5206 SEAHURST AVE 2016-01-01 MF Import

Item IV Tlle last item on tlte agenda was a request for the reconsideration of a variance application by Jade Development Com an . This variance had been denied at the previou��aring and the applicant wishes to present new testimony for a rehearing. Representatives for this agenda item were as follows: 1. Reid Shockey - representin9 Jade Development Companp Z. DhenneighborntoatherEast ofe5206eSeahurst Avenuerew, ` 3. Jim Iles - the Assistant City Attorney i 4. John Patzold - representing the City's Public Works ; Department � A letter was read from James Allendoerfer, the attorney sor Jade � Development Company, giving the reasons hi.s client felt a recon- lsideration should be given. They are as follows: � 1. The Public Works Department should be granted an opPortunity j to present its recommendation �n the variance, taking into � account new evidence relating to development pinto account ` possibilities for Seahurst Avenue, a:id taking 4 the City' s role in creating the il`_egal setback. � 2. The applicant and the Cit.y shou,d �osalawhereb'1ethepoariance � tunity to present a settlement lrop Y ; could be granted subject to 10 feet of road right-of-way � being converted into a sidewalk and utility easement. ! 3. An opportunity should be given for the presentation o � evidenc showin9 that the abutting property ow.^.ers, under similar circumstances, have not been required to dedicate � 10 feet of right-of-way to the City; the combination of requiring the apPlicant to dedicate 10 feet, and himyann him a variance for Uuilding setUacks, is denying property right enjoyed Ly otl�er persons similazily situ�ted. 4 . The Order of the �oard of Adjustment fails to nake findings � of fact disclosing the evidence relied upon in reachin9 t its decision. Such findings of fact are required by law, ! and the omission thereof will merely result in the case '� being remanded to the IIoard of Adjustment for further , proceedinqs in the future. 1 -4- i •