204 E MAGNOLIA AVE 2016-01-01 MF Import

�. Finding: Ord. 357? as amended by Ord. 3b26 xas amended by Ord. 1037-g4 in 1984 which is the current Ord. and deals with ahat an applicant may or may not apply for. P. Applicant. Any person or persons aggrieveci ma;r oe the appiicanL and raay make a request .or a variance to the Eoard :or relieP from any provision or :equirement of the zoring ordinance ;.n the aoplication of the prov+sions or i•equirements of the ::oning ordinance to the applicant's land a.nd/or structure except that tho Board shall not te permitted to grant a use not allorred in tne zone in whicn it lies, or to make an� change oi a boundary line of a zone, or to increase the d,relling unit density sucri as allow=ng a duplax on less than a 7,500 sq. Ft. lot. The applicant shall appear at ti�e public hearing a1; the time and p12ce :ixed by the Boa^d in person, by a�ent or by artorney. 1. Conclusion: .�inding ikt states tiiat a vari�nce wzs granted en March 11 , 1968; Finding fl2 states that a building permit must be obta;.r:id in one year - 18 years have p3ssed in this case and building permits k�ave not been issued. 2. Conclusion: Finding 1i3: The 7984 amendment effective for time decision was also only one year, �aith a possibla six month extension. The applicant cannot meet the ar.iended time frames of this Ordinance. 3• Conclusion: Finding i14: in 1968 states that appllcant did have the right to apply for duplex 1ot variance. rinding Il5 is the City's current adopted regulation - it specifically prohibits increasing dwelling units density such as allowing a duplex on less than a 7,500 sq. ft. 1ot, wl�ich prohibits granting of a lot vatiance for density ?ncreases. RE�ObA1ENDATION: DENY APPLICANT'S REQUES'f TO kLLOW THE ORDER WRIY'TEN IN 1968 TO BE VALID , Reasons: 1. Both codes (1968 and current) specifically call out a one year time frame in which an apQlicant �ust obtain a building permit or the order becomes void. Eighteen years t:ave passed and the applicant has made uo attempt to contact the City and inquire about the status of this order. I: the applicant had cont3cted the City prior to 198a amendment he could 'nave re-applied for nis •�ariance. 2. The current City Code does not allow variance for lot density s��en as allowing a duplex on a 1ot less than 7.500 sq. ft. 3• The applicant can build a single !'amily unit on this lot and meet a11 zouing code requirements. ,,,��( o��,.� Pre red By � � � � Reviewed By 27i7F � �