Laserfiche WebLink
impermissibly restrictive as it deprives the owner the use of his property. For the Board to deny <br />the use variance would in fact be restrictive to his client. <br />Mrs. Sergi questioned if the current Halleen owner had knowledge of the zoning of the land in <br />question. Mr. Farrell stated he did not think his client knew of the zoning. Mr. Halleen was asked <br />if he was part owner of the C& C Realty (Chevrolet Dealership). Mr. Halleen answered he was a <br />partner in the Chevy dealership. Mr. Halleen was asked to identify the section of land in question <br />and he accurately identified the section on the site plan. Mr. Halleen agreed with his attorney that <br />the land had no other viable use, was landlocked, and did not front on any street. Mr. Halleen was <br />again asked if he knew the land was residential when purchased. Mr. Halleen suggested that he <br />was not sure what happened and it was attorney Giesser that represented the owner in 1979. He <br />did not think that the land could yield a reasonable return if the use variance was not granted. Mr. <br />Halleen did not feel that the use variance was substantial but would be beneficial as that is the only <br />way he could use his land. He did not feel that the caricature of the neighborhood would be altered <br />by the development of the area nor would the neighboring property suffer from the development of <br />the area. Mr. Halleen stated that he did not believe that he knew the land was zoned residential <br />when he purchased it. He stated that if the use variance was granted he would adhere to the area <br />requirements pertaining to setbacks and buffering. He indicated that the existing chain link fence <br />would be replaced with a vinyl fence, as requested and the area would only be used for parking <br />cars. He further suggested that the only time cars had been in the area was with permission from <br />the Building Department during pavement work. Mrs. Sergi asked when Mr. Halleen purchased <br />the dealership. Mr. Halleen believed that he purchased the dealership some time in the 1980's, but <br />not sure of the exact date. <br />Mr. O'Malley advised that if the applicant was done presenting their evidence the board should <br />then allow those sworn in an opportunity to cross-examine the applicant and present their case. <br />Ms. Duffy presented claim documents to board members. She believed the land in question was <br />purchased by Halleen in September 1973 from Dorothy Snyder and she purchased her home from <br />Mr. Halleen, but was not sold the entire lot. She was only sold 156-feet of the 400-hundred foot <br />parcel. Mrs. Sergi asked if it was the current Carl Halleen who sold her the home. Ms. Duffy <br />stated that it was the Uncle of Carl Halleen who sold her, her home and broke off a section of the <br />parcel. She then passed out copies of a letter from Mr. Halleen dated September 18, 1984, <br />advising her husband that they would have to remove their belongings from the section of <br />property as it was being fenced into the dealership. A letter dated August 13, 1985, addressed to <br />City Council was also submitted. Ms. Duffy stated that she wanted to purchase the section of land <br />back from the dealership. The clerk made copies of the docuxnents presented by Ms. Duffy for <br />board members, city attorney and applicant's attorney. <br />Mr. Farrell questioned if the section of land in question was already split away from Ms. Duffy's <br />parcel when she purchased it. Ms. Duffy stated that the parcel was split in 1979 the same year she <br />purchased the parcel but it was before she purchased the lot. Mr. Farrell indicated that the letter to <br />council requested the dealership plant trees and landscape the property. He reviewed that his client <br />was proposing to plant trees and landscape a section of the parcel and questioned if Ms. Duffy still <br />wanted that. Ms. Duffy said not really. Mr. Farrell then asked Ms. Duffy if she thought the site <br />looked a mess and needed to be addressed. Ms. Duffy said she would like to purchase the land in <br />question. Mr. Farrell stated that she could discuss that outside the meeting. Mr. Farrell reviewed <br />that there would be a 20 foot buffer area on three sides of the land in question as requested by the <br />PC and ARB as well as a vinyl fence. The section of parcel in question will be approximately <br />eighty-two hundred square feet of setbacks which is giving up the use of 43.54% of land. Ms. <br />3of16