Board of Adjustment Agenda and Packet 2018 04 18

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Board of Adjustment Meeting Minutes November 15, 2017 Page 7 of 9 Ritchie said that that will not be setting precedence for future cases. The board makes decisions on a case by case basis. The board is protected when they state on the record their specific reasoning for each decision they make. Zuccaro adds that each individual case stands on its own and they should be reviewed individually. Schaaf brings up the topic of putting conditions on the property that will affect future buyers. She believes this does not put an extra hardship on the next homeowner and does not think it is fair to have it be a considering factor for the vote. Stuart agrees with Schaaf and adds that if a buyer knows that condition comes with the property, that burden falls on the buyer, not the City. Zuccaro says that the property owner can have any private agreement with a potential buyer, but anything on the variance application that gets adopted with the motion of approval is binding to the land. He mentions that a resolution would have to be made. Williams confirms with staff that if a resolution is made, it then goes in perpetuity with the land. Zuccaro agrees and mentions that anything related to the variance approval and any conditions listed or drawn on the building plans will be binding to the property. Williams asked staff if they know of any other properties that have these kinds of conditions on a resolution. Zuccaro said that having a resolution on a variance approval would be unique. Williams informs the board that she does not feel comfortable binding future homeowners to conditions other than conditions pertaining to basic building code. Stuart reminds the board that if a future homeowner is voluntarily buying a home, it is not the City's business whether or not this causes an extra hardship on the buyer. Schaaf tells the board that the condition would only remain as long as the neighbors are the current owners of those adjoining properties. Schaaf enters into the record screenshots of text correspondences between neighbors Marianne and Sonya. During the correspondence between Marianne and the applicant, Marianne mentions that it has been wonderful working together as neighbors and if they can get through this process, it will be awesome. Marianne continues by saying good luck to the applicant and to feel free to refer to their text thread for additional support if needed.