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, <br /> August 4, 1980 <br /> Page Fourteen <br /> I <br /> 2. The view of the adjacent property would have been <br /> obstructed even if the twenty (20) foot setback would <br /> have been adher.ed to. <br /> 3. The builder did not make the error maliciously or with <br /> any intent to damage anybody's property. <br /> 4. 'i':�e �,ossibi'.ity of demolishing the bu�_lding or moving <br /> it does not fit the level of the error. <br /> Mr. Ken Callahan, the Building Official of the City, mentioned the <br /> corner stakes were established mistakenly on a survey completed prior <br /> to September of 197?. A later survey revealed the error. <br /> Dennis Jordan, an attorney, represented Mr. Sheldrew, the property <br /> owner to the East, who was against the granting of the variance for <br /> the following reasons: <br /> 1. An experienced builder should have the correct property <br /> lines. <br /> 2. 11r. Sheldrew's view and privacy have �-een eliminated. <br /> 3. The applicant has no extra or ordinary circumstances and <br /> does not mcet any of the four reasons needed for. granting <br /> a variance. <br /> 9. The constructed duplex does not meet the general decor of <br /> the neighborhood. <br /> 5. An i+iicial complaint had been issued prior to the building <br /> of the new duplex. <br /> The IIoard then mentioned that proper corner stakes should have been <br /> placed knowing t;:�y were right. A builder who builds for a profes�ion <br /> should know t!�^ oropc::- property lines and should not profit Uy these <br /> � kinds of mistakes. <br /> Many of '.he neighbors w��re against the 9ranting of the variance and <br /> some of their reasons were: <br /> 1. The duplea was built on a very limited size lot and some- <br /> thing shoul�', be done. <br /> 2. Ti,� appv;,rance and loc� cost construcCion is detrimental to <br /> the area. <br /> 3. The owner of the pr��perty sl•�ould not be allowed to get <br /> away with an impropar setbark. <br /> i <br />