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VIDEO – Lake View City Council debates validity of recommended variances

LAKE VIEW, IOWA – MAY 3, 2010
These are not quotes.

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1. We have an awful lot of small lots.
- If this is granted, what’s stopping anyone else from doing the same thing?
- I fail to see where they proved hardship.
- If we do this, how do we tell everyone else down the line that they can’t do it?
- The garage next door is illegal. Two wrongs don’t make a right- Council asked to keep in mind that if these are granted that there will be many more coming.
- P&Z had a long discussion, but approved it.
- We have to be careful about how ordinances are broken.

2. Second resident also voices concerns.
- She claims to be a real estate pro.
- She lives on a property directly west of one of the variances being considered and is concerned about visibility.
- Setbacks affect property value.
- She doesn’t seem to believe that there was any hardship provided during the presentation.
- Lot’s of people seem to be renovating their cabins and she seems concerned that the flood gates are open.

3. There was no one to speak about the Corn Belt variance.
- This will be an Iowa wireless, T-mobile affiliate tower.
- This variance is for height.
- Will the grass be mowed better?


4. If we send one of these back to the P&Z we are sending the message that we don’t trust them.

5. Resolution 10-21 passed.

6. What was the intention of previous councils in making these laws?
- The Lake View zoning code was done in 2000.
- The board of adjustment was established at the same time. Zoning regulations are intended to apply to every property.
- There’s no way to write zoning regulations that affect each property the same way, thus the board of variance.
- If there is a good justification for varying from the law, then this board is what makes that decision.
- The board will say that each case is considered on its own merits.

7. The board is in flux right now
- 4 of the members have 2-3 years of experience or less.
- We want to promote and encourage property improvement, but are walking a fine line.
- Council member respect board, but feels that the council needs to strongly consider the impact of these variances.


8. What about legal issues for the city.
- It is up to the board of adjustment to make these decisions?
- Tjadens were granted this variance years ago, and it is to the same spot, and the only reason they are coming back is because their boundary changed.
- Ortners are creating a new structure. City Attorney doesn’t seem to be sure if that is a hardship.
- Board of adjustment has been granting permission to go wider and longer on garages for many years.
- Variances have been very liberally granted.
- 2 variances have been remanded in 10 years, but several were not granted by the board.
- City Administrator address quirk in code regarding front yard setback that addresses Ortner property
- As it is right now, all of the properties are in line on the lake side.
- The important thing to remember is that we don’t make everyone happy.


9. Resolution 10-22 passed.

10. Resolution 10-23 passed


11. Building permit for Ortners approved



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