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July 14, 1981
SUBDIVISIONS
Item No. 13 - Whillock's Peplat - Lot 3 - Building Line
Waiver
LOCATION: 819 N. Pine
OWNER/AGENT: James P. Harney Construction Co.
REQUEST:
To replat lot for purposes of making the building line match
the construction.
HISTORY:
On October 6, 1980, the staff signed and authorized for
filing the Whillock's Replat as three lots. These lots were
platted with a building setback line along N. Pine Street of
25'. The street right-of-way for N. Pine Street is 60' wide
with a more or less 25' pavement that is approximately 12'
of center to the west. This builder in establishing the
foundation of the house was unaware of this and made the
assumption that there was less right-of-way behind the curb
than existed. It is also apparent that the building
inspector made similar assumptions inasmuch as the house
aligns with older structures on the north. The problem did
not come to light until the requirement for an as -built
survey produced evidence that the house had been constructed
approximately 14.6' into the front yard.
STAFF RECOMMENDATION:
Due to the structure being almost completed, we see no
alternative to allowing the replat; however, we feel that
Lot 2 should also be replatted. This would provide
alignment of all of the houses on this side of the block.
SUBDIVISION COMMITTEE RECOMMENDATION - ADIVISORY OPINION
Approval of request as filed. (Vote 2-0-3) Hastings and
Taylor.
July 14, 1981
SUBDIVISIONS
Item No. 13 - Continued
PLANNING COMMISSION ACTION:
There was one objector present, Mr. Herb Rule. The
applicant, Mr. Harney, was present and represented his
request. After a brief discussion, the Commission
determined that the one lot should be allowed exception
(3R). The Commission voted to approve a replat of Lot 3
into Lot 3-R with a 10' front yard. The vote - 9 ayes,
0 noes, 2 absent.
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