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Board of Adjustment Documents 1991
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Board of Adjustment Documents 1991
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City Council Records
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BOADOCS 1991
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<br />front yard, and, of the lots 87, 61, and 13, you have a plan of the subdivision available. <br /> <br />Sears: I'm not sure if the card shows the lot numbers on it. <br /> <br />Eisenstein: Let me have this Exhibit 5. I will bring this up to you and you can have it. <br />I just want to orient myself here. <br /> <br />Sears: That's fine. <br /> <br />Eisenstein: The red circle on the lot numbers that I recited to you. Let me submit that <br />lot 61, because it backs on to public open space, is not a similarly situated lot because, <br />other than provisions of the PUD, you can have a fence like the one the applicant is <br />seeking. So, I don't think that it is a comparable lot. <br /> <br />Tillquist: I would be curious to know what you are talking about. Which lot is 61? <br /> <br />Eisenstein: Here is lot 61. Here is the applicant's property. Lot 61 backs on to this public <br />use space. This yard is longer than this yard. So, this would be the front yard but the <br />house faces this way. <br /> <br />Pendergrast: For the record, the front yard, the architectural front yard, faces north and <br />the ordinance front yard faces east? <br /> <br />Eisenstein: Right. Architectural front yard faces north. <br /> <br />Pendergrast: For the record, it is on the southwest corner of PaImtree and Cleveland. <br /> <br />Eisenstein: So, I don't think that is the same situation. Lot 13, which is across the street, <br />we have already had discussions on. There is a fence there. The fence exists. So, it is not <br />a question of another lot coming in here for a variance or anything like that. It is <br />comparable but the fence is already there. Lot 87 is the only other one that doesn't have <br />a fence. The conclusion I draw from that and, that I ask you to draw from that, is one lot, <br />other than the applicant's lot, out of 106 that may be in a similar situation. I think that is <br />pretty unique. I think it is less than 1 %. I think just doing a math analysis like that you <br />have got a very unique, infrequent problem and there may be other lots in the city, for <br />example, the Strobel property, but this is not a cicurmstance that is that common. It is a <br />unique circumstance. The next criteria.... <br /> <br />Sears: Steve Pendergrast has a question. <br /> <br />Pendergrast: I'd like to ask a question. When you say that 3 out of 106 lots face this same <br />circumstance, there are a number of corner lots in this subdivision that have the same <br />situation. In what sense are they similar? There are some corner lots. You've identified <br />three of them. I'm not sure why some of these other corner lots wouldn't fit. Because <br /> <br />8 <br />
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