Hanzal Development Tabled Once Again
Centerville P&Z Close To Addressing Variance Issue
An eleventh-hour suggestion by developer Jeff Hanzal at the continued February 6 public hearing for his development on Old Mill Road seemed to spark interest in a Planning and Zoning Commission that was clearly reluctant to grant a key variance for one lot.
According to Hanzal, a Rice Creek Watershed District drainage easement and the Clearwater Creek floodplain behind proposed Lot 6 of the plat make it virtually impossible to meet setback requirements for a proposed home.
"The bend in the creek renders the lot unusable without a variance," he said.
The 20-foot variance would situate the house a mere 15 feet from the street right-of-way line, a move strongly opposed by neighbors who spoke at the hearing. A 35-foot setback is required by ordinance.
After two hours of discussion, Hanzal's sudden proposal to use prestressed concrete panels for the garage floor - thus meeting structural building code requirements for allowing living space below, and zoning requirements for a minimum foundation size of 1050 square feet in the R-2 District - led to a motion by Commissioner Tim Wood to table the application once more pending receipt of more detailed calculations.
Incorporating the garage into the livable space footprint would reduce the overall size of the house and, ultimately, reduce the setback variance needed as much as 10 feet. Garages are usually constructed as "slabon-grade" and are not contained within the foundation area for a home.
Hanzal argued that permitting the setback variance "will not alter the essential character" of the neighborhood. He maintained that his subdivision would generate additional city revenue and tax base, increase neighbors' property values, and offset future street assessments.
"This development will carry our name, and for those of you who know us personally, that is something we don't take lightly," he said.
About two dozen interested neighbors attended the hearing, many of whom wrote letters objecting to the variance.
"That house is going to stick out," said Jon Krueger, who lives across the street from the proposed home. "We want you to have to follow the same guidelines that we had to follow [when we built our home]."
The proximity of the house to the street was of particular concern to a number of residents.
"There is a curve in the road . and cars come down that road, speeding. It would be a dangerous situation," Norma Essex said in her letter to the Commission.
Neighbors Kevin Malani and Sandy Salazar both said that the lack of a back yard would lead to children playing too near the street, leading to an increased risk of being hit by a car.
Krueger suggested that the Hanzals consider tearing down their existing home, located on Lot 5, so that all lots could be platted in conformance with the city's ordinances.
In order to approve a variance, the Planning and Zoning Commission must find that five criteria are met. Although the commission agreed that four of those conditions were met, members seemed to balk at approving the variance on the basis of its size, and left for the next meeting the issue of whether the applicant is entitled to a variance due to "an undue hardship, as distinguished from a mere inconvenience," because of the "physical surroundings, shape or topographical conditions" of the parcel, the final condition under discussion.
The variance request is part of a larger application by Jeff and Laura Hanzal that came before the commission on January 2. The Hanzals requested the commission recommend approval of a rezoning, Comprehensive Plan Amendment, preliminary plat and variance for 6.36 acres at 7381 Old Mill Road, to be subdivided into six lots as Hanzal's Subdivision.
Portions of the property are currently zoned P-1 (Public, Semi-Private) and R-5 (Single Family Residential); a R-2 zoning is sought on those portions. With the exception of the variance request, the other items were approved at that meeting.
Before Hanzal began his presentation, the ex-member of the commission spoke directly to his neighbors and commission members about his business relationships with various Centerville City Council members.
Hanzal owns a residential/commercial remodeling business.
"I have done work for council members," he said. "Everybody's been charged and paid a fair price for their work."
On his relationships with former Planning and Zoning Commission members, he said, "I haven't had any personal relationships with anyone except Mr. [Brian] Hanson, and he isn't here." Hanzal resigned from the commission late last year.
City Administrator Dallas Larson said later in an interview that City Attorney Kurt Glaser spoke with council members ahead of the January 24 meeting and "determined there were no conflicts of interest."
The variance will be considered again at the Planning and Zoning Commission's meeting of March 6.