances have been rejected based on the <br />hardship plea, and on economic natures. Chairman Tralle indicated that he felt <br />the river is an asset to the community to be shared by everyone, and that he felt <br />he would have to vote against the variance. <br />